[Deschler's Precedents, Volume 3, Chapters 10 - 14]
[Chapter 12. Conduct or Discipline of Members, Officers, or Employees]
[B. Nature and Forms of Disciplinary Measures]
[Â§ 17. Imposition of Fine]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 1753-1754]
 
                               CHAPTER 12
 
        Conduct or Discipline of Members, Officers, or Employees
 
              B. NATURE AND FORMS OF DISCIPLINARY MEASURES
 
Sec. 17. Imposition of Fine

    A fine may be levied by the House against a Member pursuant to its 
constitutional authority to punish its Members (Art. I, Sec. 5, clause 
2).(1)
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 1. See H. Rept. No. 90-27, 90th Cong. 1st Sess. (1967), ``In Re Adam 
        Clayton Powell, Report of Select Committee Pursuant to H. Res. 
        1,'' pp. 28, 29.
            See also, 2 Hinds' Precedents  1665, p. 1142, for the 
        Senate censure case of McLaurin and Tillman, both Senators from 
        South Carolina, 57th Cong.; see also remarks of Senator Mills 
        (Tex.) in debate on charges against Senator Roach (N.D.), 25 
        Cong. Rec. 162, 53d Cong. 1st Sess., Apr. 15, 
        1893.                          -------------------
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Fine of Member For Acts Committed in Prior Congress

Sec. 17.1 The House agreed to a resolution providing for the imposition 
    of a fine against a Member-elect charged with misuse of 
    appropriated funds in a prior Congress.

    In 1967, the recommendation of a House committee that Member-elect 
Adam Clayton Powell, of New York, be fined was considered and rejected 
in favor of a resolution that he be excluded.(2)  Two

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 2. See H. Rept. No. 90-27, 90th Cong. 1st Sess. (1967), ``In Re Adam 
        Clayton Powell, Report of Select Committee Pursuant to H. Res. 
        1,'' p. 33. The committee recommended that ``(3) Adam Clayton 
        Powell, as punishment (for improper expenditure of House funds 
        for private purposes, and for maintaining a person on his 
        clerk-hire payroll who performed no official duties whatever or 
        did not perform them in Washington, D.C., or in the Member's 
        district), pay the Clerk of the House, to be disposed of by him 
        according to law, $40,000; that the Sergeant at Arms of the 
        House be directed to deduct $1,000 per month from the salary 
        otherwise due Mr. Powell and pay the same to the Clerk, said 
        deductions to continue until said sum of $40,000 is fully paid; 
        and that said sums received by the Clerk shall offset any civil 
        liability of Mr. Powell to the United States of America with 
        respect to the matters referred to in paragraphs second and 
        third above (matter in parentheses).''
            See also H. Res. 278, 90th Cong. 1st Sess. The motion for 
        the previous question on this resolution containing the select 
        committee recommendation was defeated (113 Cong. Rec. 5020, 
        Mar. 1, 1967), and a substitute amendment excluding the Member-
        elect was proposed and adopted (113 Cong. Rec. 5037, 5038, Mar. 
        1, 1967). See also Sec. 14.1, supra.
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[[Page 1754]]

years later, however, on Jan. 3, 1969,(3) the House agreed 
to a resolution which included a provision for a fine of $25,000 to be 
deducted on a monthly basis from Mr. Powell's salary.

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 3. 115 Cong. Rec. 29, 34, 91st Cong. 1st Sess., Jan. 3, 1969 [H. Res. 
        2]. After having been excluded from the 90th Congress (see  14, 
        supra), Mr. Powell won re-election to the 91st Congress, but 
        was required to pay a fine for improper expenditures made prior 
        to the 90th Congress.
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