[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 346 Introduced in House (IH)]







104th CONGRESS
  2d Session
H. RES. 346

   Amending the Rules of the House of Representatives respecting the 
     procedures of the Committee on Standards of Official Conduct.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 25, 1996

Mr. Goss submitted the following resolution; which was referred to the 
                           Committee on Rules

_______________________________________________________________________

                               RESOLUTION


 
   Amending the Rules of the House of Representatives respecting the 
     procedures of the Committee on Standards of Official Conduct.

    Resolved, 

SECTION 1. SIZE AND COMPOSITION OF THE COMMITTEE ON STANDARDS OF 
              OFFICIAL CONDUCT.

    Clause 6(a)(2) of rule X of the Rules of the House of 
Representatives is amended to read as follows:
    ``(2)(A) The respective party conference or caucus shall each 
nominate to the House at the beginning of each Congress 5 members to 
serve on the Committee on Standards of Official Conduct. One-half of 
the members of the Committee on Standards of Official Conduct shall be 
from the majority party and one-half shall be from the minority party.
    ``(B) No Member shall serve as a member of the Committee on 
Standards of Official Conduct for more than 2 Congresses (disregarding 
for this purpose any service performed as a member of that committee 
for less than a full session in any Congress). Of the Members nominated 
to serve on that committee in the One Hundred Fifth Congress, 2 
designated by the party conference and 2 designated by the party caucus 
shall only serve on that committee during that Congress.
    ``(C) The senior majority and minority party members of the 
Committee on Standards of Official Conduct shall serve as its chairman 
and ranking minority member.''.

SEC. 2. COMMITTEE PROCEDURE.

    (a) Amendment.--Clause 4(e) of Rule X of the Rules of the House of 
Representatives is amended by adding at the end the following new 
subparagraph:
    ``(3)(A) If a complaint is filed with the Committee on Standards of 
Official Conduct against a Member, officer, or employee of the House, 
the committee shall determine if it is properly filed and, if so, 
whether a preliminary investigation is warranted. No preliminary 
investigation shall occur unless approved by the affirmative vote of a 
majority of the members of the committee. Whenever the committee 
approves a preliminary investigation, the respective party conference 
or caucus shall each hold a random drawing from the names of its 
members (excluding members of the Committee on Standards of Official 
Conduct and any Member deemed by the conference or caucus to be exempt) 
and select 3 members to serve on an investigative panel respecting that 
complaint. If a member of a party conference or caucus has served on 
the Committee on Standards of Official Conduct or an investigative 
panel, the name of that member shall not be included in a drawing until 
all other members of that conference or caucus have served.
    ``(B) The Committee on Standards of Official Conduct shall adopt 
rules providing--
            ``(i) adequate staff and funding for each investigative 
        panel;
            ``(ii) a fixed date for the filing by each panel of a final 
        report to the committee and, if requested by that panel, a vote 
        by the committee to extend the date for filing its final 
        report;
            ``(iii) that if an investigative panel has been formed to 
        consider a complaint against a Member, officer, or employee of 
        the House and a subsequent complaint is filed with the 
        committee before the panel files its final report with the 
committee, then the committee shall, by majority vote, determine 
whether to merge the new complaint with the pending complaint;
            ``(iv) that the proceedings of each investigative panel be 
        held in executive session and that no information or testimony 
        received shall be disclosed by any panel member, staff member, 
        or outside counsel assisting that panel to any Member or other 
        staff member of the committee before the panel files its final 
        report with the committee;
            ``(v) that each investigative panel shall determine if any 
        count in the complaint it has been formed to consider has been 
        proved; and if it determines, by majority vote, that any such 
        count has been proved it shall adopt a statement of alleged 
        violation; and if it determines that no count in the complaint 
        has been proved it shall recommend dismissal of the complaint;
            ``(vi) that, if the committee, by majority vote, determines 
        that the work of the investigative panel has been compromised 
        by outside influence, the full committee may disband the 
        investigative panel and request that a new panel be appointed;
            ``(vii) that upon the completion of an investigation, an 
        investigative panel shall report its findings and 
        recommendations to the committee;
            ``(viii) that the committee shall, by majority vote, 
        determine disposition of the investigative panel's 
        recommendations; and
            ``(ix) that a statement of alleged violation and any 
        written response thereto shall be made public at the first 
        meeting or hearing on the matter which is open to the public 
        after the respondent has been given full opportunity to respond 
        to the statement in accordance with committee rules, but, if no 
        public hearing or meeting is held on the matter, the statement 
        of alleged violation and any written response thereto shall be 
        included in the committee's final report to the House as 
        required by subparagraph (1)(B).
    ``(C)(i) The committee may, at any time, by a majority vote, 
determine that a complaint is frivolous.
    ``(ii) The committee may make such a determination if it deems that 
the complaint has no basis in fact, the alleged violation is of such a 
minor and technical nature that it does not reflect discredit upon the 
House or its Members, the complaint was filed for purely partisan 
reasons and not out of concern for maintaining the ethical standards of 
the House, or the complaint is part of a pattern of abuse and misuse of 
the committee.
    ``(iii) In the case of any complaint deemed frivolous, the 
committee shall determine the costs of its inquiry and report such 
costs to the Committee on House Oversight, the Clerk of the House, and 
the public.
    ``(iv) The committee may, by majority vote, recommend to the House 
that any Member who has filed a frivolous complaint--
            ``(I) repay the costs of the inquiry over a period of 
        greater than 1 year; or
            ``(II) be fined an appropriate amount.''.
    (b) Conforming Amendment.--Clause 4(e)(1)(B) of Rule X of the Rules 
of the House of Representatives is amended by striking ``subject to 
subparagraph (2)'' and inserting ``subject to subparagraphs (2) and 
(3)''.

SEC. 3. EFFECTIVE DATE.

    This resolution and the amendments made by it shall take effect 
immediately prior to noon January 3, 1997. After that date, subsections 
(b), (c), and (d) of section 803 of the Ethics in Government Act of 
1989 shall have no force or effect in the House.
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