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III. Violations of Ethical Standards
Violations of ethical standards may lead to various penalties. The U.S. Constitution authorizes each House of Congress to punish its Members for disorderly behavior and, with the concurrence of two thirds, to expel a Member.[6] The House may also punish a Member by censure, reprimand, condemnation, reduction of seniority, fine, or other sanction determined to be appropriate.[7]
[6] U.S. Const., art. I, § 5, cl. 2.
[7] See generally Joint Comm. on Congressional Operations, House of Representatives Exclusion, Censure, and Expulsion Cases from 1789 to 1973, 93d Cong., 1st Sess. (Comm. Print 1973); Committee Rule 24(e).
A House rule specifically authorizes the Standards Committee to enforce standards of conduct for Members, officers, and employees; to investigate alleged violations of any law, rule, or regulation pertaining to official conduct; and to make recommendations to the House for further action.[8] Committee rules reflect the Committee’s authority to issue letters of reproval and to take other administrative action.[9] House rules further provide that either with approval of the House or by an affirmative vote of two-thirds of its Members, the Committee may report substantial evidence of violation by a Member, officer, or employee to the appropriate federal or state authorities.[10]
[8] See House Rule 10, cl. 1(q); House Rule 11, cl. 3.
[9] See Comm. Rule 24(d) and (e)(6).
[10] See House Rule 11, cl. 3(a)(3); Committee Rule 28. See also 5 U.S.C. app. 4 § 104(b), authorizing the Committee to refer to the Attorney General – without seeking approval of the House – individuals who have willfully failed to file or falsified information required to be reported on Financial Disclosure Statements.
Some standards of conduct derive from criminal law. Violations of these standards may lead to a fine or imprisonment, or both. In some instances, such as conversion of government funds or property to one’s own use or false claims concerning expenses or allowances, the Department of Justice may seek restitution.
Among the sanctions that the Committee may recommend be imposed upon a Member in a disciplinary matter is the “[d]enial or limitation of any right, power, privilege, or immunity of the Member if under the Constitution the House may impose such denial or limitation.”[11] The Committee may also recommend sanctions be imposed by the House against an officer or employee of the House. Such sanctions could include dismissal from employment, reprimand, fine, or other appropriate sanction.[12]
[11]See Comm. Rule 24(e)(5).
[12] See Comm. Rule 24(f).
Charges of unethical conduct can be evaluated only on a case-by-case basis. As the Committee has noted, “it was for the very purpose of evaluating particular situations against existing standards, and of weeding out baseless charges from legitimate ones, that this committee was created.”[13]
[13] House Comm. on Standards of Official Conduct, In the Matter of a Complaint Against Representative Robert L.F. Sikes, H. Rep. 94‑1364, 94th Cong., 2d Sess. 8 (1976).
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