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[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 895 Introduced in House (IH)]

110th CONGRESS
  1st Session
H. RES. 895

     Establishing within the House of Representatives an Office of 
             Congressional Ethics, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           December 19, 2007

 Mr. Capuano submitted the following resolution; which was referred to 
the Committee on House Administration, and in addition to the Committee 
on Rules, for a period to be subsequently determined by the Speaker, in 
   each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                               RESOLUTION

 
     Establishing within the House of Representatives an Office of 
             Congressional Ethics, and for other purposes.

    Resolved,

SECTION 1. ESTABLISHMENT OF THE OFFICE OF CONGRESSIONAL ETHICS.

    (a) Establishment.--For the purpose of assisting the House in 
carrying out its responsibilities under article I, section 5, clause 2 
of the Constitution (commonly referred to as the ``Discipline 
Clause''), there is established in the House an independent office to 
be known as the Office of Congressional Ethics (hereinafter in this 
section referred to as the ``Office'').
    (b) Board.--(1) The Office shall be governed by a board consisting 
of six individuals of whom three shall be designated as appointees of 
the Speaker and three as appointees of the minority leader. Each 
position shall be appointed jointly by the Speaker and the minority 
leader within 90 days after the date of adoption of this resolution or 
within 90 days after the expiration of their terms, as applicable, 
except as otherwise provided herein. If any positions on the board 
remain vacant at the end of such time period, then the appointments 
shall be made by the Speaker or minority leader, as applicable.
    (2) The Speaker and the minority leader each shall appoint 
individuals of exceptional public standing who are specifically 
qualified to serve on the board by virtue of their education, training, 
or experience in one or more of the following fields: legislative, 
judicial, regulatory, professional ethics, business, legal, and 
academic.
    (3) The Speaker shall designate one member of the board as 
chairman. The minority leader shall designate one member of the board 
as cochairman. The cochairman shall act as chairman in the absence of 
the chairman.
    (4)(A) Selection and appointment of members of the board shall be 
without regard to political affiliation and solely on the basis of 
fitness to perform their duties.
    (B)(i) No individual shall be eligible for appointment to, or 
service on, the board who--
            (I) is a lobbyist registered under the Lobbying Disclosure 
        Act of 1995;
            (II) has been so registered at any time during the year 
        before the date of appointment;
            (III) engages in, or is otherwise employed in, lobbying of 
        the Congress;
            (IV) is an agent of a foreign principal registered under 
        the Foreign Agents Registration Act;
            (V) is a Member; or
            (VI) is an officer or employee of the Federal Government.
    (ii) No individual who has been a Member, officer, or employee of 
the House may be appointed to the board sooner than one year after 
ceasing to be a Member, officer, or employee of the House.
    (5) A vacancy on the board shall be filled for the unexpired 
portion of the term, utilizing the process set forth in paragraph (1).
    (6)(A) Except as provided by subparagraph (B), terms on the board 
shall be for two Congresses. A member of the board may not serve during 
more than four consecutive Congresses.
    (B) Of the individuals appointed in the 110th Congress to serve on 
the board, 4 shall be designated at the time of appointment to serve 
only for the remainder of that Congress. Any such individual may be 
reappointed for an additional term of two Congresses.
    (C) Any member of the board may be removed from office for cause by 
the Speaker and the minority leader, acting jointly, but not by either, 
acting alone.
    (7) A member of the board shall not be considered to be an officer 
or employee of the House, but shall receive a per diem equal to the 
daily equivalent of the minimum rate of basic pay payable for GS-15 of 
the General Schedule for each day (including travel time) during which 
such member is engaged in the performance of the duties of the board.
    (8) A majority of the members of the board shall constitute a 
quorum.
    (9) The board shall meet at the call of the chairman or a majority 
of its members pursuant to its rules.
    (c) Powers.--The board is authorized and directed to:
            (1)(A) Within 7 calendar days (excluding Saturdays, 
        Sundays, and public holidays) after receipt of a joint written 
        request from any 2 members of the board to all board members to 
        undertake a preliminary review of any alleged violation by a 
        Member, officer, or employee of the House of any law, rule, 
        regulation, or other standard of conduct applicable to the 
        conduct of such Member, officer, or employee in the performance 
        of his duties or the discharge of his responsibilities, along 
        with a brief description of the specific matter, notify in 
        writing--
                    (i) the Committee on Standards of Official Conduct 
                of that preliminary review and provide a statement of 
                the nature of the review; and
                    (ii) any individual who is the subject of the 
                preliminary review and provide such individual with a 
                statement of the nature of the review.
            (B) Within 30 calendar days or 5 legislative days, 
        whichever is later, after receipt of a request under 
        subparagraph (A), complete a preliminary review.
            (C) Before the end of the applicable time period, vote on 
        whether to terminate the preliminary review of the matter under 
        consideration. If the board does not vote affirmatively to 
        terminate the preliminary review before the end of the 
        applicable time period (with not less than 4 members voting to 
        terminate), the board shall commence a second-phase review of 
        the matter under consideration. The board shall notify, in 
        writing, the individual who was the subject of the preliminary 
        review and the Committee on Standards of Official Conduct of 
        its decision to either terminate the preliminary review or 
        commence a second-phase review of the matter. If the board 
        votes to terminate the preliminary review, then it may send a 
        report and any findings to such committee.
            (2)(A)(i) Except as provided by item (ii), complete a 
        second-phase review within 45 calendar days or 5 legislative 
        days, whichever is later, after the board commences such 
        review.
            (ii) Extend the period described in subparagraph (A) for 
        one additional period of 14 calendar days upon the affirmative 
        vote of a majority of its members, a quorum being present.
            (B) Transmit to the Committee on Standards of Official 
        Conduct a recommendation that a matter requires further review 
        only upon the affirmative vote of not less than 4 members of 
        the board.
            (C) Upon the completion of any second-phase review 
        undertaken--
                    (i) transmit to the Committee on Standards of 
                Official Conduct the following--
                            (I) a written report composed solely of--
                                    (aa) a recommendation that the 
                                committee should dismiss the matter 
                                that was the subject of such review;
                                    (bb) a statement that the matter 
                                requires further review; or
                                    (cc) a statement that the matter is 
                                unresolved because of a tie vote; and
                        the number of members voting in the affirmative 
                        and in the negative and a statement of the 
                        nature of the review and the individual who is 
                        the subject of the review;
                            (II) its findings, if any, composed solely 
                        of--
                                    (aa) any findings of fact;
                                    (bb) a description of any relevant 
                                information that it was unable to 
                                obtain or witnesses whom it was unable 
                                to interview, and the reasons therefor;
                                    (cc) a recommendation for the 
                                issuance of subpoenas where 
                                appropriate, if any; and
                                    (dd) a citation of any relevant 
                                law, rule, regulation, or standard of 
                                conduct;
                        but not the names of any cooperative witnesses 
                        or any conclusions regarding the validity of 
                        the allegations upon which it is based or the 
                        guilt or innocence of the individual who is the 
                        subject of the review; and
                            (III) any supporting documentation; and
                    (ii) transmit to the individual who is the subject 
                of the second-phase review the written report of the 
                board described in clause (i).
            (D) Hold such hearings as are necessary and sit and act 
        only in executive session at such times and places and solicit 
        such testimony and receive such relevant evidence as may be 
        necessary to carry out its duties.
            (E) Pay witnesses appearing before the Office in the same 
        manner as prescribed by clause 5 of rule XI of the Rules of the 
        House of Representatives.
            (F) Adopt rules to carry out its duties, which shall 
        include each of the following:
                    (i) A rule requiring each member of the board and 
                of the staff of the Office, before undertaking any work 
                on behalf of the Office, to execute the following oath 
                (or affirmation) in writing: ``I do solemnly swear (or 
                affirm) that I will not disclose to any person or 
                entity outside the Office of Congressional Ethics any 
                information received in the course of my service with 
                the Office except as authorized by the Office or in 
                accordance with its rules.'' Copies of the executed 
                oath shall be provided to the Clerk as part of the 
                records of the House.
                    (ii) A rule providing that--
                            (I) the board may vote to terminate a 
                        preliminary review on any ground, including 
                        that the matter under review is de minimis in 
                        nature; and
                            (II) the board may vote to recommend to the 
                        Committee on Standards of Official Conduct that 
                        the committee should dismiss a matter that was 
                        the subject of a second-phase review on any 
                        ground, including that the matter under review 
                        is de minimis in nature.
                    (iii) A rule requiring that all witnesses sign a 
                statement acknowledging their understanding that the 
                text of section 1001 of title 18, United States Code 
                (popularly known as the False Statements Act) applies 
                to their testimony and to any documents they provide.
                    (iv) A rule requiring that there be no ex parte 
                communications between any member of the board and any 
                individual who is the subject of any review by the 
                board or between any member and any interested party.
                    (v) A rule that establishes a code of conduct to 
                govern the behavior of its members and staff, which 
                shall include the avoidance of conflicts of interest.
    (d) Requests From Committee on Standards of Official Conduct.--(1) 
Notwithstanding any other provision of this section, upon receipt of a 
written request from the Committee on Standards of Official Conduct 
that the board cease its review of any matter and refer such matter to 
the committee because of the ongoing investigation of such matter by 
the committee, the board shall refer such matter to the committee and 
cease its preliminary or second-phase review, as applicable, of that 
matter and so notify any individual who is the subject of the review. 
In any such case, the board shall send a written report to the 
committee containing a statement that, upon the request of that 
committee, the matter is referred to it for its consideration, but not 
any findings.
    (2) If the Committee on Standards of Official Conduct notifies the 
board in writing that it is unable to resolve any matter described in 
paragraph (1), the board shall immediately begin or continue, as the 
case may be, a second-phase review of the matter.
    (e) Limitations on Review.--No review shall be undertaken by the 
board of any alleged violation of law, rule, regulation or standard of 
conduct not in effect at the time of the alleged violation; nor shall 
any review be undertaken by the board of any alleged violation that 
occurred before the date of adoption of this resolution.
    (f) Prohibition on Public Disclosure.--(1) No information or 
testimony received shall be publicly disclosed by any member of the 
board or staff of the Office. Any breaches of confidentiality shall be 
investigated by the Office and appropriate action shall be taken.
    (2) Paragraph (1) shall not preclude presenting its report or 
findings or testifying before the Committee on Standards of Official 
Conduct by any member of the board or staff of the Office if requested 
by such committee pursuant to its rules.
    (3) Before the board transmits any report to the Committee on 
Standards of Official Conduct relating to official conduct of any 
Member, officer, or employee of the House, it shall provide that 
individual the opportunity to present, orally or in writing (at the 
discretion of the board), a statement to the board.
    (g) Presentation of Reports to Committee on Standards of Official 
Conduct.--Whenever the board transmits any report to the Committee on 
Standards of Official Conduct relating to official conduct of any 
Member, officer, or employee of the House, it shall designate a member 
of the board or staff to present the report to such committee if 
requested by such committee.
    (h) Compensation of Staff.--Upon the affirmative vote of at least 4 
of its members, the board may appoint and fix the compensation of such 
professional, nonpartisan staff as it considers necessary to perform 
its duties.
    (i) Termination of Staff.--Members of the staff may be terminated 
during a Congress solely by the affirmative vote of at least 4 members 
of the board.
    (j) Reimbursements.--The board may reimburse its members and staff 
for travel, subsistence, and other necessary expenses incurred by them 
in the performance of their duties in the same manner as is permissible 
for such expenses of other employees of the House.
    (k) Agreements; Retention of Documents by the Clerk.--(1) Before 
any individual who is appointed to serve on the board may do so, the 
individual shall execute a signed document containing the following 
statement: ``I agree not to seek any Federal public office until at 
least 3 years after I am no longer a member of the board of the Office 
of Congressional Ethics.''
    (2) Copies of the signed and executed document shall be retained by 
the Clerk as part of the records of the House. The Clerk shall make the 
signatures a matter of public record, causing the names of each 
individual who has signed the document to be published in a portion of 
the Congressional Record designed for that purpose, and make cumulative 
lists of such names available on the web site of the Clerk.
    (l) Funding.--There shall be paid out of the applicable accounts of 
the House such sums as may be necessary for the expenses of the Office. 
Such payments shall be made on vouchers signed by the chairman of the 
board and approved in the manner directed by the Committee on House 
Administration. Amounts made available under this section shall be 
expended in accordance with regulations prescribed by the Committee on 
House Administration.
    (m) Definition.--As used in this section, the term ``Member'' means 
any Representative in, or Delegate or Resident Commissioner to, the 
Congress.

SEC. 2. FINANCIAL DISCLOSURE REPORTS.

    Rule XXVI of the Rules of the House of Representatives is amended 
by adding at the end the following new clause:
    ``3. Members of the board of the Office of Congressional Ethics 
shall file annual financial disclosure reports with the Clerk of the 
House on or before May 15 of each calendar year after any year in which 
they perform the duties of that position. Such reports shall be on a 
form prepared by the Clerk that is substantially similar to form 450 of 
the Office of Government Ethics. The Clerk shall send a copy of each 
such report filed with the Clerk within the seven-day period beginning 
on the date on which the report is filed to the Committee on Standards 
of Official Conduct and shall have them printed as a House document and 
made available to the public pursuant to clause 1.''.

SEC. 3. CONFORMING AMENDMENTS TO THE RULES OF THE HOUSE.

    Clause 3 of rule XI of the Rules of the House of Representatives is 
amended as follows:
            (1) In paragraph (b)(2), strike ``or'' at the end of 
        subparagraph (A), strike the period and insert ``; or'' at the 
        end of subparagraph (B), and add at the end the following new 
        subparagraph:
            ``(C) upon receipt of a report regarding a referral from 
        the board of the Office of Congressional Ethics.''
            (2) At the end of paragraph (b), add the following new 
        subparagraph:
    ``(8)(A) Except as provided by subdivisions (B), (C), and (D), not 
later than 45 calendar days or 5 legislative days, whichever is later, 
after receipt of a written report and any findings and supporting 
documentation regarding a referral from the board of the Office of 
Congressional Ethics or of a referral of the matter from the board 
pursuant to a request under paragraph (r), the chairman of the 
Committee on Standards of Official Conduct shall make public the 
written report and findings of the board unless the chairman and 
ranking member, acting jointly, decide or the committee votes to 
withhold such information for not more than one additional period of 
the same duration, in which case the chairman shall--
            ``(i) upon the termination of such additional period, make 
        public the written report and findings; and
            ``(ii) upon the day of such decision or vote, make a public 
        statement that the committee has voted to extend the matter 
        relating to the referral made by the board of the Office of 
        Congressional Ethics regarding the Member, officer, or employee 
        of the House who is the subject of the applicable referral.
At least one calendar day before the committee makes public any written 
report and findings of the board, the chairman shall notify such board 
and the applicable Member, officer, or employee of that fact and 
transmit to such individual a copy of the statement on the committee's 
disposition of, and any committee report on, the matter.
    ``(B)(i) Notwithstanding subdivision (A)(i), if the committee votes 
to dismiss a matter which is the subject of a referral from the board 
of the Office of Congressional Ethics, the committee is not required to 
make public the written report and findings described in such 
subdivision unless the committee's vote is inconsistent with the 
recommendation of the board. For purposes of the previous sentence, a 
vote by the committee to dismiss a matter is not inconsistent with a 
report from the board respecting the matter as unresolved due to a tie 
vote.
    ``(ii) Notwithstanding subdivision (A)(ii), if the board transmits 
a report respecting any matter with a recommendation to dismiss or as 
unresolved due to a tie vote, and the committee votes to extend the 
matter for an additional period as provided in subdivision (A), the 
committee is not required to make a public statement that the committee 
has voted to extend the matter.
    ``(iii) Except as provided by subdivision (E), if the committee 
establishes an investigative subcommittee respecting any such matter, 
then the report and findings of the board shall not be made public 
until the conclusion of the investigative subcommittee process and the 
committee shall issue a public statement of the establishment of an 
investigative subcommittee, which statement shall include the name of 
the applicable Member, officer, or employee, and shall set forth the 
alleged violation. If any such investigative subcommittee does not 
conclude its review within one year after the board transmits a report 
respecting any matter, then the committee shall make public the report 
and upon the expiration of the Congress in which the report is made 
public, the committee shall make public any findings.
    ``(C)(i) If, after receipt of a written report and any findings and 
supporting documentation regarding a referral from the board of the 
Office of Congressional Ethics or of a referral of the matter from the 
board pursuant to a request under paragraph (r), the committee agrees 
to a request from an appropriate law enforcement or regulatory 
authority to defer taking action on the matter--
            ``(I) notwithstanding subdivision (A)(i), the committee is 
        not required to make public the written report and findings 
        described in such subdivision, except that if the 
        recommendation of the board with respect to the report is that 
        the matter requires further review, the committee shall make 
        public the written report but not the findings; and
            ``(II) before the end of the first day (excluding 
        Saturdays, Sundays, and public holidays) after the day that the 
        committee agrees to the request, the committee shall make a 
        public statement that it is deferring taking action on the 
        matter at the request of such authority.
    ``(ii) If, upon the expiration of the one-year period that begins 
on the date the committee makes the public statement described in item 
(i)(II), the committee has not acted on the matter, the committee shall 
make a new public statement that it is still deferring taking action on 
the matter, and shall make a new statement upon the expiration of each 
succeeding one-year period during which the committee has not acted on 
the matter.
    ``(D) The committee may not receive any referral from the board of 
the Office of Congressional Ethics within 60 days before an election in 
which the subject of the referral is a candidate. The committee may 
delay any reporting requirement under this subparagraph that falls 
within that 60-day period until the end of such period and in that 
case, for purposes of subdivision (A), days within the 60-day period 
shall not be counted.
    ``(E) If, at the close of any applicable period for a reporting 
requirement under this subparagraph with respect to a referral from the 
board of the Office of Congressional Ethics, the vote of the committee 
is a tie or the committee fails to act, the report and the findings of 
the board shall be made public by the committee, along with a public 
statement by the chairman explaining the status of the matter.''.
            (3) At the end, add the following new paragraph:
    ``(r) Upon receipt of any written notification from the board of 
the Office of Congressional Ethics that the board is undertaking a 
review of any alleged conduct of any Member, officer, or employee of 
the House and if the committee is investigating such matter, the 
committee may at any time so notify the board and request that the 
board cease its review and refer the matter to the committee for its 
consideration. If at the end of the applicable time period (including 
any permissible extension) the committee has not reached a final 
resolution of the matter or has not referred the matter to the 
appropriate Federal or State authorities, the committee shall so notify 
the board of the Office of Congressional Ethics in writing. The 
committee may not request the same matter from the board more than one 
time.''.

SEC. 4. EFFECTIVE DATE.

    This resolution and the amendments made by it shall take effect on 
the date of its adoption, except that the Office of Congressional 
Ethics shall not undertake any review of any alleged violation by a 
Member, officer, or employee of the House of any law, rule, regulation, 
or other standard of conduct applicable to the conduct of such Member, 
officer, or employee in the performance of his duties or the discharge 
of his responsibilities before 120 days after the date of adoption of 
this resolution.
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