I
105TH CONGRESS
1ST SESSION
H. R. 957
To abolish the Committee on Standards of Official Conduct in the House
of Representatives, establish an Independent Commission on House Eth-
ics, and provide for the transfer of the duties and functions of the
committee to the Independent Commission.
IN THE HOUSE OF REPRESENTATIVES
MARCH 5, 1997
Mr. SHAYS (for himself and Mr. MCHALE) introduced the following bill; which
was referred to the Committee on Rules
A BILL
To abolish the Committee on Standards of Official Conduct
in the House of Representatives, establish an Independ-
ent Commission on House Ethics, and provide for the
transfer of the duties and functions of the committee
to the Independent Commission.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Ethics Reform Act
of 1997’’.
TITLE I—TERMINATION OF COM-
MITTEE ON STANDARDS OF
OFFICIAL CONDUCT IN THE
HOUSE 
OF 
REPRESENTA-
TIVES
SEC. 101. TERMINATION OF THE COMMITTEE ON STAND-
ARDS OF OFFICIAL CONDUCT.
(a) TERMINATION.—
(1) RULES.—Rule X of the Rules of the House
of Representatives is amended—
(A) in clause 1—
(i) by striking paragraph (p); and
(ii) by redesignating paragraphs (q),
(r), and (s) as paragraphs (p), (q), and (r),
respectively; and
(B) in clause 4—
(i) by striking paragraph (e); and
(ii) by redesignating paragraphs (f),
(g), (h), and (i) as paragraphs (e), (f), (g),
and (h), respectively.
(2) LAW.—The Ethics Reform Act of 1989
(Public Law 101–194) is amended by striking sub-
sections (b), (c), (d), and (i) of section 803 (2
U.S.C. 29d).
(b) CONFORMING AMENDMENTS.—
(1) RULES.—
(A) Clause 3(e) of rule VI of the Rules of
the House of Representatives is amended—
(i) by striking ‘‘Committee on Stand-
ards of Official Conduct’’ and inserting
‘‘Independent Commission on House Eth-
ics’’; and
(ii) by striking ‘‘clause 4(e)(1)(C) of
rule X’’ and inserting ‘‘section 203(3) the
Ethics Reform Act of 1997’’.
(B) Clause 1(m)(1) of rule X of such
Rules is amended by striking ‘‘(other than rules
or joint rules relating to the Code of Official
Conduct)’’.
(C) Clause 6(a) of rule X of such Rules is
amended—
(i) by striking subparagraph (2); and
(ii) by striking ‘‘(1)’’.
(D) Clause 2(e)(2) of rule XI of such
Rules is amended by striking ‘‘, except that in
the case of records in the Committee on Stand-
ards of Official Conduct’’ and all that follows
through ‘‘prior approval of the committee’’.
(E) Clause 2(g)(2) of rule XI of such
Rules is amended by striking ‘‘, with the excep-
tion of the Committee on Standards of Official
Conduct,’’.
(F) Clause 2(i)(1) of rule XI of such Rules
is amended by striking ‘‘the Committee on
Standards of Official Conduct,’’.
(G) Clause 4(a) of rule XI of such Rules
is amended—
(i) by striking ‘‘and the Committee on
Standards of Official Conduct’’ and all
that follows;
(ii) by inserting ‘‘and’’ before ‘‘the
Committee on Rules’’; and
(iii) by striking the semicolon after
‘‘order of business’’ and inserting a period.
(H) Clause 6(a)(2) of rule XI of such
Rules is amended by striking ‘‘the Committee
on Standards of Official Conduct and’’.
(I) Clause 7(d) of rule XIII is amended—
(i) by striking ‘‘and the Committee on
Standards of Official Conduct,’’; and
(ii) by inserting ‘‘and’’ before ‘‘the
Committee on Rules’’.
(J) Clause 1 of rule XXXII of such Rules
is amended by striking ‘‘Committee on Stand-
ards of Official Conduct’’ and inserting ‘‘Inde-
pendent Commission on House Ethics’’.
(K) Clause 12(b) of rule XLIII of such
Rules is amended by striking ‘‘Committee on
Standards of Official Conduct’’ and inserting
‘‘Independent Commission on House Ethics’’.
(L) Clause (1) of rule XLIV of such Rules
is amended by striking ‘‘Committee on Stand-
ards of Official Conduct’’ and inserting ‘‘Inde-
pendent Commission on House Ethics’’.
(M) Clauses 2(5) and 3(2) of rule XLVII
of such Rules are amended by striking ‘‘Com-
mittee on Standards of Official Conduct’’ and
inserting ‘‘Independent Commission on House
Ethics’’.
(N) Clause 5 of rule XLVIII of such Rules
is amended by striking ‘‘of the Committee on
Standards of Official Conduct and’’.
(O) Clause 7(d) of rule XLVIII of such
Rules is amended by striking ‘‘Committee on
Standards of Official Conduct’’ and inserting
‘‘Independent Commission on House Ethics’’.
(P) Clause 7(e) of rule XLVIII of such
Rules is amended by striking ‘‘Committee on
Standards of Official Conduct’’ and inserting
‘‘Independent Commission on House Ethics’’.
(Q) Clauses 1(c)(5) and (20), 1(e),
2(d)(1), and 6 of rule LI are amended by strik-
ing ‘‘Committee on Standards of Official Con-
duct’’ and inserting ‘‘Independent Commission
on House Ethics’’.
(2) LAW.—The following provisions are each
amended by striking ‘‘Committee on Standards of
Official Conduct’’ and inserting ‘‘Independent Com-
mission on House Ethics’’:
(A) Section 5(e) of Public Law 93–191 (2
U.S.C. 501(e)).
(B) Section 7342(a)(6)(A) of title 5, Unit-
ed States Code.
(C) Section 7353(d)(1) of title 5, United
States Code.
(D) Section 103(j)(1) of the Ethics in Gov-
ernment Act of 1978 (5 U.S.C. App.).
(E) Section 109(1) of the Ethics in Gov-
ernment Act of 1978 (5 U.S.C. App.).
(F) Section 109(18)(B) of the Ethics in
Government Act of 1978 (5 U.S.C. App.).
(G) Section 111(2) of the Ethics in Gov-
ernment Act of 1978 (5 U.S.C. App.).
(H) Section 503(1)(A) of the Ethics in
Government Act of 1978 (5 U.S.C. App.).
(I) Sections 416(e) and 503 of the Con-
gressional Accountability Act of 1995 (2 U.S.C.
1416(e) and 1433).
(J) Section 803 of the Ethics Reform Act
of 1989 (2 U.S.C 29d).
SEC. 102. REFERENCE TO COMMITTEE ON STANDARDS OF
OFFICIAL CONDUCT.
Any reference in a law, regulation, document, paper,
or other record of the United States to the ‘‘Committee
on Standards of Official Conduct of the House of Rep-
resentatives’’ shall be deemed to be a reference to the
‘‘Independent Commission on House Ethics’’.
TITLE II—ESTABLISHMENT OF
COMMISSION
SEC. 201. ESTABLISHMENT AND MEMBERSHIP OF COMMIS-
SION.
(a) ESTABLISHMENT.—There is established an inde-
pendent commission within the legislative branch of the
Government to be known as the Independent Commission
on House Ethics (in this title referred to as the ‘‘Commis-
sion’’).
(b) MEMBERSHIP.—The Commission shall consist of
7 individuals appointed jointly by the Speaker and the mi-
nority leader of the House of Representatives. Appoint-
ments of the members of the Commission shall be com-
pleted not later than 90 days after the date of the enact-
ment of this Act.
(c) CHAIR.—The Chair shall be appointed from mem-
bers of the Commission jointly by the Speaker and the
minority leader of the House of Representatives.
(d) QUALIFICATIONS.—
(1) SPECIFIC QUALIFICATIONS.—Selection and
appointment of members shall be without regard to
political affiliation and solely on the basis of fitness
to perform the duties of the office.
(2) DISQUALIFICATIONS FOR APPOINTMENTS.—
(A) LOBBYING.—No individual who en-
gages in, or is otherwise employed in, lobbying
of the Congress and who is required under the
Federal Regulation of Lobbying Act to register
with the Clerk of the House of Representatives
or the Secretary of the Senate shall be eligible
for appointment to, or service on, the Commis-
sion.
(B) INCOMPATIBLE OFFICE.—No member
of the Commission appointed under subsection
(b) may hold or have held within 8 years of the
date of appointment the position of Member of
the House of Representatives, Senator, or offi-
cer or employee of the House of Representa-
tives, Senate, or instrumentality or other entity
of the legislative branch.
(3) VACANCIES.—A vacancy on the Commission
shall be filled in the manner in which the original
appointment was made.
(e) TERM OF OFFICE.—
(1) IN GENERAL.—Except as provided in para-
graph (2), membership on the Commission shall be
for 3 Congresses. A member of the Commission who
is appointed to a term of office shall only be eligible
for appointment for a single term of office.
(2) FIRST
APPOINTMENTS.—Of the members
first appointed to the Commission—
(A) 3 shall have a term of office of 3 Con-
gresses, 1 of whom shall be the Chair, as des-
ignated at the time of appointment by the per-
sons specified in subsection (b),
(B) 2 shall have a term of office of 2 Con-
gresses, and
(C) 2 shall have a term of office of 1 Con-
gress.
(f) REMOVAL.—
(1) AUTHORITY.—Any member of the Commis-
sion may be removed from office by agreement of
the appointing authorities described in subsection
(b), but only for—
(A) disability that substantially prevents
the member from carrying out the duties of the
member,
(B) incompetence,
(C) neglect of duty,
(D) malfeasance, including a felony or con-
duct involving moral turpitude, or
(E) holding an office or employment or en-
gaging in an activity that disqualifies the indi-
vidual from service as a member of the Com-
mission under subsection (d)(2).
(2) STATEMENT OF REASONS FOR REMOVAL.—
In removing a member of the Commission, the
Speaker and the minority leader of the House of
Representatives shall state in writing to the member
of the Commission being removed the specific rea-
sons for the removal.
(3) VACANCIES.—A vacancy on the Commission
shall be filled in the manner in which the original
appointment was made.
(g) COMPENSATION.—Members of the Commission
shall each be paid at a rate equal to the rate of basic pay
for level IV of the Executive Schedule.
(h) QUORUM.—A majority of the members of the
Commission shall constitute a quorum.
(i) MEETINGS.—
(1) IN GENERAL.—The Commission shall meet
at the call of the Chairperson or a majority of its
members.
(2) INITIAL MEETING.—The Commission shall
hold its initial meeting not later than 60 days after
the date on which appointments are completed.
SEC. 202. DUTIES OF COMMISSION.
The Commission is authorized—
(1) to recommend to the House of Representa-
tives, from time to time, such administrative actions
as it may deem appropriate to establish or enforce
standards of official conduct for Members, officers,
and employees of the House of Representatives;
(2) to investigate any alleged violation, by a
Member, officer, or employee of the House of Rep-
resentatives, of any law, rule, regulation, or other
standard of conduct applicable to the conduct of
such Member, officer, or employee in the perform-
ance of his duties or the discharge of his responsibil-
ities, and after notice and hearing (unless the right
to a hearing is waived by the Member, officer, or
employee), shall report to the House of Representa-
tives its findings of fact and recommendations, if
any, upon the final disposition of any such investiga-
tion, and such action as the Commission may deem
appropriate in the circumstances;
(3) to report to the appropriate Federal or
State authorities, with the approval of the House of
Representatives, any substantial evidence of a viola-
tion, by a Member, officer, or employee of the House
of Representatives, of any law applicable to the per-
formance of his duties or the discharge of his re-
sponsibilities, which may have been disclosed in a
Commission investigation;
(4) to give consideration to the request of any
Member, officer, or employee of the House of Rep-
resentatives for an advisory opinion with respect to
the general propriety of any current or proposed
conduct of such Member, officer, or employee and,
with appropriate deletions to assure the privacy of
the individual concerned, to publish such opinion for
the guidance of other Members, officers, and em-
ployees of the House of Representatives; and
(5) to provide information and guidance to
Members, officers and employees of the House of
Representatives regarding any laws, rules, regula-
tions, and other standards of conduct applicable to
such individuals in their official capacities, and de-
velop and carry out periodic educational briefings for
Members, officers, and employees of the House of
Representatives on those laws, rules, regulations, or
other standards.
SEC. 203. PROCEDURAL RULES.
(a) MAJORITY APPROVAL.—No resolution, report,
recommendation, or advisory opinion relating to the offi-
cial conduct of a Member, officer, or employee of the
House shall be made by the Commission, and no investiga-
tion of such conduct shall be undertaken by the Commis-
sion, unless approved by the affirmative vote of a majority
of the members of the Commission.
(b) INVESTIGATIONS.—Except in the case of an in-
vestigation undertaken by the Commission on its own ini-
tiative, the Commission may undertake an investigation
relating to the official conduct of an individual Member,
officer, or employee of the House of Representatives
only—
(1) upon receipt of a complaint, in writing and
under oath, made by or submitted to a Member of
the House of Representatives and transmitted to the
Commission by such Member, or
(2) upon receipt of a complaint, in writing and
under oath, directly from an individual not a Mem-
ber of the House of Representatives if the Commis-
sion finds that such complaint has been submitted
by such individual to not less than three Members
of the House who have refused, in writing, to trans-
mit such complaint to the Commission.
(c) PROHIBITION OF CERTAIN INVESTIGATIONS.—No
investigation shall be undertaken by the Commission of
any alleged violation of a law, rule, regulation, or standard
of conduct not in effect at the time of the alleged violation;
nor shall any investigation be undertaken by the Commis-
sion of any alleged violation which occurred before the
third previous Congress unless the Commission determines
that the alleged violation is directly related to any alleged
violation which occurred in a more recent Congress.
(d) DISCLOSURE.—No information or testimony re-
ceived, or the contents of a complaint or the fact of its
filing, shall be publicly disclosed by any member of the
Commission or staff of the Commission unless specifically
authorized in each instance by a vote of the full Commis-
sion.
SEC. 204. STAFF OF COMMISSION.
The Commission may appoint and fix the compensa-
tion of such staff as the Commission considers necessary
to perform its duties.
SEC. 205. ADVICE AND EDUCATION.
(a) ESTABLISHMENT.—The Independent Commission
on House Ethics shall establish within the Commission an
Office on Advice and Education (hereinafter in this section
referred to as the ‘‘Office’’) under the supervision of the
chairman of the Commission.
(b) STAFF.—The Office shall be headed by a director
who shall be appointed by the chairman and shall be com-
prised of such staff as the chairman determines is nec-
essary to carry out the responsibilities of the Office.
(c) DUTIES AND RESPONSIBILITIES.—The primary
duties and responsibilities of the Office shall include:
(1) Providing information and guidance to
Members, officers and employees of the House re-
garding any laws, rules, regulations, and other
standards of conduct applicable to such individuals
in their official capacities, and any interpretations
and advisory opinions of the Commission.
(2) Submitting to the chairman of the Commis-
sion any written request from any such Member, of-
ficer or employee for an interpretation of applicable
laws, rules, regulations, or other standards of con-
duct, together with any recommendations thereon.
(3) Recommending to the Commission for its
consideration formal advisory opinions of general ap-
plicability.
(4) Developing and carrying out, subject to the
approval of the chairman, periodic educational brief-
ings for Members, officers and employees of the
House on those laws, rules, regulations, or other
standards of conduct applicable to them.
(d) SPECIAL RULE.—No information provided to the
Commission by a Member, officer or employee of the
House of Representatives when seeking advice regarding
prospective conduct of such Member, officer or employee
may be used as the basis for initiating an investigation
under clause 4(e)(1)(B) of rule X of the Rules of the
House of Representatives, if such Member, officer or em-
ployee acts in accordance with the written advice of the
Commission.
TITLE III—GENERAL
PROVISIONS
SEC. 301. TRANSITION PROVISIONS.
In the case of investigations pending before the Com-
mittee on Standards of Official Conduct on the day before
the date of the enactment of this Act, the proceedings
shall be continued by the Independent Commission on
House Ethics.
SEC. 302. ACTION ON ETHICS COMMISSION RECOMMENDA-
TIONS.
(a) PRINTING
OF REPORTS
IN CONGRESSIONAL
RECORD.—Upon the receipt by the House of Representa-
tives of any report of the Independent Commission on
House Ethics made to the House of Representatives under
section 202(2), the Speaker shall have the report printed
in the Congressional Record.
(b) HOUSE CONSIDERATION OF ETHICS COMMISSION
RECOMMENDATIONS.—Within 30 calendar days after a re-
port referred to in subsection (a) is printed in the Con-
gressional Record, that portion of the report recommend-
ing action by the House of Representatives respecting any
alleged violation, by a Member, officer, or employee of the
House of Representatives, of any law, rule, regulation, or
other standard of conduct applicable to the conduct of
such Member, officer, or employee in the performance of
his duties or the discharge of his responsibilities shall be
introduced (by request) in the House by the majority lead-
er of the House, for himself and the minority leader of
the House in the form of a resolution. This resolution shall
constitute a question of privilege under rule IX of the
Rules of the House of Representatives. Any Member favor-
ing the resolution may call it up as a question of privilege
but only on the third day after the calendar date upon
which such Member announces to the House his intention
to do so.
SEC. 303. EXERCISE OF CONGRESSIONAL RULEMAKING
POWER.
The provisions of title I amending the Rules of the
House of Representatives and sections 301 and 302 are
enacted by Congress—
(1) as an exercise of the rulemaking power of
the House of Representatives, and as such they shall
be considered a part of the rules of the House of
Representatives and such rules shall supersede other
rules only to the extent that they are inconsistent
therewith; and
(2) with full recognition of the constitutional
right of the House of Representatives to change
such rules at any time in the same manner and to