IV 

111TH CONGRESS 

2D SESSION H. RES. 1416 

Amending the Rules of the House of Representatives regarding the public 

disclosure by the Committee on Standards of Official Conduct of written 

reports and findings of the board of the Office of Congressional Ethics, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 28, 2010 

Ms. FUDGE (for herself, Mr. THOMPSON of Mississippi, Mr. CLAY, Mr. 

ELLISON, Mr. BISHOP of Georgia, Mr. DAVIS of Illinois, Ms. CORRINE

BROWN of Florida, Ms. KILPATRICK of Michigan, Ms. EDDIE BERNICE

JOHNSON of Texas, Ms. WATERS, Ms. MOORE of Wisconsin, Mr. PAYNE, 

Ms. CLARKE, Mr. WATT, Ms. JACKSON LEE of Texas, Ms. LEE of California, Mr. MEEKS of New York, Mr. CUMMINGS, Mr. JOHNSON of Georgia, and Mr. CARSON of Indiana) submitted the following resolution; 

which was referred to the Committee on Rules, and in addition to the 

Committee on House Administration, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

RESOLUTION 

Amending the Rules of the House of Representatives regarding the public disclosure by the Committee on Standards 

of Official Conduct of written reports and findings of 

the board of the Office of Congressional Ethics, and 

for other purposes. 

1 Resolved, 


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•HRES 1416 IH 

1 SECTION 1. DISCLOSURES BY THE COMMITTEE ON STAND2 ARDS OF OFFICIAL CONDUCT. 

3 (a) Clause 3(b)(8) of rule XI of the Rules of the 

4 House of Representatives is amended to read as follows: 

5 ‘‘(8)(A)(i) If the board of the Office of Congressional 

6 Ethics transmits a report respecting any matter with a 

7 recommendation to dismiss or that is unresolved due to 

8 a tie vote, the committee shall not make a public state9 ment. 

10 ‘‘(ii) If the committee establishes an investigative 

11 subcommittee respecting any such matter, the report and 

12 findings of the board of the Office of Congressional Ethics 

13 shall not be made public until the committee has taken 

14 its final vote on the investigative subcommittee’s conclu15 sions. Such investigative subcommittee shall conclude its 

16 review within one year after the board transmits a report 

17 respecting any matter. However, the committee shall make 

18 public the report and findings upon conclusion of review 

19 of the matter if misconduct is found, but no report shall 

20 be released if dismissal is recommended or if the matter 

21 is unresolved due to a tie vote. At least one calendar day 

22 before the committee makes public any written report or 

23 findings of the board, the chairman shall notify such board 

24 and the applicable Member, officer, or employee of that 

25 fact and transmit to such individual a copy of the stateVerDate Mar 15 2010 16:25 Jun 01, 2010 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\HR1416.IH HR1416

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•HRES 1416 IH 

1 ment on the committee’s disposition of, and any committee 

2 report on, the matter. 

3 ‘‘(B) If, after receipt of a written report and any find4 ings and supporting documentation regarding a referral 

5 from the board of the Office of Congressional Ethics or 

6 of a referral of the matter from the board pursuant to 

7 a request under paragraph (r), the committee agrees to 

8 a request from an appropriate law enforcement or regu9 latory authority to defer taking action on the matter, then 

10 the committee shall make no public disclosure unless and 

11 until the committee has acted on the matter. 

12 ‘‘(C) The committee may not receive any referral 

13 from the board of the Office of Congressional Ethics with14 in 60 days before a Federal, State, or local election in 

15 which the subject of the referral is a candidate. The com16 mittee may delay any reporting requirement under this 

17 subdivision that falls within that 60-day period.’’. 

18 (b) Clause 3(e)(1) of rule XI of the Rules of the 

19 House of Representatives is amended by inserting ‘‘or a 

20 report regarding a referral from the board of the Office 

21 of Congressional Ethics’’ before ‘‘is deemed frivolous’’. 


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•HRES 1416 IH 

1 SEC. 2. PROCEDURES OF THE OFFICE OF CONGRESSIONAL 

2 ETHICS. 

3 (a) In applying House Resolution 895 (110th Con4 gress) during the 111th Congress, the following shall 

5 apply: 

6 (1) Notwithstanding the procedure set forth in 

7 section 1(c) of such House Resolution 895 to under8 take a preliminary review of any alleged violation of 

9 a Member, officer, or employee of the House, such 

10 a preliminary review may only be undertaken within 

11 7 calendar days (excluding Saturdays, Sundays, and 

12 public holidays) by the board of the Office of Con13 gressional Ethics after receipt, after the date of 

14 adoption of this resolution, of a sworn complaint 

15 from a citizen asserting personal knowledge of any 

16 alleged violation by that Member, officer, or em17 ployee of any law, rule, regulation, or other standard 

18 of conduct applicable to such individual in the per19 formance of his duties or the discharge of his re20 sponsibilities. 

21 (2) If, after the date of adoption of this resolu22 tion, the Committee on Standards of Official Con23 duct votes to dismiss any matter as frivolous or un24 founded that is referred from the board of the Office 

25 of Congressional Ethics and directs that all records 

26 of the Office of Congressional Ethics respecting such 


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1 matter be sealed, then the office shall immediately 

2 seal such records. 

3 (b) The board of the Office of Congressional Ethics 

4 is authorized and directed to amend its rules to define the 

5 standard of proof required to— 

6 (1) undertake a preliminary review; 

7 (2) commence a second-phase review of any 

8 matter under consideration; and 

9 (3) refer any matter to the Committee on 

10 Standards of Official Conduct. 

11 SEC. 3. EFFECTIVE DATE. 

12 The amendments made by section 1 shall apply to 

13 referrals from the board of the Office of Congressional 

14 Ethics received by the Committee on Standards of Official 

15 Conduct after the date of adoption of this resolution. 

Æ 


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