IV 
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 jurisdic-
tion 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 CONGRES-
SIONAL 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 re-
ferred to as the ‘‘Discipline Clause’’), there is established 
in the House an independent office to be known as the 
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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 ap-
pointees of the minority leader. Each position shall be ap-
pointed 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 po-
sitions on the board remain vacant at the end of such time 
period, then the appointments shall be made by the Speak-
er 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, profes-
sional 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. 
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(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 reg-
istered 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 un-
expired 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 
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of the board may not serve during more than four consecu-
tive Congresses. 
(B) Of the individuals appointed in the 110th Con-
gress 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 Sched-
ule 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 Sat-
urdays, Sundays, and public holidays) after receipt 
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of a joint written request from any 2 members of 
the board to all board members to undertake a pre-
liminary review of any alleged violation by a Mem-
ber, officer, or employee of the House of any law, 
rule, regulation, or other standard of conduct appli-
cable to the conduct of such Member, officer, or em-
ployee in the performance of his duties or the dis-
charge of his responsibilities, along with a brief de-
scription 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 re-
view. 
(C) Before the end of the applicable time pe-
riod, 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 
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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 Com-
mittee on Standards of Official Conduct of its deci-
sion 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), com-
plete 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 subpara-
graph (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— 
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(i) transmit to the Committee on Stand-
ards 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 af-
firmative and in the negative and a state-
ment 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 ob-
tain or witnesses whom it was unable 
to interview, and the reasons therefor; 
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(cc) a recommendation for the 
issuance of subpoenas where appro-
priate, if any; and 
(dd) a citation of any relevant 
law, rule, regulation, or standard of 
conduct; 
but not the names of any cooperative wit-
nesses or any conclusions regarding the va-
lidity of the allegations upon which it is 
based or the guilt or innocence of the indi-
vidual 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. 
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(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 un-
dertaking 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 out-
side the Office of Congressional Ethics any in-
formation received in the course of my service 
with the Office except as authorized by the Of-
fice 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, includ-
ing 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 
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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 con-
duct to govern the behavior of its members and 
staff, which shall include the avoidance of con-
flicts of interest. 
(d) REQUESTS FROM COMMITTEE ON STANDARDS OF 
OFFICIAL CONDUCT.—(1) Notwithstanding any other pro-
vision 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 investiga-
tion of such matter by the committee, the board shall refer 
such matter to the committee and cease its preliminary 
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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 Con-
duct notifies the board in writing that it is unable to re-
solve 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 oc-
curred before the date of adoption of this resolution. 
(f) PROHIBITION ON PUBLIC DISCLOSURE.—(1) No 
information or testimony received shall be publicly dis-
closed 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 
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or staff of the Office if requested by such committee pur-
suant 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 Stand-
ards of Official Conduct relating to official conduct of any 
Member, officer, or employee of the House, it shall des-
ignate 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 affirma-
tive vote of at least 4 of its members, the board may ap-
point and fix the compensation of such professional, non-
partisan staff as it considers necessary to perform its du-
ties. 
(i) TERMINATION OF STAFF.—Members of the staff 
may be terminated during a Congress solely by the affirm-
ative vote of at least 4 members of the board. 
(j) REIMBURSEMENTS.—The board may reimburse 
its members and staff for travel, subsistence, and other 
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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 exe-
cute a signed document containing the following state-
ment: ‘‘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 applica-
ble 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 regula-
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tions prescribed by the Committee on House Administra-
tion. 
(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 Representa-
tives is amended by adding at the end the following new 
clause: 
‘‘3. Members of the board of the Office of Congres-
sional 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 docu-
ment and made available to the public pursuant to clause 
1.’’. 
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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 following new subparagraph: 
‘‘(C) upon receipt of a report regarding a refer-
ral from the board of the Office of Congressional 
Ethics.’’ 
(2) At the end of paragraph (b), add the fol-
lowing 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 pursu-
ant 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— 
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‘‘(i) upon the termination of such additional pe-
riod, 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 refer-
ral. 
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 Mem-
ber, officer, or employee of that fact and transmit to such 
individual a copy of the statement on the committee’s dis-
position 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 rec-
ommendation of the board. For purposes of the previous 
sentence, a vote by the committee to dismiss a matter is 
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‘‘(C)(i) If, after receipt of a written report and any 
findings and supporting documentation regarding a refer-
ral 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 regu-
latory 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 fur-
ther 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 pub-
lic statement that it is still deferring taking action on the 
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matter, and shall make a new statement upon the expira-
tion 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 with-
in 60 days before an election in which the subject of the 
referral is a candidate. The committee may delay any re-
porting 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 re-
spect to a referral from the board of the Office of Congres-
sional 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 para-
graph: 
‘‘(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 com-
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mittee 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 pe-
riod (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 com-
mittee 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 re-
view of any alleged violation by a Member, officer, or em-
ployee 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. 
Æ 
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