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December 12, 2002  
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9-11 COMMISSIONERS MUST DISCLOSE
CRS Determines that Senate Ethics Committee Has Jurisdiction Over All Commissioners
 
WASHINGTON - Senate Governmental Affairs Committee Chairman Joe Lieberman, D-Conn., Thursday released a Congressional Research Service memorandum regarding financial disclosure requirements for appointees to the commission investigating the September 11th attacks.
The memo concludes that:

The September 11th commission clearly qualifies as a legislative branch commission.

The Senate Ethics Committee is responsible for enforcing the Ethics in Government Act of 1978.

All members of the commission fall under the jurisdiction of the Senate Ethics Committee, even if appointed by the president.

As the CRS reported last week, if a commissioner works more than 60 days he or she must disclose assets, income, liabilities, positions held, and clients who paid more than $5,000 over the course of two years for his or her services.

The CRS cited a number of precedents, including a 1989 published opinion by the Justice Department’s Office of Legal Counsel. In that opinion, the Office of Legal Counsel ruled that a commission on railroad retirement reform was a legislative branch commission, despite the fact that four of the commission’s seven members were appointed by the president. The Office of Legal Counsel concluded, it was without authority to advise the commission regarding commissioners’ conflicts of interest and financial disclosure.

For a copy of the CRS report and the1989 opinion from the Justice Department’s Office of Legal Counsel, please click on the links below.
 
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Printable Version
 
Related File(s)
CRS Report  CRS Report (144.1 KBs)
Justice Department Opinion   Justice Department Opinion (69.4 KBs)

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December 2002 Press Releases
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December 20 - Lieberman Warns Against Short-Changing Homeland Security
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December 20 - Lieberman Condemns Review of Federal Regulations
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December 20 - Governmental Affairs Committee Minority Report:
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December 19 - GAO Report Finds Flaws in OMB’s E-Government Initiatives
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December 17 - Lieberman Clarifies Intelligence-Sharing for New Department of Homeland Security
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December 17 - Lieberman Says E-Gov Bill Serves Homeland Security
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December 12 current Press Release
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December 11 - Lieberman Welcomes Appointment of Two Connecticut Residents to Postal Commission
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December 11 - Lieberman Calls for Greater Planning, Coordination, Communication Between Federal, State and Local Governments
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December 10 - Lieberman Rebukes Bush on Local Homeland Security Money
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December 6 - Most Federal Agencies Tackle Major Management Problems
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December 6 - 9-11 Commissioners Might Have to Publicly Disclose Financial Information
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December 6 - GAO Says Insufficient Use of Personnel Flexibilities Can Significantly Hinder Federal Agencies
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December 6 - Lieberman Seeks Information About Suspicious Letter
Were Proper USPS Procedures Followed?
 

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Committee on Homeland Security and Governmental Affairs
340 Dirksen Senate Office Building
Washington, D.C. 20510