The board of the Office of Congressional Conduct, an independent congressional oversight body, remains unfilled over two months into the new term. House leaders have not yet appointed members to this office tasked with investigating ethics complaints against lawmakers and staff, causing concerns among external watchdogs. The House rules package for the new Congress, approved in January along party lines, reauthorized the nonpartisan Office of Congressional Ethics and renamed it the Office of Congressional Conduct. However, House Speaker Mike Johnson, R-La., and Minority Leader Hakeem Jeffries, D-N.Y., who have the authority to appoint board members, have not done so yet. Without a board in place, the professional staff cannot initiate investigations. If the seats remain vacant by Saturday, it will be the longest period of vacancy for the office since its establishment in 2008. Johnson’s spokesman stated he is working on the appointments process, while Jeffries’ spokeswoman declined to comment. Four of the previous year’s board members are willing to be reappointed, while the former chair and co-chair do not plan to return. Concerns have been raised by Kedric Payne, former deputy chief counsel for the ethics office, about the potential demise of the board due to the vacancies. The Office of Congressional Ethics, established 15 years ago, independently investigates ethical allegations against House members, officers, and staff, referring findings to the House Ethics Committee for review and enforcement. The office also discloses its reports to the public. The nonpartisan board, consisting of private citizens who are not lobbyists or federal employees, must approve each stage of the investigation. Payne emphasized the importance of the office’s nonpartisan nature in contrast to the bipartisan House Ethics Committee, which comprises House members.
Congressman Payne highlighted the importance of members of the House not aggressively investigating each other. He referenced the case of former Rep. Matt Gaetz, where the Office of Congressional Ethics did not play a role. Despite pressure to withhold the House Ethics Committee report, it was eventually released due to public scrutiny. This incident strained the Ethics Committee and raised doubts about its future effectiveness. Payne emphasized the risk of a charismatic member hiding misconduct if faced with an investigation.
