Sec. 553. Establishment of the Board of the Office of Congressional Ethics
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The Office shall be governed by a Congressional Ethics Board consisting of 9 members, of whom— 2 shall be appointed by the President pro tempore of the Senate; 2 shall be appointed by the minority leader of the Senate; 2 shall be appointed by the Speaker of the House of Representatives; 2 shall be appointed by the minority leader of the House of Representatives; and 1 shall be appointed by agreement of the President pro tempore of the Senate, the minority leader of the Senate, the Speaker of the House of Representatives, and the minority leader of the House of Representatives, or by agreement of not less than 3 of those individuals.
Each member of the Board shall be an individual of exceptional public standing who is specifically qualified to serve on the Board by virtue of the individual's education, training, or experience in 1 or more of the legislative, judicial, regulatory, professional ethics, legal, or academic fields. Selection and appointment of each member of the Board shall be without regard to political affiliation and solely on the basis of fitness to perform the duties of a member of the Board.
Each member of the Board shall be a United States citizen. No individual shall be eligible for appointment to, or service on, the Board who— has ever been registered, or required to be registered, as a lobbyist under the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1601 et seq.); engages in, or is otherwise employed in, lobbying of the Congress; is registered or is required to be registered as an agent of a foreign principal under the Foreign Agents Registration Act of 1938 ( 22 U.S.C. 611 et seq.); is, or has been in the 4 years preceding the date of appointment, a Member, employee of the Senate, or employee of the House of Representatives; is an officer or employee of the Federal Government; during the 4 years preceding the date of appointment, engaged in any significant political activity (including being a candidate for public office, fundraising for a candidate for public office or a political party, or serving as an officer or employee of a political campaign or party); or during the 4 years preceding the date of appointment, served as a fiduciary or personal attorney for an officer or employee of the Federal Government, including any Member.
The term of a member of the Board shall be for 2 Congresses. A member of the Board may not serve during 4 consecutive Congresses. A member of the Board may be removed only for cause and upon unanimous agreement among the President pro tempore and the minority leader of the Senate and the Speaker and the minority leader of the House of Representatives. Any vacancy on the Board shall be filled for the unexpired portion of the term in the same manner, and by the same appointing authority, as the original appointment under paragraph (1).
The members of the Board shall elect a chairperson and a vice-chairperson of the Board by a majority vote. The chairperson and the vice-chairperson shall serve a 1-year term, and may be reelected for additional 1-year terms. The chairperson of the Board shall preside at the meetings of the Board, and the vice-chairperson shall preside in the absence or disability of the chairperson. A majority of the members of the Board shall constitute a quorum, except that a lesser number of members may hold hearings.
The Board shall meet at the call of the chairperson or the call of a majority of its members, pursuant to the rules of the Board. Except as otherwise specifically provided, a majority vote of the Board under this subtitle shall require an affirmative vote of 5 or more members. A member of the Board shall not be considered to be an officer or employee of the House or Senate, but shall be compensated at a rate equal to the daily equivalent of the minimum annual rate of basic pay prescribed for GS–15 of the General Schedule under section 5107 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Board.
The Board shall— be the governing body of the Office, and oversee the Office in the implementation of all duties required under this subtitle; and review allegations of violations made against a Member or employee of Congress through the review process described in section 555(b). The Board may hold such hearings as are necessary and may sit and act only in executive session at such times and places, solicit such testimony, and receive such relevant evidence, as may be necessary to carry out its duties.
Each member of the Board shall file an annual financial disclosure report with the Secretary of the Senate and the Clerk of the House of Representatives on or before May 15 of each calendar year immediately following any year in which the member served on the Board. Each such report shall be on a form prepared jointly by the Clerk and the Secretary that is substantially similar to the form required for individuals at the executive branch who must complete a confidential financial disclosure report under section 102 of the Ethics in Government Act of 1978 (5 U.S.C.
App.). The Secretary of the Senate and the Clerk of the House of Representatives, working jointly, shall— not later than 7 days after the date each financial disclosure report under paragraph
(1)is filed, send a copy of each such report to the applicable ethics committees; and annually print all such financial disclosure reports as a document of Congress, and make the document available to the public.
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