[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 957 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 957

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 5, 1997

 Mr. Shays (for himself and Mr. McHale) introduced the following bill; 
              which was referred to the Committee on Rules

_______________________________________________________________________

                                 A BILL


 
To abolish the Committee on Standards of Official Conduct in the House 
   of Representatives, establish an Independent Commission on House 
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 1997''.

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

SEC. 101. 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 House Ethics''; and
                            (ii) by striking ``clause 4(e)(1)(C) of 
                        rule X'' and inserting ``section 203(3) the 
                        Ethics Reform Act of 1997''.
                    (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 
                House Ethics''.
                    (K) Clause 12(b) of rule XLIII of such Rules is 
                amended by striking ``Committee on Standards of 
                Official Conduct'' and inserting ``Independent 
                Commission on House Ethics''.
                    (L) Clause (1) of rule XLIV of such Rules is 
                amended by striking ``Committee on Standards of 
                Official Conduct'' and inserting ``Independent 
                Commission on House Ethics''.
                    (M) Clauses 2(5) and 3(2) of rule XLVII of such 
                Rules are amended by striking ``Committee on Standards 
                of Official Conduct'' and inserting ``Independent 
                Commission on House Ethics''.
                    (N) Clause 5 of rule XLVIII of such Rules is 
                amended by striking ``of the Committee on Standards of 
                Official Conduct and''.
                    (O) Clause 7(d) of rule XLVIII of such Rules is 
                amended by striking ``Committee on Standards of 
                Official Conduct'' and inserting ``Independent 
                Commission on House Ethics''.
                    (P) Clause 7(e) of rule XLVIII of such Rules is 
                amended by striking ``Committee on Standards of 
                Official Conduct'' and inserting ``Independent 
                Commission on House Ethics''.
                    (Q) Clauses 1(c)(5) and (20), 1(e), 2(d)(1), and 6 
                of rule LI are amended by striking ``Committee on 
                Standards of Official Conduct'' and inserting 
                ``Independent Commission on House Ethics''.
            (2) Law.--The following provisions are each amended by 
        striking ``Committee on Standards of Official Conduct'' and 
        inserting ``Independent Commission on House 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.).
                    (I) Sections 416(e) and 503 of the Congressional 
                Accountability Act of 1995 (2 U.S.C. 1416(e) and 1433).
                    (J) Section 803 of the Ethics Reform Act of 1989 (2 
                U.S.C 29d).

SEC. 102. 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 House Ethics''.

                 TITLE II--ESTABLISHMENT OF COMMISSION

SEC. 201. ESTABLISHMENT AND MEMBERSHIP OF COMMISSION.

    (a) Establishment.--There is established an independent commission 
within the legislative branch of the Government to be known as the 
Independent Commission on House Ethics (in this title referred to as 
the ``Commission'').
    (b) Membership.--The Commission shall consist of 7 individuals 
appointed jointly by the Speaker and the minority leader of the House 
of Representatives. Appointments of the members of the Commission shall 
be completed not later than 90 days after the date of the enactment of 
this Act.
    (c) Chair.--The Chair shall be appointed from members of the 
Commission jointly by the Speaker and the minority leader of the House 
of Representatives.
    (d) Qualifications.--
            (1) Specific qualifications.--Selection and appointment of 
        members shall be without regard to political affiliation and 
        solely on the basis of fitness to perform the duties of the 
        office.
            (2) Disqualifications for appointments.--
                    (A) Lobbying.--No individual who engages in, or is 
                otherwise employed in, lobbying of the Congress and who 
                is required under the Federal Regulation of Lobbying 
                Act to register with the Clerk of the House of 
                Representatives or the Secretary of the Senate shall be 
                eligible for appointment to, or service on, the 
                Commission.
                    (B) Incompatible office.--No member of the 
                Commission appointed under subsection (b) may hold or 
                have held within 8 years of the date of appointment the 
                position of Member of the House of Representatives, 
                Senator, or officer or employee of the House of 
                Representatives, Senate, or instrumentality or other 
                entity of the legislative branch.
            (3) Vacancies.--A vacancy on the Commission shall be filled 
        in the manner in which the original appointment was made.
    (e) Term of Office.--
            (1) In general.--Except as provided in paragraph (2), 
        membership on the Commission shall be for 3 Congresses. A 
        member of the Commission who is appointed to a term of office 
        shall only be eligible for appointment for a single term of 
        office.
            (2) First appointments.--Of the members first appointed to 
        the Commission--
                    (A) 3 shall have a term of office of 3 Congresses, 
                1 of whom shall be the Chair, as designated at the time 
                of appointment by the persons specified in subsection 
                (b),
                    (B) 2 shall have a term of office of 2 Congresses, 
                and
                    (C) 2 shall have a term of office of 1 Congress.
    (f) Removal.--
            (1) Authority.--Any member of the Commission may be removed 
        from office by agreement of the appointing authorities 
        described in subsection (b), but only for--
                    (A) disability that substantially prevents the 
                member from carrying out the duties of the member,
                    (B) incompetence,
                    (C) neglect of duty,
                    (D) malfeasance, including a felony or conduct 
                involving moral turpitude, or
                    (E) holding an office or employment or engaging in 
                an activity that disqualifies the individual from 
                service as a member of the Commission under subsection 
                (d)(2).
            (2) Statement of reasons for removal.--In removing a member 
        of the Commission, the Speaker and the minority leader of the 
        House of Representatives shall state in writing to the member 
        of the Commission being removed the specific reasons for the 
        removal.
            (3) Vacancies.--A vacancy on the Commission shall be filled 
        in the manner in which the original appointment was made.
    (g) Compensation.--Members of the Commission shall each be paid at 
a rate equal to the rate of basic pay for level IV of the Executive 
Schedule.
    (h) Quorum.--A majority of the members of the Commission shall 
constitute a quorum.
    (i) 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. 202. 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. 203. 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--
            (1) 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
            (2) 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. 204. STAFF OF COMMISSION.

    The Commission may appoint and fix the compensation of such staff 
as the Commission considers necessary to perform its duties.

SEC. 205. ADVICE AND EDUCATION.

    (a) Establishment.--The Independent Commission on House Ethics 
shall establish within the Commission an Office on Advice and Education 
(hereinafter in this section referred to as the ``Office'') under the 
supervision of the chairman of the Commission.
    (b) Staff.--The Office shall be headed by a director who shall be 
appointed by the chairman and shall be comprised of such staff as the 
chairman determines is necessary to carry out the responsibilities of 
the Office.
    (c) Duties and Responsibilities.--The primary duties and 
responsibilities of the Office shall include:
            (1) Providing information and guidance to Members, officers 
        and employees of the House regarding any laws, rules, 
        regulations, and other standards of conduct applicable to such 
        individuals in their official capacities, and any 
        interpretations and advisory opinions of the Commission.
            (2) Submitting to the chairman of the Commission any 
        written request from any such Member, officer or employee for 
        an interpretation of applicable laws, rules, regulations, or 
other standards of conduct, together with any recommendations thereon.
            (3) Recommending to the Commission for its consideration 
        formal advisory opinions of general applicability.
            (4) Developing and carrying out, subject to the approval of 
        the chairman, periodic educational briefings for Members, 
        officers and employees of the House on those laws, rules, 
        regulations, or other standards of conduct applicable to them.
    (d) Special Rule.--No information provided to the Commission by a 
Member, officer or employee of the House of Representatives when 
seeking advice regarding prospective conduct of such Member, officer or 
employee may be used as the basis for initiating an investigation under 
clause 4(e)(1)(B) of rule X of the Rules of the House of 
Representatives, if such Member, officer or employee acts in accordance 
with the written advice of the Commission.

                     TITLE III--GENERAL PROVISIONS

SEC. 301. 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 House Ethics.

SEC. 302. ACTION ON ETHICS COMMISSION RECOMMENDATIONS.

    (a) Printing of Reports in Congressional Record.--Upon the receipt 
by the House of Representatives of any report of the Independent 
Commission on House Ethics made to the House of Representatives under 
section 202(2), the Speaker shall have the report printed in the 
Congressional Record.
    (b) House Consideration of Ethics Commission Recommendations.--
Within 30 calendar days after a report referred to in subsection (a) is 
printed in the Congressional Record, that portion of the report 
recommending action by the House of Representatives respecting 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 shall be introduced (by request) in the House by the 
majority leader of the House, for himself and the minority leader of 
the House in the form of a resolution. This resolution shall constitute 
a question of privilege under rule IX of the Rules of the House of 
Representatives. Any Member favoring the resolution may call it up as a 
question of privilege but only on the third day after the calendar date 
upon which such Member announces to the House his intention to do so.

SEC. 303. EXERCISE OF CONGRESSIONAL RULEMAKING POWER.

    The provisions of title I amending the Rules of the House of 
Representatives and sections 301 and 302 are enacted by Congress--
            (1) as an exercise of the rulemaking power of the House of 
        Representatives, 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.
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