[Congressional Record Volume 165, Number 43 (Monday, March 11, 2019)]
[House]
[Pages H2638-H2646]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     PUBLICATION OF COMMITTEE RULES


        RULES OF THE COMMITTEE ON ETHICS FOR THE 116TH CONGRESS

                                         House of Representatives,


                                           Committee on Ethics

                                    Washington, DC, March 7, 2019.
     Hon. Nancy Pelosi,
     House of Representatives,
     Washington, DC.
       Madam Speaker: Pursuant to clause 2 of Rule XI, I submit to 
     the House the Rules of the Committee on Ethics for the 116th 
     Congress for publication in the Congressional Record.
           Sincerely,
                                               Theodore E. Deutch,
                                                         Chairman.
       Enclosure.

                                Foreword

       The Committee on Ethics is unique in the House of 
     Representatives. Consistent with the duty to carry out its 
     advisory and enforcement responsibilities in an impartial 
     manner, the Committee is the only standing committee of the 
     House of Representatives the membership of which is divided 
     evenly by party. These rules are intended to provide a fair 
     procedural framework for the conduct of the Committee's 
     activities and to help ensure that the Committee serves well 
     the people of the United States, the House of 
     Representatives, and the Members, officers, and employees of 
     the House of Representatives.

                    Part I--General Committee Rules


                       Rule 1. General Provisions

       (a) So far as applicable, these rules and the Rules of the 
     House of Representatives shall be the rules of the Committee 
     and any subcommittee. The Committee adopts these rules under 
     the authority of clause 2(a)(1) of Rule XI of the Rules of 
     the House of Representatives, 116th Congress.
       (b) The rules of the Committee may be modified, amended, or 
     repealed by a vote of a majority of the Committee.
       (c) When the interests of justice so require, the 
     Committee, by a majority vote of its members, may adopt any 
     special procedures, not inconsistent with these rules, deemed 
     necessary to resolve a particular matter before it. Copies of 
     such special procedures shall be furnished to all parties in 
     the matter.
       (d) The Chair and Ranking Minority Member shall have access 
     to such information that they request as necessary to conduct 
     Committee business.


                          Rule 2. Definitions

       (a) ``Committee'' means the Committee on Ethics.
       (b) ``Complaint'' means a written allegation of improper 
     conduct against a Member, officer, or employee of the House 
     of Representatives filed with the Committee with the intent 
     to initiate an inquiry.
       (c) ``Inquiry'' means an investigation by an investigative 
     subcommittee into allegations against a Member, officer, or 
     employee of the House of Representatives.
       (d) ``Investigate,'' ``Investigating,'' and/or 
     ``Investigation'' mean review of the conduct of a Member, 
     officer, or employee of the House of Representatives that is 
     conducted or authorized by the Committee, an investigative 
     subcommittee, or the Chair and Ranking Minority Member of the 
     Committee.
       (e) ``Board'' means the Board of the Office of 
     Congressional Ethics.
       (f) ``Referral'' means a report sent to the Committee from 
     the Board pursuant to House Rules and all applicable House 
     Resolutions regarding the conduct of a House Member, officer, 
     or employee, including any accompanying findings or other 
     supporting documentation.
       (g) ``Investigative Subcommittee'' means a subcommittee 
     designated pursuant to Rule 19(a) to conduct an inquiry to 
     determine if a Statement of Alleged Violation should be 
     issued.
       (h) ``Statement of Alleged Violation'' means a formal 
     charging document filed by an investigative subcommittee with 
     the Committee containing specific allegations against a 
     Member, officer, or employee of the House of Representatives 
     of 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.
       (i) ``Adjudicatory Subcommittee'' means a subcommittee 
     designated pursuant to Rule 23(a) that holds an adjudicatory 
     hearing and determines whether the counts in a Statement of 
     Alleged Violation are proved by clear and convincing 
     evidence.
       (j) ``Sanction Hearing'' means a Committee hearing to 
     determine what sanction, if any, to adopt or to recommend to 
     the House of Representatives.
       (k) ``Respondent'' means a Member, officer, or employee of 
     the House of Representatives who is the subject of an 
     investigation.
       (1) ``Office of Advice and Education'' refers to the Office 
     established by section 803(i) of the Ethics Reform Act of 
     1989. The Office handles inquiries; prepares written opinions 
     in response to specific requests; develops general guidance; 
     and organizes seminars, workshops, and briefings for the 
     benefit of the House of Representatives.
       (m) ``Member'' means a Representative in, or a Delegate to, 
     or the Resident Commissioner to, the U.S. House of 
     Representatives.


                 Rule 3. Advisory Opinions and Waivers

       (a) The Office of Advice and Education shall handle 
     inquiries; prepare written opinions providing specific 
     advice, including reviews of requests for privately-sponsored 
     travel pursuant to the Committee's Travel Guidelines and 
     Regulations; develop general guidance; and organize seminars, 
     workshops, and briefings for the benefit of the House of 
     Representatives.
       (b) Any Member, officer, or employee of the House of 
     Representatives may request a written opinion with respect to 
     the propriety of any current or proposed conduct of such 
     Member, officer, or employee.
       (c) The Office of Advice and Education may provide 
     information and guidance regarding laws, rules, regulations, 
     and other standards of conduct applicable to Members, 
     officers, and employees in the performance of their duties or 
     the discharge of their responsibilities.
       (d) In general, the Committee shall provide a written 
     opinion to an individual only in response to a written 
     request, and the written opinion shall address the conduct 
     only of the inquiring individual, or of persons for whom the 
     inquiring individual is responsible as employing authority.
       (e) A written request for an opinion shall be addressed to 
     the Chair of the Committee and shall include a complete and 
     accurate statement of the relevant facts. A request shall be 
     signed by the requester or the requester's authorized 
     representative or employing authority. A representative shall 
     disclose to the Committee the identity of the principal on 
     whose behalf advice is being sought.
       (f) Requests for privately-sponsored travel shall be 
     treated like any other request for a written opinion for 
     purposes of paragraphs
       (g) through (1).
       (1) The Committee's Travel Guidelines and Regulations shall 
     govern the request submission and Committee approval process 
     for privately-sponsored travel consistent with House Rules.
       (2) A request for privately-sponsored travel of a Member, 
     officer, or employee shall include a completed and signed 
     Traveler Form that attaches the Private Sponsor Certification 
     Form and includes all information required by the Committee's 
     Travel Guidelines and Regulations. A private sponsor offering 
     officially-connected travel to a Member, officer, or employee 
     must complete and sign a Private Sponsor Certification Form, 
     and provide a copy of that form to the invitee(s).
       (3) Any individual who knowingly and willfully falsifies, 
     or who knowingly and willfully fails to file, any form 
     required by the Committee's Travel Guidelines and Regulations 
     may be subject to civil penalties and criminal sanctions 
     pursuant to 18 U.S.C. 1001.
       (g) The Office of Advice and Education shall prepare for 
     the Committee a response to each written request for an 
     opinion from a Member, officer, or employee. Each response 
     shall discuss all applicable laws, rules, regulations, or 
     other standards.
       (h) Where a request is unclear or incomplete, the Office of 
     Advice and Education may seek additional information from the 
     requester.
       (i) The Chair and Ranking Minority Member are authorized to 
     take action on behalf of the Committee on any proposed 
     written opinion that they determine does not require 
     consideration by the Committee. If the Chair or Ranking 
     Minority Member requests a written opinion, or seeks a 
     waiver, extension, or approval pursuant to Rules 3(m), 4(c), 
     4(e), or 4(h), the next ranking member of the requester's 
     party is authorized to act in lieu of the requester.
       (j) The Committee shall keep confidential any request for 
     advice from a Member, officer, or employee, as well as any 
     response thereto. Upon request of any Member, officer, or 
     employee who has submitted a written request for an opinion 
     or submitted a request for privately-sponsored travel, the 
     Committee may release to the requesting individual a copy of 
     their own written request for advice or submitted travel 
     forms, any subsequent written communications between such 
     individual and Committee staff regarding the request, and any 
     Committee advisory opinion or travel letter issued to that 
     individual in response. The Committee shall not release any 
     internal Committee staff work product, communications, or 
     notes in response to such a request, except as authorized by 
     the Committee.

[[Page H2639]]

       (k) The Committee may take no adverse action in regard to 
     any conduct that has been undertaken in reliance on a written 
     opinion if the conduct conforms to the specific facts 
     addressed in the opinion.
       (1) Information provided to the Committee by a Member, 
     officer, or employee seeking advice regarding prospective 
     conduct may not be used as the basis for initiating an 
     investigation under clause 3(a)(2) or clause 3(b) of Rule XI 
     of the Rules of the House of Representatives, if such Member, 
     officer, or employee acts in good faith in accordance with 
     the written advice of the Committee.
       (m) A written request for a waiver of clause 5 of House 
     Rule XXV (the House gift rule), or for any other waiver or 
     approval, shall be treated in all respects like any other 
     request for a written opinion.
       (n) A written request for a waiver of clause 5 of House 
     Rule XXV (the House gift rule) shall specify the nature of 
     the waiver being sought and the specific circumstances 
     justifying the waiver.
       (o) An employee seeking a waiver of time limits applicable 
     to travel paid for by a private source shall include with the 
     request evidence that the employing authority is aware of the 
     request. In any other instance where proposed employee 
     conduct may reflect on the performance of official duties, 
     the Committee may require that the requester submit evidence 
     that the employing authority knows of the conduct.


                      Rule 4. Financial Disclosure

       (a) In matters relating to Title I of the Ethics in 
     Government Act of 1978, the Committee shall coordinate with 
     the Clerk of the House of Representatives, Legislative 
     Resource Center, to assure that appropriate individuals are 
     notified of their obligation to file reports required to be 
     filed under Title I of the Ethics in Government Act and that 
     such individuals are provided in a timely fashion with filing 
     instructions and forms developed by the Committee.
       (b) The Committee shall coordinate with the Legislative 
     Resource Center to assure that information that the Ethics in 
     Government Act requires to be placed on the public record is 
     made public.
       (c) Any reports required to be filed under Title I of the 
     Ethics in Government Act filed by Members of the Board of the 
     Office of Congressional Ethics that are forwarded to the 
     Committee by the Clerk shall not be subject to paragraphs (d) 
     through (q) of this Rule. The Office of Congressional Ethics 
     retains jurisdiction over review of the timeliness and 
     completeness of filings by Members of the Board as the 
     Board's supervising ethics office.
       (d) The Chair and Ranking Minority Member are authorized to 
     grant on behalf of the Committee requests for reasonable 
     extensions of time for the filing of Financial Disclosure 
     Statements. Any such request must be received by the 
     Committee no later than the date on which the Statement in 
     question is due. A request received after such date may be 
     granted by the Committee only in extraordinary circumstances. 
     Such extensions for one individual in a calendar year shall 
     not exceed a total of 90 days per Statement, including any 
     amendment required by the Committee in accordance with clause 
     (m). No extension shall be granted authorizing a nonincumbent 
     candidate to file a statement later than 30 days prior to a 
     primary or general election in which the candidate is 
     participating.
       (e) An individual who takes legally sufficient action to 
     withdraw as a candidate before the date on which that 
     individual's Financial Disclosure Statement is due under the 
     Ethics in Government Act shall not be required to file a 
     Statement. An individual shall not be excused from filing a 
     Financial Disclosure Statement when withdrawal as a candidate 
     occurs after the date on which such Statement was due.
       (f) Any individual who files a report required to be filed 
     under Title I of the Ethics in Government Act more than 30 
     days after the later of--
       (1) the date such report is required to be filed, or
       (2) if a filing extension is granted to such individual, 
     the last day of the filing extension period, is required by 
     such Act to pay a late filing fee of $200. The Chair and 
     Ranking Minority Member are authorized to approve requests 
     that the fee be waived based on extraordinary circumstances.
       (g) Any late report that is submitted without a required 
     filing fee shall be deemed procedurally deficient and not 
     properly filed.
       (h) The Chair and Ranking Minority Member are authorized to 
     approve requests for waivers of the aggregation and reporting 
     of gifts as provided by section 102(a)(2)(C) of the Ethics in 
     Government Act. If such a request is approved, both the 
     incoming request and the Committee response shall be 
     forwarded to the Legislative Resource Center for placement on 
     the public record.
       (i) The Chair and Ranking Minority Member are authorized to 
     approve blind trusts as qualifying under section 102(f)(3) of 
     the Ethics in Government Act. The correspondence relating to 
     formal approval of a blind trust, the trust document, the 
     list of assets transferred to the trust, and any other 
     documents required by law to be made public, shall be 
     forwarded to the Legislative Resource Center for such 
     purpose.
       (j) The Committee shall designate staff who shall review 
     reports required to be filed under Title I of the Ethics in 
     Government Act and, based upon information contained therein, 
     indicate in a form and manner prescribed by the Committee 
     whether the Statement appears substantially accurate and 
     complete and the filer appears to be in compliance with 
     applicable laws and rules.
       (k) Each report required to be filed under Title I of the 
     Ethics in Government Act shall be reviewed within 60 days 
     after the date of filing.
       (1) If the reviewing staff believes that additional 
     infoimation is required because (1) the report required to be 
     filed under Title I of the Ethics in Government Act appears 
     not substantially accurate or complete, or (2) the filer may 
     not be in compliance with applicable laws or rules, then the 
     reporting individual shall be notified in writing of the 
     additional information believed to be required, or of the law 
     or rule with which the reporting individual does not appear 
     to be in compliance. Such notice shall also state the time 
     within which a response is to be submitted. Any such notice 
     shall remain confidential.
       (m) Within the time specified, including any extension 
     granted in accordance with clause (d), a reporting individual 
     who concurs with the Committee's notification that the report 
     required to be filed under Title I of the Ethics in 
     Government Act is not complete, or that other action is 
     required, shall submit the necessary information or take 
     appropriate action. Any amendment may be in the form of a 
     revised report required to be filed under Title I of the 
     Ethics in Government Act or an explanatory letter addressed 
     to the Clerk of the House of Representatives.
       (n) Any amendment shall be placed on the public record in 
     the same manner as other reports required to be filed under 
     Title I of the Ethics in Government Act. The individual 
     designated by the Committee to review the original report 
     required to be filed under Title I of the Ethics in 
     Government Act shall review any amendment thereto.
       (o) Within the time specified, including any extension 
     granted in accordance with clause (d), a reporting individual 
     who does not agree with the Committee that the report 
     required to be filed under Title I of the Ethics in 
     Government Act is deficient or that other action is required, 
     shall be provided an opportunity to respond orally or in 
     writing. If the explanation is accepted, a copy of the 
     response, if written, or a note summarizing an oral response, 
     shall be retained in Committee files with the original 
     report.
       (p) The Committee shall be the final arbiter of whether any 
     report required to be filed under Title I of the Ethics in 
     Government Act requires clarification or amendment.
       (q) If the Committee determines, by vote of a majority of 
     its members, that there is reason to believe that an 
     individual has willfully failed to file a report required to 
     be filed under Title I of the Ethics in Government Act or has 
     willfully falsified or willfully failed to file information 
     required to be reported, then the Committee shall refer the 
     name of the individual, together with the evidence supporting 
     its finding, to the Attorney General pursuant to section 
     104(b) of the Ethics in Government Act. Such referral shall 
     not preclude the Committee from initiating such other action 
     as may be authorized by other provisions of law or the Rules 
     of the House of Representatives.


                            Rule 5. Meetings

       (a) The regular meeting day of the Committee shall be the 
     second Tuesday of each month, except when the House of 
     Representatives is not meeting on that day. When the 
     Committee Chair determines that there is sufficient reason, 
     meetings may be called on additional days. A regularly 
     scheduled meeting need not be held when the Chair determines 
     there is no business to be considered.
       (b) The Chair shall establish the agenda for meetings of 
     the Committee, and the Ranking Minority Member may place 
     additional items on the agenda.
       (c) All meetings of the Committee or any subcommittee 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.
       (d) 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.
       (e) A subcommittee shall meet at the discretion of its 
     Chair.
       (f) Insofar as practicable, notice for any Committee or 
     subcommittee meeting shall be provided at least seven days in 
     advance of the meeting. The Chair of the Committee or 
     subcommittee may waive such time period for good cause.


                        Rule 6. Committee Staff

       (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 the 
     individual is hired.
       (c) The staff as a whole and each individual 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 the employment or 
     duties with the Committee of such individual without specific 
     prior approval from the Chair and Ranking Minority Member.
       (f) All staff members shall be appointed by an affirmative 
     vote of a majority of the members of the Committee. Such vote 
     shall

[[Page H2640]]

     occur at the first meeting of the membership of the Committee 
     during each Congress and as necessary during the Congress.
       (g) Subject to the approval of the Committee on House 
     Administration, 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.
       (h) 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.
       (i) Outside counsel may be dismissed prior to the end of a 
     contract between the Committee and such counsel only by a 
     majority vote of the members of the Committee.
       (j) In addition to any other staff provided for by law, 
     rule, or other authority, with respect to the Committee, the 
     Chair and Ranking Minority Member each may appoint one 
     individual as a shared staff member from the respective 
     personal staff of the Chair or Ranking Minority Member to 
     perform service for the Committee. Such shared staff may 
     assist the Chair or Ranking Minority Member on any 
     subcommittee on which the Chair or Ranking Minority Member 
     serves. Only paragraphs (c) and (e) of this Rule and Rule 
     7(b) shall apply to shared staff


                        Rule 7. Confidentiality

       (a) Before any Member or employee of the Committee, 
     including members of an investigative subcommittee selected 
     under clause 5(a)(4) of Rule X of the House of 
     Representatives and shared staff designated pursuant to 
     Committee Rule 6(j), may have access to information that is 
     confidential under the rules of the Committee, the following 
     oath (or affiimation) shall be executed in writing:
       ``I do solemnly swear (or affirm) that I will not disclose, 
     to any person or entity outside the Committee on Ethics, 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 provided to the Clerk 
     of the House as part of the records of the House. Breaches of 
     confidentiality shall be investigated by the Committee and 
     appropriate action shall be taken.
       (b) 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.
       (c) Committee members and staff shall not disclose any 
     evidence or information relating to any investigation or 
     proceeding of the Committee or a subcommittee to any person 
     or organization outside the Committee, unless authorized by 
     the Committee.
       (d) This rule shall not prohibit the Chair or Ranking 
     Minority Member from disclosing to the Board of the Office of 
     Congressional Ethics the existence of a Committee 
     investigation, the name of the Member, officer, or employee 
     of the House who is the subject of that investigation, and a 
     brief statement of the scope of that investigation in a 
     written request for referral pursuant to Rule 17A(k). Such 
     disclosures will only be made subject to written confirmation 
     from the Board that the information provided by the Chair or 
     Ranking Minority Member will be kept confidential by the 
     Board.
       (e) A Statement of Alleged Violation and any written 
     response thereto shall be made public at the first meeting or 
     hearing on the matter that is open to the public after the 
     respondent has been given full opportunity to respond 
     pursuant to Rule 22. Any other materials in the possession of 
     the Committee regarding such statement may be made public as 
     authorized by the Committee to the extent consistent with the 
     Rules of the House of Representatives. If no public hearing 
     is held on the matter, the Statement of Alleged Violation and 
     any written response thereto shall be included in the 
     Committee's final report on the matter to the House of 
     Representatives.
       (f) Unless otherwise determined by a vote of the Committee, 
     only the Chair or Ranking Minority Member of the Committee, 
     after consultation with each other, may make public 
     statements regarding matters before the Committee or any 
     subcommittee.
       (g) The Committee may establish procedures necessary to 
     prevent the unauthorized disclosure of any testimony or other 
     information received by the Committee or its staff.


          Rule 8. Subcommittees--General Policy and Structure

       (a) Notwithstanding any other provision of these Rules, the 
     Chair and Ranking Minority Member of the Committee may 
     consult with an investigative subcommittee either on their 
     own initiative or on the initiative of the subcommittee, 
     shall have access to evidence and information before a 
     subcommittee with whom they so consult, and shall not thereby 
     be precluded from serving as full, voting members of any 
     adjudicatory subcommittee. Except for the Chair and Ranking 
     Minority Member of the Committee pursuant to this paragraph, 
     evidence in the possession of an investigative subcommittee 
     shall not be disclosed to other Committee members except by a 
     vote of the subcommittee.
       (b) The Committee may establish other noninvestigative and 
     nonadjudicatory subcommittees and may assign to them such 
     functions as it may deem appropriate. The membership of each 
     subcommittee shall provide equal representation for the 
     majority and minority parties.
       (c) The Chair may refer any bill, resolution, or other 
     matter before the Committee to an appropriate subcommittee 
     for consideration. Any such bill, resolution, or other matter 
     may be discharged from the subcommittee to which it was 
     referred by a majority vote of the Committee.
       (d) Any member of the Committee may sit with any 
     noninvestigative or nonadjudicatory subcommittee, but only 
     regular members of such subcommittee may vote on any matter 
     before that subcommittee.


              Rule 9. Quorums and Member Disqualification

       (a) The quorum for the Committee or an investigative 
     subcommittee to take testimony and to receive evidence shall 
     be two members, unless otherwise authorized by the House of 
     Representatives.
       (b) The quorum for an adjudicatory subcommittee to take 
     testimony, receive evidence, or conduct business shall 
     consist of a majority plus one of the members of the 
     adjudicatory subcommittee.
       (c) Except as stated in clauses (a) and (b) of this rule, a 
     quorum for the purpose of conducting business consists of a 
     majority of the members of the Committee or subcommittee.
       (d) A member of the Committee shall be ineligible to 
     participate in any Committee or subcommittee proceeding in 
     which such Member is a respondent.
       (e) A member of the Committee may seek disqualification 
     from participating in any investigation of the conduct of a 
     Member, officer, or employee of the House of Representatives 
     upon the submission in writing and under oath of an affidavit 
     of disqualification stating that the member cannot render an 
     impartial and unbiased decision. If the Committee approves 
     and accepts such affidavit of disqualification, the Chair 
     shall so notify the Speaker and ask the Speaker to designate 
     a Member of the House of Representatives from the same 
     political party as the disqualified member of the Committee 
     to act as a member of the Committee in any Committee 
     proceeding relating to such investigation.


                       Rule 10. Vote Requirements

       (a) The following actions shall be taken only upon an 
     affirmative vote of a majority of the members of the 
     Committee or subcommittee, as appropriate:
       (1) Issuing a subpoena.
       (2) Adopting a full Committee motion to create an 
     investigative subcommittee.
       (3) Adopting or amending of a Statement of Alleged 
     Violation.
       (4) Finding that a count in a Statement of Alleged 
     Violation has been proved by clear and convincing evidence.
       (5) Sending a letter of reproval.
       (6) Adopting a recommendation to the House of 
     Representatives that a sanction be imposed.
       (7) Adopting a report relating to the conduct of a Member, 
     officer, or employee.
       (8) Issuing an advisory opinion of general applicability 
     establishing new policy.
       (b) Except as stated in clause (a), action may be taken by 
     the Committee or any subcommittee thereof by a simple 
     majority, a quorum being present.
       (c) No motion made to take any of the actions enumerated in 
     clause (a) of this Rule may be entertained by the Chair 
     unless a quorum of the Committee is present when such motion 
     is made.


                       Rule 11. Committee Records

       (a) All communications and all pleadings pursuant to these 
     rules shall be filed with the Committee at the Committee's 
     office or such other place as designated by the Committee.
       (b) All records of the Committee which have been delivered 
     to the Archivist of the United States shall be made available 
     to the public in accordance with Rule VII of the Rules of the 
     House of Representatives.


     Rule 12. Broadcasts of Committee and Subcommittee Proceedings

       (a) Television or radio coverage of a Committee or 
     subcommittee hearing or meeting shall be without commercial 
     sponsorship.
       (b) Not more than four television cameras, operating from 
     fixed positions, shall be permitted in a hearing or meeting 
     room. The Committee may allocate the positions of permitted 
     television cameras among the television media in consultation 
     with the Executive Committee of the Radio and Television 
     Correspondents' Galleries.
       (c) Television cameras shall be placed so as not to 
     obstruct in any way the space between any witness giving 
     evidence or testimony and any member of the Committee, or the 
     visibility of that witness and that member to each other.
       (d) Television cameras shall not be placed in positions 
     that unnecessarily obstruct the coverage of the hearing or 
     meeting by the other media.

                    Part II--Investigative Authority


                       Rule 13. House Resolution

       Whenever the House of Representatives, by resolution, 
     authorizes or directs the Committee to undertake an inquiry 
     or investigation, the provisions of the resolution, in 
     conjunction with these Rules, shall govern. To the extent the 
     provisions of the resolution

[[Page H2641]]

     differ from these Rules, the resolution shall control.


      Rule 14. Committee Authority to Investigate--General Policy

       (a) Pursuant to clause 3(b) of Rule XI of the Rules of the 
     House of Representatives, the Committee may exercise its 
     investigative authority when:
       (1) information offered as a complaint, in writing and 
     under oath, by a Member of the House of Representatives is 
     transmitted directly to the Committee;
       (2) information offered as a complaint, in writing and 
     under oath, by an individual not a Member of the House is 
     transmitted to the Committee, provided that a Member of the 
     House certifies in writing that such Member believes the 
     information is submitted in good faith and warrants the 
     review and consideration of the Committee;
       (3) the Committee, on its own initiative, undertakes an 
     investigation;
       (4) a Member, officer, or employee is indicted or otherwise 
     formally charged with criminal conduct or is convicted of a 
     felony in a Federal, State, or local court;
       (5) the House of Representatives, by resolution, authorizes 
     or directs the Committee to undertake an inquiry or 
     investigation; or
       (6) a referral from the Board is transmitted to the 
     Committee.
       (b) The Committee also has investigatory authority over:
       (1) certain unauthorized disclosures of intelligence-
     related information, pursuant to House Rule X, clauses 
     11(g)(4) and (g)(5);
       (2) reports received from the Office of the Inspector 
     General pursuant to House Rule II, clause 6(c)(5);
       (3) determinations regarding appeals from fines imposed by 
     the Sergeant-at-Arms for the use of electronic devices in 
     contravention of applicable House rules or policies, pursuant 
     to House Rule II, clause 3(g); and
       (4) information received from the Office of Congressional 
     Workplace Rights, pursuant to the Congressional 
     Accountability Act of 1995.


                          Rule 15. Complaints

       (a) A complaint submitted to the Committee shall be in 
     writing, dated, and properly verified (a document will be 
     considered properly verified where a notary executes it with 
     the language, ``Signed and sworn to (or affirmed) before me 
     on (date) by (the name of the person)'') setting forth in 
     simple, concise, and direct statements--
       (1) the name and legal address of the party filing the 
     complaint (hereinafter referred to as the ``complainant'');
       (2) the name and position or title of the respondent(s);
       (3) the nature of the alleged violation of the Code of 
     Official Conduct or of other law, rule, regulation, or other 
     standard of conduct applicable to the performance of duties 
     or discharge of responsibilities; and
       (4) the facts alleged to give rise to the violation. The 
     complaint shall not contain innuendo, speculative assertions, 
     or conclusory statements.
       (b) Any documents in the possession of the complainant that 
     relate to the allegations may be submitted with the 
     complaint.
       (c) Information offered as a complaint by a Member of the 
     House of Representatives may be transmitted directly to the 
     Committee.
       (d) Information offered as a complaint by an individual not 
     a Member of the House may be transmitted to the Committee, 
     provided that a Member of the House certifies in writing that 
     such Member believes the information is submitted in good 
     faith and warrants the review and consideration of the 
     Committee.
       (e) A complaint must be accompanied by a certification, 
     which may be unsworn, that the complainant has provided an 
     exact copy of the filed complaint and all attachments to the 
     respondent(s).
       (f) The Committee may defer action on a complaint against a 
     Member, officer, or employee of the House of Representatives 
     when the complaint alleges conduct that the Committee has 
     reason to believe is being reviewed by appropriate law 
     enforcement or regulatory authorities, or when the Committee 
     determines that it is appropriate for the conduct alleged in 
     the complaint to be reviewed initially by law enforcement or 
     regulatory authorities.
       (g) A complaint may not be amended without leave of the 
     Committee. Otherwise, any new allegations of improper conduct 
     must be submitted in a new complaint that independently meets 
     the procedural requirements of the Rules of the House of 
     Representatives and the Committee's Rules.
       (h) The Committee shall not accept, and shall return to the 
     complainant, any complaint submitted within the 60 days 
     before a Federal, State, or local election in which the 
     subject of the complaint is a candidate.
       (i) The Committee shall not consider a complaint, nor shall 
     any investigation be undertaken by the Committee, of any 
     alleged violation which occurred before the third previous 
     Congress unless the Committee determines that the alleged 
     violation is directly related to an alleged violation which 
     occurred in a more recent Congress.


     Rule 16. Duties of Committee Chair and Ranking Minority Member

       (a) Whenever information offered as a complaint is 
     submitted to the Committee, the Chair 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.
       (b) Whenever the Chair 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 Chair and Ranking Minority Member determine that 
     infoiniation 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 period when they determine more time is 
     necessary in order to make a recommendation under paragraph 
     (1) or (2) of Rule 16(b).
       (c) The Chair and Ranking Minority Member 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 Chair or Ranking Minority Member has 
     placed on the agenda the issue of whether to establish an 
     investigative subcommittee.
       (d) If the Chair 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 
     45 calendar days or 5 legislative days, whichever is 
     later, and no additional 45-day extension is made, then 
     they shall establish an investigative subcommittee and 
     forward the complaint, or any portion thereof; to that 
     subcommittee for its consideration. If at any time during 
     the time period either the Chair 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.
       (e) Whenever the Chair 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.


                   Rule 17. Processing of Complaints

       (a) If a complaint is in compliance with House and 
     Committee Rules, a copy of the complaint and the Committee 
     Rules shall be forwarded to the respondent(s) within 5 days 
     with notice that the complaint conforms to the applicable 
     rules.
       (b) A respondent may, within 30 days of the Committee's 
     notification in clause (a), provide to the Committee any 
     information relevant to a complaint filed with the Committee. 
     The respondent may submit a written statement in response to 
     the complaint. Such a statement shall be signed by the 
     respondent. If the statement is prepared by counsel for the 
     respondent, the respondent shall sign a representation that 
     the respondent has reviewed the response and agrees with the 
     factual assertions contained therein.
       (c) The Committee staff may request information from a 
     respondent or obtain additional information relevant to the 
     case from other sources prior to the establishment of an 
     investigative subcommittee only when so directed by the Chair 
     and Ranking Minority Member.
       (d) The respondent(s) shall be notified in writing 
     regarding the Chair and Ranking Minority Member's 
     determination under Rule 16(e) or the Committee's decision 
     either to dismiss the complaint or to create an investigative 
     subcommittee.


   Rule 17A. Referrals from the Board of the Office of Congressional 
                                 Ethics

       (a) The Committee has exclusive jurisdiction over the 
     interpretation, administration, and enforcement of the Code 
     of Official Conduct pursuant to clause 1(g)of House Rule X. 
     Receipt of referrals from the Board under this rule does not 
     limit the Committee's discretion to address referrals in any 
     way through the appropriate procedures authorized by 
     Committee Rules. The Committee shall review the report and 
     findings transmitted by the Board without prejudice or 
     presumptions as to the merit of the allegations.
       (b)(1) Whenever the Committee receives either (A) a 
     referral containing a written report and any findings and 
     supporting documentation from the Board; or (B) a referral 
     from the Board pursuant to a request under Rule 17A(k), the 
     Chair shall have 45 calendar days or 5 legislative days after 
     the date the referral is received, whichever is later, to 
     make public the report and findings of the Board unless the 
     Chair and Ranking Minority Member jointly decide, or the 
     Committee votes, to withhold such information for not more 
     than one additional 45-day period.
       (2) At least one calendar day before the Committee makes 
     public any report and

[[Page H2642]]

     findings of the Board, the Chair shall notify in writing the 
     Board and the Member, officer, or employee who is the subject 
     of the referral of the impending public release of these 
     documents. At the same time, the Chair shall transmit a copy 
     of any public statement on the Committee's disposition of the 
     matter and any accompanying Committee report to the 
     individual who is the subject of the referral.
       (3) All public statements and reports and findings of the 
     Board that are required to be made public under this Rule 
     shall be posted on the Committee's website.
       (c) If the OCE report and findings are withheld for an 
     additional 45-day period pursuant to paragraph (b)(1), the 
     Chair shall--
       (1) make a public statement on the day of such decision or 
     vote that the matter referred from the Board has been 
     extended; and
       (2) make public the written report and findings pursuant to 
     paragraph (b) upon the termination of such additional period.
       (d) If the Board transmits a report with a recommendation 
     to dismiss or noting a matter as unresolved due to a tie 
     vote, and the matter is extended for an additional period as 
     provided in paragraph (b), the Committee is not required to 
     make a public statement that the matter has been extended 
     pursuant to paragraph (b)(1).
       (e) If the Committee votes to dismiss a matter referred 
     from the Board, the Committee is not required to make public 
     the written report and findings of the Board pursuant to 
     paragraph (c) unless the Committee's vote is inconsistent 
     with the recommendation of the Board. A vote by the Committee 
     to dismiss a matter is not considered inconsistent with a 
     report from the Board that the matter is unresolved by the 
     Board due to a tie vote.
       (f) Except as provided by paragraph (g):
       (1) If the Committee establishes an investigative 
     subcommittee respecting any matter referred by the Board, 
     then the report and findings of the Board shall not be made 
     public until the conclusion of the investigative subcommittee 
     process. The Committee shall issue a public statement noting 
     the establishment of an investigative subcommittee, which 
     shall include the name of the Member, officer, or employee 
     who is the subject of the inquiry, and shall set forth the 
     alleged violation.
       (2) If any such investigative subcommittee does not 
     conclude its review within one year after the Board's 
     referral, then the Committee shall make public the report of 
     the Board no later than one year after the referral. If the 
     investigative subcommittee does not conclude its review 
     before the end of the Congress in which the report of the 
     Board is made public, the Committee shall make public any 
     findings of the Board on the last day of that Congress.
       (g) If the vote of the Committee is a tie or the Committee 
     fails to act by the close of any applicable period(s) under 
     this rule, the report and the findings of the Board shall be 
     made public by the Committee, along with a public statement 
     by the Chair explaining the status of the matter.
       (h)(1) If the Committee agrees to a request from an 
     appropriate law enforcement or regulatory authority to defer 
     taking action on a matter referred by the Board under 
     paragraph (b)--
       (A) The Committee is not required to make public the 
     written report and findings of the Board pursuant to 
     paragraph (c), except that if the recommendation of the Board 
     is that the matter requires further review, the Committee 
     shall make public the written report of the Board but not the 
     findings; and
       (B) The Committee shall make a public statement that it is 
     deferring taking action on the matter at the request of such 
     law enforcement or regulatory authority within one day 
     (excluding weekends and public holidays) of the day that the 
     Committee agrees to the request.
       (2) If the Committee has not acted on the matter within one 
     year of the date the public statement described in paragraph 
     (h)(1)(B) is released, the Committee shall make a public 
     statement that it continues to defer taking action on the 
     matter. The Committee shall make a new statement upon the 
     expiration of each succeeding one-year period during which 
     the Committee has not acted on the matter.
       (i) The Committee shall not accept, and shall return to the 
     Board, any referral from the Board within 60 days before a 
     Federal, State, or local election in which the subject of the 
     referral is a candidate.
       (j) The Committee may postpone any reporting requirement 
     under this rule that falls within that 60-day period until 
     after the date of the election in which the subject of the 
     referral is a candidate. For purposes of calculating any 
     applicable period under this Rule, any days within the 60-day 
     period before such an election and the date of the election 
     shall not be counted.
       (k)(1) At any time after the Committee receives written 
     notification from the Board of the Office of Congressional 
     Ethics that the Board is undertaking a review of alleged 
     conduct of any Member, officer, or employee of the House at a 
     time when the Committee is investigating, or has completed an 
     investigation of the same matter, the Committee may so notify 
     the Board in writing and request that the Board cease its 
     review and refer the matter to the Committee for its 
     consideration immediately. The Committee shall also notify 
     the Board in writing if the Committee has not reached a final 
     resolution of the matter or has not referred the matter to 
     the appropriate Federal or State authorities by the end of 
     any applicable time period specified in Rule 17A (including 
     any permissible extension).
       (2) The Committee may not request a second referral of the 
     matter from the Board if the Committee has notified the Board 
     that it is unable to resolve the matter previously requested 
     pursuant to this section. The Board may subsequently send a 
     referral regarding a matter previously requested and returned 
     by the Committee after the conclusion of the Board's review 
     process.


         Rule 18. Committee-Initiated Inquiry or Investigation

       (a) Notwithstanding the absence of a filed complaint, the 
     Committee may consider any information in its possession 
     indicating that a Member, officer, or employee may have 
     committed a violation of the Code of Official Conduct or any 
     law, rule, regulation, or other standard of conduct 
     applicable to the conduct of such Member, officer, or 
     employee in the performance of the duties or the discharge of 
     the responsibilities of such individual. The Chair and 
     Ranking Minority Member may jointly gather additional 
     information concerning such an alleged violation by a Member, 
     officer, or employee unless and until an investigative 
     subcommittee has been established. The Chair and Ranking 
     Minority Member may also jointly take appropriate action 
     consistent with Committee Rules to resolve the matter.
       (b) If the Committee votes to establish an investigative 
     subcommittee, the Committee shall proceed in accordance with 
     Rule 19.
       (c) Any written request by a Member, officer, or employee 
     of the House of Representatives that the Committee conduct an 
     investigation into such person's own conduct shall be 
     considered in accordance with subsection (a) of this Rule.
       (d) An investigation shall not be undertaken regarding any 
     alleged violation that occurred before the third previous 
     Congress unless a majority of the Committee determines that 
     the alleged violation is directly related to an alleged 
     violation that occurred in a more recent Congress.
       (e)(1) An inquiry shall be undertaken by an investigative 
     subcommittee with regard to any felony conviction of a 
     Member, officer, or employee of the House of Representatives 
     in a Federal, State, or local court who has been sentenced. 
     Notwithstanding this provision, the Chair and Ranking 
     Minority Member have the discretion to gather information 
     pursuant to subsection (a) of this Rule, and the Committee 
     has the discretion to initiate an inquiry upon an affirmative 
     vote of a majority of the members of the Committee, at any 
     time prior to conviction or sentencing.
       (2) Not later than 30 days after a Member of the House is 
     indicted or otherwise formally charged with criminal conduct 
     in any Federal, State, or local court, the Committee shall 
     either initiate an inquiry upon a majority vote of the 
     members of the Committee or submit a report to the House 
     describing its reasons for not initiating an inquiry and 
     describing the actions, if any, that the Committee has taken 
     in response to the allegations.
       (3) In addition to any other evidence which the Committee 
     or investigative subcommittee may consider, the Committee or 
     investigative subcommittee may take into evidence any 
     information related to the subject of an investigation 
     contained in trial transcripts and all exhibits admitted into 
     evidence at trial.


                  Rule 19. Investigative Subcommittee

       (a)(1) Upon the establishment of an investigative 
     subcommittee, the Chair and Ranking Minority Member of the 
     Committee shall designate four members (with equal 
     representation from the majority and minority parties) to 
     serve as an investigative subcommittee to undertake an 
     inquiry. Members of the Committee and Members of the House 
     selected pursuant to clause 5(a)(4)(A) of Rule X of the House 
     of Representatives are eligible for appointment to an 
     investigative subcommittee, as determined by the Chair and 
     Ranking Minority Member of the Committee. At the time of 
     appointment, the Chair shall designate one member of the 
     subcommittee to serve as the Chair and the Ranking Minority 
     Member shall designate one member of the subcommittee to 
     serve as the ranking minority member of the investigative 
     subcommittee. The Chair 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.
       (2) A respondent shall be notified of the membership of the 
     investigative subcommittee and shall have 10 days after such 
     notice is transmitted to object to the participation of any 
     subcommittee member. Such objection shall be in writing and 
     must be on the grounds that the subcommittee member cannot 
     render an impartial and unbiased decision. The members of the 
     Committee shall engage in a collegial discussion regarding 
     such objection. The subcommittee member against whom the 
     objection is made shall be the sole judge of any 
     disqualification and may choose to seek disqualification from 
     participating in the inquiry pursuant to Rule 9(e).
       (b) In an inquiry undertaken by an investigative 
     subcommittee--
       (1) All proceedings, including the taking of testimony, 
     shall be conducted in executive session and all evidence or 
     testimony produced pursuant to subpoena or otherwise shall be 
     deemed to have been taken or produced in executive session.

[[Page H2643]]

       (2) The investigative subcommittee, through any of its 
     members or the staff, shall ask the respondent(s) and all 
     witnesses whether they intend to be represented by counsel. 
     If so, the respondent or witnesses or their legal 
     representatives shall provide written designation of counsel. 
     A respondent or witness who is represented by counsel shall 
     not be questioned in the absence of counsel unless an 
     explicit waiver is obtained.
       (3) The subcommittee shall provide the respondent(s) an 
     opportunity to present, orally or in writing, a statement, 
     which must be under oath or affirmation, regarding the 
     allegations and any other relevant questions arising out of 
     the inquiry.
       (4) The staff may interview witnesses, examine documents 
     and other evidence, and request that submitted statements be 
     under oath or affirmation and that documents be certified as 
     to their authenticity and accuracy.
       (5) The subcommittee, by a majority vote of its members, 
     may require, by subpoena or otherwise, the attendance and 
     testimony of witnesses and the production of such books, 
     records, correspondence, memoranda, papers, documents, and 
     other items as it deems necessary to the conduct of the 
     inquiry. Unless the Committee otherwise provides, the 
     subpoena power shall rest in the Chair and Ranking Minority 
     Member of the Committee and a subpoena shall be issued upon 
     the request of the investigative subcommittee.
       (6) Required testimony shall be given under oath or 
     affirmation. The form of the oath or affirmation shall be: 
     ``Do you solemnly swear (or affirm) that the testimony you 
     will give before this subcommittee in the matter now under 
     consideration will be the truth, the whole truth, and nothing 
     but the truth (so help you God)?'' The oath or affirmation 
     shall be administered by the Chair or any individual 
     designated by the Chair to administer oaths.
       (c) During the inquiry, the procedure respecting the 
     admissibility of evidence and rulings shall be as follows:
       (1) Any relevant evidence shall be admissible unless the 
     evidence is privileged under the precedents of the House of 
     Representatives.
       (2) The Chair of the subcommittee or other presiding member 
     at any investigative subcommittee proceeding shall rule upon 
     any question of admissibility or relevance of evidence, 
     motion, procedure, or any other matter, and may direct any 
     witness to answer any question under penalty of contempt. A 
     witness, witness counsel, or a member of the subcommittee may 
     appeal any rulings to the members present at that proceeding. 
     A majority vote of the members present at such proceeding on 
     such appeal shall govern the question of admissibility, and 
     no appeal shall lie to the Committee.
       (3) Whenever a person is determined by a majority vote to 
     be in contempt of the subcommittee, the matter may be 
     referred to the Committee to determine whether to refer the 
     matter to the House of Representatives for consideration.
       (4) Committee counsel may, subject to subcommittee 
     approval, enter into stipulations with a respondent and/or 
     the respondent's counsel as to facts that are not in dispute.
       (d) Upon an affi !native vote of a majority of the 
     subcommittee members, and an affirmative vote of a majority 
     of the full Committee, an investigative subcommittee may 
     expand the scope of its inquiry.
       (e) Upon completion of the inquiry, the staff shall draft 
     for the investigative subcommittee a report that shall 
     contain a comprehensive summary of the information received 
     regarding the alleged violations.
       (f) Upon completion of the inquiry, an investigative 
     subcommittee, by a majority vote of its members, may adopt a 
     Statement of Alleged Violation if it determines 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. If more than one violation is alleged, such 
     Statement shall be divided into separate counts. Each count 
     shall relate to a separate violation, shall contain a plain 
     and concise statement of the alleged facts of such violation, 
     and shall include a reference to the provision of the Code of 
     Official Conduct or law, rule, regulation, or other 
     applicable standard of conduct governing the performance of 
     duties or discharge of responsibilities alleged to have been 
     violated. A copy of such Statement shall be transmitted to 
     the respondent and the respondent's counsel.
       (g) If the investigative subcommittee does not adopt a 
     Statement of Alleged Violation, it shall transmit to the 
     Committee a report containing a summary of the information 
     received in the inquiry, its conclusions and reasons 
     therefore, and any appropriate recommendation.
       (h) An investigative subcommittee may transmit a single 
     report regarding multiple respondents, but shall adopt a 
     separate Statement of Alleged Violation for each respondent 
     where applicable.


         Rule 20. Amendments to Statements of Alleged Violation

       (a) 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
       (b) 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.


               Rule 21. Committee Reporting Requirements

       (a) 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;
       (b) Whenever an investigative subcommittee adopts a 
     Statement of Alleged Violation but recommends that no further 
     action be taken, it shall transmit a report to the Committee 
     regarding the Statement of Alleged Violation; and
       (c) Whenever an investigative subcommittee adopts a 
     Statement of Alleged Violation, the respondent admits to the 
     violations set forth in such Statement, the respondent waives 
     the right to an adjudicatory hearing, and the respondent's 
     waiver is approved by the Committee--
       (1) 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;
       (2) the respondent may submit views in writing regarding 
     the final draft to the subcommittee within 7 calendar days of 
     receipt of that draft;
       (3) 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 (2), 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
       (4) 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 (2) and any additional views respondent may 
     submit for attachment to the final report; and
       (d) 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.


                      Rule 22. Respondent's Answer

       (a)(1) Within 30 days from the date of transmittal of a 
     Statement of Alleged Violation, the respondent shall file 
     with the investigative subcommittee an answer, in writing and 
     under oath, signed by respondent and respondent's counsel. 
     Failure to file an answer within the time prescribed shall be 
     considered by the Committee as a denial of each count.
       (2) The answer shall contain an admission to or denial of 
     each count set forth in the Statement of Alleged Violation 
     and may include negative, affirmative, or alternative 
     defenses and any supporting evidence or other relevant 
     information.
       (b) The respondent may file a Motion for a Bill of 
     Particulars within 10 days of the date of transmittal of the 
     Statement of Alleged Violation. If a Motion for a Bill of 
     Particulars is filed, the respondent shall not be required to 
     file an answer until 20 days after the subcommittee has 
     replied to such motion.
       (c)(1) The respondent may file a Motion to Dismiss within 
     10 days of the date of transmittal of the Statement of 
     Alleged Violation or, if a Motion for a Bill of Particulars 
     has been filed, within 10 days of the date of the 
     subcommittee's reply to the Motion for a Bill of Particulars. 
     If a Motion to Dismiss is filed, the respondent shall not be 
     required to file an answer until 20 days after the 
     subcommittee has replied to the Motion to Dismiss, unless the 
     respondent previously filed a Motion for a Bill of 
     Particulars, in which case the respondent shall not be 
     required to file an answer until 10 days after the 
     subcommittee has replied to the Motion to Dismiss. The 
     investigative subcommittee shall rule upon any motion to 
     dismiss filed during the period between the establishment of 
     the subcommittee and the subcommittee's transmittal of a 
     report or Statement of Alleged Violation to the Committee or 
     to the Chair and Ranking Minority Member at the conclusion of 
     an inquiry, and no appeal of the subcommittee's ruling shall 
     lie to the Committee.
       (2) A Motion to Dismiss may be made on the grounds that the 
     Statement of Alleged Violation fails to state facts that 
     constitute a violation of the Code of Official Conduct or 
     other applicable law, rule, regulation, or standard of 
     conduct, or on the grounds that the Committee lacks 
     jurisdiction to consider the allegations contained in the 
     Statement.
       (d) Any motion filed with the subcommittee pursuant to this 
     rule shall be accompanied by a Memorandum of Points and 
     Authorities.
       (e)(1) The Chair of the investigative subcommittee, for 
     good cause shown, may permit the respondent to file an answer 
     or motion after the day prescribed above.
       (2) If the ability of the respondent to present an adequate 
     defense is not adversely affected and special circumstances 
     so require, the Chair of the investigative subcommittee may 
     direct the respondent to file

[[Page H2644]]

     an answer or motion prior to the day prescribed above.
       (f) If the day on which any answer, motion, reply, or other 
     pleading must be filed falls on a Saturday, Sunday, or public 
     holiday, such filing shall be made on the first business day 
     thereafter.
       (g) As soon as practicable after an answer has been filed 
     or the time for such filing has expired, the Statement of 
     Alleged Violation and any answer, motion, reply, or other 
     pleading connected therewith shall be transmitted by the 
     Chair of the investigative subcommittee to the Chair and 
     Ranking Minority Member of the Committee.


                     Rule 23. Adjudicatory Hearings

       (a) If a Statement of Alleged Violation is transmitted to 
     the Chair and Ranking Minority Member pursuant to Rule 22, 
     and no waiver pursuant to Rule 26(b) has occurred, the Chair 
     shall designate the members of the Committee who did not 
     serve on the investigative subcommittee to serve on an 
     adjudicatory subcommittee. The Chair and Ranking Minority 
     Member of the Committee shall be the Chair and Ranking 
     Minority Member of the adjudicatory subcommittee unless they 
     served on the investigative subcommittee. The respondent 
     shall be notified of the designation of the adjudicatory 
     subcommittee and shall have 10 days after such notice is 
     transmitted to object to the participation of any 
     subcommittee member. Such objection shall be in writing and 
     shall be on the grounds that the member cannot render an 
     impartial and unbiased decision. The members of the Committee 
     shall engage in a collegial discussion regarding such 
     objection. The member against whom the objection is made 
     shall be the sole judge of any disqualification and may 
     choose to seek disqualification from serving on the 
     subcommittee pursuant to Rule 9(e).
       (b) A majority of the adjudicatory subcommittee membership 
     plus one must be present at all times for the conduct of any 
     business pursuant to this rule.
       (c) The adjudicatory subcommittee shall hold a hearing to 
     determine whether any counts in the Statement of Alleged 
     Violation have been proved by clear and convincing evidence 
     and shall make findings of fact, except where such violations 
     have been admitted by respondent.
       (d) The subcommittee may require, by subpoena or otherwise, 
     the attendance and testimony of such witnesses and production 
     of such books, records, correspondence, memoranda, papers, 
     documents, and other items as it deems necessary. A subpoena 
     for documents may specify terms of return other than at a 
     meeting or hearing of the subcommittee. Depositions, 
     interrogatories, and sworn statements taken under any 
     investigative subcommittee direction may be accepted into the 
     hearing record.
       (e) The procedures set forth in clause 2(g)(1)-(4), (6)-(7) 
     and (k) of Rule XI of the Rules of the House of 
     Representatives shall apply to adjudicatory hearings. All 
     such hearings shall be open to the public unless the 
     adjudicatory subcommittee, pursuant to such clause; 
     determines that the hearings or any part thereof should be 
     closed.
       (f)(1) The adjudicatory subcommittee shall, in writing, 
     notify the respondent that the respondent and respondent's 
     counsel have the right to inspect, review, copy, or 
     photograph books, papers, documents, photographs, or other 
     tangible objects that committee counsel intends to use as 
     evidence against the respondent in an adjudicatory hearing. 
     The respondent shall be given access to such evidence, and 
     shall be provided the names of witnesses committee counsel 
     intends to call, and a summary of their expected testimony, 
     no less than 15 calendar days prior to any such hearing. 
     Except in extraordinary circumstances, no evidence may be 
     introduced or witness called in an adjudicatory hearing 
     unless the respondent has been afforded a prior opportunity 
     to review such evidence or has been provided the name of the 
     witness.
       (2) After a witness has testified on direct examination at 
     an adjudicatory hearing, the Committee, at the request of the 
     respondent, shall make available to the respondent any 
     statement of the witness in the possession of the Committee 
     which relates to the subject matter as to which the witness 
     has testified.
       (3) Any other testimony, statement, or documentary evidence 
     in the possession of the Committee which is material to the 
     respondent's defense shall, upon request, be made available 
     to the respondent.
       (g) No less than 5 days prior to the hearing, the 
     respondent or counsel shall provide the adjudicatory 
     subcommittee with the names of witnesses expected to be 
     called, summaries of their expected testimony, and copies of 
     any documents or other evidence proposed to be introduced.
       (h) The respondent or counsel may apply to the subcommittee 
     for the issuance of subpoenas for the appearance of witnesses 
     or the production of evidence. The application shall be 
     granted upon a showing by the respondent that the proposed 
     testimony or evidence is relevant and not otherwise available 
     to respondent. The application may be denied if not made at a 
     reasonable time or if the testimony or evidence would be 
     merely cumulative.
       (i) No later than two weeks or 5 legislative days after the 
     Chair of the Committee designates members to serve on an 
     adjudicatory subcommittee, whichever is later, the Chair of 
     the adjudicatory subcommittee shall establish a schedule and 
     procedure for the hearing and for prehearing matters. The 
     procedures may be changed either by the Chair of the 
     adjudicatory subcommittee or a by a majority vote of the 
     members of the subcommittee. If the Chair makes prehearing 
     rulings upon any question of admissibility or relevance of 
     evidence, motion, procedure, or any other matter, the Chair 
     shall make available those rulings to all subcommittee 
     members at the time of the ruling.
       (j) The procedures regarding the admissibility of evidence 
     and rulings shall be as follows:
       (1) Any relevant evidence shall be admissible unless the 
     evidence is privileged under the precedents of the House of 
     Representatives.
       (2) The Chair of the subcommittee or other presiding member 
     at an adjudicatory subcommittee hearing shall rule upon any 
     question of admissibility or relevance of evidence, motion, 
     procedure, or any other matter, and may direct any witness to 
     answer any question under penalty of contempt. A witness, 
     witness counsel, or a member of the subcommittee may appeal 
     any ruling to the members present at that proceeding. A 
     majority vote of the members present at such proceeding on 
     such an appeal shall govern the question of admissibility and 
     no appeal shall lie to the Committee.
       (3) Whenever a witness is deemed by a Chair or other 
     presiding member to be in contempt of the subcommittee, the 
     matter may be referred to the Committee to determine whether 
     to refer the matter to the House of Representatives for 
     consideration.
       (4) Committee counsel may, subject to subcommittee 
     approval, enter into stipulations with the respondent and/or 
     the respondent's counsel as to facts that are not in dispute.
       (k) Unless otherwise provided, the order of an adjudicatory 
     hearing shall be as follows:
       (1) The Chair and Ranking Minority Member of the 
     subcommittee shall open the hearing with equal time and 
     during which time, the Chair shall state the adjudicatory 
     subcommittee's authority to conduct the hearing and the 
     purpose of the hearing.
       (2) The Chair shall then recognize Committee counsel and 
     the respondent's counsel, in turn, for the purpose of giving 
     opening statements.
       (3) Testimony from witnesses and other relevant evidence 
     shall be received in the following order whenever possible:
       (i) witnesses (deposition transcripts and affidavits 
     obtained during the inquiry may be used in lieu of live 
     witnesses) and other evidence offered by Committee counsel,
       (ii) witnesses and other evidence offered by the 
     respondent,
       (iii) rebuttal witnesses, as permitted by the Chair.
       (4) Witnesses at a hearing shall be examined first by 
     counsel calling such witness. The opposing counsel may then 
     cross-examine the witness. Redirect examination and recross 
     examination by counsel may be permitted at the Chair's 
     discretion. Subcommittee members may then question witnesses. 
     Unless otherwise directed by the Chair, questions by 
     Subcommittee members shall be conducted under the five-minute 
     rule.
       (5) The Chair shall then recognize Committee counsel and 
     respondent's counsel, in turn, for the purpose of giving 
     closing arguments. Committee counsel may reserve time for 
     rebuttal argument, as permitted by the Chair.
       (1) A subpoena to a witness to appear at a hearing shall be 
     served sufficiently in advance of that witness' scheduled 
     appearance to allow the witness a reasonable period of time, 
     as determined by the Chair of the adjudicatory subcommittee, 
     to prepare for the hearing and to employ counsel.
       (m) Each witness appearing before the subcommittee shall be 
     furnished a printed or electronic copy of the Committee 
     rules, the relevant provisions of the Rules of the House of 
     Representatives applicable to the rights of witnesses, and a 
     copy of the Statement of Alleged Violation.
       (n) Testimony of all witnesses shall be taken under oath or 
     affirmation. The form of the oath or affirmation shall be: 
     ``Do you solemnly swear (or affirm) that the testimony you 
     will give before this subcommittee in the matter now under 
     consideration will be the truth, the whole truth, and nothing 
     but the truth (so help you God)?'' The oath or affirmation 
     shall be administered by the Chair or Committee member 
     designated by the Chair to administer oaths.
       (o) At an adjudicatory hearing, the burden of proof rests 
     on Committee counsel to establish the facts alleged in the 
     Statement of Alleged Violation by clear and 
     convincing evidence. However, Committee counsel need not 
     present any evidence regarding any count that is admitted 
     by the respondent or any fact stipulated. Committee 
     counsel or respondent's counsel may move the adjudicatory 
     subcommittee to make a finding that there is no material 
     fact at issue. If the adjudicatory subcommittee finds that 
     there is no material fact at issue, the burden of proof 
     will be deemed satisfied.
       (p) As soon as practicable after all testimony and evidence 
     have been presented, the subcommittee shall consider each 
     count contained in the Statement of Alleged Violation and 
     shall determine by a majority vote of its members whether 
     each count has been proved. If a majority of the subcommittee 
     does not vote that a count has been proved, a motion to 
     reconsider that vote may be made only by a member who voted 
     that the count was not proved. A count that is not proved 
     shall be considered as dismissed by the subcommittee.
       (q) The findings of the adjudicatory subcommittee shall be 
     reported to the Committee.

[[Page H2645]]

  



   Rule 24. Sanction Hearing and Consideration of Sanctions or Other 
                            Recommendations

       (a) If no count in a Statement of Alleged Violation is 
     proved, the Committee shall prepare a report to the House of 
     Representatives, based upon the report of the adjudicatory 
     subcommittee.
       (b) If an adjudicatory subcommittee completes an 
     adjudicatory hearing pursuant to Rule 23 and reports that any 
     count of the Statement of Alleged Violation has been proved, 
     a hearing before the Committee shall be held to receive oral 
     and/or written submissions by counsel for the Committee and 
     counsel for the respondent as to the sanction the Committee 
     should recommend to the House of Representatives with respect 
     to such violations. Testimony by witnesses shall not be heard 
     except by written request and vote of a majority of the 
     Committee.
       (c) Upon completion of any proceeding held pursuant to 
     clause (b), the Committee shall consider and vote on a motion 
     to recommend to the House of Representatives that the House 
     take disciplinary action. If a majority of the Committee does 
     not vote in favor of the recommendation that the House of 
     Representatives take action, a motion to reconsider that vote 
     may be made only by a member who voted against the 
     recommendation. The Committee may also, by majority vote, 
     adopt a motion to issue a Letter of Reproval or take other 
     appropriate Committee action.
       (d) If the Committee determines a Letter of Reproval 
     constitutes sufficient action, the Committee shall include 
     any such letter as a part of its report to the House of 
     Representatives.
       (e) With respect to any proved counts against a Member of 
     the House of Representatives, the Committee may recommend to 
     the House one or more of the following sanctions:
       (1) Expulsion from the House of Representatives.
       (2) Censure.
       (3) Reprimand.
       (4) Fine.
       (5) Denial or limitation of any right, power, privilege, or 
     immunity of the Member if under the Constitution the House of 
     Representatives may impose such denial or limitation.
       (6) Any other sanction determined by the Committee to be 
     appropriate.
       (f) With respect to any proved counts against an officer or 
     employee of the House of Representatives, the Committee may 
     recommend to the House one or more of the following 
     sanctions:
       (1) Dismissal from employment.
       (2) Reprimand.
       (3) Fine.
       (4) Any other sanction determined by the Committee to be 
     appropriate.
       (g) With respect to the sanctions that the Committee may 
     recommend, reprimand is appropriate for serious violations, 
     censure is appropriate for more serious violations, and 
     expulsion of a Member or dismissal of an officer or employee 
     is appropriate for the most serious violations. A 
     recommendation of a fine is appropriate in a case in which it 
     is likely that the violation was committed to secure a 
     personal financial benefit; and a recommendation of a denial 
     or limitation of a right, power, privilege, or immunity of a 
     Member is appropriate when the violation bears upon the 
     exercise or holding of such right, power, privilege, or 
     immunity. This clause sets forth general guidelines and does 
     not limit the authority of the Committee to recommend other 
     sanctions.
       (h) The Committee report shall contain an appropriate 
     statement of the evidence supporting the Committee's findings 
     and a statement of the Committee's reasons for the 
     recommended sanction.


      Rule 25. Disclosure of Exculpatory Information to Respondent

       If the Committee, or any investigative or adjudicatory 
     subcommittee at any time receives any exculpatory information 
     respecting a Complaint or Statement of Alleged Violation 
     concerning a respondent, it shall make such information known 
     and available to the respondent as soon as practicable, but 
     in no event later than the transmittal of evidence supporting 
     a proposed Statement of Alleged Violation pursuant to Rule 
     26(c). If an investigative subcommittee does not adopt a 
     Statement of Alleged Violation, it shall identify any 
     exculpatory information in its possession at the conclusion 
     of its inquiry and shall include such information, if any, in 
     the subcommittee's final report to the Committee regarding 
     its inquiry. For purposes of this rule, exculpatory evidence 
     shall be any evidence or information that is substantially 
     favorable to the respondent with respect to the allegations 
     or charges before an investigative or adjudicatory 
     subcommittee.


              Rule 26. Rights of Respondents and Witnesses

       (a) A respondent shall be informed of the right to be 
     represented by counsel, to be provided at the respondent's 
     own expense.
       (b) A respondent may seek to waive any procedural rights or 
     steps in the disciplinary process. A request for waiver must 
     be in writing, signed by the respondent, and must detail what 
     procedural steps the respondent seeks to waive. Any such 
     request shall be subject to the acceptance of the Committee 
     or subcommittee, as appropriate.
       (c) 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.
       (d) Neither the respondent nor respondent's counsel shall, 
     directly or indirectly, contact the subcommittee or any 
     member thereof during the period of time set forth in 
     paragraph (c) except for the sole purpose of settlement 
     discussions where counsels for the respondent and the 
     subcommittee are present.
       (e) 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 (c) 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.
       (f) Evidence provided pursuant to paragraph (c) or (e) 
     shall be made available to the respondent and respondent's 
     counsel only after each agrees, in writing, that no document, 
     information, or other materials obtained pursuant to that 
     paragraph shall be made public until--
       (1) such time as a Statement of Alleged Violation is made 
     public by the Committee if the respondent has waived the 
     adjudicatory hearing; or
       (2) the commencement of an adjudicatory hearing if the 
     respondent has not waived an adjudicatory hearing; but the 
     failure of respondent and respondent's 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 referenced to in (c).
       (g) If the Committee issues a report with respect to a 
     claim referred to the Committee by the Office of 
     Congressional Workplace Rights pursuant to Section 416(e) of 
     the Congressional Accountability Act of 1995, the Committee 
     shall ensure that the report does not directly disclose the 
     identity or position of the individual who filed the claim.
       (h) A respondent shall receive written notice whenever--
       (1) the Chair and Ranking Minority Member determine that 
     information the Committee has received constitutes a 
     complaint;
       (2) a complaint or allegation is transmitted to an 
     investigative subcommittee;
       (3) that subcommittee votes to authorize its first subpoena 
     or to take testimony under oath, whichever occurs first;
       (4) the Committee votes to expand the scope of the inquiry 
     of an investigative subcommittee; and
       (5) the Committee or an investigative subcommittee 
     determines to take into evidence the trial transcript or 
     exhibits admitted into evidence at a criminal trial pursuant 
     to Rule 18(e)(3).
       (i) Whenever an investigative subcommittee adopts a 
     Statement of Alleged Violation and a respondent enters into 
     an agreement with that subcommittee to settle an 
     investigation, in whole or in part, on which the Statement is 
     based, that agreement, unless the respondent requests 
     otherwise, shall be in writing and signed by the respondent 
     and the respondent's counsel, the Chair and Ranking Minority 
     Member of the subcommittee, and outside counsel, if any.
       (j) Statements or information derived solely from a 
     respondent or respondent's 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.
       (k) Whenever a motion to establish an investigative 
     subcommittee does not prevail, the Committee shall promptly 
     send a letter to the respondent(s) informing the 
     respondent(s) of such vote.
       (1) Witnesses shall be afforded a reasonable period of 
     time, as determined by the Committee or subcommittee, to 
     prepare for an appearance before an investigative 
     subcommittee or for an adjudicatory hearing and to obtain 
     counsel.
       (m) Prior to their testimony, witnesses shall be furnished 
     a printed or electronic copy of the Committee's Rules and the 
     provisions of the Rules of the House of Representatives 
     applicable to the rights of witnesses.
       (n) Witnesses may be accompanied by their own counsel for 
     the purpose of advising them concerning their constitutional 
     rights. The Chair may punish breaches of order and decorum, 
     and of professional responsibility on the part of counsel, by 
     censure and exclusion from the hearings; and the Committee 
     may cite the offender to the House of Representatives for 
     contempt.
       (o) Each witness subpoenaed to provide testimony or other 
     evidence shall be provided the same per diem rate as 
     established, authorized, and regulated by the Committee on 
     House Administration for Members, officers, and employees of 
     the House, and, as the Chair considers appropriate, actual 
     expenses of travel to or from the place of examination. No 
     compensation shall be authorized

[[Page H2646]]

     for attorney's fees or for a witness' lost earnings. Such per 
     diem may not be paid if a witness had been summoned at the 
     place of examination.
       (p) With the approval of the Committee, a witness, upon 
     request, may be provided with a transcript of the witness' 
     own deposition or other testimony taken in executive session, 
     or, with the approval of the Chair and Ranking Minority 
     Member, may be permitted to examine such transcript in the 
     office of the Committee. Any such request shall be in writing 
     and shall include a statement that the witness, and counsel, 
     agree to maintain the confidentiality of all executive 
     session proceedings covered by such transcript.


                       Rule 27. Frivolous Filings

       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, the Committee may take such action 
     as it, by an affirmative vote of a majority deems appropriate 
     in the circumstances.


           Rule 28. Referrals to Federal or State Authorities

       Referrals made under clause 3(a)(3) of Rule XI of the Rules 
     of the House of Representatives may be made by an affirmative 
     vote of two-thirds of the members of the Committee.

                          ____________________