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


                 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 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--
            (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 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 performance 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 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 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.
                    (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 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 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 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 
Office 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.
            (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 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 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, 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.