IV
104TH CONGRESS
2D SESSION
H. RES. 346
Amending the Rules of the House of Representatives respecting the
procedures of the Committee on Standards of Official Conduct.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 25, 1996
Mr. GOSS submitted the following resolution; which was referred to the
Committee on Rules
RESOLUTION
Amending the Rules of the House of Representatives respect-
ing the procedures of the Committee on Standards of
Official Conduct.
Resolved,
SECTION 1. SIZE AND COMPOSITION OF THE COMMITTEE
ON STANDARDS OF OFFICIAL CONDUCT.
Clause 6(a)(2) of rule X of the Rules of the House
of Representatives is amended to read as follows:
‘‘(2)(A) The respective party conference or caucus
shall each nominate to the House at the beginning of each
Congress 5 members to serve on the Committee on Stand-
ards of Official Conduct. One-half of the members of the
Committee on Standards of Official Conduct shall be from
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the majority party and one-half shall be from the minority
party.
‘‘(B) No Member shall serve as a member of the
Committee on Standards of Official Conduct for more
than 2 Congresses (disregarding for this purpose any serv-
ice performed as a member of that committee for less than
a full session in any Congress). Of the Members nomi-
nated to serve on that committee in the One Hundred
Fifth Congress, 2 designated by the party conference and
2 designated by the party caucus shall only serve on that
committee during that Congress.
‘‘(C) The senior majority and minority party mem-
bers of the Committee on Standards of Official Conduct
shall serve as its chairman and ranking minority mem-
ber.’’.
SEC. 2. COMMITTEE PROCEDURE.
(a) AMENDMENT.—Clause 4(e) of Rule X of the
Rules of the House of Representatives is amended by add-
ing at the end the following new subparagraph:
‘‘(3)(A) If a complaint is filed with the Committee
on Standards of Official Conduct against a Member, offi-
cer, or employee of the House, the committee shall deter-
mine if it is properly filed and, if so, whether a preliminary
investigation is warranted. No preliminary investigation
shall occur unless approved by the affirmative vote of a
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majority of the members of the committee. Whenever the
committee approves a preliminary investigation, the re-
spective party conference or caucus shall each hold a ran-
dom drawing from the names of its members (excluding
members of the Committee on Standards of Official Con-
duct and any Member deemed by the conference or caucus
to be exempt) and select 3 members to serve on an inves-
tigative panel respecting that complaint. If a member of
a party conference or caucus has served on the Committee
on Standards of Official Conduct or an investigative panel,
the name of that member shall not be included in a draw-
ing until all other members of that conference or caucus
have served.
‘‘(B) The Committee on Standards of Official Con-
duct shall adopt rules providing—
‘‘(i) adequate staff and funding for each inves-
tigative panel;
‘‘(ii) a fixed date for the filing by each panel of
a final report to the committee and, if requested by
that panel, a vote by the committee to extend the
date for filing its final report;
‘‘(iii) that if an investigative panel has been
formed to consider a complaint against a Member,
officer, or employee of the House and a subsequent
complaint is filed with the committee before the
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panel files its final report with the committee, then
the committee shall, by majority vote, determine
whether to merge the new complaint with the pend-
ing complaint;
‘‘(iv) that the proceedings of each investigative
panel be held in executive session and that no infor-
mation or testimony received shall be disclosed by
any panel member, staff member, or outside counsel
assisting that panel to any Member or other staff
member of the committee before the panel files its
final report with the committee;
‘‘(v) that each investigative panel shall deter-
mine if any count in the complaint it has been
formed to consider has been proved; and if it deter-
mines, by majority vote, that any such count has
been proved it shall adopt a statement of alleged vio-
lation; and if it determines that no count in the com-
plaint has been proved it shall recommend dismissal
of the complaint;
‘‘(vi) that, if the committee, by majority vote,
determines that the work of the investigative panel
has been compromised by outside influence, the full
committee may disband the investigative panel and
request that a new panel be appointed;
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‘‘(vii) that upon the completion of an investiga-
tion, an investigative panel shall report its findings
and recommendations to the committee;
‘‘(viii) that the committee shall, by majority
vote, determine disposition of the investigative pan-
el’s recommendations; and
‘‘(ix) that a statement of alleged violation and
any written response thereto shall be made public at
the first meeting or hearing on the matter which is
open to the public after the respondent has been
given full opportunity to respond to the statement in
accordance with committee rules, but, if no public
hearing or meeting is held on the matter, the state-
ment of alleged violation and any written response
thereto shall be included in the committee’s final re-
port to the House as required by subparagraph
(1)(B).
‘‘(C)(i) The committee may, at any time, by a major-
ity vote, determine that a complaint is frivolous.
‘‘(ii) The committee may make such a determination
if it deems that the complaint has no basis in fact, the
alleged violation is of such a minor and technical nature
that it does not reflect discredit upon the House or its
Members, the complaint was filed for purely partisan rea-
sons and not out of concern for maintaining the ethical
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standards of the House, or the complaint is part of a pat-
tern of abuse and misuse of the committee.
‘‘(iii) In the case of any complaint deemed frivolous,
the committee shall determine the costs of its inquiry and
report such costs to the Committee on House Oversight,
the Clerk of the House, and the public.
‘‘(iv) The committee may, by majority vote, rec-
ommend to the House that any Member who has filed a
frivolous complaint—
‘‘(I) repay the costs of the inquiry over a period
of greater than 1 year; or
‘‘(II) be fined an appropriate amount.’’.
(b) CONFORMING AMENDMENT.—Clause 4(e)(1)(B)
of Rule X of the Rules of the House of Representatives
is amended by striking ‘‘subject to subparagraph (2)’’ and
inserting ‘‘subject to subparagraphs (2) and (3)’’.
SEC. 3. EFFECTIVE DATE.
This resolution and the amendments made by it shall
take effect immediately prior to noon January 3, 1997.
After that date, subsections (b), (c), and (d) of section
803 of the Ethics in Government Act of 1989 shall have
no force or effect in the House.
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