IV
105TH CONGRESS
1ST SESSION
H. RES. 168
To implement the recommendations of the bipartisan House Ethics Reform
Task Force.
IN THE HOUSE OF REPRESENTATIVES
JUNE 18, 1997
Mr. LIVINGSTON (for himself and Mr. CARDIN) submitted the following
resolution; which was referred to the Committee on Rules
RESOLUTION
To implement the recommendations of the bipartisan House
Ethics Reform Task Force.
Resolved,
SECTION 1. USE OF NON-COMMITTEE MEMBERS.
(a) RULES AMENDMENT.—Clause 6(a) of rule X of
the Rules of the House of Representatives is amended by
adding at the end the following new subparagraph:
‘‘(3)(A) At the beginning of each Congress—
‘‘(i) the Speaker (or his designee) shall des-
ignate a list of 10 Members from the majority party;
and
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‘‘(ii) the minority leader (or his designee) shall
designate a list of 10 Members from the minority
party;
who are not members of the Committee on Standards of
Official Conduct and who may be assigned to serve as a
member of an investigative subcommittee of that commit-
tee during that Congress. Members so chosen shall be an-
nounced to the House.
‘‘(B) Whenever the chairman and ranking minority
member of the Committee on Standards of Official Con-
duct jointly determine that Members designated under
subdivision (A) should be assigned to serve on an inves-
tigative subcommittee of that committee, they shall each
select the same number of Members of his respective party
from the list to serve on that subcommittee.’’.
(b) CONFORMING
RULES
AMENDMENT.—Clause
6(b)(2)(A) of rule X of the Rules of the House of Rep-
resentatives is amended by inserting after the first sen-
tence the following new sentence: ‘‘Service on an investiga-
tive subcommittee of the Committee on Standards of Offi-
cial Conduct pursuant to paragraph (a)(3) shall not be
counted against the limitation on subcommittee service.’’.
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SEC. 2. DURATION OF SERVICE ON THE COMMITTEE ON
STANDARDS OF OFFICIAL CONDUCT.
The second sentence of clause 6(a)(2) of rule X of
the Rules of the House of Representatives is amended to
read as follows: ‘‘No Member shall serve as a member of
the Committee on Standards of Official Conduct for more
than two Congresses in any period of three successive Con-
gresses (disregarding for this purpose any service per-
formed as a member of such committee for less than a
full session in any Congress), except that a Member hav-
ing served on the committee for two Congresses shall be
eligible for election to the committee as chairman or rank-
ing minority member for one additional Congress. Not less
than two Members from each party shall rotate off the
committee at the end of each Congress.’’.
SEC. 3. COMMITTEE AGENDAS.
The Committee on Standards of Official Conduct
shall adopt rules providing that the chairman shall estab-
lish the agenda for meetings of the committee, but shall
not preclude the ranking minority member from placing
any item on the agenda.
SEC. 4. COMMITTEE STAFF.
(a) COMMITTEE RULES.—The Committee on Stand-
ards of Official Conduct shall adopt rules providing that:
(1)(A) The staff is to be assembled and re-
tained as a professional, nonpartisan staff.
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(B) Each member of the staff shall be profes-
sional and demonstrably qualified for the position
for which he is hired.
(C) The staff as a whole and each member of
the staff shall perform all official duties in a non-
partisan manner.
(D) No member of the staff shall engage in any
partisan political activity directly affecting any con-
gressional or presidential election.
(E) No member of the staff or outside counsel
may accept public speaking engagements or write for
publication on any subject that is in any way related
to his or her employment or duties with the commit-
tee without specific prior approval from the chair-
man and ranking minority member.
(F) No member of the staff or outside counsel
may make public, unless approved by an affirmative
vote of a majority of the members of the committee,
any information, document, or other material that is
confidential, derived from executive session, or clas-
sified and that is obtained during the course of em-
ployment with the committee.
(2)(A) All staff members shall be appointed by
an affirmative vote of a majority of the members of
the committee. Such vote shall occur at the first
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meeting of the membership of the committee during
each Congress and as necessary during the Con-
gress.
(B) Subject to the approval of Committee on
House Oversight, the committee may retain counsel
not employed by the House of Representatives when-
ever the committee determines, by an affirmative
vote of a majority of the members of the committee,
that the retention of outside counsel is necessary
and appropriate.
(C) If the committee determines that it is nec-
essary to retain staff members for the purpose of a
particular investigation or other proceeding, then
such staff shall be retained only for the duration of
that particular investigation or proceeding.
(3) Outside counsel may be dismissed prior to
the end of a contract between the committee and
such counsel only by an affirmative vote of a major-
ity of the members of the committee.
(4) Only subparagraphs (C), (E), and (F) of
paragraph (1) shall apply to shared staff.
(b) ADDITIONAL COMMITTEE STAFF.—In addition to
any other staff provided for by law, rule, or other author-
ity, with respect to the Committee on Standards of Official
Conduct, the chairman and ranking minority member each
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may appoint one individual as a shared staff member from
his or her personal staff to perform service for the commit-
tee. Such shared staff may assist the chairman or ranking
minority member on any subcommittee on which he serves.
SEC. 5. MEETINGS AND HEARINGS.
(a) HOUSE RULES.—(1) Clause 4(e)(3) of rule X of
the Rules of the House of Representatives is amended to
read as follows:
‘‘(3)(A) Notwithstanding clause 2(g)(1) of rule XI,
each meeting of the Committee on Standards of Official
Conduct or any subcommittee thereof shall occur in execu-
tive session, unless the committee or subcommittee by an
affirmative vote of a majority of its members opens the
meeting to the public.
‘‘(B) Notwithstanding clause 2(g)(2) of rule XI, hear-
ings of an adjudicatory subcommittee or sanction hearings
held by the Committee on Standards of Official Conduct
shall be held in open session unless the subcommittee or
committee, in open session by an affirmative vote of a ma-
jority of its members, closes all or part of the remainder
of the hearing on that day to the public.’’.
(2)(A) The first sentence of clause 2(g)(1) of rule XI
of the Rules of the House of Representatives is amended
by inserting ‘‘(except the Committee on Standards of Offi-
cial Conduct)’’ after ‘‘thereof’’.
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(B) The first sentence of clause 2(g)(2) of rule XI
of the Rules of the House of Representatives is amended
by inserting ‘‘(except the Committee on Standards of Offi-
cial Conduct)’’ after ‘‘thereof’’.
(b) COMMITTEE RULES.—The Committee on Stand-
ards of Official Conduct shall adopt rules providing that—
(1) all meetings of the committee or any sub-
committee thereof shall occur in executive session
unless the committee or subcommittee by an affirm-
ative vote of a majority of its members opens the
meeting or hearing to the public; and
(2) any hearing held by an adjudicatory sub-
committee or any sanction hearing held by the com-
mittee shall be open to the public unless the commit-
tee or subcommittee by an affirmative vote of a ma-
jority of its members closes the hearing to the pub-
lic.
SEC. 6. CONFIDENTIALITY OATHS.
Clause 4(e) of rule X of the Rules of the House of
Representatives is amended by adding at the end the fol-
lowing:
‘‘(4) Before any member, officer, or employee of the
Committee on Standards of Official Conduct, including
members of any subcommittee of the committee selected
pursuant to clause 6(a)(3) and shared staff, may have ac-
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Member of the House certifies in writing to the com-
mittee that he or she believes the information is sub-
mitted in good faith and warrants the review and
consideration of the committee, or’’.
(b) DIRECT FILING.—Clause 4(e)(2)(B)(ii) of rule X
of the Rules of the House of Representatives is amended
to read as follows:
‘‘(ii) upon receipt of information offered as a
complaint, in writing and under oath, directly from
an individual not a Member of the House.’’.
SEC. 10. REQUIREMENTS TO CONSTITUTE A COMPLAINT.
(a) PROCEDURAL REQUIREMENTS.—The Committee
on Standards of Official Conduct shall amend its rules re-
garding procedural requirements governing information
submitted as a complaint pursuant to clause 4(e)(2)(B)(ii)
of rule X of the Rules of the House of Representatives
to provide that—
(1) an individual who submits information to
the committee offered as a complaint must either
have personal knowledge of conduct which is the
basis of the violation alleged in the information, or
base the information offered as a complaint upon—
(A) information received from another in-
dividual who the complainant has a good faith
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which may include dismissal of the complaint or res-
olution of the complaint by a letter to the Member,
officer, or employee of the House against whom the
complaint is made;
(2) establish an investigative subcommittee; or
(3) request that the committee extend the appli-
cable 45-calendar day or 5-legislative day period by
one additional 45-calendar day period when they de-
termine more time is necessary in order to make a
recommendation under paragraph (1).
(b) HOUSE RULES.—Clause 4(e)(2)(A) of rule X of
the Rules of the House of Representatives is amended by
inserting ‘‘(i)’’ after ‘‘(A)’’, by striking ‘‘and no’’ and in-
serting ‘‘and, except as provided by subdivision (ii), no’’,
and by adding at the end the following:
‘‘(ii)(I) Upon the receipt of information offered as a
complaint that is in compliance with this rule and the com-
mittee rules, the chairman and ranking minority member
may jointly appoint members to serve as an investigative
subcommittee.
‘‘(II) The chairman and ranking minority member of
the committee may jointly gather additional information
concerning alleged conduct which is the basis of a com-
plaint or of information offered as a complaint until they
have established an investigative subcommittee or the
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chairman or ranking minority member has placed on the
committee agenda the issue of whether to establish an in-
vestigative subcommittee.’’.
(c) DISPOSITION OF PROPERLY FILED COMPLAINTS
BY CHAIRMAN AND RANKING MINORITY MEMBER IF NO
ACTION TAKEN BY THEM WITHIN PRESCRIBED TIME
LIMIT.—The Committee on Standards of Official Conduct
shall adopt rules providing that if the chairman and rank-
ing minority member jointly determine that information
submitted to the committee meets the requirements of the
committee rules for what constitutes a complaint, and the
complaint is not disposed of within the applicable time pe-
riods under subsection (a), then they shall establish an
investigative subcommittee and forward the complaint, or
any portion thereof, to that subcommittee for its consider-
ation. However, if, at any time during those periods, either
the chairman or ranking minority member places on the
agenda the issue of whether to establish an investigative
subcommittee, then an investigative subcommittee may be
established only by an affirmative vote of a majority of
the members of the committee.
(d) HOUSE RULES.—Clause 4(e)(2)(B) of rule X of
the Rules of the House of Representatives is amended by
adding at the end the following new sentences:
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‘‘If a complaint is not disposed of within the applicable
time periods set forth in the rules of the Committee on
Standards of Official Conduct, then the chairman and
ranking minority member shall jointly establish an inves-
tigative subcommittee and forward the complaint, or any
portion thereof, to that subcommittee for its consideration.
However, if, at any time during those periods, either the
chairman or ranking minority member places on the agen-
da the issue of whether to establish an investigative sub-
committee,then an investigative subcommittee may be es-
tablished only by an affirmative vote of a majority of the
members of the committee.’’.
SEC. 12. DUTIES OF CHAIRMAN AND RANKING MINORITY
MEMBER 
REGARDING 
INFORMATION 
NOT
CONSTITUTING A COMPLAINT.
The Committee on Standards of Official Conduct
shall adopt rules providing that whenever the chairman
and ranking minority member jointly determine that infor-
mation submitted to the committee does not meet the re-
quirements for what constitutes a complaint set forth in
the committee rules, they may—
(1) return the information to the complainant
with a statement that it fails to meet the require-
ments for what constitutes a complaint set forth in
the committee’s rules; or
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(2) recommend to the committee that it author-
ize the establishment of an investigative subcommit-
tee.
SEC. 13. INVESTIGATIVE AND ADJUDICATORY SUBCOMMIT-
TEES.
The Committee on Standards of Official Conduct
shall adopt rules providing that—
(1)(A) investigative subcommittees shall be
comprised of 4 Members (with equal representation
from the majority and minority parties) whenever
such subcommittee is established pursuant to the
rules of the committee; and
(B) adjudicatory subcommittees shall be com-
prised of the members of the committee who did not
serve on the investigative subcommittee (with equal
representation from the majority and minority par-
ties) whenever such subcommittee is established pur-
suant to the rules of the committee;
(2) at the time of appointment, the chairman
shall designate one member of the subcommittee to
serve as chairman and the ranking minority member
shall designate one member of the subcommittee to
serve as the ranking minority member of the inves-
tigative subcommittee or adjudicatory subcommittee;
and
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(3) the chairman and ranking minority member
of the committee may serve as members of an inves-
tigative subcommittee, but may not serve as non-vot-
ing, ex officio members.
SEC. 14. STANDARD OF PROOF FOR ADOPTION OF STATE-
MENT OF ALLEGED VIOLATION.
The Committee on Standards of Official Conduct
shall amend its rules to provide that an investigative sub-
committee may adopt a statement of alleged violation only
if it determines by an affirmative vote of a majority of
the members of the committee that there is substantial
reason to believe that a violation of the Code of Official
Conduct, or of a law, rule, regulation, or other standard
of conduct applicable to the performance of official duties
or the discharge of official responsibilities by a Member,
officer, or employee of the House of Representatives has
occurred.
SEC. 15. SUBCOMMITTEE POWERS.
(a) SUBPOENA POWER.—
(1) HOUSE RULES.—Clause 2(m)(2)(A) of rule
XI of the Rules of the House of Representatives is
amended—
(A) in the second sentence by striking
‘‘The’’ and inserting ‘‘Except as provided by
the next sentence, the’’; and
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(B) by inserting after the second sentence
the following new sentence: ‘‘In the case of the
Committee on Standards of Official Conduct or
any subcommittee thereof, a subpoena may be
authorized and issued by the committee only
when authorized by a majority of the members
voting (a majority being present) or by a sub-
committee only when authorized by an affirma-
tive vote of a majority of its members.’’.
(2) COMMITTEE
RULES.—The Committee on
Standards of Official Conduct shall adopt rules pro-
viding that an investigative subcommittee or an ad-
judicatory subcommittee may authorize and issue
subpoenas only when authorized by an affirmative
vote of a majority of the members of the subcommit-
tee.
(b) EXPANSION OF SCOPE OF INVESTIGATIONS.—
The Committee on Standards of Official Conduct shall
adopt rules providing that an investigative subcommittee
may, upon an affirmative vote of a majority of its mem-
bers, expand the scope of its investigation without the ap-
proval of the committee.
(c) AMENDMENTS
OF STATEMENTS
OF ALLEGED
VIOLATION.—The Committee on Standards of Official
Conduct shall adopt rules to provide that—
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(1) an investigative subcommittee may, upon an
affirmative vote of a majority of its members, amend
its statement of alleged violation anytime before the
statement of alleged violation is transmitted to the
committee; and
(2) if an investigative subcommittee amends its
statement of alleged violation, the respondent shall
be notified in writing and shall have 30 calendar
days from the date of that notification to file an an-
swer to the amended statement of alleged violation.
SEC. 16. DUE PROCESS RIGHTS OF RESPONDENTS.
The Committee on Standards of Official Conduct
shall amend its rules to provide that—
(1) not less than 10 calendar days before a
scheduled vote by an investigative subcommittee on
a statement of alleged violation, the subcommittee
shall provide the respondent with a copy of the
statement of alleged violation it intends to adopt to-
gether with all evidence it intends to use to prove
those charges which it intends to adopt, including
documentary evidence, witness testimony, memo-
randa 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
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evidence is withheld, the subcommittee shall inform
the respondent 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 discussions where counsels for the re-
spondent 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
evidence not provided to a respondent under para-
graph (1) to prove the charges contained in the
statement of alleged violation (or any amendment
thereof), such evidence shall be made immediately
available to the respondent, and it may be used in
any further proceeding under the committee’s rules;
(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 ma-
terials obtained pursuant to that paragraph shall be
made public until—
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(A) such time as a statement of alleged
violation is made public by the committee if the
respondent has waived the adjudicatory hear-
ing; or
(B) the commencement of an adjudicatory
hearing if the respondent has not waived an ad-
judicatory hearing;
but the failure of respondent and his counsel to so
agree in writing, and therefore not receive the evi-
dence, shall not preclude the issuance of a statement
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
member determine that information the com-
mittee has received constitutes a complaint;
(B) a complaint or allegation is transmit-
ted to an investigative subcommittee;
(C) that subcommittee votes to authorize
its first subpoena or to take testimony under
oath, whichever occurs first; and
(D) an investigative subcommittee votes to
expand the scope of its investigation;
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(6) whenever an investigative subcommittee
adopts a statement of alleged violation and a re-
spondent enters into an agreement with that sub-
committee to settle a complaint on which that state-
ment is based, that agreement, unless the respond-
ent requests otherwise, shall be in writing and
signed by the respondent and respondent’s counsel,
the chairman and ranking minority member of the
subcommittee, and the outside counsel, if any;
(7) statements or information derived solely
from a respondent or his counsel during any settle-
ment discussions between the committee or a sub-
committee thereof and the respondent shall not be
included in any report of the subcommittee or the
committee or otherwise publicly disclosed without
the consent of the respondent; and
(8) whenever a motion to establish an investiga-
tive subcommittee does not prevail, the committee
shall promptly send a letter to the respondent in-
forming him of such vote.
SEC. 17. COMMITTEE REPORTING REQUIREMENTS.
The Committee on Standards of Official Conduct
shall amend its rules to provide that—
(1) whenever an investigative subcommittee
does not adopt a statement of alleged violation and
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transmits a report to that effect to the committee,
the committee may by an affirmative vote of a ma-
jority of its members transmit such report to the
House of Representatives; and
(2) whenever an investigative subcommittee
adopts a statement of alleged violation, the respond-
ent admits to the violations set forth in such state-
ment, the respondent waives his or her right to an
adjudicatory hearing, and the respondent’s waiver is
approved by the committee—
(A) the subcommittee shall prepare a re-
port for transmittal to the committee, a final
draft of which shall be provided to the respond-
ent not less than 15 calendar days before the
subcommittee votes on whether to adopt the re-
port;
(B) the respondent may submit views in
writing regarding the final draft to the sub-
committee within 7 calendar days of receipt of
that draft;
(C) the subcommittee shall transmit a re-
port to the committee regarding the statement
of alleged violation together with any views sub-
mitted by the respondent pursuant to subpara-
graph (B), and the committee shall make the
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report together with the respondent’s views
available to the public before the commence-
ment of any sanction hearing; and
(D) the committee shall by an affirmative
vote of a majority of its members issue a report
and transmit such report to the House of Rep-
resentatives, together with the respondent’s
views previously submitted pursuant to sub-
paragraph (B) and any additional views re-
spondent may submit for attachment to the
final report; and
(3) members of the committee shall have not
less than 72 hours to review any report transmitted
to the committee by an investigative subcommittee
before both the commencement of a sanction hearing
and the committee vote on whether to adopt the re-
port.
SEC. 18. REFERRALS TO FEDERAL OR STATE AUTHORITIES.
Clause 4(e)(1)(C) of rule X of the Rules of the House
of Representatives is amended by striking ‘‘with the ap-
proval of the House’’ and inserting ‘‘either with the ap-
proval of the House or by an affirmative vote of two-thirds
of the members of the committee’’.
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SEC. 19. FRIVOLOUS FILINGS.
Clause 4(e) of rule X of the Rules of the House of
Representatives is amended by adding at the end the fol-
lowing:
‘‘(5)(A) If a complaint or information offered as a
complaint is deemed frivolous by an affirmative vote of
a majority of the members of the Committee on Standards
of Official Conduct, the committee may take such action
as it, by an affirmative vote of a majority of its members,
deems appropriate in the circumstances.
‘‘(B) Complaints filed before the One Hundred Fifth
Congress may not be deemed frivolous by the Committee
on Standards of Official Conduct.’’.
SEC. 20. TECHNICAL AMENDMENTS.
The Committee on Standards of Official Conduct
shall—
(1) clarify its rules to provide that whenever the
committee votes to authorize an investigation on its
own initiative, the chairman and ranking minority
member shall establish an investigative subcommit-
tee to undertake such investigation;
(2) revise its rules to refer to hearings held by
an adjudicatory subcommittee as adjudicatory hear-
ings; and
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(3) make such other amendments to its rules as
necessary to conform such rules to this resolution.
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