[Deschler's Precedents] [From the U.S. Government Printing Office via GPO Access] [DOCID:52093c12_txt-3] [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) --------------------------------------------------------------------------- 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. --------------------------------------------------------------------------- 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 [[Page 1702]] 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. --------------------------------------------------------------------------- 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]. --------------------------------------------------------------------------- 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) --------------------------------------------------------------------------- 8. 116 Cong. Rec. 23136-41, 91st Cong. 2d Sess., July 8, 1970 [H. Res. 1031]. --------------------------------------------------------------------------- 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) --------------------------------------------------------------------------- 9. See, for example, the advisory opinion in Sec. 10, infra. --------------------------------------------------------------------------- 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) --------------------------------------------------------------------------- 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. --------------------------------------------------------------------------- [[Page 1703]]