[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 1416 Introduced in House (IH)]

111th CONGRESS
  2d Session
H. RES. 1416

Amending the Rules of the House of Representatives regarding the public 
disclosure by the Committee on Standards of Official Conduct of written 
   reports and findings of the board of the Office of Congressional 
                    Ethics, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 28, 2010

  Ms. Fudge (for herself, Mr. Thompson of Mississippi, Mr. Clay, Mr. 
  Ellison, Mr. Bishop of Georgia, Mr. Davis of Illinois, Ms. Corrine 
Brown of Florida, Ms. Kilpatrick of Michigan, Ms. Eddie Bernice Johnson 
 of Texas, Ms. Waters, Ms. Moore of Wisconsin, Mr. Payne, Ms. Clarke, 
Mr. Watt, Ms. Jackson Lee of Texas, Ms. Lee of California, Mr. Meeks of 
   New York, Mr. Cummings, Mr. Johnson of Georgia, and Mr. Carson of 
Indiana) submitted the following resolution; which was referred to the 
     Committee on Rules, and in addition to the Committee on House 
   Administration, 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

_______________________________________________________________________

                               RESOLUTION


 
Amending the Rules of the House of Representatives regarding the public 
disclosure by the Committee on Standards of Official Conduct of written 
   reports and findings of the board of the Office of Congressional 
                    Ethics, and for other purposes.

    Resolved,

SECTION 1. DISCLOSURES BY THE COMMITTEE ON STANDARDS OF OFFICIAL 
              CONDUCT.

    (a) Clause 3(b)(8) of rule XI of the Rules of the House of 
Representatives is amended to read as follows:
    ``(8)(A)(i) If the board of the Office of Congressional Ethics 
transmits a report respecting any matter with a recommendation to 
dismiss or that is unresolved due to a tie vote, the committee shall 
not make a public statement.
    ``(ii) If the committee establishes an investigative subcommittee 
respecting any such matter, the report and findings of the board of the 
Office of Congressional Ethics shall not be made public until the 
committee has taken its final vote on the investigative subcommittee's 
conclusions. Such investigative subcommittee shall conclude its review 
within one year after the board transmits a report respecting any 
matter. However, the committee shall make public the report and 
findings upon conclusion of review of the matter if misconduct is 
found, but no report shall be released if dismissal is recommended or 
if the matter is unresolved due to a tie vote. At least one calendar 
day before the committee makes public any written report or findings of 
the board, the chairman shall notify such board and the applicable 
Member, officer, or employee of that fact and transmit to such 
individual a copy of the statement on the committee's disposition of, 
and any committee report on, the matter.
    ``(B) If, after receipt of a written report and any findings and 
supporting documentation regarding a referral from the board of the 
Office of Congressional Ethics or of a referral of the matter from the 
board pursuant to a request under paragraph (r), the committee agrees 
to a request from an appropriate law enforcement or regulatory 
authority to defer taking action on the matter, then the committee 
shall make no public disclosure unless and until the committee has 
acted on the matter.
    ``(C) The committee may not receive any referral from the board of 
the Office of Congressional Ethics within 60 days before a Federal, 
State, or local election in which the subject of the referral is a 
candidate. The committee may delay any reporting requirement under this 
subdivision that falls within that 60-day period.''.
    (b) Clause 3(e)(1) of rule XI of the Rules of the House of 
Representatives is amended by inserting ``or a report regarding a 
referral from the board of the Office of Congressional Ethics'' before 
``is deemed frivolous''.

SEC. 2. PROCEDURES OF THE OFFICE OF CONGRESSIONAL ETHICS.

    (a) In applying House Resolution 895 (110th Congress) during the 
111th Congress, the following shall apply:
            (1) Notwithstanding the procedure set forth in section 1(c) 
        of such House Resolution 895 to undertake a preliminary review 
        of any alleged violation of a Member, officer, or employee of 
        the House, such a preliminary review may only be undertaken 
        within 7 calendar days (excluding Saturdays, Sundays, and 
        public holidays) by the board of the Office of Congressional 
        Ethics after receipt, after the date of adoption of this 
        resolution, of a sworn complaint from a citizen asserting 
        personal knowledge of any alleged violation by that Member, 
        officer, or employee of any law, rule, regulation, or other 
        standard of conduct applicable to such individual in the 
        performance of his duties or the discharge of his 
        responsibilities.
            (2) If, after the date of adoption of this resolution, the 
        Committee on Standards of Official Conduct votes to dismiss any 
        matter as frivolous or unfounded that is referred from the 
        board of the Office of Congressional Ethics and directs that 
        all records of the Office of Congressional Ethics respecting 
        such matter be sealed, then the office shall immediately seal 
        such records.
    (b) The board of the Office of Congressional Ethics is authorized 
and directed to amend its rules to define the standard of proof 
required to--
            (1) undertake a preliminary review;
            (2) commence a second-phase review of any matter under 
        consideration; and
            (3) refer any matter to the Committee on Standards of 
        Official Conduct.

SEC. 3. EFFECTIVE DATE.

    The amendments made by section 1 shall apply to referrals from the 
board of the Office of Congressional Ethics received by the Committee 
on Standards of Official Conduct after the date of adoption of this 
resolution.
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