[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2797 Introduced in House (IH)]

  1st Session
                                H. R. 2797

To abolish the Committee on Standards of Official Conduct in the House 
      of Representatives, establish an Independent Commission on 
 Congressional Ethics, and provide for the transfer of the duties and 
       functions of the Committee to the Independent Commission.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 15, 1995

 Mr. Volkmer introduced the following bill; which was referred to the 
Committee on Rules, and in addition to the Committee on the Judiciary, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of 
                        the committee concerned

_______________________________________________________________________

                                 A BILL


 
To abolish the Committee on Standards of Official Conduct in the House 
      of Representatives, establish an Independent Commission on 
 Congressional Ethics, and provide for the transfer of the duties and 
       functions of the Committee to the Independent Commission.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Ethics Reform Act of 1995''.

 TITLE I--TERMINATION OF COMMITTEE ON STANDARDS OF OFFICIAL CONDUCT IN 
                      THE HOUSE OF REPRESENTATIVES

SEC. 101. EXERCISE OF CONGRESSIONAL RULEMAKING POWER.

    The provisions of this title amending the Rules of the House of 
Representatives are enacted by Congress--
            (1) as an exercise of the rulemaking power of the House of 
        Representatives and the Senate, respectively, and as such they 
        shall be considered a part of the rules of the House of 
        Representatives and such rules shall supersede other rules only 
        to the extent that they are inconsistent therewith; and
            (2) with full recognition of the constitutional right of 
        the House of Representatives to change such rules at any time 
        in the same manner and to the same extent as in the case of any 
        other rule of such House.

SEC. 102. TERMINATION OF THE COMMITTEE ON STANDARDS OF OFFICIAL 
              CONDUCT.

    (a) Termination.--
            (1) Rules.--Rule X of the Rules of the House of 
        Representatives is amended--
                    (A) in clause 1--
                            (i) by striking paragraph (p); and
                            (ii) by redesignating paragraphs (q), (r), 
                        and (s) as paragraphs (p), (q), and (r), 
                        respectively; and
                    (B) in clause 4--
                            (i) by striking paragraph (e); and
                            (ii) by redesignating paragraphs (f), (g), 
                        (h), and (i) as paragraphs (e), (f), (g), and 
                        (h), respectively.
            (2) Law.--The Ethics Reform Act of 1989 (Public Law 101-
        194) is amended by striking subsections (b), (c), (d), and (i) 
        of section 803 (2 U.S.C. 29d).
    (b) Conforming Amendments.--
            (1) Rules.--
                    (A) Clause 3(e) of rule VI of the Rules of the 
                House of Representatives is amended --
                            (i) by striking ``Committee on Standards of 
                        Official Conduct'' and inserting ``Independent 
                        Commission on Congressional Ethics''; and
                            (ii) by striking ``clause 4(e)(1)(C) of 
                        rule X'' and inserting ``section 203(3) the 
                        Ethics Reform Act of 1995''.
                    (B) Clause 1(m)(1) of rule X of such Rules is 
                amended by striking ``(other than rules or joint rules 
                relating to the Code of Official Conduct)''.
                    (C) Clause 6(a) of rule X of such Rules is 
                amended--
                            (i) by striking subparagraph (2); and
                            (ii) by striking ``(1)''.
                    (D) Clause 2(e)(2) of rule XI of such Rules is 
                amended by striking ``, except that in the case of 
                records in the Committee on Standards of Official 
                Conduct'' and all that follows through ``prior approval 
                of the committee''.
                    (E) Clause 2(g)(2) of rule XI of such Rules is 
                amended by striking ``, with the exception of the 
                Committee on Standards of Official Conduct,''.
                    (F) Clause 2(i)(1) of rule XI of such Rules is 
                amended by striking ``the Committee on Standards of 
                Official Conduct,''.
                    (G) Clause 4(a) of rule XI of such Rules is 
                amended--
                            (i) by striking ``and the Committee on 
                        Standards of Official Conduct'' and all that 
                        follows;
                            (ii) by inserting ``and'' before ``the 
                        Committee on Rules''; and
                            (iii) by striking the semicolon after 
                        ``order of business'' and inserting a period.
                    (H) Clause 6(a)(2) of rule XI of such Rules is 
                amended by striking ``the Committee on Standards of 
                Official Conduct and''.
                    (I) Clause 7(d) of rule XIII is amended--
                            (i) by striking ``and the Committee on 
                        Standards of Official Conduct,''; and
                            (ii) by inserting ``and'' before ``the 
                        Committee on Rules''.
                    (J) Clause 1 of rule XXXII of such Rules is amended 
                by striking ``Committee on Standards of Official 
                Conduct'' and inserting ``Independent Commission on 
                Congressional Ethics''.
                    (K) Clause 4 of rule XLIII of such Rules is amended 
                by striking ``Committee on Standards of Official 
                Conduct pursuant to clause 4(e)(1)(E) of rule X'' and 
                inserting ``Committee on Rules''.
                    (L) Clause 12(b) of rule XLIII of such Rules is 
                amended by striking ``Committee on Standards of 
                Official Conduct'' and inserting ``Independent 
                Commission on Congressional Ethics''.
                    (M) Clause (1) of rule XLIV of such Rules is 
                amended by striking ``Committee on Standards of 
                Official Conduct'' and inserting ``Independent 
                Commission on Congressional Ethics''.
                    (N) Clause 2(5) of rule XLVII of such Rules is 
                amended by striking ``Committee on Standards of 
                Official Conduct'' and inserting ``Independent 
                Commission on Congressional Ethics''.
                    (O) Clause 5 of rule XLVIII of such Rules is 
                amended by striking ``of the Committee on Standards of 
                Official Conduct and''.
                    (P) Clause 7(d) of rule XLVIII of such Rules is 
                amended by striking ``Committee on Standards of 
                Official Conduct'' and inserting ``Independent 
                Commission on Congressional Ethics''.
                    (Q) Clause 7(e) of rule XLVIII of such Rules is 
                amended by striking ``Committee on Standards of 
                Official Conduct'' and inserting ``Independent 
                Commission on Congressional Ethics''.
                    (R) Clause 13 of rule LI of such Rules is amended 
                by striking ``and the Rules of the House Committee on 
                Standards of Official Conduct''.
            (2) Law.--The following provisions are each amended by 
        striking ``the Committee on Standards of Official Conduct of 
        the House of Representatives'' and inserting ``the Independent 
        Commission on Congressional Ethics'':
                    (A) Section 5(e) of Public Law 93-191 (2 U.S.C. 
                501(e)).
                    (B) Section 7342(a)(6)(A) of title 5, United States 
                Code.
                    (C) Section 7353(d)(1) of title 5, United States 
                Code.
                    (D) Section 103(j)(1) of the Ethics in Government 
                Act of 1978 (5 U.S.C. App.).
                    (E) Section 109(1) of the Ethics in Government Act 
                of 1978 (5 U.S.C. App.).
                    (F) Section 109(18)(B) of the Ethics in Government 
                Act of 1978 (5 U.S.C. App.).
                    (G) Section 111(2) of the Ethics in Government Act 
                of 1978 (5 U.S.C. App.).
                    (H) Section 503(1)(A) of the Ethics in Government 
                Act of 1978 (5 U.S.C. App.).

SEC. 103. REFERENCE TO COMMITTEE ON STANDARDS OF OFFICIAL CONDUCT.

    Any reference in a law, regulation, document, paper, or other 
record of the United States to the ``Committee on Standards of Official 
Conduct of the House of Representatives'' shall be deemed to be a 
reference to the ``Independent Commission on Congressional Ethics''.

SEC. 104. TRANSITION PROVISIONS.

    In the case of investigations pending before the Committee on 
Standards of Official Conduct on the day before the date of the 
enactment of this Act, the proceedings shall be continued by the 
Independent Commission on Congressional Ethics.

                 TITLE II--ESTABLISHMENT OF COMMISSION

SEC. 201. ESTABLISHMENT OF COMMISSION.

    There is established an independent commission within the 
legislative branch of the Federal Government to be known as the 
Independent Commission on Congressional Ethics (in this title referred 
to as the ``Commission'').

SEC. 202. MEMBERSHIP OF COMMISSION.

    (a) Number and Appointment.--The Commission shall be composed of 
five retired or senior Federal judges as follows:
            (1) Two individuals appointed by the Speaker of the House 
        of Representatives.
            (2) Two individuals appointed by the Minority Leader of the 
        House of Representatives.
            (3) One individual appointed by the individuals appointed 
        under paragraphs (1) and (2).
    (b) Terms.--The term of office for a member of the Commission shall 
be four years. A member shall be eligible for two terms of office.
    (c) Vacancies.--A vacancy in the Commission shall be filled in the 
manner in which the original appointment was made.
    (d) Removal.--Any member of the Commission may be removed from 
office by a majority decision of the appointing authorities described 
in subsection (a), but only for--
            (1) disability that substantially prevents the member from 
        carrying out the duties of the member;
            (2) incompetence;
            (3) neglect of duty; or
            (4) malfeasance, including a felony or conduct involving 
        moral turpitude.
    (e) Compensation.--
            (1) Rate of pay.--Except as provided in paragraph (2), each 
        member of the Commission shall serve without pay or benefits.
            (2) Travel expenses.--Each member of the Commission may 
        receive travel expenses, including per diem in lieu of 
        subsistence, in accordance with sections 5702 and 5703 of title 
        5, United States Code.
    (f) Quorum.--A majority of the members of the Commission shall 
constitute a quorum.
    (g) Chairperson.--
            (1) Election.--The Commission shall elect a Chairperson of 
        the Commission from among its members at its first meeting.
            (2) Term.--The term of the Chairperson shall be two years.
    (h) Meetings.--
            (1) In general.--The Commission shall meet at the call of 
        the Chairperson or a majority of its members.
            (2) Initial meeting.--The Commission shall hold its initial 
        meeting not later than 60 days after the date on which 
        appointments are completed.

SEC. 203. DUTIES OF COMMISSION.

    The Commission is authorized--
            (1) to recommend to the House of Representatives, from time 
        to time, such administrative actions as it may deem appropriate 
        to establish or enforce standards of official conduct for 
        Members, officers, and employees of the House of 
        Representatives;
            (2) to investigate any alleged violation, by a Member, 
        officer, or employee of the House of Representatives, of any 
        law, rule, regulation, or other standard of conduct applicable 
        to the conduct of such Member, officer, or employee in the 
        performance of his duties or the discharge of his 
        responsibilities, and after notice and hearing (unless the 
        right to a hearing is waived by the Member, officer, or 
        employee), shall report to the House of Representatives its 
        findings of fact and recommendations, if any, upon the final 
        disposition of any such investigation, and such action as the 
        Commission may deem appropriate in the circumstances;
            (3) to report to the appropriate Federal or State 
        authorities, with the approval of the House of Representatives, 
        any substantial evidence of a violation, by a Member, officer, 
        or employee of the House of Representatives, of any law 
        applicable to the performance of his duties or the discharge of 
        his responsibilities, which may have been disclosed in a 
        Commission investigation;
            (4) to give consideration to the request of any Member, 
        officer, or employee of the House of Representatives for an 
        advisory opinion with respect to the general propriety of any 
        current or proposed conduct of such Member, officer, or 
        employee and, with appropriate deletions to assure the privacy 
        of the individual concerned, to publish such opinion for the 
        guidance of other Members, officers, and employees of the House 
        of Representatives; and
            (5) to provide information and guidance to Members, 
        officers and employees of the House of Representatives 
        regarding any laws, rules, regulations, and other standards of 
        conduct applicable to such individuals in their official 
        capacities, and develop and carry out periodic educational 
        briefings for Members, officers, and employees of the House of 
        Representatives on those laws, rules, regulations, or other 
        standards.

SEC. 204. PROCEDURAL RULES.

    (a) Majority Approval.--No resolution, report, recommendation, or 
advisory opinion relating to the official conduct of a Member, officer, 
or employee of the House shall be made by the Commission, and no 
investigation of such conduct shall be undertaken by the Commission, 
unless approved by the affirmative vote of a majority of the members of 
the Commission.
    (b) Investigations.--Except in the case of an investigation 
undertaken by the Commission on its own initiative, the Commission may 
undertake an investigation relating to the official conduct of an 
individual Member, officer, or employee of the House of Representatives 
only--
            (i) upon receipt of a complaint, in writing and under oath, 
        made by or submitted to a Member of the House of 
        Representatives and transmitted to the Commission by such 
        Member, or
            (ii) upon receipt of a complaint, in writing and under 
        oath, directly from an individual not a Member of the House of 
        Representatives if the Commission finds that such complaint has 
        been submitted by such individual to not less than three 
        Members of the House who have refused, in writing, to transmit 
        such complaint to the Commission.
    (c) Prohibition of Certain Investigations.--No investigation shall 
be undertaken by the Commission of any alleged violation of a law, 
rule, regulation, or standard of conduct not in effect at the time of 
the alleged violation; nor shall any investigation be undertaken by the 
Commission of any alleged violation which occurred before the third 
previous Congress unless the Commission determines that the alleged 
violation is directly related to any alleged violation which occurred 
in a more recent Congress.
    (d) Disclosure.--No information or testimony received, or the 
contents of a complaint or the fact of its filing, shall be publicly 
disclosed by any member of the Commission or staff of the Commission 
unless specifically authorized in each instance by a vote of the full 
Commission.

SEC. 205. STAFF OF COMMISSION.

    (a) Staff.--The Commission may appoint and fix the compensation of 
such staff as the Commission considers necessary to perform its duties.
    (b) Detailed Personnel.--The Commission may, with the prior consent 
of the department or agency of the Federal Government concerned, use on 
a reimbursable or nonreimbursable basis the services of personnel of 
any such department or agency, including the services of members or 
personnel of the General Accounting Office Personnel Appeals Board.
    (c) Consultants.--In carrying out the functions of the Commission, 
the Commission may procure the temporary (not to exceed one year) or 
intermittent services of consultants.

 TITLE III--DISCHARGE OF COMMISSION REPORT FROM COMMITTEE ON RULES IN 
                      THE HOUSE OF REPRESENTATIVES

SEC. 301. DISCHARGE OF COMMITTEE.

    (1) If the Rules Committee in the House of Representatives to which 
the report has been referred has not reported it at the end of 30 
legislative days after the introduction, it is in order to move either 
to discharge the committee from further consideration of the report or 
to discharge the committee from further consideration of any other 
resolution introduced with respect to the same matter, except that a 
motion to discharge--
            (A) may only be made on the second legislative day after 
        the calendar day on which the Member making the motion 
        announces to the House his intention to do so; and
            (B) is not in order after the Committee has reported a 
        resolution with respect to the same matter.
    (2) A motion to discharge under paragraph (1) may be made only by 
an individual favoring the resolution, and is highly privileged in the 
House; and debate thereon shall be limited to not more than 1 hour, the 
time to be divided in the House equally between those favoring and 
those opposing the resolution. An amendment to the motion is not in 
order, and it is not in order to move to reconsider the vote by which 
the motion is agreed to or disagreed to.

SEC. 302. FLOOR CONSIDERATION IN THE HOUSE OF REPRESENTATIVES.

    (1) A motion in the House of Representatives to proceed to the 
consideration of the resolution shall be highly privileged and not 
debatable. An amendment to the motion shall not be in order, nor shall 
it be in order to move to reconsider the vote by which the motion is 
agreed to or disagreed to.
    (2) Debate in the House of Representatives on a resolution shall be 
limited to not more than 6 hours, which shall be divided equally 
between those favoring the resolution and those opposing the 
resolution. A further motion to limit debate shall not be debatable. No 
amendment to, or motion to recommit, the resolution shall be in order. 
It shall not be in order to move to reconsider the vote by which a 
resolution is agreed to or disagreed to.
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