H. Res. 895 
In the House of Representatives, U. S., 
March 11, 2008. 
Resolved, 
SECTION 1. ESTABLISHMENT OF THE OFFICE OF CONGRES-
SIONAL ETHICS. 
(a) ESTABLISHMENT.—For the purpose of assisting the 
House in carrying out its responsibilities under article I, sec-
tion 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 ‘‘Of-
fice’’). 
(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 Speak-
er 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 oc-
curs in the board, then the most senior alternate board mem-
ber 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 appoint-
ment 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 alter-
nate subject to the concurrence of the other leader. 
(2) The Speaker and the minority leader each shall ap-
point individuals of exceptional public standing who are spe-
cifically qualified to serve on the board by virtue of their edu-
cation, 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 Dis-
closure 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, lob-
bying 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 Gov-
ernment. 
(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 em-
ployee of the House. 
(5) A vacancy on the board shall be filled for the unex-
pired 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 Con-
gresses. 
(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 addi-
tional term of two Congresses. 
(C) Any member of the board may be removed from of-
fice 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 con-
stitute 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 Satur-
days, 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, regu-
lation, 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 respon-
sibilities, along with a brief description of the specific 
matter, initiate a preliminary review and notify in writ-
ing— 
(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 sub-
paragraph (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 ap-
plicable 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 sub-
ject 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 second- 
phase review of the matter. If the board votes to termi-
nate 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 leg-
islative days, whichever is later, after the board com-
mences 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 Of-
ficial 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 re-
view 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 com-
mittee should dismiss the matter that was 
the subject of such review;
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(bb) a statement that the matter re-
quires further review; or 
(cc) a statement that the matter is 
unresolved because of a tie vote; and 
the number of members voting in the affirma-
tive 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 in-
formation that it was unable to obtain or 
witnesses whom it was unable to inter-
view, 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 sub-
ject of the review; and
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(III) any supporting documentation; and 
(ii) transmit to the individual who is the sub-
ject 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 rel-
evant evidence as may be necessary to carry out its du-
ties. 
(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 pre-
liminary review on any ground, including that 
the matter under review is de minimis in na-
ture; and 
(II) the board may vote to recommend to 
the Committee on Standards of Official Con-
duct that the committee should dismiss a mat-
ter that was the subject of a second-phase re-
view 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 docu-
ments 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 in-
terest. 
(d) REQUESTS FROM COMMITTEE ON STANDARDS OF 
OFFICIAL CONDUCT.—(1) Notwithstanding any other provi-
sion 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 indi-
vidual 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 find-
ings. 
(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 imme-
diately begin or continue, as the case may be, a second-phase 
review of the matter. 
(e) LIMITATIONS ON REVIEW.—No review shall be un-
dertaken 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 nec-
essary 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 ob-
tained 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 pursu-
ant to its rules. 
(C) The Office shall establish procedures necessary to 
prevent the unauthorized disclosure of any information re-
ceived 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 re-
port or findings or testifying before the Committee on Stand-
ards 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 Mem-
ber, officer, or employee of the House, it shall provide that
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(D) No member of the staff shall engage in any 
partisan political activity directly affecting any congres-
sional 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 employ-
ment or duties with the Office without specific prior ap-
proval 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 Adminis-
tration. 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 Resi-
dent 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 Rep-
resentatives 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 fol-
lowing 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 addi-
tional period of the same duration, in which case the chair-
man 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 ex-
tend 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 com-
mittee 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 re-
port 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 recommenda-
tion 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 com-
mittee 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 investiga-
tive subcommittee process and the committee shall issue a 
public statement of the establishment of an investigative sub-
committee, which statement shall include the name of the ap-
plicable 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 Con-
gress 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 find-
ings and supporting documentation regarding a referral from 
the board of the Office of Congressional Ethics or of a refer-
ral of the matter from the board pursuant to a request under 
paragraph (r), the committee agrees to a request from an ap-
propriate law enforcement or regulatory authority to defer 
taking action on the matter— 
‘‘(I) notwithstanding subdivision (A)(i), the com-
mittee 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 Sat-
urdays, 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 ac-
tion 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 pe-
riod 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 re-
porting requirement under this subparagraph with respect to 
a referral from the board of the Office of Congressional Eth-
ics, 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 in-
vestigating 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 per-
missible extension) the committee has not reached a final res-
olution 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 con-
duct 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 adop-
tion of this resolution. 
Attest: 
Clerk.