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[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 240 Engrossed in House (EH)]

                 In the House of Representatives, U.S.,

                                                        April 27, 2005.
    Resolved, That clause 3 of rule XI of the Rules of the House of 
Representatives (relating to the Committee on Standards of Official Conduct) is 
amended as follows:
            (1) Subparagraph (2) of paragraph (b) is amended to read as follows:
    ``(2) Except in the case of an investigation undertaken by the committee on 
its own initiative, the committee may undertake an investigation relating to the 
official conduct of an individual Member, Delegate, Resident Commissioner, 
officer, or employee of the House only--
            ``(A) upon receipt of information offered as a complaint, in writing 
        and under oath, from a Member, Delegate, or Resident Commissioner and 
        transmitted to the committee by such Member, Delegate, or Resident 
        Commissioner; or
            ``(B) upon receipt of information offered as a complaint, in writing 
        and under oath, from a person not a Member, Delegate, or Resident 
        Commissioner provided that a Member, Delegate, or Resident Commissioner 
        certifies in writing to the committee that he believes the information 
        is submitted in good faith and warrants the review and consideration of 
        the committee.
If a complaint is not disposed of within the applicable periods set forth in the 
rules of the Committee on Standards of Official Conduct, the chairman and 
ranking minority member shall establish jointly an investigative subcommittee 
and forward the complaint, or any portion thereof, to that subcommittee for its 
consideration. However, if at any time during those periods either the chairman 
or ranking minority member places on the agenda the issue of whether to 
establish an investigative subcommittee, then an investigative subcommittee may 
be established only by an affirmative vote of a majority of the members of the 
committee.''.
            (2) Paragraph (k) is amended to read as follows:
``Duties of chairman and ranking minority member regarding properly filed 
              complaints
    ``(k)(1) The committee shall adopt rules providing that whenever the 
chairman and ranking minority member jointly determine that information 
submitted to the committee meets the requirements of the rules of the committee 
for what constitutes a complaint, they shall have 45 calendar days or five 
legislative days, whichever is later, after that determination (unless the 
committee by an affirmative vote of a majority of its members votes otherwise) 
to--
            ``(A) recommend to the committee that it dispose of the complaint, 
        or any portion thereof, in any manner that does not require action by 
        the House, which may include dismissal of the complaint or resolution of 
        the complaint by a letter to the Member, officer, or employee of the 
        House against whom the complaint is made;
            ``(B) establish an investigative subcommittee; or
            ``(C) request that the committee extend the applicable 45-calendar 
        day or five-legislative day period by one additional 45-calendar day 
        period when they determine more time is necessary in order to make a 
        recommendation under subdivision (A).
    ``(2) The committee shall adopt rules providing that if the chairman and 
ranking minority member jointly determine that information submitted to the 
committee meets the requirements of the rules of the committee for what 
constitutes a complaint, and the complaint is not disposed of within the 
applicable time periods under subparagraph (1), then they shall establish an 
investigative subcommittee and forward the complaint, or any portion thereof, to 
that subcommittee for its consideration. However, if, at any time during those 
periods, either the chairman or ranking minority member places on the agenda the 
issue of whether to establish an investigative subcommittee, then an 
investigative subcommittee may be established only by an affirmative vote of a 
majority of the members of the committee.''.
            (3) Paragraphs (p) and (q) are amended to read as follows:
``Due process rights of respondents
    ``(p) The committee shall adopt rules to provide that--
            ``(1) not less than 10 calendar days before a scheduled vote by an 
        investigative subcommittee on a statement of alleged violation, the 
        subcommittee shall provide the respondent with a copy of the statement 
        of alleged violation it intends to adopt together with all evidence it 
        intends to use to prove those charges which it intends to adopt, 
        including documentary evidence, witness testimony, memoranda of witness 
        interviews, and physical evidence, unless the subcommittee by an 
        affirmative vote of a majority of its members decides to withhold 
        certain evidence in order to protect a witness; but if such evidence is 
        withheld, the subcommittee shall inform the respondent that evidence is 
        being withheld and of the count to which such evidence relates;
            ``(2) neither the respondent nor his counsel shall, directly or 
        indirectly, contact the subcommittee or any member thereof during the 
        period of time set forth in paragraph (1) except for the sole purpose of 
        settlement discussions where counsel for the respondent and the 
        subcommittee are present;
            ``(3) if, at any time after the issuance of a statement of alleged 
        violation, the committee or any subcommittee thereof determines that it 
        intends to use evidence not provided to a respondent under paragraph (1) 
        to prove the charges contained in the statement of alleged violation (or 
        any amendment thereof), such evidence shall be made immediately 
        available to the respondent, and it may be used in any further 
        proceeding under the rules of the committee;
            ``(4) evidence provided pursuant to paragraph (1) or (3) shall be 
        made available to the respondent and his or her counsel only after each 
        agrees, in writing, that no document, information, or other materials 
        obtained pursuant to that paragraph shall be made public until--
                    ``(A) such time as a statement of alleged violation is made 
                public by the committee if the respondent has waived the 
                adjudicatory hearing; or
                    ``(B) the commencement of an adjudicatory hearing if the 
                respondent has not waived an adjudicatory hearing;
        but the failure of respondent and his counsel to so agree in writing, 
        and their consequent failure to receive the evidence, shall not preclude 
        the issuance of a statement of alleged violation at the end of the 
        period referred to in paragraph (1);
            ``(5) a respondent shall receive written notice whenever--
                    ``(A) the chairman and ranking minority member determine 
                that information the committee has received constitutes a 
                complaint;
                    ``(B) a complaint or allegation is transmitted to an 
                investigative subcommittee;
                    ``(C) an investigative subcommittee votes to authorize its 
                first subpoena or to take testimony under oath, whichever occurs 
                first; or
                    ``(D) an investigative subcommittee votes to expand the 
                scope of its investigation;
            ``(6) whenever an investigative subcommittee adopts a statement of 
        alleged violation and a respondent enters into an agreement with that 
        subcommittee to settle a complaint on which that statement is based, 
        that agreement, unless the respondent requests otherwise, shall be in 
        writing and signed by the respondent and respondent's counsel, the 
        chairman and ranking minority member of the subcommittee, and the 
        outside counsel, if any;
            ``(7) statements or information derived solely from a respondent or 
        his counsel during any settlement discussions between the committee or a 
        subcommittee thereof and the respondent shall not be included in any 
        report of the subcommittee or the committee or otherwise publicly 
        disclosed without the consent of the respondent; and
            ``(8) whenever a motion to establish an investigative subcommittee 
        does not prevail, the committee shall promptly send a letter to the 
        respondent informing him of such vote.
``Committee reporting requirements
    ``(q) The committee shall adopt rules to provide that--
            ``(1) whenever an investigative subcommittee does not adopt a 
        statement of alleged violation and transmits a report to that effect to 
        the committee, the committee may by an affirmative vote of a majority of 
        its members transmit such report to the House of Representatives;
            ``(2) whenever an investigative subcommittee adopts a statement of 
        alleged violation, the respondent admits to the violations set forth in 
        such statement, the respondent waives his or her right to an 
        adjudicatory hearing, and the respondent's waiver is approved by the 
        committee--
                    ``(A) the subcommittee shall prepare a report for 
                transmittal to the committee, a final draft of which shall be 
                provided to the respondent not less than 15 calendar days before 
                the subcommittee votes on whether to adopt the report;
                    ``(B) the respondent may submit views in writing regarding 
                the final draft to the subcommittee within seven calendar days 
                of receipt of that draft;
                    ``(C) the subcommittee shall transmit a report to the 
                committee regarding the statement of alleged violation together 
                with any views submitted by the respondent pursuant to 
                subdivision (B), and the committee shall make the report 
                together with the respondent's views available to the public 
                before the commencement of any sanction hearing; and
                    ``(D) the committee shall by an affirmative vote of a 
                majority of its members issue a report and transmit such report 
                to the House of Representatives, together with the respondent's 
                views previously submitted pursuant to subdivision (B) and any 
                additional views respondent may submit for attachment to the 
                final report; and
            ``(3) members of the committee shall have not less than 72 hours to 
        review any report transmitted to the committee by an investigative 
        subcommittee before both the commencement of a sanction hearing and the 
        committee vote on whether to adopt the report.''.
            Attest:

                                                                          Clerk.
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