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a Member of the House provided that a Member of the
House certifies in writing to the committee that he or
she believes the information is submitted in good faith
and warrants the review and consideration of the com-
mittee.
SEC. 10. REQUIREMENTS TO CONSTITUTE A COMPLAINT.
The Committee on Standards of Official Conduct shall
amend its rules regarding complaints to provide that when-
ever information offered as a complaint is submitted to the
committee, the chairman and ranking minority member shall
have 14 calendar days or 5 legislative days, whichever occurs
first, to determine whether the information meets the require-
ments of the committee’s rules for what constitutes a com-
plaint.
SEC. 11. DUTIES OF CHAIRMAN AND RANKING MINORITY MEM-
BER REGARDING PROPERLY FILED COMPLAINTS.
(a) COMMITTEE RULES.—The Committee on Standards
of Official Conduct shall adopt rules providing that whenever
the chairman and ranking minority member jointly determine
that information submitted to the committee meets the re-
quirements of the committee’s rules for what constitutes a
complaint, they shall have 45 calendar days or 5 legislative
days, whichever is later, after the date that the chairman and
ranking minority member determine that information filed
meets the requirements of the committee’s rules for what
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constitutes a complaint, unless the committee by an affirma-
tive vote of a majority of its members votes otherwise, to—
(1) recommend to the committee that it dispose of
the complaint, or any portion thereof, in any manner
that does not require action by the House, which may
include dismissal of the complaint or resolution 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 applica-
ble 45-calendar day or 5-legislative day period by one ad-
ditional 45-calendar day period when they determine
more time is necessary in order to make a recommenda-
tion 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 insert-
ing ‘‘(i)’’ after ‘‘(A)’’, by striking ‘‘and no’’ and inserting
‘‘and, except as provided by subdivision (ii), no’’, and by add-
ing 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 sub-
committee.
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‘‘(II) The chairman and ranking minority member of the
committee may jointly gather additional information concern-
ing alleged conduct which is the basis of a complaint or of
information offered as a complaint until they have established
an investigative subcommittee or the chairman or ranking mi-
nority member has placed on the committee agenda the issue
of whether to establish an investigative 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 ranking minority member
jointly determine that information submitted to the commit-
tee meets the requirements of the committee rules for what
constitutes a complaint, and the complaint is not disposed of
within the applicable time periods under subsection (a), then
they shall establish an investigative subcommittee and for-
ward the complaint, or any portion thereof, to that sub-
committee for its consideration. However, if, at any time dur-
ing those periods, either the chairman or ranking minority
member places on the agenda the issue of whether to estab-
lish an investigative subcommittee, then an investigative sub-
committee may be established only by an affirmative vote of
a majority of the members of the committee.
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(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:
‘‘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 investigative 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 agenda the issue of whether to estab-
lish an investigative subcommittee,then an investigative sub-
committee may be established only by an affirmative vote of
a majority of the members of the committee.’’.
SEC. 12. DUTIES OF CHAIRMAN AND RANKING MINORITY MEM-
BER REGARDING INFORMATION NOT CONSTITUT-
ING A COMPLAINT.
The Committee on Standards of Official Conduct shall
adopt rules providing that whenever the chairman and rank-
ing minority member jointly determine that information sub-
mitted to the committee does not meet the requirements 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 requirements for
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what constitutes a complaint set forth in the committee’s
rules; or
(2) recommend to the committee that it authorize
the establishment of an investigative subcommittee.
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 com-
prised of 4 Members (with equal representation from the
majority and minority parties) whenever such sub-
committee is established pursuant to the rules of the
committee; and
(B) adjudicatory subcommittees shall be comprised
of the members of the committee who did not serve on
the investigative subcommittee (with equal representa-
tion from the majority and minority parties) whenever
such subcommittee is established pursuant 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 des-
ignate one member of the subcommittee to serve as the
ranking minority member of the investigative sub-
committee or adjudicatory subcommittee; and
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(3) the chairman and ranking minority member of
the committee may serve as members of an investigative
subcommittee, but may not serve as non-voting, ex
officio members.
SEC. 14. STANDARD OF PROOF FOR ADOPTION OF STATEMENT
OF ALLEGED VIOLATION.
The Committee on Standards of Official Conduct shall
amend its rules to provide that an investigative subcommittee
may adopt a statement of alleged violation only if it deter-
mines 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
in the first sentence by inserting before the period the
following: ‘‘, except in the case of a subcommittee of the
Committee on Standards of Official Conduct, a subpoena
may be authorized and issued only when authorized by
an affirmative vote of a majority of its members’’.
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(2) COMMITTEE RULES.—The Committee on Stand-
ards of Official Conduct shall adopt rules providing that
an investigative subcommittee or an adjudicatory sub-
committee may authorize and issue subpoenas only when
authorized by an affirmative vote of a majority of the
members of the subcommittee.
(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 members, expand the
scope of its investigation when approved by an affirmative
vote of a majority of the members of the committee.
(c) AMENDMENTS OF STATEMENTS OF ALLEGED VIOLA-
TION.—The Committee on Standards of Official Conduct
shall adopt rules to provide that—
(1) an investigative subcommittee may, upon an af-
firmative vote of a majority of its members, amend its
statement of alleged violation anytime before the state-
ment of alleged violation is transmitted to the commit-
tee; 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 answer to the
amended statement of alleged violation.
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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 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, di-
rectly 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 respondent and the
subcommittee are present;
(3) if, at any time after the issuance of a statement
of alleged violation, the committee or any subcommittee
thereof determines that it intends to use evidence not
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provided to a respondent under paragraph (1) to prove
the charges contained in the statement of alleged viola-
tion (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 com-
mittee’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 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 therefore not receive the evidence, shall
not preclude the issuance of a statement of alleged viola-
tion at the end of the period referred to in paragraph
(1);
(5) a respondent shall receive written notice when-
ever—
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(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) that subcommittee votes to authorize its
first subpoena or to take testimony under oath,
whichever occurs first; and
(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 discus-
sions between the committee or a subcommittee thereof
and the respondent shall not be included in any report
of the subcommittee or the committee or otherwise pub-
licly disclosed without the consent of the respondent; and