H. Res. 240

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
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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
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(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 investiga-
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tive 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
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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
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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
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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
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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
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the commencement of a sanction hearing and the committee vote on whether to adopt the report.’’.

Attest:

Clerk.