H. Res. 895 

In the House of Representatives, U. S., 

March 11, 2008. 

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 

nominated by the Speaker subject to the concurrence of the 

minority leader and three shall be nominated by the minority 

leader subject to the concurrence of the Speaker. The Speaker shall nominate at least one alternate board member subject 

to the concurrence of the minority leader and the minority 

leader shall nominate at least one alternate board member 
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subject to the concurrence of the Speaker. If any vacancy occurs in the board, then the most senior alternate board member nominated by the same individual who nominated the 

member who left the board shall serve on the board until a 

permanent replacement is selected. If a permanent appointment is not made within 90 days, the alternate member shall 

be deemed to have been appointed for the remainder of the 

term of the member who left the board and the Speaker or 

the minority leader, as applicable, shall nominate a new alternate subject to the concurrence of the other leader. 

(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— 
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(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 Con-
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gress. 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 2 members of the board (one 

of whom was nominated by the Speaker and one by the 

minority leader) 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 per-
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formance of his duties or the discharge of his responsibilities, along with a brief description of the specific 

matter, initiate a preliminary review and 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 commence a second-phase review of 

the matter under consideration. An affirmative vote of at 

least 3 members of the board is required to commence 

a second-phase review. If no such vote to commence a 

second-phase review has succeeded by the end of the applicable time period, the matter is terminated. At any 

point before the end of the applicable time period, the 

board may vote to terminate a preliminary review by the 

affirmative vote of not less than 4 members. The board 

shall notify, in writing, the individual who was the subject of the preliminary review and the Committee on 
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Standards of Official Conduct of its decision to either 

terminate the preliminary review or commence a secondphase 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; 
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(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 
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(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 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. 
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(ii) 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. 

(iii) A rule requiring that there be no ex parte 

communications between any member of the board 

or staff of the Office and any individual who is the 

subject of any review by the board or between any 

member and any interested party, and that no 

Member, officer, or employee of the House may 

communicate with any member of the board or staff 

of the Office regarding any matter under review by 

the board except as authorized by the board. 

(iv) 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 
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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)(A) 

When an individual becomes a member of the board or staff 

of the Office, that individual shall 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 of the 

Office any information received in the course of my service 
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with the Office, except as authorized by the board as necessary to conduct official business or pursuant to its rules.’’. 

Copies of the executed oath shall be provided to the Clerk of 

the House as part of the records of the House. 

(B) No testimony received or any other information obtained as a member of the board or staff of the Office shall 

be publicly disclosed by any such individual to any person or 

entity outside the Office. Any communication to any person 

or entity outside the Office may occur only as authorized by 

the board as necessary to conduct official business or pursuant to its rules. 

(C) The Office shall establish procedures necessary to 

prevent the unauthorized disclosure of any information received by the Office. Any breaches of confidentiality shall be 

investigated by the board 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 votes on a recommendation or 

statement to be transmitted 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 
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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 (including an individual who is an alternate) or 

before any individual is hired to be a staff member of the Of-
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fice may do so, the individual shall execute a signed document containing the following statement: ‘‘I agree not to be 

a candidate for the office of Senator or Representative in, or 

Delegate or Resident Commissioner to, the Congress for purposes of the Federal Election Campaign Act of 1971 until at 

least 3 years after I am no longer a member of the board 

or staff 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. 

(3) The following rules shall be applicable to the staff 

of the Office: 

(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 member of the 

staff shall perform all official duties in a nonpartisan 

manner. 
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(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 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 Office without specific prior approval from the chairman and cochairman. 

(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 
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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 
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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 re-
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ferral 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 trans-
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mits 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 
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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 a Federal, State, or local 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, 
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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. 

Attest: 

Clerk.