[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 168 Engrossed in House (EH)]


                 In the House of Representatives, U.S.,

                                                    September 18, 1997.
    Resolved,

SECTION 1. USE OF NON-COMMITTEE MEMBERS.

    (a) Rules Amendment.--Clause 6(a) of rule X of the Rules of the House of 
Representatives is amended by adding at the end the following new subparagraph:
    ``(3)(A) At the beginning of each Congress--
            ``(i) the Speaker (or his designee) shall designate a list of 10 
        Members from the majority party; and
            ``(ii) the minority leader (or his designee) shall designate a list 
        of 10 Members from the minority party;
who are not members of the Committee on Standards of Official Conduct and who 
may be assigned to serve as a member of an investigative subcommittee of that 
committee during that Congress. Members so chosen shall be announced to the 
House.
    ``(B) Whenever the chairman and ranking minority member of the Committee on 
Standards of Official Conduct jointly determine that Members designated under 
subdivision (A) should be assigned to serve on an investigative subcommittee of 
that committee, they shall each select the same number of Members of his 
respective party from the list to serve on that subcommittee.''.
    (b) Conforming Rules Amendment.--Clause 6(b)(2)(A) of rule X of the Rules of 
the House of Representatives is amended by inserting after the first sentence 
the following new sentence: ``Service on an investigative subcommittee of the 
Committee on Standards of Official Conduct pursuant to paragraph (a)(3) shall 
not be counted against the limitation on subcommittee service.''.

SEC. 2. DURATION OF SERVICE ON THE COMMITTEE ON STANDARDS OF OFFICIAL CONDUCT.

    The second sentence of clause 6(a)(2) of rule X of the Rules of the House of 
Representatives is amended to read as follows: ``No Member shall serve as a 
member of the Committee on Standards of Official Conduct for more than two 
Congresses in any period of three successive Congresses (disregarding for this 
purpose any service performed as a member of such committee for less than a full 
session in any Congress), except that a Member having served on the committee 
for two Congresses shall be eligible for election to the committee as chairman 
or ranking minority member for one additional Congress. Not less than two 
Members from each party shall rotate off the committee at the end of each 
Congress.''.

SEC. 3. COMMITTEE AGENDAS.

    The Committee on Standards of Official Conduct shall adopt rules providing 
that the chairman shall establish the agenda for meetings of the committee, but 
shall not preclude the ranking minority member from placing any item on the 
agenda.

SEC. 4. COMMITTEE STAFF.

    (a) Committee Rules.--The Committee on Standards of Official Conduct shall 
adopt rules providing that:
            (1)(A) The staff is to be assembled and retained as a professional, 
        nonpartisan staff.
            (B) Each member of the staff shall be professional and demonstrably 
        qualified for the position for which he is hired.
            (C) The staff as a whole and each member of the staff shall perform 
        all official duties in a nonpartisan manner.
            (D) No member of the staff shall engage in any partisan political 
        activity directly affecting any congressional or presidential election.
            (E) No member of the staff or outside counsel may accept public 
        speaking engagements or write for publication on any subject that is in 
        any way related to his or her employment or duties with the committee 
        without specific prior approval from the chairman and ranking minority 
        member.
            (F) No member of the staff or outside counsel may make public, 
        unless approved by an affirmative vote of a majority of the members of 
        the committee, any information, document, or other material that is 
        confidential, derived from executive session, or classified and that is 
        obtained during the course of employment with the committee.
            (2)(A) All staff members shall be appointed by an affirmative vote 
        of a majority of the members of the committee. Such vote shall occur at 
        the first meeting of the membership of the committee during each 
        Congress and as necessary during the Congress.
            (B) Subject to the approval of Committee on House Oversight, the 
        committee may retain counsel not employed by the House of 
        Representatives whenever the committee determines, by an affirmative 
        vote of a majority of the members of the committee, that the retention 
        of outside counsel is necessary and appropriate.
            (C) If the committee determines that it is necessary to retain staff 
        members for the purpose of a particular investigation or other 
        proceeding, then such staff shall be retained only for the duration of 
        that particular investigation or proceeding.
            (3) Outside counsel may be dismissed prior to the end of a contract 
        between the committee and such counsel only by an affirmative vote of a 
        majority of the members of the committee.
            (4) Only subparagraphs (C), (E), and (F) of paragraph (1) shall 
        apply to shared staff.
    (b) Additional Committee Staff.--In addition to any other staff provided for 
by law, rule, or other authority, with respect to the Committee on Standards of 
Official Conduct, the chairman and ranking minority member each may appoint one 
individual as a shared staff member from his or her personal staff to perform 
service for the committee. Such shared staff may assist the chairman or ranking 
minority member on any subcommittee on which he serves.

SEC. 5. MEETINGS AND HEARINGS.

    (a) House Rules.--(1) Clause 4(e)(3) of rule X of the Rules of the House of 
Representatives is amended to read as follows:
    ``(3)(A) Notwithstanding clause 2(g)(1) of rule XI, each meeting of the 
Committee on Standards of Official Conduct or any subcommittee thereof shall 
occur in executive session, unless the committee or subcommittee by an 
affirmative vote of a majority of its members opens the meeting to the public.
    ``(B) Notwithstanding clause 2(g)(2) of rule XI, hearings of an adjudicatory 
subcommittee or sanction hearings held by the Committee on Standards of Official 
Conduct shall be held in open session unless the subcommittee or committee, in 
open session by an affirmative vote of a majority of its members, closes all or 
part of the remainder of the hearing on that day to the public.''.
    (2)(A) The first sentence of clause 2(g)(1) of rule XI of the Rules of the 
House of Representatives is amended by inserting ``(except the Committee on 
Standards of Official Conduct)'' after ``thereof''.
    (B) The first sentence of clause 2(g)(2) of rule XI of the Rules of the 
House of Representatives is amended by inserting ``(except the Committee on 
Standards of Official Conduct)'' after ``thereof''.
    (b) Committee Rules.--The Committee on Standards of Official Conduct shall 
adopt rules providing that--
            (1) all meetings of the committee or any subcommittee thereof shall 
        occur in executive session unless the committee or subcommittee by an 
        affirmative vote of a majority of its members opens the meeting or 
        hearing to the public; and
            (2) any hearing held by an adjudicatory subcommittee or any sanction 
        hearing held by the committee shall be open to the public unless the 
        committee or subcommittee by an affirmative vote of a majority of its 
        members closes the hearing to the public.

SEC. 6. CONFIDENTIALITY OATHS.

    Clause 4(e) of rule X of the Rules of the House of Representatives is 
amended by adding at the end the following:
    ``(4) Before any member, officer, or employee of the Committee on Standards 
of Official Conduct, including members of any subcommittee of the committee 
selected pursuant to clause 6(a)(3) and shared staff, may have access to 
information that is confidential under the rules of the committee, the following 
oath (or affirmation) shall be executed:
        `I do solemnly swear (or affirm) that I will not disclose, to any person 
        or entity outside the Committee on Standards of Official Conduct, any 
        information received in the course of my service with the committee, 
        except as authorized by the committee or in accordance with its rules.'
Copies of the executed oath shall be retained by the Clerk of the House as part 
of the records of the House. This subparagraph establishes a standard of conduct 
within the meaning of subparagraph (1)(B). Breaches of confidentiality shall be 
investigated by the Committee on Standards of Official Conduct and appropriate 
action shall be taken.''.

SEC. 7. PUBLIC DISCLOSURE.

    The Committee on Standards of Official Conduct shall adopt rules providing 
that, unless otherwise determined by a vote of the committee, only the chairman 
or ranking minority member, after consultation with each other, may make public 
statements regarding matters before the committee or any subcommittee thereof.

SEC. 8. CONFIDENTIALITY OF COMMITTEE VOTES.

    (a) Records.--The last sentence in clause 2(e)(1) of rule XI of the Rules of 
the House of Representatives is amended by adding before the period at the end 
the following: ``, except that in the case of rollcall votes in the Committee on 
Standards of Official Conduct taken in executive session, the result of any such 
vote shall not be made available for inspection by the public without an 
affirmative vote of a majority of the members of the committee''.
    (b) Reports.--Clause 2(l)(2)(B) of rule XI of the Rules of the House of 
Representatives is amended by adding at the end the following new sentence: 
``The preceding sentence shall not apply to votes taken in executive session by 
the Committee on Standards of Official Conduct.''.

SEC. 9. FILINGS BY NON-MEMBERS OF INFORMATION OFFERED AS A COMPLAINT.

    (a) Filings Sponsored by Members.--Clause 4(e)(2)(B) of rule X of the Rules 
of the House of Representatives is amended by striking ``or submitted to'', by 
striking ``a complaint'' and inserting ``information offered as a complaint'', 
and by amending clause (ii) to read as follows:
            ``(ii) upon receipt of information offered as a complaint, in 
        writing and under oath, from an individual not a Member of the House 
        provided that a Member of the House certifies in writing to the 
        committee that he or she believes the information is submitted in good 
        faith and warrants the review and consideration of the committee.

SEC. 10. REQUIREMENTS TO CONSTITUTE A COMPLAINT.

    The Committee on Standards of Official Conduct shall amend its rules 
regarding complaints to provide that whenever information offered as a complaint 
is submitted to the committee, the chairman and ranking minority member shall 
have 14 calendar days or 5 legislative days, whichever occurs first, to 
determine whether the information meets the requirements of the committee's 
rules for what constitutes a complaint.

SEC. 11. DUTIES OF CHAIRMAN AND RANKING MINORITY MEMBER REGARDING PROPERLY FILED 
              COMPLAINTS.

    (a) Committee Rules.--The Committee on Standards of Official Conduct shall 
adopt rules providing that whenever the chairman and ranking minority member 
jointly determine that information submitted to the committee meets the 
requirements of the committee's rules for what constitutes a complaint, they 
shall have 45 calendar days or 5 legislative days, whichever is later, after the 
date that the chairman and ranking minority member determine that information 
filed meets the requirements of the committee's rules for what constitutes a 
complaint, unless the committee by an affirmative vote of a majority of its 
members votes otherwise, to--
            (1) recommend to the committee that it dispose of the complaint, or 
        any portion thereof, in any manner that does not require action by the 
        House, which may include dismissal of the complaint or resolution of the 
        complaint by a letter to the Member, officer, or employee of the House 
        against whom the complaint is made;
            (2) establish an investigative subcommittee; or
            (3) request that the committee extend the applicable 45-calendar day 
        or 5-legislative day period by one additional 45-calendar day period 
        when they determine more time is necessary in order to make a 
        recommendation under paragraph (1).
    (b) House Rules.--Clause 4(e)(2)(A) of rule X of the Rules of the House of 
Representatives is amended by inserting ``(i)'' after ``(A)'', by striking ``and 
no'' and inserting ``and, except as provided by subdivision (ii), no'', and by 
adding at the end the following:
    ``(ii)(I) Upon the receipt of information offered as a complaint that is in 
compliance with this rule and the committee rules, the chairman and ranking 
minority member may jointly appoint members to serve as an investigative 
subcommittee.
    ``(II) The chairman and ranking minority member of the committee may jointly 
gather additional information concerning alleged conduct which is the basis of a 
complaint or of information offered as a complaint until they have established 
an investigative subcommittee or the chairman or ranking minority member has 
placed on the committee agenda the issue of whether to establish an 
investigative subcommittee.''.
    (c) Disposition of Properly Filed Complaints by Chairman and Ranking 
Minority Member if no Action Taken by Them Within Prescribed Time Limit.--The 
Committee on Standards of Official Conduct shall adopt rules providing that if 
the chairman and ranking minority member jointly determine that information 
submitted to the committee meets the requirements of the committee rules for 
what constitutes a complaint, and the complaint is not disposed of within the 
applicable time periods under subsection (a), then they shall establish an 
investigative subcommittee and forward the complaint, or any portion thereof, to 
that subcommittee for its consideration. However, if, at any time during those 
periods, either the chairman or ranking minority member places on the agenda the 
issue of whether to establish an investigative subcommittee, then an 
investigative subcommittee may be established only by an affirmative vote of a 
majority of the members of the committee.
    (d) House Rules.--Clause 4(e)(2)(B) of rule X of the Rules of the House of 
Representatives is amended by adding at the end the following new sentences:
``If a complaint is not disposed of within the applicable time periods set forth 
in the rules of the Committee on Standards of Official Conduct, then the 
chairman and ranking minority member shall jointly establish an investigative 
subcommittee and forward the complaint, or any portion thereof, to that 
subcommittee for its consideration. However, if, at any time during those 
periods, either the chairman or ranking minority member places on the agenda the 
issue of whether to establish an investigative subcommittee,then an 
investigative subcommittee may be established only by an affirmative vote of a 
majority of the members of the committee.''.

SEC. 12. DUTIES OF CHAIRMAN AND RANKING MINORITY MEMBER REGARDING INFORMATION 
              NOT CONSTITUTING A COMPLAINT.

    The Committee on Standards of Official Conduct shall adopt rules providing 
that whenever the chairman and ranking minority member jointly determine that 
information submitted to the committee does not meet the requirements for what 
constitutes a complaint set forth in the committee rules, they may--
            (1) return the information to the complainant with a statement that 
        it fails to meet the requirements for what constitutes a complaint set 
        forth in the committee's rules; or
            (2) recommend to the committee that it authorize the establishment 
        of an investigative subcommittee.

SEC. 13. INVESTIGATIVE AND ADJUDICATORY SUBCOMMITTEES.

    The Committee on Standards of Official Conduct shall adopt rules providing 
that--
            (1)(A) investigative subcommittees shall be comprised of 4 Members 
        (with equal representation from the majority and minority parties) 
        whenever such subcommittee is established pursuant to the rules of the 
        committee; and
            (B) adjudicatory subcommittees shall be comprised of the members of 
        the committee who did not serve on the investigative subcommittee (with 
        equal representation from the majority and minority parties) whenever 
        such subcommittee is established pursuant to the rules of the committee;
            (2) at the time of appointment, the chairman shall designate one 
        member of the subcommittee to serve as chairman and the ranking minority 
        member shall designate one member of the subcommittee to serve as the 
        ranking minority member of the investigative subcommittee or 
        adjudicatory subcommittee; and
            (3) the chairman and ranking minority member of the committee may 
        serve as members of an investigative subcommittee, but may not serve as 
        non-voting, ex officio members.

SEC. 14. STANDARD OF PROOF FOR ADOPTION OF STATEMENT OF ALLEGED VIOLATION.

    The Committee on Standards of Official Conduct shall amend its rules to 
provide that an investigative subcommittee may adopt a statement of alleged 
violation only if it determines by an affirmative vote of a majority of the 
members of the committee that there is substantial reason to believe that a 
violation of the Code of Official Conduct, or of a law, rule, regulation, or 
other standard of conduct applicable to the performance of official duties or 
the discharge of official responsibilities by a Member, officer, or employee of 
the House of Representatives has occurred.

SEC. 15. SUBCOMMITTEE POWERS.

    (a) Subpoena Power.--
            (1) House rules.--Clause 2(m)(2)(A) of rule XI of the Rules of the 
        House of Representatives is amended in the first sentence by inserting 
        before the period the following: ``, except in the case of a 
        subcommittee of the Committee on Standards of Official Conduct, a 
        subpoena may be authorized and issued only when authorized by an 
        affirmative vote of a majority of its members''.
            (2) Committee rules.--The Committee on Standards of Official Conduct 
        shall adopt rules providing that an investigative subcommittee or an 
        adjudicatory subcommittee may authorize and issue subpoenas only when 
        authorized by an affirmative vote of a majority of the members of the 
        subcommittee.
    (b) Expansion of Scope of Investigations.--The Committee on Standards of 
Official Conduct shall adopt rules providing that an investigative subcommittee 
may, upon an affirmative vote of a majority of its members, expand the scope of 
its investigation when approved by an affirmative vote of a majority of the 
members of the committee.
    (c) Amendments of Statements of Alleged Violation.--The Committee on 
Standards of Official Conduct shall adopt rules to provide that--
            (1) an investigative subcommittee may, upon an affirmative vote of a 
        majority of its members, amend its statement of alleged violation 
        anytime before the statement of alleged violation is transmitted to the 
        committee; and
            (2) if an investigative subcommittee amends its statement of alleged 
        violation, the respondent shall be notified in writing and shall have 30 
        calendar days from the date of that notification to file an answer to 
        the amended statement of alleged violation.

SEC. 16. DUE PROCESS RIGHTS OF RESPONDENTS.

    The Committee on Standards of Official Conduct shall amend its rules to 
provide that--
            (1) not less than 10 calendar days before a scheduled vote by an 
        investigative subcommittee on a statement of alleged violation, the 
        subcommittee shall provide the respondent with a copy of the statement 
        of alleged violation it intends to adopt together with all evidence it 
        intends to use to prove those charges which it intends to adopt, 
        including documentary evidence, witness testimony, memoranda of witness 
        interviews, and physical evidence, unless the subcommittee by an 
        affirmative vote of a majority of its members decides to withhold 
        certain evidence in order to protect a witness, but if such evidence is 
        withheld, the subcommittee shall inform the respondent that evidence is 
        being withheld and of the count to which such evidence relates;
            (2) neither the respondent nor his counsel shall, directly or 
        indirectly, contact the subcommittee or any member thereof during the 
        period of time set forth in paragraph (1) except for the sole purpose of 
        settlement discussions where counsels for the respondent and the 
        subcommittee are present;
            (3) if, at any time after the issuance of a statement of alleged 
        violation, the committee or any subcommittee thereof determines that it 
        intends to use evidence not provided to a respondent under paragraph (1) 
        to prove the charges contained in the statement of alleged violation (or 
        any amendment thereof), such evidence shall be made immediately 
        available to the respondent, and it may be used in any further 
        proceeding under the committee's rules;
            (4) evidence provided pursuant to paragraph (1) or (3) shall be made 
        available to the respondent and his or her counsel only after each 
        agrees, in writing, that no document, information, or other materials 
        obtained pursuant to that paragraph shall be made public until--
                    (A) such time as a statement of alleged violation is made 
                public by the committee if the respondent has waived the 
                adjudicatory hearing; or
                    (B) the commencement of an adjudicatory hearing if the 
                respondent has not waived an adjudicatory hearing;
        but the failure of respondent and his counsel to so agree in writing, 
        and therefore not receive the evidence, shall not preclude the issuance 
        of a statement of alleged violation at the end of the period referred to 
        in paragraph (1);
            (5) a respondent shall receive written notice whenever--
                    (A) the chairman and ranking minority member determine that 
                information the committee has received constitutes a complaint;
                    (B) a complaint or allegation is transmitted to an 
                investigative subcommittee;
                    (C) that subcommittee votes to authorize its first subpoena 
                or to take testimony under oath, whichever occurs first; and
                    (D) an investigative subcommittee votes to expand the scope 
                of its investigation;
            (6) whenever an investigative subcommittee adopts a statement of 
        alleged violation and a respondent enters into an agreement with that 
        subcommittee to settle a complaint on which that statement is based, 
        that agreement, unless the respondent requests otherwise, shall be in 
        writing and signed by the respondent and respondent's counsel, the 
        chairman and ranking minority member of the subcommittee, and the 
        outside counsel, if any;
            (7) statements or information derived solely from a respondent or 
        his counsel during any settlement discussions between the committee or a 
        subcommittee thereof and the respondent shall not be included in any 
        report of the subcommittee or the committee or otherwise publicly 
        disclosed without the consent of the respondent; and
            (8) whenever a motion to establish an investigative subcommittee 
        does not prevail, the committee shall promptly send a letter to the 
        respondent informing him of such vote.

SEC. 17. COMMITTEE REPORTING REQUIREMENTS.

    The Committee on Standards of Official Conduct shall amend its rules to 
provide that--
            (1) whenever an investigative subcommittee does not adopt a 
        statement of alleged violation and transmits a report to that effect to 
        the committee, the committee may by an affirmative vote of a majority of 
        its members transmit such report to the House of Representatives; and
            (2) whenever an investigative subcommittee adopts a statement of 
        alleged violation, the respondent admits to the violations set forth in 
        such statement, the respondent waives his or her right to an 
        adjudicatory hearing, and the respondent's waiver is approved by the 
        committee--
                    (A) the subcommittee shall prepare a report for transmittal 
                to the committee, a final draft of which shall be provided to 
                the respondent not less than 15 calendar days before the 
                subcommittee votes on whether to adopt the report;
                    (B) the respondent may submit views in writing regarding the 
                final draft to the subcommittee within 7 calendar days of 
                receipt of that draft;
                    (C) the subcommittee shall transmit a report to the 
                committee regarding the statement of alleged violation together 
                with any views submitted by the respondent pursuant to 
                subparagraph (B), and the committee shall make the report 
                together with the respondent's views available to the public 
                before the commencement of any sanction hearing; and
                    (D) the committee shall by an affirmative vote of a majority 
                of its members issue a report and transmit such report to the 
                House of Representatives, together with the respondent's views 
                previously submitted pursuant to subparagraph (B) and any 
                additional views respondent may submit for attachment to the 
                final report; and
            (3) members of the committee shall have not less than 72 hours to 
        review any report transmitted to the committee by an investigative 
        subcommittee before both the commencement of a sanction hearing and the 
        committee vote on whether to adopt the report.

SEC. 18. REFERRALS TO FEDERAL OR STATE AUTHORITIES.

    Clause 4(e)(1)(C) of rule X of the Rules of the House of Representatives is 
amended by striking ``with the approval of the House'' and inserting ``either 
with the approval of the House or by an affirmative vote of two-thirds of the 
members of the committee''.

SEC. 19. FRIVOLOUS FILINGS.

    Clause 4(e) of rule X of the Rules of the House of Representatives is 
amended by adding at the end the following:
    ``(5)(A) If a complaint or information offered as a complaint is deemed 
frivolous by an affirmative vote of a majority of the members of the Committee 
on Standards of Official Conduct, the committee may take such action as it, by 
an affirmative vote of a majority of its members, deems appropriate in the 
circumstances.
    ``(B) Complaints filed before the One Hundred Fifth Congress may not be 
deemed frivolous by the Committee on Standards of Official Conduct.''.

SEC. 20. TECHNICAL AMENDMENTS.

    The Committee on Standards of Official Conduct shall--
            (1) clarify its rules to provide that whenever the committee votes 
        to authorize an investigation on its own initiative, the chairman and 
        ranking minority member shall establish an investigative subcommittee to 
        undertake such investigation;
            (2) revise its rules to refer to hearings held by an adjudicatory 
        subcommittee as adjudicatory hearings; and
            (3) make such other amendments to its rules as necessary to conform 
        such rules to this resolution.

SEC. 21. EFFECTIVE DATE.

    This resolution and the amendments made by it apply with respect to any 
complaint or information offered as a complaint that is or has been filed during 
this Congress.
            Attest:

                                                                          Clerk.