The OCE formally opened on January 23, 2009, after adopting rules for conducting investigations and a code of conduct for its board members and staff. It has jurisdiction only over current Members, officers, and employees of the House. This report focuses only on the House of Representatives and the House ethics process. Previous Legislative Attempts for Outside or Independent Enforcement of Congressional Rules of Conduct

Since the establishment of the Senate Select Committee on Ethics and the House Committee on Ethics, members of both committees have sometimes been perceived as reluctant to investigate and discipline colleagues. Special Task Force on Ethics Enforcement

On January 31, 2007, House Speaker Nancy Pelosi and Minority Leader John Boehner announced the creation of the Special Task Force on Ethics Enforcement in the House of Representatives. Chaired by Representative Michael Capuano, the task force was charged with considering "whether the House should create an outside enforcement entity, based on examples in state legislatures and private entities." The report recommended the creation of an Office of Congressional Ethics as an independent office within the House to "review information on allegations of misconduct by members, officers, and employees of the House and make recommendations to the Committee on Standards of Official Conduct for the Committee's official consideration and action." In a press release accompanying the report, Representative Capuano reported that the task force was recommending that
a nonpartisan professional staff be hired by the panel, and current House Members and lobbyists not be permitted to serve on the panel; the OCE conduct preliminary reviews, then refer all matters subject to a second-phase review to the Committee on Standards for disposition; if no merit is found, the board may recommend dismissal; the OCE be given up to 30 calendar days or 5 legislative days, whichever was greater, to conduct a preliminary review, and 45 calendar days or 5 legislative days to review a matter in the second phase before referral to the Committee on Standards; the Committee on Standards be given up to 45 calendar or 5 legislative days, whichever was greater, to consider the matter as allowed pursuant to current Committee on Standards Rules 16b-16e; and the Committee on Standards be required to make a public statement, or finding, on referrals from the OCE by the end of the 45-calendar-day or 5-legislative-day period. 895 . On March 11, 2008, the House debated and agreed to H.Res. In his remarks following the passage of H.Res. The Office of Congressional Ethics was most recently reauthorized by the House as part of the rules package (H.Res. 6) adopted by the 116 th Congress on January 3, 2019. Each member may serve for two Congresses and may be reappointed. Additionally, three members and an alternate are appointed by the minority leader, after consultation with the Speaker. The chair is designated by the Speaker and the co-chair is designated by the minority leader. OCE Rules

The OCE is authorized to adopt rules necessary to carry out its duties. Submission of Information

The OCE was established to conduct independent, nonpartisan reviews of allegations of misconduct by Members, officers, and employees of the House and, when appropriate, to refer matters to the Committee on Ethics under the Rules of the House. This requires the affirmative vote of at least four board members.
The House Office of Congressional Ethics (OCE) was established on March 11, 2008, with the passage of H.Res. 895. It was most recently reauthorized by the House as part of the rules package (H.Res. 6) adopted by the 116th Congress on January 3, 2019.
The office's establishment followed years of efforts by groups within and outside Congress to create an independent entity to investigate allegations of misconduct by Members, officers, and employees of Congress. During the 110th Congress (2007-2008), Speaker of the House Nancy Pelosi and Minority Leader John Boehner created the bipartisan Special Task Force on Ethics Enforcement, chaired by Representative Michael Capuano, to consider whether the House should create an "outside" ethics-enforcement entity. The task force worked for nearly a year before issuing its recommendations for the creation of the OCE.
The mandate of the OCE, which has jurisdiction only in the House, is to review information, and when appropriate, refer findings of fact to the House Committee on Ethics. Only this committee, pursuant to House rules, has the authority to recommend House discipline of Members and staff. Information of alleged wrongdoing by Members, officers, and employees of the House may be accepted by the OCE from the general public, but only the OCE board can initiate a review.
The OCE is composed of six board members, and at least two alternates, each of whom serves a four-year term. The Speaker and the minority leader are each responsible for the appointment of three board members and one alternate. The chair is selected by the Speaker and a co-chair is selected by the minority leader. Current Members of the House, federal employees, and lobbyists are not eligible to serve on the board.
OCE rules for the conduct of investigations and code of conduct can be found at their website, https://oce.house.gov.
This report describes the history and rationale behind the creation of the OCE, its operations, its relationship with the House Committee on Ethics, and options potentially available for Congress if further amendments to the House ethics process are desired.
For additional information, please refer to CRS Report RL30764, Enforcement of Congressional Rules of Conduct: A Historical Overview, by Jacob R. Straus; CRS Report RL30650, Senate Select Committee on Ethics: A Brief History of Its Evolution and Jurisdiction, by Jacob R. Straus; and CRS Report 98-15, House Committee on Ethics: A Brief History of Its Evolution and Jurisdiction, by Jacob R. Straus.