[Deschler's Precedents, Volume 3, Chapters 10 - 14]
[Chapter 12. Conduct or Discipline of Members, Officers, or Employees]
[A. Introductory; Particular Kinds of Misconduct]
[§ 2. Committee Functions]
[From the U.S. Government Publishing Office, www.gpo.gov]
[Page 1701-1702]
CHAPTER 12
Conduct or Discipline of Members, Officers, or Employees
A. INTRODUCTORY; PARTICULAR KINDS OF MISCONDUCT
Sec. 2. Committee Functions
Prior to the 90th Congress, there was no standing or permanent
committee in the House to investigate and report on improper conduct of
Members, officers, and employees. Prior to that time, select temporary
committees were ordinarily created to consider allegations of improper
conduct against Members, although in some instances such questions were
considered by standing committees.(5)
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5. For example, House Committee on Military Affairs, 2 Hinds'
Precedents Sec. 1274, 41st Cong. (1870); House Committee on the
Judiciary, 3 Hinds' Precedents Sec. 2652, 37th Cong. I (1861);
House Committee on Elections, 3 Hinds' Precedents Sec. 2653,
39th Cong. (1865); Committee on House Administration (misuse of
contingency funds), 112 Cong. Rec. 27711, 89th Cong. 2d Sess.,
Oct. 19, 1966 [H. Res. 1047], and (congressional conflict of
interest), 109 Cong. Rec. 4940, 88th Cong. 1st Sess., Mar. 28,
1963.
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The rules of the House were amended in the 90th Congress to make
the Committee on Standards of Official Conduct a standing committee of
the House.(6) In that Congress, the House adopted a
resolution (7) which provided that measures relating to the
Code of Official Conduct or to financial disclosure be referred to the
committee. It also authorized the committee to recommend to the House
appropriate legislative and administrative actions to establish or
enforce standards of official conduct for Members, officers, and
employees; to investigate alleged violations of the Code of Official
Conduct, or of any applicable law, rule, regulation, or
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other standard of conduct, and, after a notice and hearing, recommend
to the House, by resolution or otherwise, appropriate action; to report
to the appropriate federal or state authorities, with approval of the
House, any substantial evidence of a violation of any applicable law
disclosed in a committee investigation. The committee was also
authorized to give advisory opinions respecting current or proposed
conduct. Thus, in the 91st Congress, second session [116 Cong. Rec.
1077, Jan. 26, 1970] the Committee on Standards of Official Conduct
published Advisory Opinion No. 1, on the role of a Member of the House
of Representatives in communicating with executives and independent
federal agencies either directly or through the Member's authorized
employee. See Sec. 10, infra.
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6. The House Committee on Standards of Official Conduct was created in
the 90th Congress, 113 Cong. Rec. 9448, 90th Cong. 1st Sess.,
Apr. 13, 1967 [H. Res. 418]; jurisdiction redefined, 114 Cong.
Rec. 8802, 90th Cong. 2d Sess., Apr. 3, 1968 [H. Res. 1099,
amending H. Res. 418]. Rule X clause 1(s) and Rule XI clause
19, House Rules and Manual (1973).
7. 114 Cong. Rec. 8777 et seq., 90th Cong. 2d Sess., Apr. 3, 1968 [H.
Res. 1099, amending H. Res. 418].
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Resolutions recommending action by the House as a result of an
investigation by the committee relating to the official conduct of a
Member, officer, or employee, were made privileged. For a discussion of
sanctions which may be invoked against a Member, see Sec. Sec. 12-18,
infra.
In 1970, Rule XI was amended to confer upon the Committee on
Standards of Official Conduct jurisdiction over measures relating to
(1) lobbying activities affecting the House, and (2) raising,
reporting, and use of campaign contributions for candidates for the
House; and the committee was given authority to investigate those
matters and report its findings to the House.(8)
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8. 116 Cong. Rec. 23136-41, 91st Cong. 2d Sess., July 8, 1970 [H. Res.
1031].
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The Committee on Standards of Official Conduct is authorized, under
Rule XI clause 19, to issue and publish advisory opinions with respect
to the general propriety of any current or proposed conduct of a
Member, officer, or employee of the House, upon request of any such
person.(9)
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9. See, for example, the advisory opinion in Sec. 10, infra.
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The Senate, in 1964, created a permanent committee designated as
the Select Committee on Standards and Conduct to receive complaints and
investigate allegations of improper conduct which may reflect upon the
Senate, violations of law, and violations of rules and regulations of
the Senate.(10) In 1968 the Senate amended its rules to
preclude certain business activities of its officers and employees, to
regulate certain aspects of campaign financing, and to require the
disclosure of Senators' financial interests.(11)
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10. 110 Cong. Rec. 16938, 88th Cong. 2d Sess., July 24, 1964 [S. Res.
338, amended].
11. 114 Cong. Rec. 7406, 90th Cong. 2d Sess., Mar. 22, 1968 [S. Res.
266, to provide standards of conduct for Members, officers, and
employees of the Senate].
Parliamentarian's Note: In 1967 (90th Cong. 1st Sess.) the
Senate select committee investigated allegations of misuse for
personal purposes of campaign and testimonial funds by Senator
Thomas J. Dodd (Conn.). It reported a resolution of censure
against the Senator which was adopted. See Sec. 16.3, infra.
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