•HRES 240 EH
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 sched-
uled vote by an investigative subcommittee on a state-
ment 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 testi-
mony, 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 evi-
dence is withheld, the subcommittee shall inform the re-
spondent 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
•HRES 240 EH
discussions where counsel for the respondent and the
subcommittee are present;
‘‘(3) if, at any time after the issuance of a state-
ment of alleged violation, the committee or any sub-
committee thereof determines that it intends to use evi-
dence not provided to a respondent under paragraph (1)
to prove the charges contained in the statement of al-
leged violation (or any amendment thereof), such evi-
dence shall be made immediately available to the re-
spondent, 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 pur-
suant to that paragraph shall be made public until—
‘‘(A) such time as a statement of alleged viola-
tion is made public by the committee if the respond-
ent has waived the adjudicatory hearing; or
‘‘(B) the commencement of an adjudicatory
hearing if the respondent has not waived an adju-
dicatory 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
•HRES 240 EH
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 mem-
ber 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 au-
thorize its first subpoena or to take testimony under
oath, whichever occurs first; or
‘‘(D) an investigative subcommittee votes to ex-
pand 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 agree-
ment, unless the respondent requests otherwise, shall be
in writing and signed by the respondent and respond-
ent’s counsel, the chairman and ranking minority mem-
ber of the subcommittee, and the outside counsel, if any;
‘‘(7) statements or information derived solely from
a respondent or his counsel during any settlement dis-
cussions between the committee or a subcommittee