[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 431 Laid on Table in House (LTH)]







105th CONGRESS
  2d Session
H. RES. 431

 Disapproving the manner in which Representative Burton has conducted 
  the Committee on Government Reform and Oversight's investigation of 
  political fund-raising improprieties and possible violations of law.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 14, 1998

Mr. Gephardt submitted the following resolution; which was laid on the 
                                 table

_______________________________________________________________________

                               RESOLUTION


 
 Disapproving the manner in which Representative Burton has conducted 
  the Committee on Government Reform and Oversight's investigation of 
  political fund-raising improprieties and possible violations of law.

Whereas the Supreme Court of the United States has noted that, although the 
        power to conduct investigations is inherent in the legislative process, 
        that power is not unlimited, may be exercised only in aid of the 
        legislative function, and cannot be used to expose for the sake of 
        exposure alone;
Whereas the Supreme Court of the United States has further noted that the 
        investigative power of Congress contains ``no general authority to 
        expose the private affairs of individuals without justification in terms 
        of the functions of Congress'';
Whereas Representative Burton is the only Member in the history of the House of 
        Representatives who has had the power to unilaterally issue subpoenas 
        and the power to disclose information obtained therefrom, and has abused 
        these powers;
Whereas the Committee on Standards of Official Conduct has determined that it is 
        improper to alter a House document if such alteration changes the 
        meaning or extensively modifies the document;
Whereas the Speaker of the House of Representatives has correctly and 
        steadfastly called for adherence to the Rule of Law and emphasized that 
        no man is above the law;
Whereas those upon whom the House of Representatives has bestowed its 
        Constitutional power to investigate must abide by the Rule of Law, and 
        must exercise the investigative power fairly and judiciously and in a 
        manner that will preserve the dignity of the House and reflect credit 
        thereon;
Whereas the Rules of the House of Representatives provide that documents and 
        other materials obtained pursuant to a Committee subpoena are records of 
        the Committee that may not be publicly disclosed by a chairman without 
        authorization by the Committee;
Whereas the Committee on Government Reform and Oversight has adopted procedures 
        governing the public disclosure of documents and other materials 
        obtained pursuant to a Committee subpoena;
Whereas pursuant to a Committee subpoena, Representative Burton obtained from 
        the Department of Justice tape recordings of the telephone conversations 
        engaged in by Webster Hubbell while in prison;
Whereas the Department of Justice advised Representative Burton of his 
        responsibility to pay special regard to the sensitive nature of the tape 
        recordings, which recordings the Department of Justice could not 
        lawfully disclose to the public;
Whereas Representative Burton intentionally violated the Rules of the House of 
        Representatives and the procedures of the Committee on Government Reform 
        and Oversight, and displayed an utter disregard for both the privacy 
        rights of those involved and the ability of the Bureau of Prisons to 
        perform its functions effectively by publicly disclosing the tape 
        recordings and transcripts of telephone conversations between Webster 
        Hubbell and his wife, other family members, friends, and attorneys;
Whereas the transcripts publicly disclosed by Representative Burton in violation 
        of the Rules of the House of Representatives and the procedures of the 
        Committee had been altered and selectively edited so as to mislead 
        Members of the House of Representatives and the public, distort the 
        public record; impair the ability of the House of Representatives to 
        perform its legislative and oversight functions, and violate the 
        integrity of Committee proceedings;
Whereas the materials publicly disclosed by Representative Burton in violation 
        of the Rules of the House of Representatives and the procedures of the 
        Committee contained conversations between a husband and wife pertaining 
        to family, personal, medical, and marital problems; and
Whereas, through these actions, his failure to abide by the Rule of Law, and his 
        consistent abuse of the investigative powers of the House of 
        Representatives, Representative Burton has brought discredit upon the 
        House of Representatives: Now, therefore, be it
    Resolved, That the House of Representatives disapproves of the 
manner in which Representative Burton has conducted the Committee on 
Government Reform and Oversight's investigation of political fund-
raising improprieties and possible violations of law.
                                 <all>