House leaders have yet to appoint members to the board of an independent office tasked with probing ethics complaints against lawmakers and their staff, leaving the office unable to function and raising concerns among external watchdog groups. In January, the House approved a rules package along party lines for the new Congress, re-establishing the nonpartisan Office of Congressional Ethics with a new name: the Office of Congressional Conduct.
However, over two months later, House Speaker Mike Johnson, R-La., and Minority Leader Hakeem Jeffries, D-N.Y., who are responsible for appointing board members, have not yet done so. Without a board, the office's staff cannot initiate investigations. If the board remains unfilled past Saturday, it will be the longest vacancy since the office's inception in 2008.
A representative for Johnson stated that the appointments process is underway, while Jeffries' spokesperson declined to comment. Four out of six board members from the previous year are open to reappointment, though the former chair and co-chair are not returning, according to sources familiar with the matter.
Kedric Payne, a former deputy chief counsel for the office, expressed concern that the board's vacancies could lead to the office's eventual closure. Payne, now with the nonpartisan Campaign Legal Center, noted that the Trump administration dismantled independent ethics bodies in the executive branch, raising fears of a similar strategy in Congress.
Established 15 years ago, the Office of Congressional Ethics is an independent body that investigates ethical violations by House members, officers, and staff. It can refer findings to the House Ethics Committee for further action and can also publish reports to inform the public.
The office has faced opposition from Republicans in the past. In January 2023, a GOP-led House rules package introduced term limits and staffing changes that some Democrats argued would weaken the office.
Payne emphasized the office's nonpartisan nature, which distinguishes it from the bipartisan House Ethics Committee composed of sitting House members. The committee itself faced delays in member appointments this year, with the roster finalized only recently.
All investigations by the Office of Congressional Ethics require approval from its nonpartisan board, consisting of six voting members and two alternates, who are private citizens and cannot be lobbyists or federal employees. They must also agree not to run for office.
Payne highlighted the importance of an independent board, noting that political pressures could hinder the House Ethics Committee's ability to investigate its members thoroughly. He referenced the investigation of former Rep. Matt Gaetz, R-Fla., which the office did not participate in, and the political pressure to suppress the committee's report. The incident strained the Ethics Committee, raising concerns about its future effectiveness.
Payne warned that a more charismatic Congress member under investigation could potentially conceal wrongdoing or suppress damaging reports.