H. Rept. 109-744 - 109th Congress (2005-2006)

Report text available as:

Formatting necessary for an accurate reading of this legislative text may be shown by tags (e.g., <DELETED> or <BOLD>) or may be missing from this TXT display. For complete and accurate display of this text, see the PDF.


House Report 109-744 - SUMMARY OF ACTIVITIES ONE HUNDRED NINTH CONGRESS

[House Report 109-744]
[From the U.S. Government Publishing Office]



109th Congress 
 2d Session             HOUSE OF REPRESENTATIVES                 Report
                                                                109-744
_______________________________________________________________________

                                     

                                                 Union Calendar No. 446


                         SUMMARY OF ACTIVITIES

                       ONE HUNDRED NINTH CONGRESS

                               __________

                                A REPORT

                                 of the

                              COMMITTEE ON

                     STANDARDS OF OFFICIAL CONDUCT

                        HOUSE OF REPRESENTATIVES




January 2, 2007.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed
                          LETTER OF SUBMITTAL

                              ----------                              

                     U.S. House of Representatives,
                Committee on Standards of Official Conduct,
                                   Washington, DC, January 2, 2007.
Hon. Karen Haas,
Clerk, House of Representatives,
Washington, DC.
    Dear Ms. Haas: Pursuant to clause 1(d) of Rule XI of the 
Rules of the House of Representatives, we hereby submit to the 
House a report on the Activities of the Committee on Standards 
of Official Conduct for the 109th Congress.
            Sincerely,
                                   Doc Hastings,
                                           Chairman.
                                   Howard L. Berman,
                                           Ranking Minority Member.


                                                 Union Calendar No. 446
109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     109-744

======================================================================



 
                         SUMMARY OF ACTIVITIES



                       ONE HUNDRED NINTH CONGRESS

                                _______
                                

January 2, 2007.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

    Mr. Hastings and Mr. Berman, from the Committee on Standards of 
               Official Conduct, submitted the following

                              R E P O R T

                            I. Introduction

    House Rule XI, Clause 1(d), requires each committee to 
submit to the House, not later than January 2 of each odd-
numbered year, a report on the activities of that committee 
under that rule and House Rule X during the Congress ending on 
January 3 of that year.
    The jurisdiction of the Committee on Standards of Official 
Conduct (``Committee'') is defined in Clauses 1(q) and 11(g)(4) 
of House Rule X, Clause 3 of House Rule XI, and Clause 5(f) of 
House Rule XXV. The text of those provisions is as follows:

                          Rule X, Clause 1(q)

    1. There shall be in the House the following standing 
committees, each of which shall have the jurisdiction and 
related functions assigned by this clause and clauses 2, 3, and 
4 . . .
    * * *
    (q) Committee on Standards of Official Conduct.

                      The Code of Official Conduct


                        Rule X, Clause 11(g)(4)

    (4) The Committee on Standards of Official Conduct shall 
investigate any unauthorized disclosure of intelligence or 
intelligence-related information by a Member, Delegate, 
Resident Commissioner, officer, or employee of the House in 
violation of subparagraph (3) and report to the House 
concerning any allegation that it finds to be substantiated.

                           Rule XI, Clause 3

Committee on Standards of Official Conduct

    3. (a) The Committee on Standards of Official Conduct has 
the following functions:
    (1) The committee may recommend to the House from time to 
time such administrative actions as it may consider appropriate 
to establish or enforce standards of official conduct for 
Members, Delegates, the Resident Commissioner, officers, and 
employees of the House. A letter of reproval or other 
administrative action of the committee pursuant to an 
investigation under subparagraph (2) shall only be issued or 
implemented as a part of a report required by such 
subparagraph.
    (2) The committee may investigate, subject to paragraph 
(b), an alleged violation by a Member, Delegate, Resident 
Commissioner, officer, or employee of the House of the Code of 
Official Conduct or of a law, rule, regulation, or other 
standard of conduct applicable to the conduct of such Member, 
Delegate, Resident Commissioner, officer, or employee in the 
performance of his duties or the discharge of his 
responsibilities. After notice and hearing (unless the right to 
a hearing is waived by the Member, Delegate, Resident 
Commissioner, officer, or employee), the committee shall report 
to the House its findings of fact and recommendations, if any, 
for the final disposition of any such investigation and such 
action as the committee may consider appropriate in the 
circumstances.
    (3) The committee may report to the appropriate Federal or 
State authorities, either with the approval of the House or by 
an affirmative vote of two-thirds of the members of the 
committee, any substantial evidence of a violation by a Member, 
Delegate, Resident Commissioner, officer, or employee of the 
House, of a law applicable to the performance of his duties or 
the discharge of his responsibilities that may have been 
disclosed in a committee investigation.
    (4) The committee may consider the request of a Member, 
Delegate, Resident Commissioner, officer, or employee of the 
House for an advisory opinion with respect to the general 
propriety of any current or proposed conduct of such Member, 
Delegate, Resident Commissioner, officer, or employee. With 
appropriate deletions to ensure the privacy of the person 
concerned, the committee may publish such opinion for the 
guidance of other Members, Delegates, the Resident 
Commissioner, officers, and employees of the House.
    (5) The committee may consider the request of a Member, 
Delegate, Resident Commissioner, officer, or employee of the 
House for a written waiver in exceptional circumstances with 
respect to clause 4 of rule XXIII.
    (b)(1)(A) Unless approved by an affirmative vote of a 
majority of its members, the Committee on Standards of Official 
Conduct may not report a resolution, report, recommendation, or 
advisory opinion relating to the official conduct of a Member, 
Delegate, Resident Commissioner, officer, or employee of the 
House, or, except as provided in subparagraph (2), undertake an 
investigation of such conduct.
    (B)(i) Upon the receipt of information offered as a 
complaint that is in compliance with this rule and the rules of 
the committee, the chairman and ranking minority member jointly 
may appoint members to serve as an investigative subcommittee.
    (ii) The chairman and ranking minority member of the 
committee jointly may gather additional information concerning 
alleged conduct that is the basis of a complaint or of 
information offered as a complaint until they have established 
an investigative subcommittee or either of them has placed on 
the agenda of the committee the issue of whether to establish 
an investigative subcommittee.
    (2) Except in the case of an investigation undertaken by 
the committee on its own initiative, the committee may 
undertake an investigation relating to the official conduct of 
an individual Member, Delegate, Resident Commissioner, officer, 
or employee of the House only--
    (A) upon receipt of information offered as a complaint, in 
writing and under oath, from a Member, Delegate, or Resident 
Commissioner and transmitted to the committee by such Member, 
Delegate, or Resident Commissioner; or
    (B) upon receipt of information offered as a complaint, in 
writing and under oath, from a person not a Member, Delegate, 
or Resident Commissioner provided that a Member, Delegate, or 
Resident Commissioner certifies in writing to the committee 
that he believes the information is submitted in good faith and 
warrants the review and consideration of the committee.
    If a complaint is not disposed of within the applicable 
periods set forth in the rules of the Committee on Standards of 
Official Conduct, the chairman and ranking minority member 
shall establish jointly 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 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.
    (3) The committee may not undertake an investigation of an 
alleged violation of a law, rule, regulation, or standard of 
conduct that was not in effect at the time of the alleged 
violation. The committee may not undertake an investigation of 
such an alleged violation that occurred before the third 
previous Congress unless the committee determines that the 
alleged violation is directly related to an alleged violation 
that occurred in a more recent Congress.
    (4) A member of the committee shall be ineligible to 
participate as a member of the committee in a committee 
proceeding relating to the member's official conduct. Whenever 
a member of the committee is ineligible to act as a member of 
the committee under the preceding sentence, the Speaker shall 
designate a Member, Delegate, or Resident Commissioner from the 
same political party as the ineligible member to act in any 
proceeding of the committee relating to that conduct.
    (5) A member of the committee may disqualify himself from 
participating in an investigation of the conduct of a Member, 
Delegate, Resident Commissioner, officer, or employee of the 
House upon the submission in writing and under oath of an 
affidavit of disqualification stating that the member cannot 
render an impartial and unbiased decision in the case in which 
the member seeks to be disqualified. If the committee approves 
and accepts such affidavit of disqualification, the chairman 
shall so notify the Speaker and request the Speaker to 
designate a Member, Delegate, or Resident Commissioner from the 
same political party as the disqualifying member to act in any 
proceeding of the committee relating to that case.
    (6) Information or testimony received, or the contents of a 
complaint or the fact of its filing, may not be publicly 
disclosed by any committee or staff member unless specifically 
authorized in each instance by a vote of the full committee.
    (7) The committee shall have the functions designated in 
titles I and V of the Ethics in Government Act of 1978 [on 
financial disclosure and the limitations on outside earned 
income and outside employment], in sections 7342 [the Foreign 
Gifts and Decorations Act], 7351 [on gifts to superiors], and 
7353 [on gifts] of title 5, United States Code, and in clause 
11(g)(4) of rule X.
    (c)(1) Notwithstanding clause 2(g)(1) of rule XI, each 
meeting of the Committee on Standards of Official Conduct or a 
subcommittee thereof shall occur in executive session unless 
the committee or subcommittee, by an affirmative vote of a 
majority of its members, opens the meeting to the public.
    (2) Notwithstanding clause 2(g)(2) of rule XI, each hearing 
of an adjudicatory subcommittee or sanction hearing of the 
Committee on Standards of Official Conduct shall be held in 
open session unless the committee or subcommittee, in open 
session by an affirmative vote of a majority of its members, 
closes all or part of the remainder of the hearing on that day 
to the public.
    (d) Before a member, officer, or employee of the Committee 
on Standards of Official Conduct, including members of a 
subcommittee of the committee selected under clause 5(a)(4) of 
rule X and shared staff, may have access to information that is 
confidential under the rules of the committee, the following 
oath (or affirmation) shall be executed:
    ``I do solemnly swear (or affirm) that I will not disclose, 
to any person or entity outside the Committee on Standards of 
Official Conduct, any information received in the course of my 
service with the committee, except as authorized by the 
committee or in accordance with its rules.''
    Copies of the executed oath shall be retained by the Clerk 
as part of the records of the House. This paragraph establishes 
a standard of conduct within the meaning of paragraph (a)(2). 
Breaches of confidentiality shall be investigated by the 
Committee on Standards of Official Conduct and appropriate 
action shall be taken.
    (e)(1) 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, considers appropriate in the 
circumstances.
    (2) Complaints filed before the One Hundred Fifth Congress 
may not be deemed frivolous by the Committee on Standards of 
Official Conduct.

Committee agendas

    (f) The committee shall adopt rules providing that the 
chairman shall establish the agenda for meetings of the 
committee, but shall not preclude the ranking minority member 
from placing any item on the agenda.

Committee staff

    (g)(1) The committee shall adopt rules providing that--
    (A) the staff be assembled and retained as a professional, 
nonpartisan staff;
    (B) each member of the staff shall be professional 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 nonpartisan manner;
    (D) no member of the staff shall engage in any partisan 
political activity directly affecting any congressional 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 committee without specific prior approval from 
the chairman and ranking minority member; and
    (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 classified and that is obtained during the course 
of employment with the committee.
    (2) Only subdivisions (C), (E), and (F) of subparagraph (1) 
shall apply to shared staff.
    (3)(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 meeting of the membership of 
the committee during each Congress and as necessary during the 
Congress.
    (B) Subject to the approval of the Committee on House 
Administration, the committee may retain counsel not employed 
by the House of Representatives whenever 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 necessary 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.
    (D) Outside counsel may be dismissed before the end of a 
contract between the committee and such counsel only by an 
affirmative vote of a majority of the members of the committee.
    (4) In addition to any other staff provided for by law, 
rule, or other authority, with respect to the committee, the 
chairman and ranking minority member each may appoint one 
individual as a shared staff member from his or her personal 
staff to perform service for the committee. Such shared staff 
may assist the chairman or ranking minority member on any 
subcommittee on which he serves.

Meetings and hearings

    (h)(1) The committee shall adopt rules providing that--
    (A) all meetings or hearings of the committee or any 
subcommittee thereof, other than any hearing held by an 
adjudicatory subcommittee or any sanction hearing held by the 
committee, shall occur in executive session unless the 
committee or subcommittee by an affirmative vote of a majority 
of its members opens the meeting or hearing to the public; and
    (B) any hearing held by an adjudicatory subcommittee or any 
sanction hearing held by the committee shall be open to the 
public unless the committee or subcommittee by an affirmative 
vote of a majority of its members closes the hearing to the 
public.

Public disclosure

    (i) The committee shall adopt rules providing that, unless 
otherwise determined by a vote of the committee, only the 
chairman or ranking minority member, after consultation with 
each other, may make public statements regarding matters before 
the committee or any subcommittee thereof.

Requirements to constitute a complaint

    (j) The committee shall adopt rules regarding complaints to 
provide that whenever information offered as a complaint is 
submitted to the committee, the chairman and ranking minority 
member shall have 14 calendar days or five legislative days, 
whichever is sooner, to determine whether the information meets 
the requirements of the rules of the committee for what 
constitutes a complaint.

Duties of chairman and ranking minority member regarding properly filed 
        complaints

    (k)(1) The committee shall adopt rules providing that 
whenever the chairman and ranking minority member jointly 
determine that information submitted to the committee meets the 
requirements of the rules of the committee for what constitutes 
a complaint, they shall have 45 calendar days or five 
legislative days, whichever is later, after that determination 
(unless the committee by an affirmative vote of a majority of 
its members votes otherwise) to--
    (A) 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;
    (B) establish an investigative subcommittee; or
    (C) request that the committee extend the applicable 45-
calendar day or five-legislative day period by one additional 
45-calendar day period when they determine more time is 
necessary in order to make a recommendation under subdivision 
(A).
    (2) The committee shall adopt rules providing that if the 
chairman and ranking minority member jointly determine that 
information submitted to the committee meets the requirements 
of the rules of the committee for what constitutes a complaint, 
and the complaint is not disposed of within the applicable time 
periods under subparagraph (1), then they shall 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 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.

Duties of chairman and ranking minority member regarding information 
        not constituting a complaint

    (l) The committee shall adopt rules providing that whenever 
the chairman and ranking minority member jointly determine that 
information submitted to the committee does not meet the 
requirements of the rules of the committee for what constitutes 
a complaint, they may--
    (1) return the information to the complainant with a 
statement that it fails to meet the requirements of the rules 
of the committee for what constitutes a complaint; or
    (2) recommend to the committee that it authorize the 
establishment of an investigative subcommittee.

Investigative and adjudicatory subcommittees

    (m) The committee shall adopt rules providing that--
    (1)(A) an investigative subcommittee shall be composed of 
four Members (with equal representation from the majority and 
minority parties) whenever such a subcommittee is established 
pursuant to the rules of the committee;
    (B) an adjudicatory subcommittee shall be composed of the 
members of the committee who did not serve on the pertinent 
investigative subcommittee (with equal representation from the 
majority and minority parties) whenever such a subcommittee is 
established pursuant to the rules of the committee; and
    (C) notwithstanding any other provision of this clause, the 
chairman and ranking minority member of the committee may 
consult with an investigative subcommittee either on their own 
initiative or on the initiative of the subcommittee, shall have 
access to information before a subcommittee with which they so 
consult, and shall not thereby be precluded from serving as 
full, voting members of any adjudicatory subcommittee;
    (2) at the time of appointment, the chairman shall 
designate one member of a subcommittee to serve as chairman and 
the ranking minority member shall designate one member of the 
subcommittee to serve as the ranking minority member; and
    (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.

Standard of proof for adoption of statement of alleged violation

    (n) The committee shall adopt rules to provide that an 
investigative subcommittee may adopt a statement of alleged 
violation only if it determines by an affirmative vote of a 
majority of the members of the subcommittee 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.

Subcommittee powers

    (o)(1) The committee shall adopt rules providing that an 
investigative subcommittee or an adjudicatory subcommittee may 
authorize and issue subpoenas only when authorized by an 
affirmative vote of a majority of the members of the 
subcommittee.
    (2) The committee 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 
approved by an affirmative vote of a majority of the members of 
the committee.
    (3) The committee shall adopt rules to provide that--
    (A) 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
    (B) 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.

Due process rights of respondents

    (p) The committee shall adopt 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 
together with all evidence it intends to use to prove those 
charges which it intends to adopt, including documentary 
evidence, witness testimony, 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 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 counsel 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 provided to a 
respondent under paragraph (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 rules of the committee;
    (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 pursuant to that 
paragraph shall be made public until--
    (A) such time as a statement of alleged violation is made 
public by the committee if the respondent has waived the 
adjudicatory hearing; or
    (B) the commencement of an adjudicatory hearing if the 
respondent has not waived an adjudicatory hearing;

but the failure of respondent and his counsel to so agree in 
writing, and their consequent failure to receive the evidence, 
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 committee has received constitutes a complaint;
    (B) a complaint or allegation is transmitted to an 
investigative subcommittee;
    (C) an investigative subcommittee votes to authorize its 
first subpoena or to take testimony under oath, whichever 
occurs first; or
    (D) an investigative subcommittee votes to expand 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 agreement, unless the respondent 
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 settlement discussions 
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 publicly disclosed 
without the consent of the respondent; and
    (8) whenever a motion to establish an investigative 
subcommittee does not prevail, the committee shall promptly 
send a letter to the respondent informing him of such vote.

Committee reporting requirements

    (q) The committee shall adopt rules to provide that--
    (1) whenever an investigative subcommittee does not adopt a 
statement of alleged violation and transmits a report to that 
effect to the committee, the committee may by an affirmative 
vote of a majority of its members transmit such report to the 
House of Representatives;
    (2) whenever an investigative subcommittee adopts a 
statement of alleged violation, the respondent admits to the 
violations set forth in such statement, 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 report for transmittal 
to the committee, a final draft of which shall be provided to 
the respondent not less than 15 calendar days before the 
subcommittee votes on whether to adopt the report;
    (B) the respondent may submit views in writing regarding 
the final draft to the subcommittee within seven calendar days 
of receipt of that draft;
    (C) the subcommittee shall transmit a report to the 
committee regarding the statement of alleged violation together 
with any views submitted by the respondent pursuant to 
subdivision (B), and the committee shall make the report 
together with the respondent's views available to the public 
before the commencement 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 Representatives, together with the respondent's 
views previously submitted pursuant to subdivision (B) and any 
additional views respondent 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 
report.

                      House Rule XXV, Clause 5(f)

    (f) All the provisions of this clause [the gift rule] shall 
be interpreted and enforced solely by the Committee on 
Standards of Official Conduct. The Committee on Standards of 
Official Conduct is authorized to issue guidance on any matter 
contained in this clause.

    In addition, a number of provisions of statutory law confer 
authority on the Committee. Specifically, for purposes of the 
statutes on gifts to Federal employees (5 U.S.C. Sec. 7353) and 
gifts to superiors (5 U.S.C. Sec. 7351), both the Committee and 
the House of Representatives are the ``supervising ethics 
office'' of House Members, officers, and employees. In 
addition, as discussed further in Part III below, for House 
Members and staff, the Committee is both the ``supervising 
ethics office'' with regard to financial disclosure and the 
``employing agency'' for certain purposes under the Foreign 
Gifts and Decorations Act. Finally, the outside employment and 
earned income limitations are administered by the Committee 
with respect to House Members and staff (5 U.S.C. app. 4 
Sec. 503(1)(A)).

                        II. Advice and Education

    Pursuant to a provision of the Ethics Reform Act of 1989 (2 
U.S.C. Sec. 29d(i)), the Committee maintains an Office of 
Advice and Education, which is staffed as directed by the 
Committee's Chairman and Ranking Minority Member. Under the 
statute, the primary responsibilities of the Office include the 
following:
           Providing information and guidance to House 
        Members, officers, and employees on the laws, rules, 
        and other standards of conduct applicable to them in 
        their official capacities;
           Drafting responses to specific advisory 
        opinion requests received from House Members and staff, 
        and submitting them to the Chairman and Ranking 
        Minority Member for review and approval;
           Drafting advisory memoranda on the ethics 
        rules for general distribution to House Members and 
        staff, and submitting them to the Chairman and Ranking 
        Member, or the full Committee, for review and approval; 
        and
           Developing and conducting educational 
        briefings for Members and staff.
The duties of the Office of Advice and Education are also 
addressed in Committee Rule 3, which sets out additional 
requirements and procedures for the issuance of Committee 
advisory opinions.
    Under Committee Rule 3(i), the Committee will keep 
confidential any request for advice from a Member, officer, or 
employee, as well as any response to such a request. As a 
further inducement to Members and staff to seek Committee 
advice whenever they have any uncertainty on the applicable 
laws, rules, or standards, statutory law (2 U.S.C. 
Sec. 29d(i)(4)) provides that no information provided to the 
Committee by a Member or staff person when seeking advice on 
prospective conduct may be used as a basis for initiating a 
Committee investigation, if the individual acts in accordance 
with the Committee's written advice. In the same vein, 
Committee Rule 3(j) provides that the Committee may take no 
adverse action in regard to any conduct that has been 
undertaken in reliance on a written opinion of the Committee if 
the conduct conforms to the specific facts addressed in the 
opinion. In addition, the Committee understands that federal 
courts may consider the good faith reliance of a House Member, 
officer, or employee on written Committee advice as a defense 
to Justice Department prosecution regarding certain statutory 
violations.
    The Committee believes that a broad, active program for 
advice and education is an extremely important means for 
attaining understanding of, and compliance with, the ethics 
rules. The specifics of the Committee's efforts in the areas of 
publications, briefings, and advisory opinion letters during 
the 109th Congress are set forth below. In addition, on a daily 
basis Committee staff attorneys provided informal advice in 
response to inquiries received from Members, staff persons, and 
others in telephone calls and e-mails directed to the Committee 
office, and in meetings.

                              PUBLICATIONS

    The Committee's major publications are the House Ethics 
Manual and two more recently issued booklets that update 
portions of the Manual. One of the booklets, Rules of the U.S. 
House of Representatives on Gifts and Travel (issued in April 
2000), provides a detained explanation of gift and travel rules 
applicable to House Members, officers and employees. The other 
booklet, Laws, Rules and Standards of Conduct on Campaign 
Activity (issued in December 2001), provides guidance for House 
Members, officers and employees when they engage in campaign or 
political activity. These two booklets supersede Chapters 2 and 
8, respectively, of the 1992 House Ethics Manual.
    The Committee updates and expands upon the materials in the 
Manual and the booklets, as well as highlights matters of 
particular concern, through the issuance of advisory memoranda 
and letters to all Members and staff. The letters and memoranda 
issued during the 109th Congress were as follows:
           The 2005 Outside Earned Income Limit, and 
        the Salary Levels at which the Outside Earned Income 
        and Employment Limitations, the Financial Disclosure 
        Requirement, and the Post-Employment Restrictions Apply 
        in 2005 (February 10, 2005),
           The 2006 Outside Earned Income Limit and the 
        Salary Levels at which the Outside Earned Income and 
        Employment Limitations, the Financial Disclosure 
        Requirement, and the Post-Employment Restrictions Apply 
        in 2006 (February 8, 2006),
           Interim Process for Voluntary Certification 
        of Privately Funded Travel Taken in Connection with 
        Official Duties (May 10, 2006),
           Use of Campaign Funds and Campaign-Funded 
        Resources for Official House Purposes (July 26, 2006),
           Laws, Rules, and Standards of Conduct 
        Governing Campaign Activity (July 26, 2006),
           Post-Employment and Related Restrictions for 
        Members and Officers (September 29, 2006),
           Post-Employment and Related Restrictions for 
        Staff (September 29, 2006),
           Ethics Laws and Rules for Departing Members 
        and Staff (November 15, 2006), and
           Member Swearing-in Receptions and Attendance 
        at Related Events (December 15, 2006).
    In addition to the advisory memoranda listed above, the 
Committee issued updated versions of its summary memorandum, 
Highlights of the House Ethics Rules, in February 2005 and 
February 2006. Copies of all Committee publications are 
available from the Committee office, and their text is posted 
on the Committee's website.

                               BRIEFINGS

    As part of its outreach and educational efforts during the 
109th Congress, the Committee conducted numerous briefings on 
the ethics rules for Members, staff, and others.
    In addition to briefings on financial disclosure (discussed 
in the next section), Committee staff held seven briefings on 
the ethics rules during 2005 and 2006 that were open to all 
House Members, officers, and employees. Five of those briefings 
provided a general overview of the ethics rules, and the other 
two, held in late 2006, were focused on the rules applicable to 
campaign activity. Finally, together with the Committee on 
House Administration, the Committee participated in two general 
briefings, one in 2005 and one in 2006, on the rules related to 
Member participation in the Congressional Art Competition.
    The Committee also held two briefings exclusively for 
Members on the ethics rules. In addition, the Committee made a 
presentation to the Members-elect of the 110th Congress as part 
of the New Member Orientation. As part of that presentation, 
the Committee provided to each incoming Member a copy of the 
Highlights of the House Ethics Rules memorandum and a 
memorandum noting points of particular interest to Members-
elect. The Committee also offered to each incoming Member the 
opportunity to schedule an individual briefing for the Member 
and the Member's staff on the ethics rules.
    In addition to these general presentations, Committee staff 
led more than 150 briefings tailored to the needs of an 
individual Member office, committee, or other House office.
    Committee staff also participated in nine briefings 
sponsored by the Congressional Research Service for district 
office employees and in approximately six briefings sponsored 
by outside organizations. The Committee also had an information 
booth at the House Services Fair held annually by the Chief 
Administrative Officer. In addition, Committee staff led 
approximately six briefings for visiting international 
dignitaries. Visitors from countries in South America and the 
Far East were particularly interested in the House ethics rules 
and enforcement procedures.
    The Committee will continue this outreach activity in the 
110th Congress.

                        ADVISORY OPINION LETTERS

    The Committee's Office of Advice and Education, under the 
direction and supervision of the Committee's Chairman and 
Ranking Minority Member, prepared more than 965 private 
advisory opinions during the 109th Congress. Opinions issued by 
the Committee in the 109th Congress addressed a wide range of 
subjects, including various provisions of the gift rule, travel 
funded by outside entities, Member or staff participation in 
fund-raising activities of charities and for other purposes, 
the outside earned income and employment limitations, campaign 
activity by staff, and the post-employment restrictions.
    In addition to issuing private advisory opinions, the 
Committee also instituted for the first time a new process for 
approval of officially-connected congressional trips sponsored 
by private entities. The process, described in the Committee's 
advisory memorandum of May 10, 2006, was created by the 
Committee as a means for private entities to obtain advanced, 
written approval (labeled ``certification'') from the Committee 
for any trip they planned to sponsor for House Members or 
staff. Under the certification process, prospective trip 
sponsors would provide detailed information to the Committee 
concerning the proposed trip. If a majority of Committee 
members approved the trip, the trip sponsor would receive a 
written letter from the Committee indicating that the trip was 
in compliance with House rules. The certification process was a 
voluntary one, instituted by the Committee in response to 
changes to the House rules that were proposed in House 
Resolution 4975, which is also discussed in sections IV and V 
of this Report.

 III. Financial Disclosure, Foreign Gifts and Decorations, and Travel 
                               Disclosure

    Title I of the Ethics in Government Act of 1978, as amended 
(5 U.S.C. app. 4 Sec. Sec. 101-111), requires certain officials 
in all branches of the Federal Government, as well as 
candidates for Federal office, to file publicly available 
statements that set out financial information regarding 
themselves and their families. On May 15 of each year, the 
covered individuals are required to file a statement that 
provides information for the preceding calendar year.
    The Act designates the Committee as the ``supervising 
ethics office'' of House Members, officers, and employees for 
purposes of financial disclosure and provides that the 
Committee is to administer the Act with regard to those 
officials. The Committee establishes policy, issues 
instructions, and designs the Financial Disclosure Statements 
to be filed by Members, officers, legislative branch employees, 
and candidates for the House. After statements are filed with 
the Legislative Resource Center of the Clerk of the House, they 
are forwarded to the Committee to be reviewed for compliance 
with the law. Accountants from the General Accounting Office 
assist the Committee in its review efforts.
    Each year the Committee publishes a detailed instruction 
booklet that is sent to each person required to file with the 
Clerk of the House. For the 2006 filings (covering calendar 
year 2005), the Committee issued two separate instruction 
booklets, one for current House Members and employees and a 
second for candidates and new employees. Prior to the May 15th 
filing date, the Committee also held three briefings on the 
financial disclosure requirements that were open to all 
Members, officers, and employees. At Member request, Committee 
staff also met on an individual basis with any Member who had 
questions regarding the preparation of the Member's statement. 
In addition, Committee staff members responded, by telephone, 
e-mail, or in person, to numerous questions on the financial 
disclosure filing requirements. Upon request, Committee staff 
reviewed statements in draft form, prior to their being 
formally filed with the Clerk, for compliance with the 
disclosure requirements in order to reduce errors and the need 
for amendments. The Committee encourages all financial 
disclosure filers to avail themselves of this service for their 
future filings.
    In calendar years 2005 and 2006, the Legislative Resource 
Center referred a total of 5,600 financial disclosure 
statements to the Committee for review under the statute. Of 
those, 4,626 were statements filed by current, new, or 
terminated House Members or employees, and 1,004 were 
statements filed by candidates for the House. Where the 
Committee review indicates that a filed statement has a 
deficiency, such as a failure to include required information, 
the Committee requests an amendment from the filer. The 
Committee also follows up with any filer whose statement 
indicates non-compliance with applicable law, such as the 
outside employment and earned income limitations. Where the 
Committee finds that a Member or staff person has received 
income in violation of any of these limitations, the Committee 
determines the appropriate remedy for the violation, which may 
include a requirement that the individual repay the amount that 
was improperly received.
    Pursuant to its responsibilities under 5 U.S.C. Sec. 7342, 
the Committee also continued its activities in implementing the 
Foreign Gifts and Decorations Act, including the disclosure and 
reporting requirements of the Act, and responded to questions 
from Members and staff regarding the Act. The regulations that 
the Committee has issued under the Act are published in the 
Committee's Gifts & Travel booklet. Reports of gifts from 
foreign governments (including travel and travel expenses) that 
Members and staff file in accordance with this Act are 
available for public inspection at the Committee office upon 
reasonable notice. Pursuant to the Act, the contents of those 
reports are published in the Federal Register on an annual 
basis.
    The Committee staff also reviews the Member Travel 
Disclosure Forms and the Employee Travel Disclosure Forms that 
are filed with the Legislative Resource Center (which makes the 
forms available to the public) pursuant to the gift rule (House 
Rule XXV, cl. 5). Where the Committee finds that a Member or 
staff person has improperly accepted travel or expenses, the 
Committee determines the appropriate remedy, which may include 
a requirement that reimbursement be made with personal funds.

                            IV. Legislation

    On April 6, 2006, the Committee met to mark up certain 
provisions of H. Res. 4975, the Lobbying Accountability and 
Transparency Act, which in part made changes to certain of the 
ethics rules enforced by the Committee. The Committee voted 
unanimously on that date to report the bill favorably, without 
amendment.

                              V. Hearings

    On May 3, 2006, the House passed H. Res. 4975, the Lobbying 
Accountability and Transparency Act of 2006. If enacted, that 
Act, among other provisions, would have prohibited House 
Members and staff from accepting payment of travel expenses 
from a private source for officially-connected travel unless 
the trip was first certified by the Committee as being in 
conformance with House rules. The Act also directed the 
Committee to issue a report proposing changes to House Rule XXV 
regarding the acceptance of gifts and travel expenses by 
Members and staff.
    Although the Act was not enacted during the 109th Congress, 
the Committee undertook to carry out some of its directives on 
a voluntary basis. The travel certification process is 
described above in Section II of this Report. In order to 
gather information regarding current and proposed rules on 
privately-funded travel, on June 7, 2006, the Committee held a 
public hearing, during which it heard testimony from 
representatives of entities that have sponsored past 
congressional travel and an interest group that advocates 
changes in the rules governing such travel.

                          VI. Committee Rules

    On May 4, 2005, the Committee met and adopted Committee 
rules for the 109th Congress, which were identical to the 
Committee rules for the 108th Congress. A copy of the Committee 
rules for the 109th Congress is included as Appendix I to this 
Report.

                          VII. Investigations

    On March 30, 2006, the Committee voted to carry over from 
the 108th Congress the matter concerning Representative James 
McDermott. On May 17, 2006, the Committee voted to establish an 
investigative subcommittee to investigate the conduct of 
Representative Robert W. Ney with regard to his acceptance of 
gifts, travel, or other benefits in exchange for actions taken 
in his capacity as a Member of Congress. Also on May 17, 2006, 
the Committee voted to establish an investigative subcommittee 
to investigate allegations that Representative William J. 
Jefferson or his family received money or other benefits in 
exchange for actions taken in his capacity as a Member of 
Congress. Also on May 17, 2006, the Committee issued a 
statement that it was closing its investigation of 
Representative Tom DeLay.
    On October 5, 2006, the Committee adopted a resolution 
establishing an investigative subcommittee to investigate the 
conduct of any House Members, officer, or employee related to 
information concerning any improper interaction between Members 
and current or former participants in the House Page Program.
    These investigative matters are described in more detail 
below.

Representative James McDermott

    A complaint was filed by Representative David L. Hobson 
against Representative James McDermott on November 16, 2004 
during the 108th Congress. Representative Hobson's complaint 
alleged that, in January 1997, Representative McDermott 
violated certain laws, rules and standards of conduct in 
disclosing to the news media the contents of an intercepted 
telephone conversation.
    On December 22, 2004, the Chairman and Ranking Minority 
Member of the Committee determined, under Committee Rule 
16(b)(2), to establish an Investigative Subcommittee and to 
forward portions of the complaint to that subcommittee. 
Representative Judy Biggert was designated to serve as Chairman 
of the Investigative Subcommittee, and Representative Lucille 
Roybal-Allard was designated to serve as its Ranking Minority 
Member. The other two members of the Investigative Subcommittee 
were Representative Phil English and Representative Robert C. 
Scott.
    On March 20, 2006, the Committee voted to carry over the 
matter regarding Representative McDermott to the 109th 
Congress. The members of the Investigative Subcommittee 
remained those appointed in 2004.
    On December 8, 2006, the Committee on Standards of Official 
Conduct voted to adopt the Report of the Investigative 
Subcommittee, ``In the Matter of Representative James 
McDermott,'' dated December 6, 2006, as the Report of the full 
Committee in this matter. The Report was transmitted to the 
House of Representatives on December 19, 2006. The 
Investigative Subcommittee concluded in its Report that 
Representative McDermott's actions ``were not consistent with 
the spirit of the Committee's rules.'' The Investigative 
Subcommittee decided against additional proceedings in this 
matter, and recommended to the full Committee that the Report 
of the Investigative Subcommittee be released to the public. 
The Report was released to the public on December 8, 2006.

Representative Robert W. Ney

    On May 17, 2006, the Committee voted to establish an 
Investigative Subcommittee to determine whether Representative 
Robert W. Ney violated any House rule, law, regulation, or 
other standard of conduct with respect to allegations that he 
received gifts, travel benefits, campaign contributions, or 
other items of value from Jack Abramoff, Michael Scanlon, Tony 
Rudy, Neil Volz, or any individuals or entities associated with 
any of them, in exchange for action taken by Representative Ney 
in his capacity as a Member of Congress. This action was 
undertaken following the guilty pleas by the four named 
individuals in federal court to numerous charges, including 
conspiracy to bribe public officials. The factual recitations 
in the guilty pleas of those individuals included details 
indicating that one of the public officials involved was 
Representative Ney.
    Representative Lamar S. Smith served as Chairman of the 
Investigative Subcommittee, and Representative Gene Green 
served as its Ranking Minority Member. The other two Members 
designated to serve on the Investigative Subcommittee were 
Representative Marsha Blackburn and Representative Xavier 
Becerra.
    On October 13, 2006, Representative Ney pleaded guilty in 
federal district court to conspiracy to commit multiple 
offenses--including honest services fraud, making false 
statements, and violations of his former chief of staff's one-
year lobbying ban--and with making false statements to the 
House. As part of his plea, Representative Ney admitted that he 
corruptly solicited and accepted things of value, including 
trips, meals, concert and sporting tickets, thousands of 
dollars worth of gambling chips, and tens of thousands of 
dollars of campaign contributions and in-kind contributions 
such as free fundraisers, from certain lobbyists and a foreign 
businessman, with the intent to be influenced and induced to 
take official actions. Ney also admitted conspiring to aid and 
abet violations of the federal one-year lobbying ban by his 
former chief of staff. He further admitted to making false 
statements to the House on travel and financial disclosure 
forms filed by the Clerk of the House. He is due to be 
sentenced in federal court on both counts on January 19, 2007.
    Following his guilty plea, Representative Ney resigned from 
the House as of November 3, 2006. As a result of his 
resignation, the Committee no longer has jurisdiction over 
Representative Ney.

Representative William J. Jefferson

    On May 17, 2006, the Committee voted to establish an 
Investigative Subcommittee to determine whether Representative 
William J. Jefferson violated any House rule, law, regulation, 
or other standard of conduct with respect to allegations that 
he or his family members received cash, stock shares, 
agreements for future profits, offers of employment, travel 
benefits, or other items of value from certain individuals or 
entities in exchange for action taken by Representative 
Jefferson in his capacity as a Member of Congress or as a 
result of his status as a Member of Congress. This action was 
undertaken following guilty pleas by two individuals, one of 
whom was a former staff member of Representative Jefferson, in 
federal court to conspiracy to bribe a public official, whom 
they specifically identified as Representative Jefferson.
    Representative Melissa Hart was appointed as Chairman of 
the Investigative Subcommittee, and Representative Stephanie 
Tubbs Jones served as its Ranking Minority Member. The other 
two members of the Investigative Subcommittee were 
Representative Tom Latham and Representative Adam Schiff.

Representative Tom DeLay

    On June 15, 2004, then-Representative Chris Bell filed a 
complaint against Representative Tom DeLay. The complaint 
included three counts against Representative DeLay. Two of 
those counts were addressed by the Committee during the 108th 
Congress; details on the substance and disposition of those 
counts are provided in the Committee's Summary of Activities 
for the 108th Congress.
    The remaining count of the complaint alleged that 
Representative DeLay had used Texans for Republican Majority 
(``TRMPAC''), a political action committee with which he was 
affiliated, to direct corporate funds to campaigns for state-
level offices in Texas in violation of the Texas election code. 
During the 108th Congress, the Committee determined to defer 
action on this count in accordance with Committee Rule 15(f) 
pending further action on the matter in Texas state court and 
the outcome of a continuing investigation by the District 
Attorney of Travis County, Texas.
    On May 11, 2006, Representative DeLay informed the Speaker 
that he was resigning his House seat effective June 9, 2006. 
The Committee issued a statement on May 17, 2006 announcing 
that, in light of Representative DeLay's impending departure 
from the House, it was closing its investigation on the 
remaining count of the Bell complaint without taking any action 
on that count.
    In that same May 17 statement, the Chairman and Ranking 
Minority Member also noted that allegations had been made 
concerning Representative DeLay's participation in certain 
overseas trips funded by private entities. The Chairman and 
Ranking Minority Member stated that, but for Representative 
DeLay's resignation from the House, they would have recommended 
that the full Committee vote on whether to form an 
investigative subcommittee to seek additional information on 
that matter.

Investigation of Allegations Related to Improper Conduct Involving 
        Members and Current or Former House Pages

    On October 5, 2006, the Committee adopted a resolution 
which established an Investigative Subcommittee to investigate 
the action, or lack of action, by House Members, officers, and 
employees with regard to information concerning the alleged 
improper conduct of Members towards current or former 
participants in the House page program. This investigation was 
undertaken following media reports made in late September 2006 
that Representative Mark Foley had engaged in electronic mail 
or instant messaging of a suggestive or sexual nature with 
former participants in the House page program. Representative 
Foley resigned from the House on September 29, 2006, 
immediately following widespread reporting of the matter by the 
media. That same day, the House, by unanimous vote, referred to 
the Committee House Resolution 1065, expressing the desire of 
the House that the Committee convene an investigative 
subcommittee ``to fully and expeditiously determine the facts 
connected with Representative Foley's conduct and the response 
thereto.''
    The Investigative Subcommittee was convened pursuant to 
Committee Rules 1(c), 14(a)(3), and 18(a), which authorize the 
Committee to establish an investigative subcommittee on its own 
initiative, in an effort to determine the extent to which any 
Members, officers, or House employees may have been aware of 
any improper conduct by Representative Foley, or any other 
Member, with current or former participants in the page program 
prior to the September 2006 media reports.
    The resolution adopted by the Committee provided as 
follows:
    Whereas certain allegations have arisen related to 
communications and interactions between former Representative 
Mark Foley and current or former participants in the U.S. House 
of Representatives Page Program; and
    Whereas certain additional allegations have arisen 
regarding the conduct of certain Members and employees of the 
House related to communications and interactions between former 
Representative Mark Foley and current or former participants in 
the U.S. House of Representatives Page Program; and
    Whereas the conduct of a Member, officer, or employee of 
the House, in connection with the aforementioned allegations, 
may have violated the Code of Official Conduct or one or more 
law, rule, regulation, or other standard of conduct applicable 
to the conduct of a Member, officer, or employee of the House 
in the performance of his or her duties or the discharge of his 
or her responsibilities; and
    Whereas the Committee has authority to investigate such 
conduct pursuant to House Rule XI, clauses 3(a)(2) and 
(3)(b)(2), and pursuant to Committee Rules 14(a)(3) and 18; and
    Whereas the Committee has determined pursuant to Committee 
Rule 1(c) that the interests of justice require the adoption of 
special procedures in order for the Committee to carry out its 
investigative and enforcement responsibilities with respect to 
the aforementioned allegations;
    It is hereby resolved by the Committee--
    1. That an Investigative Subcommittee be established with 
jurisdiction to conduct a full and complete inquiry and 
investigation into any conduct of House Members, officers and 
staff related to information concerning improper conduct 
involving Members and current and former House Pages;
    2. That the scope of the inquiry may extend to any matters 
related to the jurisdiction of the Investigative Subcommittee 
as set forth in this resolution;
    3. That the Investigative Subcommittee is authorized to 
advise the public at large that it is interested in receiving 
information and testimony from any person with first-hand 
information regarding the matters within the jurisdiction of 
the Investigative Subcommittee;
    4. That at the conclusion of its inquiry, the Investigative 
Subcommittee shall report to the Committee its findings, 
conclusions, and recommendations;
    5. That the Members of the Investigative Subcommittee shall 
be designated pursuant to Committee Rule 19(a);
    6. That Committee Rules 7 (Confidentiality), 8(a) 
(Subcommittees--General Policy and Structure), 9 (Quorums and 
Member Disqualification), and 10 (Vote Requirements) are fully 
applicable to this inquiry by the Investigative Subcommittee;
    7. That the Investigative Subcommittee is authorized to 
obtain evidence and relevant information by the means and in 
the manner set forth in Committee Rules 19(b)--(c), except as 
those rules apply to respondents;
    8. That witnesses before the Investigative Subcommittee 
shall be furnished with a copy of the special procedures for 
this inquiry (as set forth in this resolution), as well as 
accorded the rights set forth in Committee Rules 26(k)--(o);
    9. That the Committee intends that all witnesses who 
provide testimony before the Investigative Subcommittee should 
be sequestered and should not communicate with any other 
witnesses regarding any aspect of their testimony unless the 
Investigative Subcommittee permits otherwise;
    10. That except as otherwise provided in this Resolution, 
the Rules of the Committee shall be applicable in this matter 
and will be interpreted by the Investigative Subcommittee and 
the Committee in a manner not inconsistent with this 
Resolution.
    In accordance with Committee Rule 19(a), Committee Chairman 
Doc Hastings and Ranking Minority Member Howard L. Berman 
designated themselves as chairman and ranking minority member, 
respectively, of the Investigative Subcommittee. The other two 
members of the Investigative Subcommittee were the next most 
senior members of the Committee, Representative Judy Biggert 
and Representative Stephanie Tubbs Jones.
    The evidence obtained by the Investigative Subcommittee 
during its inquiry included, but was not limited to, the sworn 
testimony of eight Members of the House (including members of 
the leadership and the House Page Board), three current or 
former officers of the House, and interviews and sworn 
testimony obtained from approximately 45 other witnesses, 
including House employees and former participants in the page 
program. During the inquiry, approximately 3,500 pages of 
transcribed sworn testimony and witness statements resulted 
from proceedings before the Investigative Subcommittee or 
interviews with Investigative Subcommittee counsel. In 
addition, the Investigative Subcommittee sought, via informal 
request or subpoena, and received several hundred pages of 
documents and records from witnesses it determined possessed 
relevant materials.
    The Investigative Subcommittee completed its investigation 
in December 2006. Pursuant to its charge, at the conclusion of 
its inquiry, the Investigative Subcommittee prepared a report 
to the full Committee with the Investigative Subcommittee's 
findings, conclusions, and recommendations.
    On December 8, 2006, the full Committee voted to allow the 
Investigative Subcommittee to release its Report, entitled 
``Investigation of Allegations Related to Improper Conduct 
Involving Members and Current or Former House Pages,'' to the 
public, which was done on December 8, 2006. On that same date, 
the full Committee voted to transmit the report of the 
Investigative Subcommittee to the House. The Report was 
transmitted to the House on December 19, 2006.
    As explained in the Report, the Investigative Subcommittee 
found that, although some Members and employees of the House 
had knowledge regarding Representative Foley's conduct with 
current or former House pages, many of those individuals either 
did not take responsive action regarding that knowledge or 
acted with insufficient diligence or oversight. The Committee 
further found that none of the conduct of any Member or 
employee was sufficient to establish a violation of any 
provision of the House Code of Official Conduct. Accordingly, 
the Investigative Subcommittee recommended that the matter be 
closed without instituting any further investigative or 
adjudicative proceedings against any Member or employee.
    The Report of the Investigative Subcommittee also 
recommended changes to the administration and oversight of the 
House page program. These recommendations included constituting 
the House Page Board with equal representation from both 
parties and requiring that the Page Board hold regular 
meetings.

                     VIII. Other Committee Actions

    Matter related to the conduct of Representative Randall 
``Duke'' Cunningham'': Representative Randall ``Duke'' 
Cunningham resigned from the House on December 1, 2005 after 
pleading guilty in federal court to engaging in a criminal 
conspiracy and tax evasion. Following his resignation, numerous 
news media reports suggested that Representative Cunningham and 
possibly other Members and staff were provided with hotel 
rooms, limousines, and other services in exchange for 
performing official acts.
    On May 17, 2006, the Chairman and Ranking Minority Member 
publicly announced that they had begun informal fact-gathering 
related to this matter under Committee Rule 18(a).
    Representative John Conyers: The Chairman and Ranking 
Minority Member, pursuant to Committee Rule 18(a), initiated an 
informal inquiry in December 2003 into reports that members of 
the congressional staff of Representative John Conyers had 
performed campaign activity on official time and in some 
instances using official resources, and that some staff members 
may have been compelled to do campaign work or personal work 
for Representative Conyers. The assertions, if true, could 
implicate a number of laws and House rules applicable to 
Members, including: House Rule 23, clause 1 (requiring the 
conduct of a Member or employee to reflect creditably on the 
House); House Rule 23, clause 8 (requiring that congressional 
staff perform official duties commensurate with compensation); 
31 U.S.C. Sec. 1301(a) and corresponding regulations of the 
Committee on House Administration (providing that official 
funds may be used only for the purposes appropriated); and 18 
U.S.C. Sec. 606 (prohibiting adverse personnel action or 
intimidation to secure money or services for a political 
purpose).
    During the course of their inquiry, the Chairman and 
Ranking Member asked for and received information, including 
documents, from several sources, including Representative 
Conyers. Committee staff also interviewed witnesses regarding 
the allegations. In the course of providing information to the 
Committee, Representative Conyers acknowledged what he 
characterized as a ``lack of clarity'' in his communications 
with staff members regarding their official duties and 
responsibilities, and accepted responsibility for his actions. 
Representative Conyers also provided the Committee with 
documents indicating that he had begun taking steps to provide 
clearer guidance to staff regarding the requirement that 
campaign work and official work be separate.
    On December 29, 2006, the Chairman and Ranking Minority 
Member issued a public statement indicating that the matter 
would be resolved through the issuance of the public statement 
and the agreement by Representative Conyers to take a number of 
additional steps to ensure that his office complies with all 
rules and standards regarding campaign work by congressional 
staff. Among the conditions agreed to by Representative Conyers 
were: (1) prohibiting his personal congressional staff (other 
than his Chief of Staff) from performing any campaign-related 
work, including work done on a voluntary basis, during the 
110th Congress, unless the staff member goes on leave without 
pay status from the House and obtains prior written approval 
from the Committee, and informing each member of his staff in 
writing of that prohibition; (2) distributing a memorandum to 
each member of his congressional staff setting forth the House 
rules concerning the performance of campaign and other non-
official work by congressional staff; (3) requiring his 
congressional staff to attend a briefing conducted by Committee 
counsel on the application of, and compliance with, House rules 
concerning the performance of campaign work by congressional 
staff, and providing a similar briefing within his 
congressional office on an annual basis; and (4) maintaining a 
detailed time-keeping system for his staff.
    Representative Tom Feeney: Representative Tom Feeney 
contacted the Committee in March 2005 after media reports 
regarding a trip he had taken to Scotland in August 2003. The 
media reports concerned allegations that the trip had been paid 
for by lobbyist Jack Abramoff, rather than the trip sponsor he 
had reported, and that the trip may have been substantially 
recreational in nature, contrary to House rules. See House Rule 
25, cls. 5(b)(1)(A), 5(b)(1)(B). Representative Feeney reported 
the cost of his participation in the trip as $5,643. The 
Chairman and Ranking Minority Member instituted an informal 
investigation of the matter pursuant to Committee Rule 18(a), 
and concluded that the trip did not comply with House rules. 
Representative Feeney agreed to resolve the matter by paying 
the cost of the trip to the United States Treasury
    Representative Curt Weldon: The Chairman and Ranking 
Minority Member, pursuant to Committee Rule 18(a), reviewed a 
trip taken by Representative Curt Weldon and ten of his family 
members in January 2003. Prior to taking the trip, 
Representative Weldon sought formal Committee guidance 
regarding whether the trip complied with gift rule provisions 
permitting a Member to accept travel and other benefits 
resulting from outside activities that are unrelated to 
official duties. Committee counsel advised Representative 
Weldon, through his staff, that he could not rely on that 
provision of the gift rule. Representative Weldon then sought a 
gift rule waiver from the Committee, but he withdrew that 
request prior to receiving a formal written response from the 
Committee.
    Following the trip, Representative Weldon, through counsel, 
made a submission to the Committee asserting that the trip was 
unrelated to his official duties and was therefore not subject 
to certain gift rule limitations. After reviewing this 
submission, the Chairman and Ranking Minority Member concluded 
that the trip was in fact officially connected. As a result, 
payment by the trip sponsors for the participation in the trip 
by family members of Representative Weldon in excess of the one 
family member permitted by the gift rule was prohibited. By 
letter dated September 29, 2006, the Committee informed 
Representative Weldon that he was required to repay to the 
donors certain expenses of that trip, which exceeded $23,000.
    To date, Representative Weldon has not made the repayment 
as required by the Committee, but he has, through a letter from 
his counsel to the Committee dated December 29, 2006, expressed 
his intent to do so.
    In addition to the publicly-disclosed matters discussed in 
this report, the Chairman and Ranking Minority Member of the 
Committee either commenced or continued from the 108th Congress 
fact-gathering under Committee Rule 18(a) regarding the conduct 
of nine other Members and one House employee. Of these matters, 
three were resolved during the 109th Congress without the 
empanelment of an investigative subcommittee or other formal 
action by the Committee, and the remaining matters are still 
pending.
                               APPENDIX I
?


                                  RULES

                         Committee on Standards
                           of Official Conduct




                           Adopted May 4, 2005

                             109th Congress

                      U.S. HOUSE OF REPRESENTATIVES
                          WASHINGTON, DC 20515
                                  RULES

                         Committee on Standards
                           of Official Conduct




                           Adopted May 4, 2005

                             109th Congress

                      U.S. HOUSE OF REPRESENTATIVES
                          WASHINGTON, DC 20515

    ----------------------------------------------------------------
             For sale by the U.S. Government Printing Office
 Superintendent of Documents, Mail Stop: SSOP Washington, DC 20402-9328
COMMITTEE ON STANDARDS OF OFFICIAL CONDUCT

                 United States House of Representatives

                       One Hundred Ninth Congress

    DOC HASTINGS, Washington, Chairman
    JUDY BIGGERT, Illinois
    LAMAR S. SMITH, Texas
    MELISSA A. HART, Pennsylvania
    TOM COLE, Oklahoma

    ALAN B. MOLLOHAN, West Virginia, Ranking Minority Member
    STEPHANIE TUBBS JONES, Ohio
    GENE GREEN, Texas
    LUCILLE ROYBAL-ALLARD, California
    MICHAEL F. DOYLE, Pennsylvania
                              ----------                              

    Kenneth E. Kellner, Acting Chief Counsel

                                  (ii)


                                CONTENTS

                              ----------                              

        RULES OF THE COMMITTEE ON STANDARDS OF OFFICIAL CONDUCT
                    PART I--GENERAL COMMITTEE RULES

                                                                   Page
RULE 1. General Provisions.......................................     1
RULE 2. Definitions..............................................     2
RULE 3. Advisory Opinions and Waivers............................     3
RULE 4. Financial Disclosure.....................................     6
RULE 5. Meetings.................................................    11
RULE 6. Committee Staff..........................................    12
RULE 7. Confidentiality..........................................    14
RULE 8. Subcommittees--General Policy and Structure..............    17
RULE 9. Quorums and Member Disqualification......................    18
RULE 10. Vote Requirements.......................................    19
RULE 11. Committee Records.......................................    20
RULE 12. Broadcasts of Committee and Subcommittee Proceedings....    20

                    PART II--INVESTIGATIVE AUTHORITY

RULE 13. House Resolution........................................    22
RULE 14. Committee Authority to Investigate--General Policy......    22
RULE 15. Complaints..............................................    15
RULE 16. Duties of Committee Chairman and Ranking Minority Member    25
RULE 17. Processing of Complaints................................    28
RULE 18. Committee-Initiated Inquiry.............................    29
RULE 19. Investigative Subcommittee..............................    30
RULE 20. Amendments to Statements of Alleged Violation...........    35
RULE 21. Committee Reporting Requirements........................    36
RULE 22. Respondent's Answer.....................................    37
RULE 23. Adjudicatory Hearings...................................    40
RULE 24. Sanction Hearing and Consideration of Sanctions or Other 
  Recommendations................................................    47
RULE 25. Disclosure of Exculpatory Information to Respondent.....    49
RULE 26. Rights of Respondents and Witnesses.....................    50
RULE 27. Frivolous Filings.......................................    55
RULE 28. Referrals to Federal or State Authorities...............    55

                                 (iii)
                                FOREWORD

    The Committee on Standards of Official Conduct is unique in 
the House of Representatives. Consistent with the duty to carry 
out its advisory and enforcement responsibilities in an 
impartial manner, the Committee is the only standing committee 
of the House of Representatives the membership of which is 
divided evenly by party. These rules are intended to provide a 
fair procedural framework for the conduct of the Committee's 
activities and to help insure that the Committee serves well 
the people of the United States, the House of Representatives, 
and the Members, officers, and employees of the House of 
Representatives.

                    PART I--GENERAL COMMITTEE RULES

                       Rule 1. General Provisions

    (a) So far as applicable, these rules and the Rules of the 
House of Representatives shall be the rules of the Committee 
and any subcommittee. The Committee adopts these rules under 
the authority of clause 2(a)(1) of Rule XI of the Rules of the 
House of Representatives, 109th Congress.
    (b) The rules of the Committee may be modified, amended, or 
repealed by a vote of a majority of the Committee.
    (c) When the interests of justice so require, the 
Committee, by a majority vote of its members, may adopt any 
special procedures, not inconsistent with these rules, deemed 
necessary to resolve a particular matter before it. Copies of 
such special procedures shall be furnished to all parties in 
the matter.
    (d) The Chairman and Ranking Minority Member shall have 
access to such information that they request as necessary to 
conduct Committee business.

                          Rule 2. Definitions

    (a) ``Committee'' means the Committee on Standards of 
Official Conduct.
    (b) ``Complaint'' means a written allegation of improper 
conduct against a Member, officer, or employee of the House of 
Representatives filed with the Committee with the intent to 
initiate an inquiry.
    (c) ``Inquiry'' means an investigation by an investigative 
subcommittee into allegations against a Member, officer, or 
employee of the House of Representatives.
    (d) ``Investigative Subcommittee'' means a subcommittee 
designated pursuant to Rule 19(a) to conduct an inquiry to 
determine if a Statement of Alleged Violation should be issued.
    (e) ``Statement of Alleged Violation'' means a formal 
charging document filed by an investigative subcommittee with 
the Committee containing specific allegations against a Member, 
officer, or employee of the House of Representatives of 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.
    (f) ``Adjudicatory Subcommittee'' means a subcommittee 
designated pursuant to Rule 23(a), that holds an adjudicatory 
hearing and determines whether the counts in a Statement of 
Alleged Violation are proved by clear and convincing evidence.
    (g) ``Sanction Hearing'' means a Committee hearing to 
determine what sanction, if any, to adopt or to recommend to 
the House of Representatives.
    (h) ``Respondent'' means a Member, officer, or employee of 
the House of Representatives who is the subject of a complaint 
filed with the Committee or who is the subject of an inquiry or 
a Statement of Alleged Violation.
    (i) ``Office of Advice and Education'' refers to the Office 
established by section 803(i) of the Ethics Reform Act of 1989. 
The Office handles inquiries; prepares written opinions in 
response to specific requests; develops general guidance; and 
organizes seminars, workshops, and briefings for the benefit of 
the House of Representatives.
    (j) ``Member'' means a Representative in, or a Delegate to, 
or the Resident Commissioner to, the U.S. House of 
Representatives.

                 Rule 3. Advisory Opinions and Waivers

    (a) The Office of Advice and Education shall handle 
inquiries; prepare written opinions providing specific advice; 
develop general guidance; and organize seminars, workshops, and 
briefings for the benefit of the House of Representatives.
    (b) Any Member, officer, or employee of the House of 
Representatives, may request a written opinion with respect to 
the propriety of any current or proposed conduct of such 
Member, officer, or employee.
    (c) The Office of Advice and Education may provide 
information and guidance regarding laws, rules, regulations, 
and other standards of conduct applicable to Members, officers, 
and employees in the performance of their duties or the 
discharge of their responsibilities.
    (d) In general, the Committee shall provide a written 
opinion to an individual only in response to a written request, 
and the written opinion shall address the conduct only of the 
inquiring individual, or of persons for whom the inquiring 
individual is responsible as employing authority.
    (e) A written request for an opinion shall be addressed to 
the Chairman of the Committee and shall include a complete and 
accurate statement of the relevant facts. A request shall be 
signed by the requester or the requester's authorized 
representative or employing authority. A representative shall 
disclose to the Committee the identity of the principal on 
whose behalf advice is being sought.
    (f) The Office of Advice and Education shall prepare for 
the Committee a response to each written request for an opinion 
from a Member, officer or employee. Each response shall discuss 
all applicable laws, rules, regulations, or other standards.
    (g) Where a request is unclear or incomplete, the Office of 
Advice and Education may seek additional information from the 
requester.
    (h) The Chairman and Ranking Minority Member are authorized 
to take action on behalf of the Committee on any proposed 
written opinion that they determine does not require 
consideration by the Committee. If the Chairman or Ranking 
Minority Member requests a written opinion, or seeks a waiver, 
extension, or approval pursuant to Rules 3(l), 4(c), 4(e), or 
4(h), the next ranking member of the requester's party is 
authorized to act in lieu of the requester.
    (i) The Committee shall keep confidential any request for 
advice from a Member, officer, or employee, as well as any 
response thereto.
    (j) The Committee may take no adverse action in regard to 
any conduct that has been undertaken in reliance on a written 
opinion if the conduct conforms to the specific facts addressed 
in the opinion.
    (k) Information provided to the Committee by a Member, 
officer, or employee seeking advice regarding prospective 
conduct may not be used as the basis for initiating an 
investigation under clause 3(a)(2) or clause 3(b) of Rule XI of 
the Rules of the House of Representatives, if such Member, 
officer, or employee acts in good faith in accordance with the 
written advice of the Committee.
    (l) A written request for a waiver of clause 5 of House 
Rule XXV (the House gift rule), or for any other waiver or 
approval, shall be treated in all respects like any other 
request for a written opinion.
    (m) A written request for a waiver of clause 5 of House 
Rule XXV (the House gift rule) shall specify the nature of the 
waiver being sought and the specific circumstances justifying 
the waiver.
    (n) An employee seeking a waiver of time limits applicable 
to travel paid for by a private source shall include with the 
request evidence that the employing authority is aware of the 
request. In any other instance where proposed employee conduct 
may reflect on the performance of official duties, the 
Committee may require that the requester submit evidence that 
the employing authority knows of the conduct.

                      Rule 4. Financial Disclosure

    (a) In matters relating to Title I of the Ethics in 
Government Act of 1978, the Committee shall coordinate with the 
Clerk of the House of Representatives, Legislative Resource 
Center, to assure that appropriate individuals are notified of 
their obligation to file Financial Disclosure Statements and 
that such individuals are provided in a timely fashion with 
filing instructions and forms developed by the Committee.
    (b) The Committee shall coordinate with the Legislative 
Resource Center to assure that information that the Ethics in 
Government Act requires to be placed on the public record is 
made public.
    (c) The Chairman and Ranking Minority Member are authorized 
to grant on behalf of the Committee requests for reasonable 
extensions of time for the filing of Financial Disclosure 
Statements. Any such request must be received by the Committee 
no later than the date on which the statement in question is 
due. A request received after such date may be granted by the 
Committee only in extraordinary circumstances. Such extensions 
for one individual in a calendar year shall not exceed a total 
of 90 days. No extension shall be granted authorizing a 
nonincumbent candidate to file a statement later than 30 days 
prior to a primary or general election in which the candidate 
is participating.
    (d) An individual who takes legally sufficient action to 
withdraw as a candidate before the date on which that 
individual's Financial Disclosure Statement is due under the 
Ethics in Government Act shall not be required to file a 
Statement. An individual shall not be excused from filing a 
Financial Disclosure Statement when withdrawal as a candidate 
occurs after the date on which such Statement was due.
    (e) Any individual who files a report required to be filed 
under title I of the Ethics in Government Act more than 30 days 
after the later of--
    (1) the date such report is required to be filed, or
    (2) if a filing extension is granted to such individual, 
the last day of the filing extension period, is required by 
such Act to pay a late filing fee of $200. The Chairman and 
Ranking Minority Member are authorized to approve requests that 
the fee be waived based on extraordinary circumstances.
    (f) Any late report that is submitted without a required 
filing fee shall be deemed procedurally deficient and not 
properly filed.
    (g) The Chairman and Ranking Minority Member are authorized 
to approve requests for waivers of the aggregation and 
reporting of gifts as provided by section 102(a)(2)(C) of the 
Ethics in Government Act. If such a request is approved, both 
the incoming request and the Committee response shall be 
forwarded to the Legislative Resource Center for placement on 
the public record.
    (h) The Chairman and Ranking Minority Member are authorized 
to approve blind trusts as qualifying under section 102(f)(3) 
of the Ethics in Government Act. The correspondence relating to 
formal approval of a blind trust, the trust document, the list 
of assets transferred to the trust, and any other documents 
required by law to be made public, shall be forwarded to the 
Legislative Resource Center for such purpose.
    (i) The Committee shall designate staff counsel who shall 
review Financial Disclosure Statements and, based upon 
information contained therein, indicate in a form and manner 
prescribed by the Committee whether the Statement appears 
substantially accurate and complete and the filer appears to be 
in compliance with applicable laws and rules.
    (j) Each Financial Disclosure Statement shall be reviewed 
within 60 days after the date of filing.
    (k) If the reviewing counsel believes that additional 
information is required because (1) the Statement appears not 
substantially accurate or complete, or (2) the filer may not be 
in compliance with applicable laws or rules, then the reporting 
individual shall be notified in writing of the additional 
information believed to be required, or of the law or rule with 
which the reporting individual does not appear to be in 
compliance. Such notice shall also state the time within which 
a response is to be submitted. Any such notice shall remain 
confidential.
    (l) Within the time specified, including any extension 
granted in accordance with clause (c), a reporting individual 
who concurs with the Committee's notification that the 
Statement is not complete, or that other action is required, 
shall submit the necessary information or take appropriate 
action. Any amendment may be in the form of a revised Financial 
Disclosure Statement or an explanatory letter addressed to the 
Clerk of the House of Representatives.
    (m) Any amendment shall be placed on the public record in 
the same manner as other Statements. The individual designated 
by the Committee to review the original Statement shall review 
any amendment thereto.
    (n) Within the time specified, including any extension 
granted in accordance with clause (c), a reporting individual 
who does not agree with the Committee that the Statement is 
deficient or that other action is required, shall be provided 
an opportunity to respond orally or in writing. If the 
explanation is accepted, a copy of the response, if written, or 
a note summarizing an oral response, shall be retained in 
Committee files with the original report.
    (o) The Committee shall be the final arbiter of whether any 
Statement requires clarification or amendment.
    (p) If the Committee determines, by vote of a majority of 
its members, that there is reason to believe that an individual 
has willfully failed to file a Statement or has willfully 
falsified or willfully failed to file information required to 
be reported, then the Committee shall refer the name of the 
individual, together with the evidence supporting its finding, 
to the Attorney General pursuant to section 104(b) of the 
Ethics in Government Act. Such referral shall not preclude the 
Committee from initiating such other action as may be 
authorized by other provisions of law or the Rules of the House 
of Representatives.

                            Rule 5. Meetings

    (a) The regular meeting day of the Committee shall be the 
second Wednesday of each month, except when the House of 
Representatives is not meeting on that day. When the Committee 
Chairman determines that there is sufficient reason, a meeting 
may be called on additional days. A regularly scheduled meeting 
need not be held when the Chairman determines there is no 
business to be considered.
    (b) The Chairman shall establish the agenda for meetings of 
the Committee and the Ranking Minority Member may place 
additional items on the agenda.
    (c) All meetings of the Committee or any subcommittee shall 
occur in executive session unless the Committee or 
subcommittee, by an affirmative vote of a majority of its 
members, opens the meeting or hearing to the public.
    (d) Any hearing held by an adjudicatory subcommittee or any 
sanction hearing held by the Committee shall be open to the 
public unless the Committee or subcommittee, by an affirmative 
vote of a majority of its members, closes the hearing to the 
public.
    (e) A subcommittee shall meet at the discretion of its 
Chairman.
    (f) Insofar as practicable, notice for any Committee or 
subcommittee meeting shall be provided at least seven days in 
advance of the meeting. The Chairman of the Committee or 
subcommittee may waive such time period for good cause.

                        Rule 6. Committee Staff

    (a) The staff is to be assembled and retained as a 
professional, nonpartisan staff.
    (b) Each member of the staff shall be professional and 
demonstrably qualified for the position for which he is hired.
    (c) The staff as a whole and each individual member of the 
staff shall perform all official duties in a nonpartisan 
manner.
    (d) No member of the staff shall engage in any partisan 
political activity directly affecting any congressional 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 Committee without specific prior approval from 
the Chairman and Ranking Minority Member.
    (f) 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 meeting of the membership of the 
Committee during each Congress and as necessary during the 
Congress.
    (g) Subject to the approval of the Committee on House 
Administration, the Committee may retain counsel not employed 
by the House of Representatives whenever 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.
    (h) If the Committee determines that it is necessary 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.
    (i) Outside counsel may be dismissed prior to the end of a 
contract between the Committee and such counsel only by a 
majority vote of the members of the Committee.
    (j) In addition to any other staff provided for by law, 
rule, or other authority, with respect to the Committee, the 
Chairman and Ranking Minority Member each may appoint one 
individual as a shared staff member from his or her personal 
staff to perform service for the Committee. Such shared staff 
may assist the Chairman or Ranking Minority Member on any 
subcommittee on which he serves. Only paragraphs (c) and (e) of 
this Rule and Rule 7(b) shall apply to shared staff.

                        Rule 7. Confidentiality

    (a) Before any Member or employee of the Committee, 
including members of an investigative subcommittee selected 
under clause 5(a)(4) of Rule X of the House of Representatives 
and shared staff designated pursuant to Committee Rule 6(j), 
may have access to information that is confidential under the 
rules of the Committee, the following oath (or affirmation) 
shall be executed in writing:
    ``I do solemnly swear (or affirm) that I will not disclose, 
to any person or entity outside the Committee on Standards of 
Official Conduct, any information received in the course of my 
service with the Committee, except as authorized by the 
Committee or in accordance with its rules.''
    Copies of the executed oath shall be provided to the Clerk 
of the House as part of the records of the House. Breaches of 
confidentiality shall be investigated by the Committee and 
appropriate action shall be taken.
    (b) 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 classified and that is obtained during the course 
of employment with the Committee.
    (c) Committee members and staff shall not disclose any 
evidence relating to an investigation to any person or 
organization outside the Committee unless authorized by the 
Committee.
    (d) Members and staff of the Committee shall not disclose 
to any person or organization outside the Committee, unless 
authorized by the Committee, any information regarding the 
Committee's or a subcommittee's investigative, adjudicatory or 
other proceedings, including but not limited to: (i) the fact 
or nature of any complaints; (ii) executive session 
proceedings; (iii) information pertaining to or copies of any 
Committee or subcommittee report, study or other document which 
purports to express the views, findings, conclusions or 
recommendations of the Committee or subcommittee in connection 
with any of its activities or proceedings; or (iv) any other 
information or allegation respecting the conduct of a Member, 
officer or employee of the House.
    (e) Except as otherwise specifically authorized by the 
Committee, no Committee member or staff member shall disclose 
to any person outside the Committee, the name of any witness 
subpoenaed to testify or to produce evidence.
    (f) The Committee shall not disclose to any person or 
organization outside the Committee any information concerning 
the conduct of a respondent until it has transmitted a 
Statement of Alleged Violation to such respondent and the 
respondent has been given full opportunity to respond pursuant 
to Rule 22. The Statement of Alleged Violation and any written 
response thereto shall be made public at the first meeting or 
hearing on the matter that is open to the public after such 
opportunity has been provided. Any other materials in the 
possession of the Committee regarding such statement may be 
made public as authorized by the Committee to the extent 
consistent with the Rules of the House of Representatives. If 
no public hearing is held on the matter, the Statement of 
Alleged Violation and any written response thereto shall be 
included in the Committee's final report on the matter to the 
House of Representatives.
    (g) Unless otherwise determined by a vote of the Committee, 
only the Chairman or Ranking Minority Member of the Committee, 
after consultation with each other, may make public statements 
regarding matters before the Committee or any subcommittee.
    (h) The Committee may establish procedures necessary to 
prevent the unauthorized disclosure of any testimony or other 
information received by the Committee or its staff.

          Rule 8. Subcommittees--General Policy and Structure

    (a) Notwithstanding any other provision of these Rules, the 
Chairman and Ranking Minority Member of the Committee may 
consult with an investigative subcommittee either on their own 
initiative or on the initiative of the subcommittee, shall have 
access to evidence and information before a subcommittee with 
whom they so consult, and shall not thereby be precluded from 
serving as full, voting members of any adjudicatory 
subcommittee. Except for the Chairman and Ranking Minority 
Member of the Committee pursuant to this paragraph, evidence in 
the possession of an investigative subcommittee shall not be 
disclosed to other Committee members except by a vote of the 
subcommittee.
    (b) The Committee may establish other noninvestigative and 
nonadjudicatory subcommittees and may assign to them such 
functions as it may deem appropriate. The membership of each 
subcommittee shall provide equal representation for the 
majority and minority parties.
    (c) The Chairman may refer any bill, resolution, or other 
matter before the Committee to an appropriate subcommittee for 
consideration. Any such bill, resolution, or other matter may 
be discharged from the subcommittee to which it was referred by 
a majority vote of the Committee.
    (d) Any member of the Committee may sit with any 
noninvestigative or nonadjudicatory subcommittee, but only 
regular members of such subcommittee may vote on any matter 
before that subcommittee.

              Rule 9. Quorums and Member Disqualification

    (a) The quorum for an investigative subcommittee to take 
testimony and to receive evidence shall be two members, unless 
otherwise authorized by the House of Representatives.
    (b) The quorum for an adjudicatory subcommittee to take 
testimony, receive evidence, or conduct business shall consist 
of a majority plus one of the members of the adjudicatory 
subcommittee.
    (c) Except as stated in clauses (a) and (b) of this rule, a 
quorum for the purpose of conducting business consists of a 
majority of the members of the Committee or subcommittee.
    (d) A member of the Committee shall be ineligible to 
participate in any Committee or subcommittee proceeding in 
which he is the respondent.
    (e) A member of the Committee may disqualify himself from 
participating in any investigation of the conduct of a Member, 
officer, or employee of the House of Representatives upon the 
submission in writing and under oath of an affidavit of 
disqualification stating that the member cannot render an 
impartial and unbiased decision. If the Committee approves and 
accepts such affidavit of disqualification, or if a member is 
disqualified pursuant to Rule 17(e) or Rule 23(a), the Chairman 
shall so notify the Speaker and ask the Speaker to designate a 
Member of the House of Representatives from the same political 
party as the disqualified member of the Committee to act as a 
member of the Committee in any Committee proceeding relating to 
such investigation.

                       Rule 10. Vote Requirements

    (a) The following actions shall be taken only upon an 
affirmative vote of a majority of the members of the Committee 
or subcommittee, as appropriate:
    (1) Issuing a subpoena.
    (2) Adopting a full Committee motion to create an 
investigative subcommittee.
    (3) Adoption or amendment of a Statement of Alleged 
Violation.
    (4) Finding that a count in a Statement of Alleged 
Violation has been proved by clear and convincing evidence.
    (5) Sending a letter of reproval.
    (6) Adoption of a recommendation to the House of 
Representatives that a sanction be imposed.
    (7) Adoption of a report relating to the conduct of a 
Member, officer, or employee.
    (8) Issuance of an advisory opinion of general 
applicability establishing new policy.
    (b) Except as stated in clause (a), action may be taken by 
the Committee or any subcommittee thereof by a simple majority, 
a quorum being present.
    (c) No motion made to take any of the actions enumerated in 
clause (a) of this Rule may be entertained by the Chair unless 
a quorum of the Committee is present when such motion is made.

                       Rule 11. Committee Records

    (a) All communications and all pleadings pursuant to these 
rules shall be filed with the Committee at the Committee's 
office or such other place as designated by the Committee.
    (b) All records of the Committee which have been delivered 
to the Archivist of the United States shall be made available 
to the public in accordance with Rule VII of the Rules of the 
House of Representatives.

     Rule 12. Broadcasts of Committee and Subcommittee Proceedings

    (a) Television or radio coverage of a Committee or 
subcommittee hearing or meeting shall be without commercial 
sponsorship.
    (b) No witness shall be required against his or her will to 
be photographed or otherwise to have a graphic reproduction of 
his or her image made at any hearing or to give evidence or 
testimony while the broadcasting of that hearing, by radio or 
television, is being conducted. At the request of any witness, 
all media microphones shall be turned off, all television and 
camera lenses shall be covered, and the making of a graphic 
reproduction at the hearing shall not be permitted. This 
paragraph supplements clause 2(k)(5) of Rule XI of the Rules of 
the House of Representatives relating to the protection of the 
rights of witnesses.
    (c) Not more than four television cameras, operating from 
fixed positions, shall be permitted in a hearing or meeting 
room. The Committee may allocate the positions of permitted 
television cameras among the television media in consultation 
with the Executive Committee of the Radio and Television 
Correspondents' Galleries.
    (d) Television cameras shall be placed so as not to 
obstruct in any way the space between any witness giving 
evidence or testimony and any member of the Committee, or the 
visibility of that witness and that member to each other.
    (e) Television cameras shall not be placed in positions 
that unnecessarily obstruct the coverage of the hearing or 
meeting by the other media.

                    PART II--INVESTIGATIVE AUTHORITY

                       Rule 13. House Resolution

    Whenever the House of Representatives, by resolution, 
authorizes or directs the Committee to undertake an inquiry or 
investigation, the provisions of the resolution, in conjunction 
with these Rules, shall govern. To the extent the provisions of 
the resolution differ from these Rules, the resolution shall 
control.

      Rule 14. Committee Authority To Investigate--General Policy

    (a) Pursuant to clause 3(b) of Rule XI of the Rules of the 
House of Representatives, the Committee may exercise its 
investigative authority when:
    (1) information offered as a complaint by a Member of the 
House of Representatives is transmitted directly to the 
Committee;
    (2) information offered as a complaint by an individual not 
a Member of the House is transmitted to the Committee, provided 
that a Member of the House certifies in writing that he or she 
believes the information is submitted in good faith and 
warrants the review and consideration of the Committee;
    (3) the Committee, on its own initiative, establishes an 
investigative subcommittee;
    (4) a Member, officer, or employee is convicted in a 
Federal, State, or local courts of a felony; or
    (5) the House of Representatives, by resolution, authorizes 
or directs the Committee to undertake an inquiry or 
investigation.
    (b) The Committee also has investigatory authority over:
    (1) certain unauthorized disclosures of intelligence-
related information, pursuant to House Rule X, clauses II(g)(4) 
and (g)(5); or
    (2) reports received from the Office of the Inspector 
General pursuant to House Rule II, clause 6(c)(5).

                          Rule 15. Complaints

    (a) A complaint submitted to the Committee shall be in 
writing, dated, and properly verified (a document will be 
considered properly verified where a notary executes it with 
the language, ``Signed and sworn to (or affirmed) before me on 
(date) by (the name of the person)'' setting forth in simple, 
concise, and direct statements--
    (1) the name and legal address of the party filing the 
complaint (hereinafter referred to as the ``complainant'');
    (2) the name and position or title of the respondent;
    (3) the nature of the alleged violation of the Code of 
Official Conduct or of other law, rule, regulation, or other 
standard of conduct applicable to the performance of duties or 
discharge of responsibilities; and
    (4) the facts alleged to give rise to the violation. The 
complaint shall not contain innuendo, speculative assertions, 
or conclusory statements.
    (b) Any documents in the possession of the complainant that 
relate to the allegations may be submitted with the complaint.
    (c) Information offered as a complaint by a Member of the 
House of Representatives may be transmitted directly to the 
Committee.
    (d) Information offered as a complaint by an individual not 
a Member of the House may be transmitted to the Committee, 
provided that a Member of the House certifies in writing that 
he or she believes the information is submitted in good faith 
and warrants the review and consideration of the Committee.
    (e) A complaint must be accompanied by a certification, 
which may be unsworn, that the complainant has provided an 
exact copy of the filed complaint and all attachments to the 
respondent.
    (f) The Committee may defer action on a complaint against a 
Member, officer, or employee of the House of Representatives 
when the complaint alleges conduct that the Committee has 
reason to believe is being reviewed by appropriate law 
enforcement or regulatory authorities, or when the Committee 
determines that it is appropriate for the conduct alleged in 
the complaint to be reviewed initially by law enforcement or 
regulatory authorities.
    (g) A complaint may not be amended without leave of the 
Committee. Otherwise, any new allegations of improper conduct 
must be submitted in a new complaint that independently meets 
the procedural requirements of the Rules of the House of 
Representatives and the Committee's Rules.
    (h) The Committee shall not accept, and shall return to the 
complainant, any complaint submitted within the 60 days prior 
to an election in which the subject of the complaint is a 
candidate.
    (i) The Committee shall not consider a complaint, nor shall 
any investigation be undertaken by the Committee, of any 
alleged violation which occurred before the third previous 
Congress unless the Committee determines that the alleged 
violation is directly related to an alleged violation which 
occurred in a more recent Congress.

   Rule 16. Duties of Committee Chairman and Ranking Minority Member

    (a) Whenever 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 requirements of the Committee's rules for what 
constitutes a complaint.
    (b) Whenever the Chairman and Ranking Minority Member 
jointly determine that information submitted to the Committee 
meets the requirements 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 
constitutes a complaint, unless the Committee by an affirmative 
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 applicable 45-
calendar day period when they determine more time is necessary 
in order to make a recommendation under paragraph (1) or (2) of 
Rule 16(b).
    (c) The Chairman and Ranking Minority Member may jointly 
gather additional information concerning 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 Minority Member has 
placed on the agenda the issue of whether to establish an 
investigative subcommittee.
    (d) If the Chairman and Ranking 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 45 
calendar days or 5 legislative days, whichever is later, and no 
additional 45-day extension is made, then they shall establish 
an investigative subcommittee and forward the complaint, or any 
portion thereof, to that subcommittee for its consideration. If 
at any time during the time period 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.
    (e) Whenever the Chairman and Ranking Minority Member 
jointly determine that information submitted 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 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.

                   Rule 17. Processing of Complaints

    (a) If a complaint is in compliance with House and 
Committee Rules, a copy of the complaint and the Committee 
Rules shall be forwarded to the respondent within five days 
with notice that the complaint conforms to the applicable 
rules.
    (b) The respondent may, within 30 days of the Committee's 
notification, provide to the Committee any information relevant 
to a complaint filed with the Committee. The respondent may 
submit a written statement in response to the complaint. Such a 
statement shall be signed by the respondent. If the statement 
is prepared by counsel for the respondent, the respondent shall 
sign a representation that he/she has reviewed the response and 
agrees with the factual assertions contained therein.
    (c) The Committee staff may request information from the 
respondent or obtain additional information pertinent to the 
case from other sources prior to the establishment of an 
investigative subcommittee only when so directed by the 
Chairman and Ranking Minority Member.
    (d) The respondent shall be notified in writing regarding 
the Committee's decision either to dismiss the complaint or to 
create an investigative subcommittee.
    (e) The respondent shall be notified of the membership of 
the investigative subcommittee and shall have ten days after 
such notice is transmitted to object to the participation of 
any subcommittee member. Such objection shall be in writing and 
shall be on the grounds that the subcommittee member cannot 
render an impartial and unbiased decision. The subcommittee 
member against whom the objection is made shall be the sole 
judge of his or her disqualification.

                  Rule 18. Committee-Initiated Inquiry

    (a) Notwithstanding the absence of a filed complaint, the 
Committee may consider any information in its possession 
indicating that a Member, officer, or employee may have 
committed a violation of the Code of Official Conduct or any 
law, rule, regulation, or other standard of conduct applicable 
to the conduct of such Member, officer, or employee in the 
performance of his or her duties or the discharge of his or her 
responsibilities. The Chairman and Ranking Minority Member may 
jointly gather additional information concerning such an 
alleged violation by a Member, officer, or employee unless and 
until an investigative subcommittee has been established.
    (b) If the Committee votes to establish an investigative 
subcommittee, the Committee shall proceed in accordance with 
Rule 19.
    (c) Any written request by a Member, officer, or employee 
of the House of Representatives that the Committee conduct an 
inquiry into such person's own conduct shall be processed in 
accordance with subsection (a) of this Rule.
    (d) An inquiry shall not be undertaken regarding any 
alleged violation that occurred before the third previous 
Congress unless a majority of the Committee determines that the 
alleged violation is directly related to an alleged violation 
that occurred in a more recent Congress.
    (e) An inquiry shall be undertaken by an investigative 
subcommittee with regard to any felony conviction of a Member, 
officer, or employee of the House of Representatives in a 
Federal, State, or local court who has been sentenced. 
Notwithstanding this provision, the Committee has the 
discretion to initiate an inquiry upon an affirmative vote of a 
majority of the members of the Committee at any time prior to 
conviction or sentencing.

                  Rule 19. Investigative Subcommittee

    (a) Upon the establishment of an investigative 
subcommittee, the Chairman and Ranking Minority Member of the 
Committee shall designate four members (with equal 
representation from the majority and minority parties) to serve 
as an investigative subcommittee to undertake an inquiry. 
Members of the Committee and Members of the House selected 
pursuant to clause 5(a)(4)(A) of Rule X of the House of 
Representatives, are eligible for appointment to an 
investigative subcommittee, as determined by the Chairman and 
Ranking Minority Member of the Committee. At the time of 
appointment, the Chairman shall designate one member of the 
subcommittee to serve as the chairman and the Ranking Minority 
Member shall designate one member of the subcommittee to serve 
as the ranking minority member of the investigative 
subcommittee. 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.
    (b) In an inquiry undertaken by an investigative 
subcommittee--
    (1) All proceedings, including the taking of testimony, 
shall be conducted in executive session and all testimony taken 
by deposition or things produced pursuant to subpoena or 
otherwise shall be deemed to have been taken or produced in 
executive session.
    (2) The Chairman of the investigative subcommittee shall 
ask the respondent and all witnesses whether they intend to be 
represented by counsel. If so, the respondent or witnesses or 
their legal representatives shall provide written designation 
of counsel. A respondent or witness who is represented by 
counsel shall not be questioned in the absence of counsel 
unless an explicit waiver is obtained.
    (3) The subcommittee shall provide the respondent an 
opportunity to present, orally or in writing, a statement, 
which must be under oath or affirmation, regarding the 
allegations and any other relevant questions arising out of the 
inquiry.
    (4) The staff may interview witnesses, examine documents 
and other evidence, and request that submitted statements be 
under oath or affirmation and that documents be certified as to 
their authenticity and accuracy.
    (5) The subcommittee, by a majority vote of its members, 
may require, by subpoena or otherwise, the attendance and 
testimony of witnesses and the production of such books, 
records, correspondence, memoranda, papers, documents, and 
other items as it deems necessary to the conduct of the 
inquiry. Unless the Committee otherwise provides, the subpoena 
power shall rest in the Chairman and Ranking Minority Member of 
the Committee and a subpoena shall be issued upon the request 
of the investigative subcommittee.
    (6) The subcommittee shall require that testimony be given 
under oath or affirmation. The form of the oath or affirmation 
shall be: ``Do you solemnly swear (or affirm) that the 
testimony you will give before this subcommittee in the matter 
now under consideration will be the truth, the whole truth, and 
nothing but the truth (so help you God)?'' The oath or 
affirmation shall be administered by the Chairman or 
subcommittee member designated by the Chairman to administer 
oaths.
    (c) During the inquiry, the procedure respecting the 
admissibility of evidence and rulings shall be as follows:
    (1) Any relevant evidence shall be admissible unless the 
evidence is privileged under the precedents of the House of 
Representatives.
    (2) The Chairman of the subcommittee or other presiding 
member at any investigative subcommittee proceeding shall rule 
upon any question of admissibility or pertinency of evidence, 
motion, procedure or any other matter, and may direct any 
witness to answer any question under penalty of contempt. A 
witness, witness' counsel, or a member of the subcommittee may 
appeal any rulings to the members present at that proceeding. 
The majority vote of the members present at such proceeding on 
such appeal shall govern the question of admissibility, and no 
appeal shall lie to the Committee.
    (3) Whenever a person is determined by a majority vote to 
be in contempt of the subcommittee, the matter may be referred 
to the Committee to determine whether to refer the matter to 
the House of Representatives for consideration.
    (4) Committee counsel may, subject to subcommittee 
approval, enter into stipulations with the respondent and/or 
the respondent's counsel as to facts that are not in dispute.
    (d) Upon an affirmative vote of a majority of the 
subcommittee members, and an affirmative vote of a majority of 
the full Committee, an investigative subcommittee may expand 
the scope of its investigation.
    (e) Upon completion of the investigation, the staff shall 
draft for the investigative subcommittee a report that shall 
contain a comprehensive summary of the information received 
regarding the alleged violations.
    (f) Upon completion of the inquiry, an investigative 
subcommittee, by a majority vote of its members, may adopt a 
Statement of Alleged Violation if it determines 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. If more than one violation is alleged, such 
Statement shall be divided into separate counts. Each count 
shall relate to a separate violation, shall contain a plain and 
concise statement of the alleged facts of such violation, and 
shall include a reference to the provision of the Code of 
Official Conduct or law, rule, regulation or other applicable 
standard of conduct governing the performance of duties or 
discharge of responsibilities alleged to have been violated. A 
copy of such Statement shall be transmitted to the respondent 
and the respondent's counsel.
    (g) If the investigative subcommittee does not adopt a 
Statement of Alleged Violation, it shall transmit to the 
Committee a report containing a summary of the information 
received in the inquiry, its conclusions and reasons therefore, 
and any appropriate recommendation.

         Rule 20. Amendments to Statements of Alleged Violation

    (a) 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
    (b) 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.

               Rule 21. Committee Reporting Requirements

    (a) Whenever an investigative subcommittee does not adopt a 
Statement of Alleged Violation and transmits a report to that 
effect to the Committee, the Committee may by an affirmative 
vote of a majority of its members transmit such report to the 
House of Representatives;
    (b) Whenever an investigative subcommittee adopts a 
Statement of Alleged Violation but recommends that no further 
action be taken, it shall transmit a report to the Committee 
regarding the Statement of Alleged Violation; and
    (c) Whenever an investigative subcommittee adopts a 
Statement of Alleged Violation, the respondent admits to the 
violations set forth in such Statement, the respondent waives 
his or her right to an adjudicatory hearing, and the 
respondent's waiver is approved by the Committee--
    (1) the subcommittee shall prepare a report for transmittal 
to the Committee, a final draft of which shall be provided to 
the respondent not less than 15 calendar days before the 
subcommittee votes on whether to adopt the report;
    (2) the respondent may submit views in writing regarding 
the final draft to the subcommittee within 7 calendar days of 
receipt of that draft;
    (3) the subcommittee shall transmit a report to the 
Committee regarding the Statement of Alleged Violation together 
with any views submitted by the respondent pursuant to 
subparagraph (2), and the Committee shall make the report, 
together with the respondent's views, available to the public 
before the commencement of any sanction hearing; and
    (4) the Committee shall by an affirmative vote of a 
majority of its members issue a report and transmit such report 
to the House of Representatives, together with the respondent's 
views previously submitted pursuant to subparagraph (2) and any 
additional views respondent may submit for attachment to the 
final report; and
    (d) 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 
report.

                      Rule 22. Respondent's Answer

    (a)(1) Within 30 days from the date of transmittal of a 
Statement of Alleged Violation, the respondent shall file with 
the investigative subcommittee an answer, in writing and under 
oath, signed by respondent and respondent's counsel. Failure to 
file an answer within the time prescribed shall be considered 
by the Committee as a denial of each count.
    (2) The answer shall contain an admission to or denial of 
each count set forth in the Statement of Alleged Violation and 
may include negative, affirmative, or alternative defenses and 
any supporting evidence or other relevant information.
    (b) The respondent may file a Motion for a Bill of 
Particulars within 10 days of the date of transmittal of the 
Statement of Alleged Violation. If a Motion for a Bill of 
Particulars is filed, the respondent shall not be required to 
file an answer until 20 days after the subcommittee has replied 
to such motion.
    (c)(1) The respondent may file a Motion to Dismiss within 
10 days of the date of transmittal of the Statement of Alleged 
Violation or, if a Motion for a Bill of Particulars has been 
filed, within 10 days of the date of the subcommittee's reply 
to the Motion for a Bill of Particulars. If a Motion to Dismiss 
is filed, the respondent shall not be required to file an 
answer until 20 days after the subcommittee has replied to the 
Motion to Dismiss, unless the respondent previously filed a 
Motion for a Bill of Particulars, in which case the respondent 
shall not be required to file an answer until 10 days after the 
subcommittee has replied to the Motion to Dismiss. The 
investigative subcommittee shall rule upon any Motion to 
Dismiss filed during the period between the establishment of 
the subcommittee and the subcommittee's transmittal of a report 
or Statement of Alleged Violation to the Committee or to the 
Chairman and Ranking Minority Member at the conclusion of an 
inquiry, and no appeal of the subcommittee's ruling shall lie 
to the Committee.
    (2) A Motion to Dismiss may be made on the grounds that the 
Statement of Alleged Violation fails to state facts that 
constitute a violation of the Code of Official Conduct or other 
applicable law, rule, regulation, or standard of conduct, or on 
the grounds that the Committee lacks jurisdiction to consider 
the allegations contained in the Statement.
    (d) Any motion filed with the subcommittee pursuant to this 
rule shall be accompanied by a Memorandum of Points and 
Authorities.
    (e)(1) The Chairman of the investigative subcommittee, for 
good cause shown, may permit the respondent to file an answer 
or motion after the day prescribed above.
    (2) If the ability of the respondent to present an adequate 
defense is not adversely affected and special circumstances so 
require, the Chairman of the investigative subcommittee may 
direct the respondent to file an answer or motion prior to the 
day prescribed above.
    (f) If the day on which any answer, motion, reply, or other 
pleading must be filed falls on a Saturday, Sunday, or holiday, 
such filing shall be made on the first business day thereafter.
    (g) As soon as practicable after an answer has been filed 
or the time for such filing has expired, the Statement of 
Alleged Violation and any answer, motion, reply, or other 
pleading connected therewith shall be transmitted by the 
Chairman of the investigative subcommittee to the Chairman and 
Ranking Minority Member of the Committee.

                     Rule 23. Adjudicatory Hearings

    (a) If a Statement of Alleged Violation is transmitted to 
the Chairman and Ranking Minority Member pursuant to Rule 22, 
and no waiver pursuant to Rule 26(b) has occurred, the Chairman 
shall designate the members of the Committee who did not serve 
on the investigative subcommittee to serve on an adjudicatory 
subcommittee. The Chairman and Ranking Minority Member of the 
Committee shall be the Chairman and Ranking Minority Member of 
the adjudicatory subcommittee unless they served on the 
investigative subcommittee. The respondent shall be notified of 
the designation of the adjudicatory subcommittee and shall have 
ten days after such notice is transmitted to object to the 
participation of any subcommittee member. Such objection shall 
be in writing and shall be on the grounds that the member 
cannot render an impartial and unbiased decision. The member 
against whom the objection is made shall be the sole judge of 
his or her disqualification.
    (b) A majority of the adjudicatory subcommittee membership 
plus one must be present at all times for the conduct of any 
business pursuant to this rule.
    (c) The adjudicatory subcommittee shall hold a hearing to 
determine whether any counts in the Statement of Alleged 
Violation have been proved by clear and convincing evidence and 
shall make findings of fact, except where such violations have 
been admitted by respondent.
    (d) At an adjudicatory hearing, the subcommittee may 
require, by subpoena or otherwise, the attendance and testimony 
of such witnesses and production of such books, records, 
correspondence, memoranda, papers, documents, and other items 
as it deems necessary. Depositions, interrogatories, and sworn 
statements taken under any investigative subcommittee direction 
may be accepted into the hearing record.
    (e) The procedures set forth in clause 2(g) and (k) of Rule 
XI of the Rules of the House of Representatives shall apply to 
adjudicatory hearings. All such hearings shall be open to the 
public unless the adjudicatory subcommittee, pursuant to such 
clause, determines that the hearings or any part thereof should 
be closed.
    (f)(1) The adjudicatory subcommittee shall, in writing, 
notify the respondent that the respondent and his or her 
counsel have the right to inspect, review, copy, or photograph 
books, papers, documents, photographs, or other tangible 
objects that the adjudicatory subcommittee counsel intends to 
use as evidence against the respondent in an adjudicatory 
hearing. The respondent shall be given access to such evidence, 
and shall be provided the names of witnesses the subcommittee 
counsel intends to call, and a summary of their expected 
testimony, no less than 15 calendar days prior to any such 
hearing. Except in extraordinary circumstances, no evidence may 
be introduced or witness called in an adjudicatory hearing 
unless the respondent has been afforded a prior opportunity to 
review such evidence or has been provided the name of the 
witness.
    (2) After a witness has testified on direct examination at 
an adjudicatory hearing, the Committee, at the request of the 
respondent, shall make available to the respondent any 
statement of the witness in the possession of the Committee 
which relates to the subject matter as to which the witness has 
testified.
    (3) Any other testimony, statement, or documentary evidence 
in the possession of the Committee which is material to the 
respondent's defense shall, upon request, be made available to 
the respondent.
    (g) No less than five days prior to the hearing, the 
respondent or counsel shall provide the adjudicatory 
subcommittee with the names of witnesses expected to be called, 
summaries of their expected testimony, and copies of any 
documents or other evidence proposed to be introduced.
    (h) The respondent or counsel may apply to the subcommittee 
for the issuance of subpoenas for the appearance of witnesses 
or the production of evidence. The application shall be granted 
upon a showing by the respondent that the proposed testimony or 
evidence is relevant and not otherwise available to respondent. 
The application may be denied if not made at a reasonable time 
or if the testimony or evidence would be merely cumulative.
    (i) During the hearing, the procedures regarding the 
admissibility of evidence and rulings shall be as follows:
    (1) Any relevant evidence shall be admissible unless the 
evidence is privileged under the precedents of the House of 
Representatives.
    (2) The Chairman of the subcommittee or other presiding 
member at an adjudicatory subcommittee hearing shall rule upon 
any question of admissibility or pertinency of evidence, 
motion, procedure, or any other matter, and may direct any 
witness to answer any question under penalty of contempt. A 
witness, witness's counsel, or a member of the subcommittee may 
appeal any ruling to the members present at that proceeding. 
The majority vote of the members present at such proceeding on 
such an appeal shall govern the question of admissibility and 
no appeal shall lie to the Committee.
    (3) Whenever a witness is deemed by a Chairman or other 
presiding member to be in contempt of the subcommittee, the 
matter may be referred to the Committee to determine whether to 
refer the matter to the House of Representatives for 
consideration.
    (4) Committee counsel may, subject to subcommittee 
approval, enter into stipulations with the respondent and/or 
the respondent's counsel as to facts that are not in dispute.
    (j) Unless otherwise provided, the order of an adjudicatory 
hearing shall be as follows:
    (1) The Chairman of the subcommittee shall open the hearing 
by stating the adjudicatory subcommittee's authority to conduct 
the hearing and the purpose of the hearing.
    (2) The Chairman shall then recognize Committee counsel and 
the respondent's counsel, in turn, for the purpose of giving 
opening statements.
    (3) Testimony from witnesses and other pertinent evidence 
shall be received in the following order whenever possible:
    (i) witnesses (deposition transcripts and affidavits 
obtained during the inquiry may be used in lieu of live 
witnesses if the witness is unavailable) and other evidence 
offered by the Committee counsel,
    (ii) witnesses and other evidence offered by the 
respondent,
    (iii) rebuttal witnesses, as permitted by the Chairman.
    (4) Witnesses at a hearing shall be examined first by 
counsel calling such witness. The opposing counsel may then 
cross-examine the witness. Redirect examination and recross 
examination by counsel may be permitted at the Chairman's 
discretion. Subcommittee members may then question witnesses. 
Unless otherwise directed by the Chairman, questions by 
Subcommittee members shall be conducted under the five-minute 
rule.
    (5) The Chairman shall then recognize Committee counsel and 
respondent's counsel, in turn, for the purpose of giving 
closing arguments. Committee counsel may reserve time for 
rebuttal argument, as permitted by the Chairman.
    (k) A subpoena to a witness to appear at a hearing shall be 
served sufficiently in advance of that witness' scheduled 
appearance to allow the witness a reasonable period of time, as 
determined by the Chairman of the adjudicatory subcommittee, to 
prepare for the hearing and to employ counsel.
    (l) Each witness appearing before the subcommittee shall be 
furnished a printed copy of the Committee rules, the pertinent 
provisions of the Rules of the House of Representatives 
applicable to the rights of witnesses, and a copy of the 
Statement of Alleged Violation.
    (m) Testimony of all witnesses shall be taken under oath or 
affirmation. The form of the oath or affirmation shall be: ``Do 
you solemnly swear (or affirm) that the testimony you will give 
before this subcommittee in the matter now under consideration 
will be the truth, the whole truth, and nothing but the truth 
(so help you God)?'' The oath or affirmation shall be 
administered by the Chairman or Committee member designated by 
the Chairman to administer oaths.
    (n) At an adjudicatory hearing, the burden of proof rests 
on Committee counsel to establish the facts alleged in the 
Statement of Alleged Violation by clear and convincing 
evidence. However, Committee counsel need not present any 
evidence regarding any count that is admitted by the respondent 
or any fact stipulated.
    (o) As soon as practicable after all testimony and evidence 
have been presented, the subcommittee shall consider each count 
contained in the Statement of Alleged Violation and shall 
determine by a majority vote of its members whether each count 
has been proved. If a majority of the subcommittee does not 
vote that a count has been proved, a motion to reconsider that 
vote may be made only by a member who voted that the count was 
not proved. A count that is not proved shall be considered as 
dismissed by the subcommittee.
    (p) The findings of the adjudicatory subcommittee shall be 
reported to the Committee.

   Rule 24. Sanction Hearing and Consideration of Sanctions or Other 
                            Recommendations

    (a) If no count in a Statement of Alleged Violation is 
proved, the Committee shall prepare a report to the House of 
Representatives, based upon the report of the adjudicatory 
subcommittee.
    (b) If an adjudicatory subcommittee completes an 
adjudicatory hearing pursuant to Rule 23 and reports that any 
count of the Statement of Alleged Violation has been proved, a 
hearing before the Committee shall be held to receive oral and/
or written submissions by counsel for the Committee and counsel 
for the respondent as to the sanction the Committee should 
recommend to the House of Representatives with respect to such 
violations. Testimony by witnesses shall not be heard except by 
written request and vote of a majority of the Committee.
    (c) Upon completion of any proceeding held pursuant to 
clause (b), the Committee shall consider and vote on a motion 
to recommend to the House of Representatives that the House 
take disciplinary action. If a majority of the Committee does 
not vote in favor of the recommendation that the House of 
Representatives take action, a motion to reconsider that vote 
may be made only by a member who voted against the 
recommendation. The Committee may also, by majority vote, adopt 
a motion to issue a Letter of Reproval or take other 
appropriate Committee action.
    (d) If the Committee determines a Letter of Reproval 
constitutes sufficient action, the Committee shall include any 
such letter as a part of its report to the House of 
Representatives.
    (e) With respect to any proved counts against a Member of 
the House of Representatives, the Committee may recommend to 
the House one or more of the following sanctions:
    (1) Expulsion from the House of Representatives.
    (2) Censure.
    (3) Reprimand.
    (4) Fine.
    (5) Denial or limitation of any right, power, privilege, or 
immunity of the Member if under the Constitution the House of 
Representatives may impose such denial or limitation.
    (6) Any other sanction determined by the Committee to be 
appropriate.
    (f) With respect to any proved counts against an officer or 
employee of the House of Representatives, the Committee may 
recommend to the House one or more of the following sanctions:
    (1) Dismissal from employment.
    (2) Reprimand.
    (3) Fine.
    (4) Any other sanction determined by the Committee to be 
appropriate.
    (g) With respect to the sanctions that the Committee may 
recommend, reprimand is appropriate for serious violations, 
censure is appropriate for more serious violations, and 
expulsion of a Member or dismissal of an officer or employee is 
appropriate for the most serious violations. A recommendation 
of a fine is appropriate in a case in which it is likely that 
the violation was committed to secure a personal financial 
benefit; and a recommendation of a denial or limitation of a 
right, power, privilege, or immunity of a Member is appropriate 
when the violation bears upon the exercise or holding of such 
right, power, privilege, or immunity. This clause sets forth 
general guidelines and does not limit the authority of the 
Committee to recommend other sanctions.
    (h) The Committee report shall contain an appropriate 
statement of the evidence supporting the Committee's findings 
and a statement of the Committee's reasons for the recommended 
sanction.

      Rule 25. Disclosure of Exculpatory Information to Respondent

    If the Committee, or any investigative or adjudicatory 
subcommittee at any time receives any exculpatory information 
respecting a Complaint or Statement of Alleged Violation 
concerning a Member, officer, or employee of the House of 
Representatives, it shall make such information known and 
available to the Member, officer, or employee as soon as 
practicable, but in no event later than the transmittal of 
evidence supporting a proposed Statement of Alleged Violation 
pursuant to Rule 26(c). If an investigative subcommittee does 
not adopt a Statement of Alleged Violation, it shall identify 
any exculpatory information in its possession at the conclusion 
of its inquiry and shall include such information, if any, in 
the subcommittee's final report to the Committee regarding its 
inquiry. For purposes of this rule, exculpatory evidence shall 
be any evidence or information that is substantially favorable 
to the respondent with respect to the allegations or charges 
before an investigative or adjudicatory subcommittee.

              Rule 26. Rights of Respondents and Witnesses

    (a) A respondent shall be informed of the right to be 
represented by counsel, to be provided at his or her own 
expense.
    (b) A respondent may seek to waive any procedural rights or 
steps in the disciplinary process. A request for waiver must be 
in writing, signed by the respondent, and must detail what 
procedural steps the respondent seeks to waive. Any such 
request shall be subject to the acceptance of the Committee or 
subcommittee, as appropriate.
    (c) 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 
together with all evidence it intends to use to prove those 
charges which it intends to adopt, including documentary 
evidence, witness testimony, 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 evidence is withheld, the subcommittee shall inform the 
respondent that evidence is being withheld and of the count to 
which such evidence relates.
    (d) 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 (c) except for 
the sole purpose of settlement discussions where counsels for 
the respondent and the subcommittee are present.
    (e) 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 provided to a 
respondent under paragraph (c) 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.
    (f) Evidence provided pursuant to paragraph (c) or (e) 
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 pursuant to that 
paragraph shall be made public until--
    (1) such time as a Statement of Alleged Violation is made 
public by the Committee if the respondent has waived the 
adjudicatory hearing; or
    (2) the commencement of an adjudicatory hearing if the 
respondent has not waived an adjudicatory 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 Violation at the end of the 
period referenced to in paragraph (c).
    (g) A respondent shall receive written notice whenever--
    (1) the Chairman and Ranking Minority Member determine that 
information the Committee has received constitutes a complaint;
    (2) a complaint or allegation is transmitted to an 
investigative subcommittee;
    (3) that subcommittee votes to authorize its first subpoena 
or to take testimony under oath, whichever occurs first; and
    (4) the Committee votes to expand the scope of the inquiry 
of an investigative subcommittee.
    (h) 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 
the Statement is based, that agreement, unless the respondent 
requests otherwise, shall be in writing and signed by the 
respondent and the respondent's counsel, the Chairman and 
Ranking Minority Member of the subcommittee, and the outside 
counsel, if any.
    (i) Statements or information derived solely from a 
respondent or his counsel during any settlement discussions 
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 publicly disclosed 
without the consent of the respondent.
    (j) Whenever a motion to establish an investigative 
subcommittee does not prevail, the Committee shall promptly 
send a letter to the respondent informing him of such vote.
    (k) Witnesses shall be afforded a reasonable period of 
time, as determined by the Committee or subcommittee, to 
prepare for an appearance before an investigative subcommittee 
or for an adjudicatory hearing and to obtain counsel.
    (l) Prior to their testimony, witnesses shall be furnished 
a printed copy of the Committee's Rules of Procedure and the 
provisions of the Rules of the House of Representatives 
applicable to the rights of witnesses.
    (m) Witnesses may be accompanied by their own counsel for 
the purpose of advising them concerning their constitutional 
rights. The Chairman may punish breaches of order and decorum, 
and of professional responsibility on the part of counsel, by 
censure and exclusion from the hearings; and the Committee may 
cite the offender to the House of Representatives for contempt.
    (n) Each witness subpoenaed to provide testimony or other 
evidence shall be provided the same per diem rate as 
established, authorized, and regulated by the Committee on 
House Administration for Members, officers and employees of the 
House, and as the Chairman considers appropriate, actual 
expenses of travel to or from the place of examination. No 
compensation shall be authorized for attorney's fees or for a 
witness' lost earnings. Such per diem may not be paid if a 
witness had been summoned at the place of examination.
    (o) With the approval of the Committee, a witness, upon 
request, may be provided with a transcript of his or her 
deposition or other testimony taken in executive session, or, 
with the approval of the Chairman and Ranking Minority Member, 
may be permitted to examine such transcript in the office of 
the Committee. Any such request shall be in writing and shall 
include a statement that the witness, and counsel, agree to 
maintain the confidentiality of all executive session 
proceedings covered by such transcript.

                       Rule 27. Frivolous Filings

    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, the Committee may take such action as 
it, by an affirmative vote of its members, deems appropriate in 
the circumstances.

           Rule 28. Referrals to Federal or State Authorities

    Referrals made under clause 3(a)(3) of Rule XI of the Rules 
of the House of Representatives may be made by an affirmative 
vote of two-thirds of the members of the Committee.

             U.S. Government Printing Office: 2005  22-742