[House Report 105-250]
[From the U.S. Government Publishing Office]



105th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 1st Session                                                    105-250
_______________________________________________________________________


 
    PROVIDING FOR CONSIDERATION OF THE RESOLUTION (H. RES. 168) TO 
  IMPLEMENT THE RECOMMENDATIONS OF THE BIPARTISAN HOUSE ETHICS REFORM 
                               TASK FORCE

                                _______
                                

 September 17, 1997.--Referred to the House Calendar and ordered to be 
                                printed

_______________________________________________________________________


   Mr. Solomon, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 230]

    The Committee on Rules, having had under consideration 
House Resolution 230, by a record vote of 5 to 3, report the 
same to the House with the recommendation that the resolution 
be adopted.

               brief summary of provisions of resolution

    The resolution provides for consideration of the resolution 
(H. Res. 168) ``To Implement the Recommendations of the 
Bipartisan House Ethics Reform Task Force'' under a modified 
closed rule. The rule provides one hour of general debate 
divided equally between Representative Livingston and 
Representative Cardin.
    The rule provides that no amendments will be in order 
except those printed in this report, which may be considered 
only in the order printed in the report, may be offered only by 
a member designated in the report, will be debatable for the 
time specified in the report, and will not be subject to 
amendment.
    Finally, the rule provides for one motion to recommit.

                            committee votes

    Pursuant to clause 2(l)(2)(B) of House rule XI the results 
of each rollcall vote on an amendment or motion to report, 
together with the names of those voting for and against, are 
printed below:

                    rules committee rollcall no. 63

    Date: September 17, 1997.
    Measure: Rule providing for consideration of H. Res. 168.
    Motion By: Mr. Moakley.
    Summary of Motion: Amendment in the nature of a substitute 
providing a modified closed rule, making in order a Livingston-
Cardin amendment.
    Results: Rejected 3 to 5.
    Vote by Member: Drier--Nay; Diaz-Balart--Nay; McInnis--Nay; 
Hastings--Nay; Moakley--Yea; Frost--Yea; Slaughter--Yea; 
Solomon--Nay.

                    rules committee rollcall no. 64

    Date: September 17, 1997.
    Measure: Rule providing for consideration of H. Res. 168.
    Motion By: Mr. Drier.
    Summary of Motion: To report a rule providing for the 
consideration of H. Res. 168.
    Results: Adopted 5 to 3.
    Vote by Member: Drier--Yea; Diaz-Balart--Yea; McInnis--Yea; 
Hastings--Yea; Moakley--Nay; Frost--Nay; Slaughter--Nay; 
Solomon--Yea.

  summary of amendments made in order under the rule for h. res. 168, 
    recommendations of the bipartisan house ethics reform task force

    Livingston/Cardin--10 minutes: Makes the rules provided in 
H. Res. 168 applicable to all complaints filed during this or 
any subsequent Congress to prevent parliamentary confusion on 
how to process complaints filed between the time of the 
expiration of the moratorium (Sept. 10, 1997) and the adoption 
of H. Res. 168.
    Murtha/Tauzin--30 minutes: Requires that all non-members 
filing complaints must have a Member of the House sponsor the 
complaint.
    Tauzin/Murtha--30 minutes: Provides for the dismissal 
without prejudice of a complaint 180 calendar days after a 
motion to establish an investigative subcommittee does not 
prevail. Requires that committee send a letter to the 
complainant and the respondent stating that such action has 
taken place.
    Bunning/Abercrombie--30 minutes: Requires a vote of an 
actual majority of the investigative subcommittee to expand the 
scope of the investigation and an actual majority of the 
members of the full committee to confirm it thereafter. Unless 
the full committee provides otherwise, the subpoena power shall 
rest in the chairman and ranking minority member of the full 
committee. A subpoena shall be issued upon the request of an 
investigative subcommittee only upon the vote of an actual 
majority of the subcommittee.

     1. An Amendment To Be Offered by Representative Livingston of 
    Louisiana, or Representative Cardin of Maryland, or a Designee, 
                        Debatable for 10 Minutes

    At the end, add the following new section:

SEC. 21. EFFECTIVE DATE.

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

2. An Amendment To Be Offered by Representative Murtha of Pennsylvania, 
or Representative Tauzin of Louisiana, or a Designee, Debatable for 30 
                                Minutes

    Page 9, strike line 16 and all that follows thereafter 
through page 10, line 10, and insert the following new section:

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

    (a) Filings Sponsored by Members.--Clause 4(e)(2)(B) of 
Rule X of the rules of the House of Representatives is amended 
by striking ``or submitted to'', by striking ``a complaint'' 
and inserting ``information offered as a complaint'', and by 
amending clause (ii) to read as follows:
          ``(ii) upon receipt of information offered as a 
        complaint, in writing and under oath, from an 
        individual not a Member of the House provided that a 
        Member of the House certifies in writing to the 
        committee that he or she believes the information is 
        submitted in good faith and warrants the review and 
        consideration of the committee.
    Page 10, strike line 12 and all that follows thereafter 
through page 11, line 23, and on line 24, strike ``(b) Time for 
Determination.--.''
                              ----------                              


3. An Amendment To Be Offered by Representative Tauzin of Louisiana or 
Representative Murtha of Pennsylvania, or a Designee, Debatable for 30 
                                Minutes

    Page 14, line 21, after the period, add the following new 
sentence: ``If 180 calendar days have passed since a motion to 
establish an investigative subcommittee did not prevail, the 
complaint shall be dismissed without prejudice.''.
    Page 15, line 12, before the quotation marks, add the 
following new sentence: ``If 180 calendar days have passed 
since a motion to establish an investigative subcommittee did 
not prevail, the complaint shall be dismissed without 
prejudice.''.
    Page 22, line 16, strike ``and'', on line 20, strike the 
period and insert ``; and'', and after line 20, insert the 
following new paragraph:
          (9) if 180 calendar days have passed since a motion 
        to establish an investigative subcommittee did not 
        prevail, the committee shall send a letter to the 
        complainant and the respondent stating that the 
        complaint has been dismissed without prejudice.
                              ----------                              


4. An Amendment To Be Offered by Representative Bunning of Kentucky, or 
 Representative Abercrombie of Hawaii, or a Designee, Debatable for 30 
                                Minutes

    Page 17, strike line 22 and all that follows thereafter 
through page 18, line 9, and insert the following:
        amended in the first sentence by inserting before the 
        period the following: ``, except in the case of a 
        subcommittee of the Committee on Standards of Official 
        Conduct, a subpoena may be authorized and issued only 
        when authorized by an affirmative vote of a majority of 
        its members''.
    Page 18, line 21, strike ``without the approval'' and 
insert ``when approved by an affirmative vote of a majority of 
the members''

                                
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