[Deschler's Precedents, Volume 4, Chapters 15 - 17]
[Chapter 17. Committees]
[D. Jurisdiction of Committees]
[Â§ 49. Committee on Standards of Official Conduct]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 3005-3020]
 
                               CHAPTER 17
 
                               Committees
 
                         C. COMMITTEE PROCEDURE
 
Sec. 49. Committee on Standards of Official Conduct

    The Committee on Standards of Official Conduct was established on 
Apr. 13, 1967,(11) with instructions to ``recommend as soon 
as practicable . . . such changes in laws, rules, and regulations, as 
the committee deems necessary to establish and enforce standards of 
official conduct for Members, officers, and employees of the House.'' 
The committee became a permanent standing committee on Apr. 3, 
1968,(12) at which time its jurisdiction was redefined, and 
a code of ``Official Conduct'' and provisions for ``Financial 
Disclosure'' were made part of the House rules. On July 8, 
1970,(13) the committee was granted certain legislative and 
investigative authority over the subjects of lobbying and the reporting 
of campaign contributions.
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11. 113 Cong. Rec. 9448, 90th Cong. 1st Sess. (H. Res. 418).
12. 114 Cong. Rec. 8812, 90th Cong. 2d Sess. (H. Res. 1099).
13. 116 Cong. Rec. 23136, 91st Cong. 2d Sess. (H. Res. 1031).
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    The jurisdiction of the Committee on Standards of Official Conduct 
pursuant to the 1973 rules (l4) and the procedures which 
governed the exercise of that jurisdiction were as follows:
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14. Rule XI clause 19, House Rules and Manual Sec. 720 (1973). See Rule 
        X clause 1(t), House Rules and Manual Sec. 689 (1979).
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        (a) Measures relating to the Code of Official Conduct.
        (b) Measures relating to financial disclosure by Members, 
    officers, and employees of the House of Representatives.

[[Page 3006]]

        (c) Measures relating to activities designed to (1) assist in 
    defeating, passing, or amending any legislation by the House or (2) 
    influence, directly or indirectly, the passage or defeat of any 
    legislation by the House.

        (d) Measures relating to the raising, reporting, and use of 
    campaign contributions for candidates for the office of 
    Representative in the House of Representatives and of Resident 
    Commissioner to the United States from Puerto Rico.
        (e) The committee is authorized (1) to recommend to the House 
    of Representatives, from time to time, such legislative or 
    administrative actions as the committee may deem appropriate to 
    establish or enforce standards of official conduct for Members, 
    officers, and employees of the House of Representatives; (2) to 
    investigate, subject to paragraph (f) of this clause, any alleged 
    violation, by a Member, officer, or employee of the House of 
    Representatives, of the Code of Official Conduct or of any law, 
    rule, regulation, or other standard of conduct applicable to the 
    conduct of such Member, officer, or employee in the performance of 
    his duties or the discharge of his responsibilities and, after 
    notice and a hearing, shall recommend to the House of 
    Representatives, by resolution or otherwise, such action as the 
    committee may deem appropriate in the circumstances; (3) to report 
    to the appropriate Federal or State authorities, with approval of 
    the House of Representatives, any substantial evidence of a 
    violation, by a Member, officer, or employee of the House of 
    Representatives, of any law applicable to the performance of his 
    duties or the discharge of his responsibilities, which may have 
    been disclosed in a committee investigation; and (4) to give 
    consideration to the request of a Member, officer, or employee of 
    the House of Representatives, for an advisory opinion with respect 
    to the general propriety of any current or proposed conduct of such 
    Member, officer, or employee and, with appropriate deletions to 
    assure the privacy of the individual concerned, to publish such 
    opinion for the guidance of other Members, officers, and employees 
    of the House of Representatives.
        (f)(1) No resolution, report, recommendation, or advisory 
    opinion relating to the official conduct of a Member, officer, or 
    employee of the House of Representatives shall be made, and no 
    investigation of such conduct shall be undertaken, unless approved 
    by the affirmative vote of not less than seven members of the 
    committee. (2) Except in the case of an investigation undertaken by 
    the committee on its own initiative, the committee may undertake an 
    investigation relating to the official conduct of an individual 
    Member, officer, or employee of the House of Representatives only 
    (A) upon receipt of a complaint, in writing and under oath, made by 
    or submitted to a Member of the House of Representatives and 
    transmitted to the committee by such Member, or (B) upon receipt of 
    a complaint, in writing and under oath, directly from an individual 
    not a Member of the House of Representatives if the committee finds 
    that such complaint has been submitted by such individual to not 
    less than three Members of the House of Representatives who have 
    refused, in writing, to transmit such complaint to the committee. 
    (3) No investigation shall be undertaken of any alleged violation 
    of a law,

[[Page 3007]]

    rule, regulation, or standard of conduct not in effect at the time 
    of the alleged violation. (4) A member of the committee shall be 
    ineligible to participate, as a member of the committee, in any 
    committee proceeding relating to his official conduct. In any case 
    in which a member of the committee is ineligible to act as a member 
    of the committee under the preceding sentence, the Speaker of the 
    House of Representatives shall designate a Member of the House of 
    Representatives from the same political party as the ineligible 
    member of the committee to act as a member of the committee in any 
    committee proceeding relating to the official conduct of such 
    ineligible member.
        (g) The Committee on Standards of Official Conduct, acting as a 
    whole or by subcommittee, is authorized to conduct investigations 
    and studies, from time to time, of the laws, rules, regulations, 
    procedures, practices, and activities pertaining to (1) lobbying 
    activities as described in subparagraphs (1) and (2) of paragraph 
    (c) of this clause, or (2) the raising, reporting, and use of 
    political campaign contributions as described in paragraph (d) of 
    this clause, or (3) both. Each such investigation and study may 
    include all pertinent matters which would assist the Congress in 
    connection with necessary remedial legislation. The committee may 
    obtain the views of all parties familiar with the subject matter 
    covered by the investigation and study. The committee shall report 
    to the House (or to the Clerk of the House if the House is not in 
    session) the results of each such investigation and study, together 
    with such recommendations as the committee considers advisable.
        (h) For the purpose of carrying out the foregoing provisions of 
    this clause, the committee, or any subcommittee thereof, is 
    authorized to sit and act at such times and places within the 
    United States, whether the House is in session, has recessed, or 
    has adjourned, to hold such hearings, and to require, by subpena or 
    otherwise, the attendance and testimony of such witnesses and the 
    production of such books, records, correspondence, memorandums, 
    papers, and documents, as it deems necessary. Subpenas may be 
    issued under the signature of the chairman of the committee or any 
    member of the committee designated by him, and may be served by any 
    person designated by such chairman or member.

    Further insight into the jurisdiction of the committee may be 
obtained through examination of the rules establishing a code of 
conduct (15) and the financial disclosure 
requirements.(16) Measures relating to these matters were 
incorporated by reference as falling within the committee's 
realm.(17)
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15. Rule XLIII, House Rules and Manual Sec. 939 (1979).
16. Rule XLIV, House Rules and Manual Sec. 940 (1979).
17. See Rule XI clauses 19(a), (b), House Rules and Manual Sec. 720 
        (1973).
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    In 1973 the relevant provisions read as follows:

                                 Rule XLIII

                          code of official conduct

        There is hereby established by and for the House of 
    Representatives the following code of conduct, to be known as the 
    ``Code of Official Conduct'':

[[Page 3008]]

        1. A Member, officer, or employee of the House of 
    Representatives shall conduct himself at all times in a manner 
    which shall reflect creditably on the House of Representatives.
        2. A Member, officer, or employee of the House of 
    Representatives shall adhere to the spirit and the letter of the 
    Rules of the House of Representatives and to the rules of duly 
    constituted committees thereof.
        3. A Member, officer, or employee of the House of 
    Representatives shall receive no compensation nor shall he permit 
    any compensation to accrue to his beneficial interest from any 
    source, the receipt of which would occur by virtue of influence 
    improperly exerted from his position in the Congress.
        4. A Member, officer, or employee of the House of 
    Representatives shall accept no gift of substantial value, directly 
    or indirectly, from any person, organization, or corporation having 
    a direct interest in legislation before the Congress.
        5. A Member, officer, or employee of the House of 
    Representatives shall accept no honorarium for a speech, writing 
    for publication, or other similar activity, from any person, 
    organization, or corporation in excess of the usual and customary 
    value for such services.
        6. A Member of the House of Representatives shall keep his 
    campaign funds separate from his personal funds. He shall convert 
    no campaign funds to personal use in excess of reimbursement for 
    legitimate and verifiable prior campaign expenditures. He shall 
    expend no funds from his campaign account not attributable to bona 
    fide campaign purposes.
        7. A Member of the House of Representatives shall treat as 
    campaign contributions all proceeds from testimonial dinners or 
    other fund raising events if the sponsors of such affairs do not 
    give clear notice in advance to the donors or participants that the 
    proceeds are intended for other purposes.
        8. A Member of the House of Representatives shall retain no one 
    from his clerk hire allowance who does not perform duties 
    commensurate with the compensation he receives.
        As used in this Code of Official Conduct of the House of 
    Representatives--(a) the terms ``Member'' and ``Member of the House 
    of Representatives'' include the Resident Commissioner from Puerto 
    Rico and each Delegate to the House; and (b) the term ``officer or 
    employee of the House of Representatives'' means any individual 
    whose compensation is disbursed by the Clerk of the House of 
    Representatives.

                                 Rule XLIV

                            financial disclosure

        Members, officers, principal assistants to Members and 
    officers, and professional staff members of committees shall, not 
    later than April 30, 1969, and by April 30 of each year thereafter, 
    file with the Committee on Standards of Official Conduct a report 
    disclosing certain financial interests as provided in this rule. 
    The interest of a spouse or any other party, if constructively 
    controlled by the person reporting, shall be considered to be the 
    same as the interest of the person reporting. The report shall be 
    in two parts as follows:

                                   part a

        1. List the name, instrument of ownership, and any position of 
    manage

[[Page 3009]]

    ment held in any business entity doing a substantial business with 
    the Federal Government or subject to Federal regulatory agencies, 
    in which the ownership is in excess of $5,000 fair market value as 
    of the date of filing or from which income of $1,000 or more was 
    derived during the preceding calendar year. Do not list any time or 
    demand deposit in a financial institution, or any debt instrument 
    having a fixed yield unless it is convertible to an equity 
    instrument.
        2. List the name, address, and type of practice of any 
    professional organization in which the person reporting, or his 
    spouse, is an officer, director, or partner, or serves in any 
    advisory capacity, from which income of $1,000 or more was derived 
    during the preceding calendar year.
        3. List the source of each of the following items received 
    during the preceding calendar year: (a) Any income for services 
    rendered (other than from the United States Government) exceeding 
    $5,000. (b) Any capital gain from a single source exceeding $5,000, 
    other than from the sale of a residence occupied by the person 
    reporting. (c) Reimbursement for expenditures (other than from the 
    United States Government) exceeding $1,000 in each instance. (d) 
    Honorariums from a single source aggregating $300 or more.
        4. List each creditor to whom the person reporting was indebted 
    for a period of ninety consecutive days or more during the 
    preceding calendar year in an aggregate amount in excess of 
    $10,000, excluding any indebtedness specifically secured by the 
    pledge of assets of the person reporting of appropriate value.
        Campaign receipts shall not be included in this report.
        Information filed under part A shall be maintained by the 
    Committee on Standards of Official Conduct and made available at 
    reasonable hours to responsible public inquiry, subject to such 
    regulations as the committee may prescribe including, but not 
    limited to, regulations requiring identification by name, 
    occupation, address, and telephone number of each person examining 
    information filed under part A, and the reason for each such 
    inquiry.
        The committee shall promptly notify each person required to 
    file a report under this rule of each instance of an examination of 
    his report. The committee shall also promptly notify a Member of 
    each examination of the reports filed by his principal assistants 
    and of each examination of the reports of professional staff 
    members of committees who are responsible to such Member.

                                   part b

        1. List the fair market value (as of the date of filing) of 
    each item listed under paragraph 1 of part A and the income derived 
    therefrom during the preceding calendar year.
        2. List the amount of income derived from each item listed 
    under paragraphs 2 and 3 of part A, and the amount of indebtedness 
    owed to each creditor listed under paragraph 4 of part A.
        The information filed under this part B shall be sealed by the 
    person filing and shall remain sealed unless the Committee on 
    Standards of Official Conduct, pursuant to its investigative 
    authority, determines by a vote of not less than seven members of 
    the committee that the examination of such in

[[Page 3010]]

    formation is essential in an official investigation by the 
    committee and promptly notifies the Member concerned of any such 
    determination. The committee may, by a vote of not less than seven 
    members of the committee, make public any portion of the 
    information unsealed by the committee under the preceding sentence 
    and which the committee deems to be in the public interest.
        Any person required to file a report under this rule who has no 
    interests covered by any of the provisions of this rule shall file 
    a report, under part A only of this rule, so stating.
        In any case in which a person required to file a sealed report 
    under part B of this rule is no longer required to file such a 
    report, the committee shall return to such person, or his legal 
    representative, all sealed reports filed by such person under part 
    B and remaining in the possession of the committee.
        As used in this rule--(1) the term ``Members'' includes the 
    Resident Commissioner from Puerto Rico and each Delegate to the 
    House; and (2) the term ``committees'' includes any committee or 
    subcommittee of the House of Representatives and any joint 
    committee of Congress, the expenses of which are paid from the 
    contingent fund of the House of Representatives.

    In the course of analyzing the scope of the committee's 
jurisdiction, it should be noted that the Committee on Rules is 
expressly excluded from responsibility over ``rules or joint rules 
relating to the Code of Official Conduct or relating to financial 
disclosure by a Member, officer, or employee of the House'' (in the 
95th Congress, the Committee on Rules regained jurisdiction over 
financial disclosure rules).(18) Thus, the Committee on 
Standards of Official Conduct has been charged with exclusive 
responsibilities in regard to the Code of Official Conduct (Rule 
XLIII). Secondly, the procedural safeguards which are incorporated in 
the rules significantly affect the committee's investigatory and 
advisory roles. Thus, no action--not even an advisory opinion--will be 
undertaken by the committee unless seven of its 12 members (the party 
ratio of which is one to one) choose to proceed. No complaint will be 
considered unless it is in writing, under oath, submitted or 
transmitted by a Member or unless its submission is made by a nonmember 
after its transmission has been rejected, in writing, by three Members. 
Moreover, no action not in violation of a law, rule, regulation, or 
standard at the time of its commission will be investigated. And, no 
member of the committee may partake in any proceeding relating to his 
own official conduct.
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18. Rule XI clause 17(a), House Rules and Manual Sec. 715 (1973) and 
        Rule X clause 1(q)(1), House Rules and Manual Sec. 686 (1979).
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    As the precedents indicate, the committee has issued advisory

[[Page 3011]]

opinions and reports pursuant to its responsibilities (19) 
and has also dealt with such matters as roll call irregularities and 
recommendations with respect thereto.(20)
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19. See Ch. 12 Sec. Sec. 9.1, 10, 13.1, 15.2, and the appendix thereto, 
        supra.
20. 49.2, infra.
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    In the 94th Congress, jurisdiction over the raising, reporting, and 
use of campaign contributions for candidates for the House was 
transferred to the Committee on House Administration.(1) And 
Special Committees to Investigate Campaign Expenditures are no longer 
created, since the Committee on House Administration, with jurisdiction 
over that subject, now has standing investigatory power as do other 
standing committees [Rule XI clause 2(m), House Rules and Manual 
Sec. 718 1979)].(2)
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 1. H. Res. 5, 121 Cong. Rec. 20-22, 94th Cong. 1st Sess., Jan. 14, 
        1975.
 2. Rule XI clause 2(m) resulted from the adoption of the Committee 
        Reform Amendments of 1974, H. Res. 988, 120 Cong. Rec. 34447-
        70, 93d Cong. 2d Sess., Oct. 8, 1974.
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    In the 95th Congress, the jurisdiction of the Committee on 
Standards of Official Conduct over lobbying activities and over 
financial disclosure were removed from the committee, leaving it with 
jurisdiction over measures relating to the Code of Official Conduct and 
the special functions now provided in Rule X clause 4(e) (3) 
[transferred from Rule XI clause 19(e),(4) carried in full 
above]: (5)
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 3. House Rules and Manual Sec. 698 (1979).
 4. House Rules and Manual Sec. 720 (1973).
 5. H. Res. 5, 123 Cong. Rec. 53-70, 95th Cong. 1st Sess., Jan. 4, 
        1977. The clause was transferred by the Committee Reform 
        Amendments of 1974, which also permitted a majority of the 
        committee, rather than seven members, to authorize an 
        investigation. Subparagraph (E) was added to the clause by H. 
        Res. 5, in the 95th Congress, to provide a mechanism for a 
        committee member to disqualify himself from participating in an 
        investigation.
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        (e)(1) The Committee on Standards of Official Conduct is 
    authorized: (A) to recommend to the House from time to time such 
    administrative actions as it may deem appropriate to establish or 
    enforce standards of official conduct for Members, officers, and 
    employees of the House; (B) to investigate, subject to subparagraph 
    (2) of this paragraph, any alleged violation by a Member, officer, 
    or employee of the House, of the Code of Official Conduct or of any 
    law, rule, regulation, or other standard of conduct applicable to 
    the conduct of such Member, officer, or employee in the performance 
    of his duties or the discharge of his responsibilities, and, after 
    notice and hearing, to recommend to the House by resolution or 
    otherwise, such action as the committee

[[Page 3012]]

    may deem appropriate in the circumstances; (C) to report to the 
    appropriate Federal or State authorities, with the approval of the 
    House, any substantial evidence of a violation, by a Member, 
    officer, or employee of the House, of any law applicable to the 
    performance of his duties or the discharge of his responsibilities, 
    which may have been disclosed in a committee investigation; and (D) 
    to give consideration to the request of any Member, officer, or 
    employee of the House for an advisory opinion with respect to the 
    general propriety of any current or proposed conduct of such 
    Member, officer, or employee and, with appropriate deletions to 
    assure the privacy of the individual concerned, to publish such 
    opinion for the guidance of other Members, officers, and employees 
    of the House.

        (2)(A) No resolution, report, recommendation, or advisory 
    opinion relating to the official conduct of a Member, officer, or 
    employee of the House shall be made by the Committee on Standards 
    of Official Conduct, and no investigation of such conduct shall be 
    undertaken by such committee, unless approved by the affirmative 
    vote of a majority of the members of the committee.
        (B) Except in the case of an investigation undertaken by the 
    committee on its own initiative, the committee may undertake an 
    investigation relating to the official conduct of an individual 
    Member, officer, or employee of the House of Representatives only--
        (i) upon receipt of a complaint, in writing and under oath, 
    made by or submitted to a Member of the House and transmitted to 
    the committee by such Member, or
        (ii) upon receipt of a complaint, in writing and under oath, 
    directly from an individual not a Member of the House if the 
    committee finds that such complaint has been submitted by such 
    individual to not less than three Members of the House who have 
    refused, in writing, to transmit such complaint to the committee.
        (C) No investigation shall be undertaken by the committee of 
    any alleged violation of a law, rule, regulation, or standard of 
    conduct not in effect at the time of the alleged violation.
        (D) A member of the committee shall be ineligible to 
    participate, as a member of the committee, in any committee 
    proceeding relating to his or her official conduct. In any case in 
    which a member of the committee is ineligible to act as a member of 
    the committee under the preceding sentence, the Speaker of the 
    House shall designate a Member of the House from the same political 
    party as the ineligible member of the committee to act as a member 
    of the committee in any committee proceeding relating to the 
    official conduct of such ineligible member.
        (E) A member of the committee may disqualify himself from 
    participating in any investigation of the conduct of a Member, 
    officer, or employee of the House upon the submission in writing 
    and under oath of an affidavit of disqualification stating that he 
    cannot render an impartial and unbiased decision in the case in 
    which he seeks to disqualify himself. If the committee approves and 
    accepts such affidavit of disqualification, the chairman shall so 
    notify the Speaker and request the Speaker to designate a Member of 
    the House from the same political party as the disqualifying member 
    of the com

[[Page 3013]]

    mittee to act as a member of the committee in any committee 
    proceeding relating to such 
    investigation.

                          -------------------

Lobbying Activities; Campaign Contributions

Sec. 49.1 The rules were 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; the committee was also given authority to investigate those 
    matters and to report its findings to the House.

    On July 8, 1970,(6) by direction of the Committee on 
Rules, William M. Colmer, Chairman of that committee, called up House 
Resolution 1031 and asked for its immediate consideration. The Clerk 
then read the resolution, as follows:
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 6. 116 Cong. Rec. 23136, 91st Cong. 2d Sess.
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        Resolved, That (a) clause 19 of rule XI of the Rules of the 
    House of Representatives (7) is amended by inserting 
    immediately below paragraph (b) thereof the following new 
    paragraphs:
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 7. This clause defined the jurisdiction of the Committee on Standards 
        of Official Conduct [H. Jour. 1435, 91st Cong. 1st Sess. 
        (1969)] and did not then include [Rule XI clause 19, House 
        Rules and Manual Sec. 720 (1973)] paragraphs ``(c),'' ``(d),'' 
        and ``(g).''
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        ``(c) Measures relating to activities designed to (1) assist in 
    defeating, passing, or amending any legislation by the House or (2) 
    influence, directly or indirectly, the passage or defeat of any 
    legislation by the House.
        ``(d) Measures relating to the raising, reporting, and use of 
    campaign contributions for candidates for the office of 
    Representative in the House of Representatives and of Resident 
    Commissioner to the United States from Puerto Rico.''.
        (b) Clause 19 of rule XI of the Rules of the House of 
    Representatives is further amended by inserting immediately below 
    paragraph (d) thereof the following new paragraph:
        ``(g) The Committee on Standards of Official Conduct, acting as 
    a whole or by subcommittee, is authorized to conduct investigations 
    and studies, from time to time, of the laws, rules, regulations, 
    procedures, practices, and activities pertaining to (1) lobbying 
    activities as described in subparagraphs (1) and (2) of paragraph 
    (c) of this clause, or (2) the raising, reporting, and use of 
    political campaign contributions as described in paragraph (d) of 
    this clause, or (3) both. Each such investigation and study may 
    include all pertinent matters which would assist the Congress in 
    connection with necessary remedial legislation. The committee may 
    obtain the views of all parties familiar with the subject matter 
    covered by the investigation and study. The com

[[Page 3014]]

    mittee shall report to the House (or to the Clerk of the House if 
    the House is not in session) the results of each such investigation 
    and study, together with such recommendations as the committee 
    considers advisable.''.
        Sec. 2. The Committee on Standards of Official Conduct shall 
    conduct its first investigation and study under authority of the 
    amendments made by the first section of this resolution during the 
    remainder of the Ninety-first Congress, and shall submit to the 
    House (or to the Clerk of the House if the House is not in 
    session), at the earliest practicable date prior to the close of 
    the Ninety-first Congress, a report of the results of that 
    investigation and study. Such report shall contain such 
    recommendations as the committee considers advisable, including a 
    draft of proposed legislation to carry out such recommendations.

    As debate on the measure commenced, Mr. Colmer noted that the 
resolution comprised part of the entire congressional reorganization 
effort:

        One of the facets of this reorganization program was the 
    question of amending the House rules with reference to lobbying 
    activities. This matter gave your rules committee, and particularly 
    the subcommittee, considerable concern. It was finally decided that 
    because of the depth and the complexity of the matter that the 
    appropriate place for the lobbying provision was in the Standing 
    Committee on Standards of Official Conduct.
        So, primarily, this resolution authorizes the Committee on 
    Standards of Official Conduct to make a study of this matter and 
    report back to the Congress by the end of this session. It also 
    provides that the subject of campaign contributions shall likewise 
    be studied and a report made back to this Congress by the Committee 
    on Standards of Official Conduct.

    Shortly thereafter, Mr. H. Allen Smith, of California, further 
elaborated on the position of the Committee on Rules in recommending 
the proposed jurisdictional change: (8)
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 8. 116 Cong. Rec. 23137, 91st Cong. 2d Sess.
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        There are several reasons why the Committee on Rules believes 
    that the jurisdiction over both the Federal lobby statute, as well 
    as over campaign fund raising and usage, should be vested in the 
    Committee on Standards of Official Conduct. First, in its short 
    period of existence, the committee has proven itself to be more 
    than able in discharging its present responsibilities. Second, 
    matters contained in this resolution are of a nature as to clearly 
    fall within the natural jurisdiction of that committee, and they 
    are so interrelated that divided jurisdiction over them cannot be 
    effectively discharged. Additionally, by vesting this jurisdiction 
    with the committee, the House will be giving this important matter 
    to a committee which does not have substantial duties in other 
    areas that could compete for its energies and time.

        Further, the committee has an able and adequate staff and 
    sufficient office space to assume this additional responsibility. 
    In addition, it is a bipartisan

[[Page 3015]]

    committee from the standpoint of its membership--there being six 
    Democrats and six Republicans. It also has adequate provisions to 
    maintain confidential information.
        The resolution also requires that during the remainder of the 
    91st Congress a study and investigation shall be conducted, and a 
    report containing ``such recommendations as the committee considers 
    advisable, including a draft of proposed legislation to carry out 
    such recommendations'' must be made to the House. The Committee on 
    Rules has recommended this provision because of the need to bring 
    the Federal Regulation of Lobbying Act up to date now, rather than 
    later.

    As the debate proceeded, several Members proposed questions 
regarding the jurisdiction to be accorded the Committee on Standards of 
Official Conduct pursuant to the resolution. Mr. Durward G. Hall, of 
Missouri, for one, prompted the following exchange with B. F. Sisk, of 
California, Chairman of the Committee on Rules' Subcommittee on the 
Reorganization of Congress: (9)
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 9. Id. at pp. 23137, 23138.
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        . . . Mr. Speaker,(10) I would like to ask the 
    gentleman about the language on page 2 of House Resolution 1031, 
    beginning about on line 7, where it says the Committee on Standards 
    of Official Conduct is delegated authority:
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10. Hale Boggs (La.), Speaker pro tempore.
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            To conduct investigations and studies, from time to time, 
        of the laws, rules, regulations, procedures, practices, and 
        activities pertaining to (1) lobbying activities as described 
        in subparagraphs (1) and (2) of paragraph (c) of this clause, 
        or

        Mr. Speaker, in the gentleman's opinion does that also apply to 
    and permit such studies and investigations--by which I presume the 
    committee means surveillance and review and oversight--of executive 
    agencies that might be lobbying the legislative branch? To point 
    this up, I have an old telegram in my hand here from a certain 
    department, which is not only a threat that unless Congress acts 
    certain things will happen; but it also states that the executive 
    branch will make certain recommendations to do or not to do certain 
    things to the interest of our constituents, if Congress does not 
    act within such a time in a certain and allegedly proper way.
        This is, of course, a telegram paid for at the taxpayers' 
    expense in direct violation of existing law. I, for one, would 
    certainly hope it would be in the purview of this new committee 
    under this resolution, and that the gentleman would so indicate at 
    this time, in order to preclude such lobbying activities of the 
    legislative branch by the executive.
        Is that the gentleman's interpretation of the intent?
        Mr. Sisk: Let me thank my colleague from Missouri very much for 
    the statement he has made. I join him in his concern about some of 
    the activities which he has discussed.
        It is my understanding that his statement is correct, that the 
    language is sufficiently broad here to permit the Committee on 
    Standards of Official Conduct to make a study and to look into that 
    phase of it and to make legis

[[Page 3016]]

    lative recommendations as to handling that part of what we might 
    call the executive lobbying, along with all other kinds and types 
    of lobbying.
        My answer would be ``yes,'' emphatically it would be my 
    understanding that is the intent of the language herein contained.

    Shortly thereafter, Mr. Samuel N. Friedel, of Maryland, expressed 
his reservations that House Resolution 103 would encroach upon the 
jurisdiction of the Committee on House Administration which committee 
he chaired:

        Under rule XI, section 9(k) relating to the jurisdiction of the 
    Committee on House Administration the rule (11) reads:
---------------------------------------------------------------------------
11. See Rule XI clause 9(k), House Rules and Manual Sec. 693 (1973).
---------------------------------------------------------------------------

            Measures relating to the election of the President, Vice 
        President, or Members of Congress; corrupt practices; contested 
        elections; credentials and qualifications; and Federal 
        elections generally.

        I believe the proposal, so far as the lobby is concerned, might 
    be in order, but I believe the rest is usurping the jurisdiction of 
    the Committee on House Administration. We have a bill right now 
    before our committee relating to elections, campaign contributions 
    and expenditures and the reporting thereof. We have had hearings on 
    this subject. We intend to pursue it all the way through. We are 
    pursuing this under our assigned authority concerned with corrupt 
    practices of which contributions and expenditures are a part.
        Obviously the purpose of this resolution would encroach upon 
    the jurisdiction of the Committee on House Administration.
        Mr. Sisk: If the gentleman will permit me to comment, of 
    course, it was certainly not the intention of the Committee on 
    Rules, or of the subcommittee, to invade in any sense the 
    jurisdiction of the Committee on House Administration. As we 
    interpret the rule which the gentleman read, which I have before 
    me, there would be no jurisdictional question, at least in our 
    opinion.
        As the gentleman knows, the committee does have jurisdiction 
    over contested elections and over matters which arise therefrom, 
    and has a subcommittee which looks into these matters.

        Mr. Friedel: And also contributions and disbursements which are 
    within the Corrupt Practices Act.

    The discussion between Mr. Sisk and Mr. Friedel on this point 
continued with Mr. Sisk observing that:

        . . . It is not the intent of the subcommittee nor of the 
    Committee on Rules, as I understand it . . . to turn over to the 
    Committee on Standards of Official Conduct the matter of contested 
    elections or the matter of dealing specifically with elections of 
    the President and Vice President, et cetera, as listed here under 
    subsection (k). . . .
        On the other hand, it was the decision of the committee to turn 
    over to them the lobbying. The question then arose as to campaign 
    expenditures and possible ramifications, as would be of concern to 
    the American public as well as Members of Congress, as it might

[[Page 3017]]

    tie to lobbying activities. It was felt that these two items should 
    go together. . . .
        Again, as I say, there is no intent to invade or step on the 
    toes of our good friends on the Committee on House Administration.

    Mr. Friedel responded by suggesting that those provisions of the 
resolution which pertained to campaign contributions be struck from the 
measure ``because we have a reform bill before our [the Committee on 
House Administration's sub-] committee on Federal elections involving 
specifically the matters of contributions and expenditures, which was 
referred to our committee under the rules of the House.''
    Mr. Sisk replied, that:

        . . . [A]ll this resolution before us does is to call for the 
    Committee on Standards of Official Conduct to make a study, to make 
    an investigation of the subjects of lobbying and campaign 
    expenditures, and to report back to the House.

    He additionally stated ``. . . [I]f in their [the Committee on 
Standards of Official Conduct] recommendations they find that there 
might be a need for some changes in connection with campaign 
expenditures, that could very well be acted on legislatively by the 
gentleman's [Mr. Friedel] committee [the Committee on House 
Administration] either accepting or rejecting the recommendations.''
    At this juncture, Mr. John H. Kyl, of Iowa, a member of the 
Committee on House Administration, also expressed concern as to whether 
the passage of House Resolution 1031 might result in a duplication of 
jurisdictional authority. Mr. Kyl pointed out that before the Committee 
on Standards of Official Conduct could proceed with any investigation, 
the funds to be used would have to be approved by the Committee on 
House Administration. The latter committee, he added, maintained a firm 
policy of not providing funds for ``any investigation which is a 
duplication of another committee's investigation.'' Continuing the 
discussion on this point, Mr. Kyl prompted the following exchange: 
(12)
---------------------------------------------------------------------------
12. Id. at pp. 23139, 23140.
---------------------------------------------------------------------------

        Mr. Kyl: The point I am trying to make is unless this bill also 
    removes authority from the House Administration Committee, then the 
    House Administration Committee can in every instance deny funds for 
    investigation, because the Committee on House Administration itself 
    is, under the rules, given authority to cover exactly the same 
    subject material.
        Mr. Smith of California: Will the gentleman yield?
        Mr. Sisk: Yes. I yield to the gentleman.

[[Page 3018]]

        Mr. Smith of California: Let us talk about what we are 
    discussing here for a minute. Let us read section (k) of the rule 
    we are referring to, rule 9:

            Measures relating to the election of the President, Vice 
        President, or Members of Congress; corrupt practices; contested 
        elections; credentials and qualifications; and Federal 
        elections generally.

        Let us read what this resolution does. This says:

            Measures relating to the raising, reporting, and use of 
        campaign contributions for candidates.

        It has to do with raising money and funds and giving effective 
    authority to investigate if they are contested. We are not changing 
    your authority at all. You are left in the same position. When we 
    change the rules and give the authority, they will have to get some 
    money to operate.
        Mr. Kyl: Will the gentleman yield further?
        Mr. Sisk: I am glad to yield to the gentleman.
        Mr. Kyl: I would say to the other gentleman from California 
    that again I am not in contention with his desire. What I am trying 
    to indicate is unless your piece of legislation, your resolution, 
    does remove from the House Administration Committee certain 
    authority which it now has under the rules, they could effectively 
    block every anticipated effort of the Ethics Committee.
        Mr. Smith of California: I do not think so. That is not the way 
    I read it. I do not think that committee would do it. The 
    jurisdiction is clear. It is a changing of the rules of the House.
        Mr. Sisk: Let me make clear--
        Mr. Friedel: Mr. Speaker, will the gentleman yield?
        Mr. Sisk: Yes, I yield to the gentleman from Maryland.
        Mr. Friedel: This resolution embodies what the Committee on 
    House Administration is doing at the present time. They are 
    investigating these very matters. Of course, you can bring in 
    legislation to correct and reform things that are wrong. However, 
    we are doing it right now. It is a part of our basic jurisdiction 
    under the rules of the House, Rule XI, section 9(k) wherein 
    ``corrupt practices'' is spelled out, and campaign contributions 
    and expenditures, and the reporting thereof constitute an important 
    segment of the Corrupt Practices Act.

    In the course of the remaining discussion, no other jurisdictional 
issues were addressed. House Resolution 1031 was agreed to, 
unanimously, on a roll call vote.(13)
---------------------------------------------------------------------------
13. Id. at p. 23140.
---------------------------------------------------------------------------

    Parliamentarian's Note: Notwithstanding the passage of House 
Resolution 1031, the Committee on House Administration retains 
jurisdiction under the rules (1) over ``corrupt practices'' 
and ``Federal elections generally.''
---------------------------------------------------------------------------
 1. See Rule X clause 1(j)(11), House Rules and Manual Sec. 679 (1979).
---------------------------------------------------------------------------

Roll Call Irregularities

Sec. 49.2 The Committee on Standards of Official Conduct informed the 
    Speaker of its inquiry into roll call

[[Page 3019]]

    irregularities, and of its recommendation for an improved recording 
    system in the House.

    On June 19, 1969,(2) Speaker John W. McCormack, of 
Massachusetts, laid before the House the following communication from 
Chairman Charles M. Price, of Illinois, and ranking minority member 
Leslie C. Arends, of Illinois, of the Committee on Standards of 
Official Conduct which was read and referred to the Committee on House 
Administration:
---------------------------------------------------------------------------
 2. 115 Cong. Rec. 16629, 91st Cong. 1st Sess.
---------------------------------------------------------------------------

        Dear Mr. Speaker: On September 27, 1968 you referred to this 
    Committee a letter from the Clerk of the House of Representatives 
    reporting on his investigation of recording irregularities in roll 
    calls taken on September 9, 10, and 16, 1968. You stated, ``It 
    seems to me that the allegations set forth in the Clerk's (the 
    Clerk of the House) letter are matters that may come within the 
    jurisdiction of the Committee on Standards of Official Conduct.'' 
    The Committee interpreted this referral as a request for it to move 
    on its own initiative as provided in the Rules of the House. 
    Accordingly on October 1, 1968, the Committee directed its staff to 
    inquire into these irregularities.
        The first phase of the inquiry sought to fix the responsibility 
    for the specific irregularities referred to in the letter from the 
    Clerk of the House. In pursuing this, the need became apparent for 
    an examination of roll call mechanics in general. The Committee now 
    has drawn certain conclusions with respect to the specific 
    irregularities but feels that until the institution of improved 
    recording procedures, which it previously has recommended, it 
    should continue to observe the working of the present system.
        With respect to the responsibility for the irregularities 
    referred, the Committee was satisfied that the Clerk of the House 
    accurately reported the information he received. But, after deeper 
    scrutiny of all facets of the situation, the Committee became 
    convinced that the tally clerk's explanation, that he had made the 
    specific erroneous entries ``at the request of'' another employee 
    was not accurate. The Committee verified that the errors did, in 
    fact, occur, but the most probable explanation is that the tally 
    clerk's response to the Clerk of the House was an instinctively 
    defensive reaction stemming from the complete state of exhaustion 
    which he was experiencing at the time.

        In the Committee's belief, several factors contributed to this 
    condition in the tally clerk. At a point when legislative activity 
    in the House was unusually high and with his assistant physically 
    incapacitated and off the job, the tally clerk assumed the full 
    burden of both positions. In the Committee's opinion, this burden 
    was beyond his physical capacity to perform with accuracy, and led 
    to impairment of his efficiency, culminating in the errors referred 
    to as well as several others which were disclosed at about that 
    time.
        The Committee therefore reaffirms its earlier interim finding 
    that neither the Member nor employees named in

[[Page 3020]]

    the original referral, nor any names subsequently disclosed, were 
    parties to any complicity in these errors.
        It may be argued that the tally clerk should have sought 
    assistance during this period. Undoubtedly he would have done so 
    had he recognized the effect the increasing work load was producing 
    in his performance.
        Addressing the larger matter of the entire system of tallying, 
    the Committee has made what it feels is the most detailed analysis 
    of the subject ever undertaken and has arrived at numerous 
    statistical conclusions. All of these support the conviction that 
    an unacceptably small percentage of the random error inherent in 
    the present system is subsequently corrected by the Members. While 
    these errors have had absolutely no effect on legislative results, 
    they should be eliminated to the greatest extent possible. Early 
    indications are that there has been some improvement in the 91st 
    Congress to date in the correction of errors but not enough to 
    obviate the need for a modernized system of roll call recording.
        In view of the foregoing, the Committee renews its earlier 
    recommendation for installation of a modernized voting system at 
    the earliest possible date.