I
104TH CONGRESS
1ST SESSION
H. R. 2797
To abolish the Committee on Standards of Official Conduct in the House
of Representatives, establish an Independent Commission on Congres-
sional Ethics, and provide for the transfer of the duties and functions
of the Committee to the Independent Commission.
IN THE HOUSE OF REPRESENTATIVES
DECEMBER 15, 1995
Mr. VOLKMER introduced the following bill; which was referred to the Com-
mittee on Rules, and in addition to the Committee on the Judiciary, 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 com-
mittee concerned
A BILL
To abolish the Committee on Standards of Official Conduct
in the House of Representatives, establish an Independ-
ent Commission on Congressional Ethics, and provide
for the transfer of the duties and functions of the Com-
mittee 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 1995’’.
TITLE I—TERMINATION OF COM-
MITTEE ON STANDARDS OF
OFFICIAL CONDUCT IN THE
HOUSE 
OF 
REPRESENTA-
TIVES
SEC. 101. EXERCISE OF CONGRESSIONAL RULEMAKING
POWER.
The provisions of this title amending the Rules of the
House of Representatives are enacted by Congress—
(1) as an exercise of the rulemaking power of
the House of Representatives and the Senate, re-
spectively, 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
the same extent as in the case of any other rule of
such House.
SEC. 102. 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 Congres-
sional Ethics’’; and
(ii) by striking ‘‘clause 4(e)(1)(C) of
rule X’’ and inserting ‘‘section 203(3) the
Ethics Reform Act of 1995’’.
(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 Congressional Ethics’’.
(K) Clause 4 of rule XLIII of such Rules
is amended by striking ‘‘Committee on Stand-
ards of Official Conduct pursuant to clause
4(e)(1)(E) of rule X’’ and inserting ‘‘Committee
on Rules’’.
(L) Clause 12(b) of rule XLIII of such
Rules is amended by striking ‘‘Committee on
Standards of Official Conduct’’ and inserting
‘‘Independent Commission on Congressional
Ethics’’.
(M) 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 Congressional Ethics’’.
(N) Clause 2(5) of rule XLVII of such
Rules is amended by striking ‘‘Committee on
Standards of Official Conduct’’ and inserting
‘‘Independent Commission on Congressional
Ethics’’.
(O) Clause 5 of rule XLVIII of such Rules
is amended by striking ‘‘of the Committee on
Standards of Official Conduct and’’.
(P) Clause 7(d) of rule XLVIII of such
Rules is amended by striking ‘‘Committee on
Standards of Official Conduct’’ and inserting
‘‘Independent Commission on Congressional
Ethics’’.
(Q) Clause 7(e) of rule XLVIII of such
Rules is amended by striking ‘‘Committee on
Standards of Official Conduct’’ and inserting
‘‘Independent Commission on Congressional
Ethics’’.
(R) Clause 13 of rule LI of such Rules is
amended by striking ‘‘and the Rules of the
House Committee on Standards of Official Con-
duct’’.
(2) LAW.—The following provisions are each
amended by striking ‘‘the Committee on Standards
of Official Conduct of the House of Representatives’’
and inserting ‘‘the Independent Commission on Con-
gressional 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.).
(2) Two individuals appointed by the Minority
Leader of the House of Representatives.
(3) One individual appointed by the individuals
appointed under paragraphs (1) and (2).
(b) TERMS.—The term of office for a member of the
Commission shall be four years. A member shall be eligible
for two terms of office.
(c) VACANCIES.—A vacancy in the Commission shall
be filled in the manner in which the original appointment
was made.
(d) REMOVAL.—Any member of the Commission may
be removed from office by a majority decision of the ap-
pointing authorities described in subsection (a), but only
for—
(1) disability that substantially prevents the
member from carrying out the duties of the member;
(2) incompetence;
(3) neglect of duty; or
(4) malfeasance, including a felony or conduct
involving moral turpitude.
(e) COMPENSATION.—
(1) RATE OF PAY.—Except as provided in para-
graph (2), each member of the Commission shall
serve without pay or benefits.
(2) TRAVEL EXPENSES.—Each member of the
Commission may receive travel expenses, including
per diem in lieu of subsistence, in accordance with
sections 5702 and 5703 of title 5, United States
Code.
(f) QUORUM.—A majority of the members of the
Commission shall constitute a quorum.
(g) CHAIRPERSON.—
(1) ELECTION.—The Commission shall elect a
Chairperson of the Commission from among its
members at its first meeting.
(2) TERM.—The term of the Chairperson shall
be two years.
(h) 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. 203. 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. 204. 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—
(i) 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
(ii) 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. 205. STAFF OF COMMISSION.
(a) STAFF.—The Commission may appoint and fix
the compensation of such staff as the Commission consid-
ers necessary to perform its duties.
(b) DETAILED PERSONNEL.—The Commission may,
with the prior consent of the department or agency of the
Federal Government concerned, use on a reimbursable or
nonreimbursable basis the services of personnel of any
such department or agency, including the services of mem-
bers or personnel of the General Accounting Office Per-
sonnel Appeals Board.
(c) CONSULTANTS.—In carrying out the functions of
the Commission, the Commission may procure the tem-
porary (not to exceed one year) or intermittent services
of consultants.
TITLE III—DISCHARGE OF COM-
MISSION REPORT FROM COM-
MITTEE ON RULES IN THE
HOUSE 
OF 
REPRESENTA-
TIVES
SEC. 301. DISCHARGE OF COMMITTEE.
(1) If the Rules Committee in the House of Rep-
resentatives to which the report has been referred has not
reported it at the end of 30 legislative days after the intro-
duction, it is in order to move either to discharge the com-
mittee from further consideration of the report or to dis-
charge the committee from further consideration of any
other resolution introduced with respect to the same mat-
ter, except that a motion to discharge—
(A) may only be made on the second legislative
day after the calendar day on which the Member
making the motion announces to the House his in-
tention to do so; and
(B) is not in order after the Committee has re-
ported a resolution with respect to the same matter.
(2) A motion to discharge under paragraph (1) may
be made only by an individual favoring the resolution, and
is highly privileged in the House; and debate thereon shall
be limited to not more than 1 hour, the time to be divided
in the House equally between those favoring and those op-
posing the resolution. An amendment to the motion is not
in order, and it is not in order to move to reconsider the
vote by which the motion is agreed to or disagreed to.
SEC. 302. FLOOR CONSIDERATION IN THE HOUSE OF REP-
RESENTATIVES.
(1) A motion in the House of Representatives to pro-
ceed to the consideration of the resolution shall be highly
privileged and not debatable. An amendment to the motion
shall not be in order, nor shall it be in order to move to
reconsider the vote by which the motion is agreed to or
disagreed to.
(2) Debate in the House of Representatives on a reso-
lution shall be limited to not more than 6 hours, which
shall be divided equally between those favoring the resolu-
tion and those opposing the resolution. A further motion
to limit debate shall not be debatable. No amendment to,
or motion to recommit, the resolution shall be in order.
It shall not be in order to move to reconsider the vote
by which a resolution is agreed to or disagreed to.
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