[Congressional Record Volume 151, Number 53 (Wednesday, April 27, 2005)]
[House]
[Pages H2625-H2626]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                              {time}  2040

  So the resolution was agreed to.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.
  The SPEAKER pro tempore (Mr. LaHood). Pursuant to House Resolution 
241, House Resolution 240 is adopted.
  The text of H. Res. 240 is as follows:

                              H. Res. 240

       Resolved, That clause 3 of rule XI of the Rules of the 
     House of Representatives (relating to the Committee on 
     Standards of Official Conduct) is amended as follows:
       (1) Subparagraph (2) of paragraph (b) is amended to read as 
     follows:
       ``(2) Except in the case of an investigation undertaken by 
     the committee on its own initiative, the committee may 
     undertake an investigation relating to the official conduct 
     of an individual Member, Delegate, Resident Commissioner, 
     officer, or employee of the House only--
       ``(A) upon receipt of information offered as a complaint, 
     in writing and under oath, from a Member, Delegate, or 
     Resident Commissioner and transmitted to the committee by 
     such Member, Delegate, or Resident Commissioner; or
       ``(B) upon receipt of information offered as a complaint, 
     in writing and under oath, from a person not a Member, 
     Delegate, or Resident Commissioner provided that a Member, 
     Delegate, or Resident Commissioner certifies in writing to 
     the committee that he believes the information is submitted 
     in good faith and warrants the review and consideration of 
     the committee.

     If a complaint is not disposed of within the applicable 
     periods set forth in the rules of the Committee on Standards 
     of Official Conduct, the chairman and ranking minority member 
     shall establish jointly 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.''.
       (2) Paragraph (k) is amended to read as follows:

     ``Duties of chairman and ranking minority member regarding 
       properly filed complaints

       ``(k)(l) The committee 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 rules of the committee for what 
     constitutes a complaint, they shall have 45 calendar days or 
     five legislative days, whichever is later, after that 
     determination (unless the committee by an affirmative vote of 
     a majority of its members votes otherwise) to--
       ``(A) 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;
       ``(B) establish an investigative subcommittee; or
       ``(C) request that the committee extend the applicable 45-
     calendar day or five-legislative day period by one additional 
     45-calendar day period when they determine more time is 
     necessary in order to make a recommendation under 
     subdivision (A).
       ``(2) The committee 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 rules of the committee for what constitutes a 
     complaint, and the complaint is not disposed of within the 
     applicable time periods under subparagraph (1), 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.''.
       (3) Paragraphs (p) and (q) are amended to read as follows:

     ``Due process rights of respondents

       ``(p) The committee shall adopt 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 counsel 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 rules of the 
     committee;
       ``( 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 their consequent failure to 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) an investigative subcommittee votes to authorize its 
     first subpoena or to take testimony under oath, whichever 
     occurs first; or
       ``(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.

[[Page H2626]]

     ``Committee reporting requirements

       ``(q) The committee shall adopt 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;
       ``(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 seven 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 subdivision (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 
     subdivision (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.''.

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