[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 2USC29d]
TITLE 2--THE CONGRESS
CHAPTER 2--ORGANIZATION OF CONGRESS
Sec. 29d. Committee on Standards of Official Conduct of House of
Representatives
(a) Omitted
(b) Committee composition
The respective party caucus or conference of the House of
Representatives shall each nominate to the House of Representatives at
the beginning of each Congress 7 members to serve on the Committee on
Standards of Official Conduct.
(c) Investigative subcommittees
The Committee on Standards of Official Conduct shall adopt rules
providing--
(1) for the establishment of a 4 or 6-member investigative
subcommittee (with equal representation from the majority and
minority parties) whenever the committee votes to undertake any
investigation;
(2) that the senior majority and minority members on an
investigative subcommittee shall serve as the chairman and ranking
minority member of the subcommittee; and
(3) that the chairman and ranking minority member of the full
committee may only serve as non-voting, ex officio members on an
investigative subcommittee.
Clause 5(d) of rule XI \1\ of the Rules of the House of Representatives
shall not apply to any investigative subcommittee.
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\1\ See References in Text note below.
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(d) Adjudicatory subcommittees
The Committee on Standards of Official Conduct shall adopt rules
providing--
(1) that upon the completion of an investigation, an
investigative subcommittee shall report its findings and
recommendations to the committee;
(2) that, if an investigative subcommittee by majority vote of
its membership adopts a statement of alleged violation, the
remaining members of the committee shall comprise an adjudicatory
subcommittee to hold a disciplinary hearing on the violation alleged
in the statement;
(3) that any statement of alleged violation and any written
response thereto shall be made public at the first meeting or
hearing on the matter which is open to the public after the
respondent has been given full opportunity to respond to the
statement in accordance with committee rules, but, if no public
hearing or meeting is held on the matter, the statement of alleged
violation and any written response thereto shall be included in the
committee's final report to the House of Representatives as required
by clause 4(e)(1)(B) of rule X \1\ of the Rules of the House of
Representatives;
(4) that a quorum for an adjudicatory subcommittee for the
purpose of taking testimony and conducting any business shall
consist of a majority of the membership of the subcommittee plus
one; and
(5) that an adjudicatory subcommittee shall determine, after
receiving evidence, whether the counts in the statement have been
proved and shall report its findings to the committee.
Clause 5(d) of rule XI \1\ of the Rules of the House of Representatives
shall not apply to any adjudicatory subcommittee.
(e) to (h) Omitted
(i) Advice and education
(1) The Committee on Standards of Official Conduct shall establish
within the committee an Office on Advice and Education (hereinafter in
this subsection referred to as the ``Office'') under the supervision of
the chairman.
(2) The Office shall be headed by a director who shall be appointed
by the chairman, in consultation with the ranking minority member, and
shall be comprised of such staff as the chairman determines is necessary
to carry out the responsibilities of the Office.
(3) The primary responsibilities of the Office shall include:
(A) Providing information and guidance to Members, officers and
employees of the House regarding any laws, rules, regulations, and
other standards of conduct applicable to such individuals in their
official capacities, and any interpretations and advisory opinions
of the committee.
(B) Submitting to the chairman and ranking minority member of
the committee any written request from any such Member, officer or
employee for an interpretation of applicable laws, rules,
regulations, or other standards of conduct, together with any
recommendations thereon.
(C) Recommending to the committee for its consideration formal
advisory opinions of general applicability.
(D) Developing and carrying out, subject to the approval of the
chairman, periodic educational briefings for Members, officers and
employees of the House on those laws, rules, regulations, or other
standards of conduct applicable to them.
(4) No information provided to the Committee on Standards of
Official Conduct by a Member, officer or employee of the House of
Representatives when seeking advice regarding prospective conduct of
such Member, officer or employee may be used as the basis for initiating
an investigation under clause 4(e)(1)(B) of rule X \1\ of the Rules of
the House of Representatives, if such Member, officer or employee acts
in accordance with the written advice of the committee.
(j) Effective date
This section shall take effect immediately before noon January 3,
1991, except that subsections (g), (h), and (i) shall take effect on
January 1, 1990.
(Pub. L. 101-194, title VIII, Sec. 803, Nov. 30, 1989, 103 Stat. 1774.)
References in Text
The Rules of the House of Representatives for the One Hundred Sixth
Congress were adopted and amended generally by House Resolution No. 5,
One Hundred Sixth Congress, Jan. 6, 1999. Provisions formerly appearing
in clause 5(d) of rule XI, referred to in subsecs. (c) and (d), are now
contained in clause 6(d) of rule X. Provisions formerly appearing in
clause 4(e)(1)(B) of rule X, referred to in subsecs. (d)(3) and (i)(4),
are now contained in clause 3(a)(2) of rule XI.
Codification
Section is comprised of section 803 of Pub. L. 101-194. Subsecs. (a)
and (e) to (h) of section 803 amended the Rules of the House of
Representatives which are not classified to the Code.
Acceptance of Gifts; Amendments to Advisory Opinions
Section 801(e) of Pub. L. 101-194 provided that: ``The Committee on
Standards of Official Conduct of the House of Representatives shall
amend its advisory opinions relating to the acceptance of gifts (1) to
prohibit lodging received as personal hospitality in excess of 30 days
in any calendar year from any individual unless a written waiver is
granted by the committee and (2) to exempt gifts of food and beverages
consumed not in connection with gifts of lodging from coverage under
clause 4 of rule XLIII [now clause 4 of rule XXIII] of the Rules of the
House of Representatives.''
Noncampaign Use of Campaign Vehicles
Section 802(e) of Pub. L. 101-194 provided that: ``The Committee on
Standards of Official Conduct of the House of Representatives shall
issue an advisory opinion to provide for appropriate conditions for the
incidental noncampaign use of vehicles owned or leased by a campaign
committee of a Member of the House of Representatives.''
Restrictions on Reimbursable Travel Expenses
Section 805 of Pub. L. 101-194 provided that:
``(a) Restrictions.--The Committee on Standards of Official Conduct
of the House of Representatives shall amend its advisory opinions
relating to the acceptance of necessary travel expenses incurred on or
after January 1, 1990, in connection with speaking engagements and
similar events to--
``(1) prohibit the acceptance of
