Ask the Scholar
Document scope · 1 page
Scholar
Ask about this object, its catalog metadata, its source description, or the page inventory.
For page-specific OCR and visual context, open one of the page chats.
Source Description
This file contains background material. These are handwritten notes of Becker and Ford.
Scholar Source Context
Document identity
localId
1126637
label
Ford, Gerald R. - Vice Presidential Confirmation - General (1)
core
doc
dtoType
document
citationUrl
pageCount
1
Source metadata
id
1126637
sourceUrl
contentType
document
title
Ford, Gerald R. - Vice Presidential Confirmation - General (1)
description
This file contains background material. These are handwritten notes of Becker and Ford.
citationUrl
collections
Benton L. Becker Papers
General Subject Files
subjects
Campaign funds
Congressional elections
Governmental investigations
Presidential appointments
Vice-Presidents
iiifBase
thumbnailUrl
largeImageUrl
imageCount
1
hasImages
yes
source
import
hasTranscription
no
Source extras
naId
1126637
coverageEndDate
logicalDate
1973-11-30
month
11
year
1973
coverageStartDate
logicalDate
1967-10-01
month
10
year
1967
levelOfDescription
fileUnit
recordType
description
ocrSource
nara-archive
Single page context
seq
1
pageIndex
0
type
document
url
mediaId
786c07d409dc9e4e
ocrText
The original documents are located in Box 1, folder "Ford, Gerald R. - Vice Presidential
Confirmation - General (1)" of the Benton L. Becker Papers at the Gerald R. Ford
Presidential Library.
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. Benton Becker donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
remain with them. If you think any of the information displayed in the PDF is subject to a valid
copyright claim, please contact the Gerald R. Ford Presidential Library.
[Suspnese]
Boland"
(WEGE, Peter M.)
re: Canadian time
October 12, 1967
Mr. Peter M. Wege
450 Old Kent Bank Buildang
Grand Rapids, Michigan 49502
Dear Pete,
I have your letter of October 11 concerning David Boland's timber
case.
Dave has written me about the decision and I have asked the Department
of State to investigate the matter and to supply us with its recommen-
dations for further action.
As soon as I have this information from the Department I will be in
touch with Dave.
Warmest personal regards.
Sincerely,
Gerald R. Ford, MC.
GRF:rm
GERALD R FORD
Digitized from Box 1 of the Benton Becker Papers at the Gerald R. Ford Presidential Library
House Calendar No. 203
90th Congress, 2d Session
-
-
-
-
-
House Report No. 1176
Sup17
REPORT
OF THE
COMMITTEE ON STANDARDS
OF OFFICIAL CONDUCT
OF THE
HOUSE OF REPRESENTATIVES
NINETIETH CONGRESS
SECOND SESSION
UNDER THE AUTHORITY OF H. RES. 418
MARCH 14, 1968.-Referred to the House Calendar ORD
and ordered to be printed
U.S. GOVERNMENT PRINTING OFFICE
GERALD
LIBRAHY
91-318 0
WASHINGTON : 1968
тяочня
SET
TO
LETTER OF SUBMITTAL
гаялаиате HETTIMMOD
MARCH 14, 1968.
COMMITTEE ON STANDARDS OF OFFICIAL CONDUCT
Hon. JOHN W. McCormack,
(Pursuant to H. Res. 418, 90th Cong., first sess.)
Speaker of the House,
House of Representatives,
MELVIN PRICE, Illinois, Chairman
OLIN E. TEAGUE, Texas
CHARLES A. HALLECK, Indiana
Washington, D.C.
JOE L. EVINS, Tennessee
LESLIE C. ARENDS, Illinois
DEAR MR. SPEAKER: I have the honor of submitting herewith the
WATKINS M. ABBITT, Virginia
JACKSON E. BETTS, Ohio
report of the Committee on Standards of Official Conduct in response
WAYNE N. ASPINALL, Colorado
ROBERT T. STAFFORD, Vermont
EDNA F. KELLY, New York
JAMES H. QUILLEN, Tennessee
to House Resolution 418, adopted April 13, 1967.
LAWRENCE G. WILLIAMS, Pennsylvania
This resolution established this bipartisan committee with a direc-
JOHN M. SWANNER, Staff Director
tive to "recommend as soon as practicable to the House of Repre-
BENNETT WOLFE, Assistant Staff Director
sentatives such changes in laws, rules, and regulations as the committee
Hon. BROOKS Hays, Special Consultant
deems necessary to establish and enforce standards of official conduct
(II)
for Members, officers, and employees of the House."
Pursuant thereto, the committee transmits its report, with recom-
mendations.
With highest regards,
Sincerely,
Meloin Price
M.C.
MELVIN PRICE, Chairman.
(III)
REPORT
Laisino abtabnat8 no дазаўтq
E19770 to guibnete insnammeg B as toubaoO
besoqorq toubnoo to abzabnađa эотова of
:dirol 08 bas ettig emooai ฿819888 to oildu9
TO SITTEI
obsen ed bluoo doidw beliatab 01001 lo gailà oteving
goitagijaevni 08 to Jueve oi oilding
twode grind 03 JOA accident letebeH edit 10 uoitssinseboM
8881 M нолаМ
The CONTENTS to
COMMITTEE
stangst box about
(Pursaent
N.
The
Came
to
changes
in
decreds
X
grit
to
Part I:nel odt), toubnoO to 16 Page
1. Introduction
1
TEAGUE
Texas
2. Background
to 10001 яМ HAGG
3. Assessing the task
all
1
2
w 10 adj to Proqor
Part II: The recommendations
7
,81 IngA 8TD saooH of
Part III: Comment on the recommendations
12
bonib MSW masitraqid hodeildares sid?
Part IV: Conclusion
28
Appendix
29
to SEUOH adt of 88 ,MORE en hasmmoner" of evit
1. House Resolution 418, 90th Congress, first session
29
odi 88 dous
2.
House
Resolution
to implement the recommendations of this
Jonbnoo Inicillo lo abrabente scablem ban of amoob
report
30
earoH ods to agevolqme bna erecitto 201
3. Short history of rules of conduct enforcement in the House of Repre-
odd
sentatives
34
-1110001 daiw ,JTOQOT BJJ etimant add otoreda
4. Constitutional and statutory provisions and Rules of the House
agoitabnem
to
governing the conduct and activities of Members of Congress
36
seadyid driW
5. Task organisation chart
44
Viersonia
toodib as (v)
авэтупо stoled
той guitirw scrol on tqesoA &
TO noitasinagto позтод TUB moth edividor melimis Torido TO
thin Relaw to vit
be on the
Labiur? Intosreq university any
to at sens teneared or regisiquino
eldentriev tot also
most The enoludh 1000
done 12
TO aronob we ssnewba evig fon ob and
sondwork estra orlends mod эпо or 8
sovidari
the House of LILKO only Di
response DO clearly demonstrated and gensine concern.
there M history of this and prior
to that indicated in the following Fugures the rebulation
nal in this area and
of the of commi
HIGHLIGHTS OF RECOMMENDATIONS
REPORT OF THE COMMITTEE ON STANDARDS OF OFFICIAL
Establishment of the present Committee on Standards of Official
CONDUCT OF THE HOUSE OF REPRESENTATIVES, 90TH
Conduct as a permanent standing committee of the House with powers
CONGRESS, SECOND SESSION
to enforce standards of conduct hereinafter proposed.
Public disclosure of certain assets, income, gifts, and so forth;
private filing of more detailed information which could be made
PART I
public in event of an investigation.
INTRODUCTION
Modernization of the Federal Corrupt Practices Act to bring about
stricter management of political finances.
The House created this committee on April 13, 1967, with instruc-
Clearer guidelines for use of so-called counterpart funds and report-
tions "to recommend as soon as practicable to the House of Repre-
ing of expenditures thereof.
sentatives such changes in laws, rules, and regulations as the committee
Adoption of the following Code of Official Conduct (the language
deems necessary to establish and enforce standards of official conduct
in this presentation is condensed for the sake of brevity):
for Members, officers, and employees of the House."
Members, officers, and employees of the House of Representatives
The authorizing resolution provided for a bipartisan committee of
shall-
12 members, and on May 1, 1967, six members of the Democratic
1. Conduct themselves at all times in a manner which shall
majority and six from the Republican minority were chosen to con-
reflect creditably on the House.
stitute the committee, thus signifying that the assignment would be
2. Adhere to the spirit and the letter of the Rules of the House
carried out without partisanship.
and to the rules of duly constituted committees thereof.
In this spirit and mindful of the fact that matters of ethical conduct
3. Receive no compensation nor permit any to accrue to their
are not subject to the justifiable differences of opinion that characterize
beneficial interest, the receipt of which would occur by virtue
public policy questions, the committee undertook its task.
of influence improperly exerted from their positions in the
The committee believes that its performance has been responsive
Congress.
to both the letter and the spirit of its assignment and respectfully
4. Accept no gifts of substantial value from any person, orga-
submits this report with the recommendation that the House take
nization, or corporation having a direct interest in legislation
appropriate action to implement the proposals contained therein.
before the Congress.
5. Accept no honorarium for a speech, writing for publication,
BACKGROUND
or other similar activity, from any person, organization, or
corporation in excess of the usual and customary value for
For much of the history of this country the question of restraints
such services.
that might properly be placed on the legislative role has occupied
6. Keep campaign funds separate from personal funds. No
scholars of self-government systems. In the most ideal sense any
campaign funds shall be converted to personal use in excess of
limitation on the representative role is unthinkable for it is at the same
reimbursement for legitimate and verifiable prior campaign
time a limitation on the constituent. But the private citizen also
expenditures.
evidences that he recognizes his representation as not absolute and
7. Treat as campaign contributions all proceeds from testi-
requires in the interest of orderly processes in his Government that
monial or other fundraising events if the sponsors of such affairs
certain standards be met by his representative in Congress. These
do not give clear notice in advance to the donors or participants
requirements find expression in the Constitution, the statutes and
that the proceeds are intended for other purposes.
rules of legislative bodies, and, as in other human institutions, they
8. Retain no one from their clerk-hire allowance who does not
need revision with changing conditions.
perform duties commensurate with the compensation he receives.
But revision in the rules of institutions of such proven durability
(VI)
as the House of Representatives properly should take place only in
response to clearly demonstrated need and genuine public concern.
Although there is some history of this need and concern even prior
to that indicated in the following figures, the tabulation reflects the
growing demand for congressional action in this area and offers ample
evidence of the appropriateness of this committee's assignment.
(1)
2
3
The tabulation shows the number of proposals relating to standards
As may be seen from the organizational chart in the appendix, various
of official conduct which have been introduced in recent Congresses:
sources were called upon.
The committee issued a large number of invitations seeking testi-
Congress
House
Senate
Total
mony or submission of statements for its consideration. These were
directed to major national organizations in the fields of industry, labor,
85th
12
8
20
the professions, politics, and the news media, as well as to prominent
86th
10
7
17
87th
10
4
14
figures in law and political science, special groups working on similar
88th
63
5
68
89th
72
9
81
or identical projects, and through the press to the general public. The
90th
(1st sess.)
169
10
179
contributions from those who responded were invaluable to the com-
Total
336
43
379
mittee. But the great majority of the invitations was declined or
ignored.
Simultaneously the committee issued invitations, through a speech
In the last 3 years several events of national interest involving
in the House by the chairman and through individually addressed
Members and employees of the Congress have focused much attention
letters to all Members of the House. In response, 30 Members testified
on the question of congressional ethics. This is not to say there was
before the committee and 24 others submitted statements. The com-
not already a formal code of ethics, as well as the rules of both bodies
and certain statutes applicable to the conduct of the Members of
mittee held seven public hearings, the printed record of which is
available.
the Congress; but the absence of a well-organized framework providing
Additionally, studies were made of standards of conduct in force
some cohesiveness around these proscriptions made it difficult to view
in other nations, States of the Union and U.S. cities; the work of the
the sum of them in perspective.
pfior Select Committee on Standards and Conduct was reviewed; and
The Senate on July 24, 1964, adopted a resolution (S. Res. 338,
88th Cong.) creating a Select Committee on Standards and Conduct,
prior legislation introduced on the topic was studied, to provide broadly
based source material.
empowering it to "receive complaints and investigate allegations of
After having received the testimony and assessing other material, it
improper conduct which may reflect upon the Senate, violations of
became clear the committee had to accept several premises.
law, and violations of rules and regulations of the Senate, relating to
One was that the committee could not permit itself to think of
the conduct of individuals in the performance of their duties as
standards of conduct for the legislative branch in precise comparison
Members of the Senate, or as officers or employees of the Senate,
with standards for other governmental entities. The primary difference
and to make appropriate findings of fact and conclusions with respect
was noted numerous times in the testimony received by the commit-
thereto. * * The Senate select committee was instructed also to
make recommendations for establishment of a code of ethics for
tee-namely, that the legislative branch regularly submits itself to
the electorate.
dealing with related matters.
Another premise was the far more profound political reality that the
The House on October 19, 1966, established a select committee
Representative in Congress is the extended voice of the constituent,
(H. Res. 1013, 89th Cong.) of 12 Members with a directive to make
and, therefore, any undue restriction placed upon him is repugnant to
recommendations for additional rules and regulations * * necessary
elemental self-government. It is only in the sense that the Represent-
or desirable to insure proper standards of conduct by Members of the
ative is an element within a singularly operating body, and as such
House and by officers or employees of the House, in the performance
contributes or fails to contribute to its performance, that he should be
of their duties and the discharge of their responsibilities * The
subjected to any proscriptions for the greater benefit of the functioning
select committee, existing as it did for only a few months at the end
House. The recommendations set forth here are aimed toward avoid-
of the 89th Congress, submitted a report (No. 2338, 89th Cong.) of
ance of any semblance of restraint on the proper role of the Repre-
considerable merit, but obviously, in such a short time, the report
sentative as the alter ego of the people he represents.
could not reach to great depth in all the questions that seemed to
The committee noted, too, that the framers of the Constitution,
demand attention.
while displaying great insight in all the areas with which they dealt,
After the opening of the 90th Congress, a number of resolutions
made no provision for an institutionalized means of enforcing the
aimed at the same general objectives were introduced. More than 100
limitations which they imposed on members of the legislative branch.
such resolutions were referred to the Committee on Rules which, after
The presumption must be, not that the Founding Fathers carelessly
hearings and extensive consideration, reported out House Resolution
overlooked making any such provision, but rather that some factors
418.
are now presènt that were not present when the Constitution was
The resolution was adopted 400 to 0 by the House on April 13, 1967.
adopted.
Perhaps one such factor is the dramatic increase in the apportion-
ASSESSING THE TASK
ment of population per Member, particularly since 1910 when the
The committee's first step was to organize and more precisely define
House was increased to its present total of 435 Members. This
its assignment. The importance of certain sources of input into the
development is noted, not because of any direct bearing on congres-
committee's deliberations was apparent from the outset and, equally
sional ethics, but simply to help bring into perspective the problems
important, the committee felt, was that all viewpoints should be heard.
of a Member in communicating effectively with ever increasing
numbers of constituents.
91-318 0-68-2
4
5
As the committee work progressed and it began deliberations on
200'
specific questions of conduct, other considerations were indicated
There are, of course, some questions of ethical conduct which do
1999
not yield to categorical judgments, and the committee does not insist
that this report contains the last word of conscience or wisdom. It
1989
might even be said that one clear value of the study and of House
consideration of the committee's proposals is the sparking of a dialog
1979
across the country on the basic questions of conduct, not only of
Representatives in Congress but of all who occupy places of responsi-
bility in government service.
1969
Men, equally conscientious, sometimes take opposite views of
particular questions of conduct. Nevertheless, the committee is
1959
unanimous in the conviction that some questions do not yield to
Apportionment Population
individual opinions-they are rigid and immutable. The language of
1949
an ancient proponent of rectitude in the public service, Cicero, states
Per Representative
the point in eloquent terms:
1939
True law is right reason in agreement with nature ***
unchanging and everlasting * * We cannot be freed
1929
from its obligations by senate or people, and we need not
look outside ourselves for an expounder or interpreter of it.
1919
And there will not be different laws at Rome and at Athens,
or different laws now and in the future, but one eternal and
1909
unchangeable law will be valid for all nations and all
times
*
*
1899
The committee does not regard its recommendations, hereinafter
set forth, as completing its task. While the concise code, as recom-
1889
mended, is based upon abstract principles of public morality and
Members
will doubtless be little affected by changed conditions, even that
1879
enumeration of principles may in time be improved upon.
It is the conviction of your committee that the record of the Con-
1869
gress, over a period of almost two centuries, is by and large an excellent
one and that, in spite of the rare departures from rectitude, the main-
APPORTIONMENT OF MEMBERSHIP
IN HOUSE OF REPRESENTATIVES
1859
tenance of ideals of political and personal integrity has been a matter
of genuine concern to the overwhelming majority of our national
1849
legislators.
In the few months of its existence, the committee has made a
1839
determined effort to proceed with all practicable speed in the per-
1789 TO 2009 (Projected)
formance of its difficult and delicate assignment. But the committee
1829
felt the thoroughness of its studies and the soundness of its recom-
mendations should not be impaired by any effort to rush its report
to the House.
1819
The committee emphasizes that it regards its proposals not as the
1809
full answer to the maintenance of ethical standards of conduct but as
a meaningful beginning. The committee contemplates that the
1799
proposed code of standards, if adopted, will be subject to revision and
refinement as experience and developments indicate. The provisions
recommended herein for the disclosure of certain financial details
Apportionment
Per Representative
Members
1789
450
400
350
750
650
600
550
450
300 300
250
200
150
100
50
0
may prove in practice not as workable as they do in the hypothetical.
(Thousands)
These, too, may need modification as experience dictates.
700
500
400
350
250
200
150
100
50
0
The committee acknowledges with appreciation the help offered by
other Members of the House and the outside witnesses who accepted
invitations to testify. And a special vote of thanks is due, the com-
6
mittee feels, to a predecessor committee, the Select Committee on
Standards and Conduct, of which Representative Charles E. Bennett,
of Florida, served as chairman, for the spadework it did during its
short-lived tenure in the second session of the 89th Congress.
PART
II
to
to
SUMMARY OF RECOMMENDATIONS
to
to
The following is a summary of the recommendations contained
to awaiv stisoqqo
in this report. The rationale leading up to each specific recommenda-
tion is discussed in the third part.
3
to
RECOMMENDATION NO. I-PERMANENT COMMITTEE
Amendment of the Rules of the House to incorporate this com-
mittee as a permanent standing committee of the House of
Representatives.
SW
RECOMMENDATION NO. II.-POWERS AND LIMITATIONS OF THE
COMMITTEE
at
Investment of the following powers in the committee:
1. To have referred to it measures relating to the code of
official conduct and measures relating to financial dísclosure
for Members, officers, and employees of the House of
Representatives.
to
2. To recommend to the House of Representatives, from time
to time, such legislative or administrative actions as the com-
mittee may deem appropriate to establish or enforce standards
of official conduct for Members, officers, and employees of the
House of Representatives.
3. To investigate, subject to limitations, any alleged violation,
by a Member, officer, or employee of the House of Representa-
tives, of the code of official conduct or of any law, rule, regula-
tion, 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, the committee shall recommend to the House of
Representatives, by resolution or otherwise, such action as the
committee may deem appropriate in the circumstances.
4. To report, to the appropriate Federal or State authorities,
with the approval of the House of Representatives, any sub-
stantial 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.
5. 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 con-
cerned, to publish such opinion for the guidance of other Mem-
bers, officers, and employees.
(7)
8
9
Establishment of the following limitations on the committee's
5. A Member, officer, or employee of the House of Represent-
authority:
atives shall accept no honorarium for a speech, writing for pub-
1. No resolution, report, recommendation, or advisory opinion
lication, or other similar activity, from any person, organization
relating to the official conduct of a Member, officer, or employee
or corporation in excess of the usual and customary value for such
of the House of Representatives shall be made, and no investiga-
services.
tion of such conduct shall be undertaken, unless approved by the
6. A Member of the House of Representatives shall keep his
affirmative vote of not less than seven members of the committee.
campaign funds separate from his personal funds. He shall con-
2. Except in the case of an investigation undertaken by the
vert no campaign funds to personal use in excess of reimburse-
committee on its own initiative, the committee may undertake
ment for legitimate and verifiable prior campaign expenditures. He
an investigation relating to the official conduct of an individual
shall expend no funds from his campaign account not attributable
Member, officer, or employee of the House of Representatives
to bona fide campaign purposes.
only (A) upon receipt of a complaint, in writing and under oath,
7. A Member of the House of Representatives shall treat as
made by or submitted to a Member of the House of Representa-
campaign contributions all proceeds from testimonial dinners or
tives and transmitted to the committee by such Member, or (B)
other fund-raising events if the sponsors of such affairs do not give
upon receipt of a complaint, in writing and under oath, directly
clear notice in advance to the donors or participants that the
from an individual not a Member of the House of Representa-
proceeds are intended for other purposes.
tives if the committee finds that such complaint has been sub-
8. A Member of the House of Representatives shall retain no
mitted by such individual to not less than three Members of the
one from his clerk hire allowance who does not perform duties
House of Representatives who have refused, in writing, to trans-
commensurate with the compensation he receives.
mit such complaint to the committee.
3. No investigation shall be undertaken of any alleged violation
RECOMMENDATION IV.-FINANCIAL DISCLOSURE
of a law, rule, regulation, or standard of conduct not in effect at
the time of the alleged violation.
Amendment of the rules of the House to require that Members,
4. A member of the committee shall be ineligible to participate,
officers, principal assistants to Members and officers, and professional
as a member of the committee, in any committee proceeding
staff members of committees shall, not later than April 30, 1969, and
relating to his official conduct. In any case in which a member
by April 30 of each year thereafter, file with the Committee on Stand-
of the committee is ineligible to act as a member of the com-
ards of Official Conduct a report disclosing certain financial interests,
mittee under the preceding sentence, the Speaker of the House
as described below. The interest of a spouse or any other party, if
of Representatives shall designate a Member of the House of
constructively controlled by the person reporting, shall be considered to
Representatives from the same political party as the ineligible
be the same as the interest of the person reporting. The report shall be
member of the committee to act as a member of the committee
in two parts, hereinafter designated part A and part B.
in any committee proceeding relating to the official conduct of
such ineligible member.
Part A
RECOMMENDATION NO. III.CODE OF OFFICIAL CONDUCT
(1) List the name, instrument of ownership, and any position
of management held in any business entity doing a substantial
Amendment of the Rules of the House to establish this code of
business with the Federal Government or subject to Federal
official conduct for Members, officers, and employees of the House of
regulatory agencies, in which the ownership is in excess of $5,000
Representatives:
fair market value as of the date of filing or from which income of
1. A Member, officer, or employee of the House of Represent-
$1,000 or more was derived during the preceding calendar year.
atives shall conduct himself at all times in a manner which
Do not list any time or demand deposit in a financial institution,
shall reflect creditably on the House of Representatives.
or any debt instrument having a fixed yield unless it is convertible
2. A Member, officer, or employee of the House of Represent-
to an equity instrument.
atives shall adhere to the spirit and the letter of the Rules of
(2) List the name, address, and type of practice of any profes-
the House and to the rules of duly constituted committees
sional organization in which the person reporting, or his spouse, is
thereof.
an officer, director, or partner, or serves in any advisory capacity,
3. A Member, officer, or employee of the House of Represent-
from which income of $1,000 or more was derived during the
atives shall receive no compensation nor shall he permit any
preceding calendar year.
compensation to accrue to his beneficial interest from any source,
(3) List the source of each of the following items received
the receipt of which would occur by virtue of influence improperly
during the preceding calendar year:
exerted from his position in the Congress.
(a) Any income for services rendered (other than from the
4. A Member, officer, or employee of the House of Represent-
U.S. Government) exceeding $5,000.
atives shall accept no gift of substantial value, directly or in-
(b) Any capital gain from a single source exceeding $5,000,
directly, from any person, organization or corporation having a
other than from the sale of a residence occupied by the
direct interest in legislation before the Congress.
person reporting.
10
11
(c) Reimbursement for expenditures (other than from the
RECOMMENDATION NO. VII.-CORRUPT PRACTICES
U.S. Government) exceeding $1,000 in each instance.
Campaign receipts shall not be included in this report.
That the House take prompt action to review the entire body of
Information filed under part A shall be maintained by the Com-
of law in areas covered by the Federal Corrupt Practices Act and
mittee on Standards of Official Conduct and made available at
enact measures realistically applicable to present day situations.
reasonable hours to responsible public inquiry, subject to such regula-
tions 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 regulations requiring the committee promptly to notify
each Member of the House of Representatives of each instance of an
examination of information filed under part A by 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.
The information filed under 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 ex-
amination of such information 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 who has no interests covered by
any of the above provisions shall file a report SO stating.
In any case in which a person required to file a sealed report under
this part B 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.
RECOMMENDATION NO. V.-APPLICATION TO CANDIDATES
That the chairmen of national political committees, in turn, recom-
mend to candidates seeking nomination or election to the House of
Representatives, under the sponsorship of the respective parties,
that such candidates comply with all provisions of the code of official
conduct insofar as they are applicable.
RECOMMENDATION NO. VI.-COUNTERPART FUNDS
That the Committee on House Administration recommend revisions
in law and regulations to provide for standardizing the controls over
the use by committees of counterpart funds for travel outside the
United States and full reporting and adequate review of such reports
in the House of Representatives.
91-318 0-68-3
13
in restraint by both legislative and practical influences, will not only
be able to cope with situations before they bring discredit to the
Congress, but, more importantly, will deter most such situations from
developing.
Some instrumentality, preferably the continuing committee, must
PART III
necessarily serve as the determinant of the subjective terms necessary
in spelling out the Code of Official Conduct. An essential difference
COMMENT ON THE RECOMMENDATIONS
between a statute and a standard is that the former usually is capable
of precise definition and therefore may be objectively tested, whereas
RECOMMENDATION NO. I.-PERMANENT COMMITTEE
the latter can only be stated in subjective language and must rely on
That the Rules of the House of Representatives be ap-
the facts as determined in each situation. If it should be necessary to
propriately amended to incorporate this Committee as a
measure an allegation against a standard, that measurement will be
permanent standing committee of the House.
as meaningful as the depth to which the measuring body draws out
the facts and nuances. Clearly this can be done better by a body
Pivotal to the remaining portion of this report is the recommenda-
smaller and more flexible than the entire House, and one that is more
tion that the Rules of the House be amended to make this com-
acquainted with the history and development of the standards and
mittee a permanent standing committee of the House, not just of
enforcement procedures, than special committees created to deal only
this 90th Congress. The reasons for this are several.
with individual cases as they arise.
On April 9, 1963, Chairman Omar Burleson of the Committee on
House Administration, during hearings before his committee, stated:
RECOMMENDATION NO. II.-POWERS AND LIMITATIONS
Incidentally, the record should show at this point that
OF THE COMMITTEE
this committee is not charged by law or under the Rules of
Powers
the House of Representatives with making this type investi-
Investment of the following powers in the committee:
gation. It is not charged with the responsibility or the author-
(1) to have referred to it measures relating to the Code of
ity of overseeing the conduct of Members of Congress.
Official Conduct and measures relating to financial dis-
Nor is any other committee so charged. Although there have been
closure for Members, officers and employees of the House
rules and constitutional provisions relating to the official conduct of
of Representatives.
Members from the First Congress, there never has existed an in-
The changing conditions over the years that have made desirable
stitutionalized body or means expressly directed toward monitoring
the statement of these canons and establishment of means for verifying
them. Historically, infractions usually have been dealt with when the
their observance must be expected to continue. Thus changes in both
severity or exposure of them took on such public weight as to demand
substance and method will be required as the need is demonstrated.
that the House appoint a special committee to deal with a problem
These will come from the less than perfect work, which this committee
ad hoc. There have been instances when standing committees pursuing
concedes is present in this report, and also from new situations which
other avenues of investigation chanced upon apparent misconduct
are not now predictable. The committee feels that placement of this
on the part of a Member and sought permission of the House by
authority with it is the most suitable means of providing for the
resolution to extend the scope of their investigation to deal with the
discovered infraction. But both of these approaches are slow of
orderly treatment of changes which may become necessary in the
future
implementation and tend to become effective only after unsavory
practices have proliferated into abuse.
(2) to recommend to the House of Representatives, from
In the extreme, one can envision a permanent standing committee
time to time, such legislative or administrative actions as
as a vehicle of continuing inquisition, if the powers sought here were
the Committee may deem appropriate to establish or enforce
carelessly placed or injudiciously handled once placed. That this
standards of official conduct for Members, officers, and
would not be the case, now or in the future, should be assured by the
emplóyees of the House.
fact that the members of the committee are also Members of the House
This provision would merely continue the recommendatory juris-
who are elected as are other committee members and are subject to
diction contained in the original resolution. Under (1) as stated above,
the same rules and procedures which they will administer. Beyond
referral jurisdiction would apply only to the Code of Official Conduct
this, of course, is the fact that the committee can only recommend
and measures relating to financial disclosure. Under (2) the com-
definitive action to the full House. Even greater insurance is provided
mittee would have the broader authority to continue to recommend
by the spelling out in the authorizing resolution, in more precise and
measures aimed at maintaining highest standards of conduct.
detailed language than usual, the functions of the committee, thus
It is readily conceivable that information can come to the committee,
leaving less latitude to the internal rules of the committee.
through an investigation or a variety of other means, which would
This committee is convinced that a more streamlined procedure for
suggest remedies to existing or impending situations. Such remedies
the handling of allegations of infractions, provided that procedure is held
might be recommendations for House action as a whole or proposals
(12)
14
15
directed at a particular committee, or possibly even recommendations
employee and, with appropriate deletions to assure the
for new statutes or amendments to existing ones. Recommendations
privacy of the individual concerned, to publish such opinion
in the latter category, with or without the accompaniment of imple-
for the guidance of other Members, officers, and employees.
menting legislation, would insure referral to the committee in which
The committee feels that as a continuing body this perhaps could
the appropriate jurisdiction resides, and from which could be expected
be its most valuable function; certainly it can be an extremely im-
greater expertise. Of prime importance, however, is the existence of
portant protective service.
a continuing authority to take the initiative to address the House on
From the outset of its work, the committee has proceeded on the
practices which, if ignored, could bring irreparable harm.
premise that enforcement is a poor substitute for prevention or de-
(3) to investigate, subject to limitations, any alleged viola-
terrence. While the committee necessarily requires power to recom-
tion, by a Member, officer, or employee of the House of
mend disciplinary action, it sincerely believes there will be little need
Representatives, of the Code of Official Conduct, of any
for using such authority if it can build precedents through published
law, rule, regulation, or other standard of conduct applicable
decisions showing how it regards specific acts in their fullest context.
to the conduct of such Member, officer, or employee in the
In the committee's hearings, it was pointed out on numerous occa-
performance of his duties or the discharge of his responsi-
sions that there simply has not existed any means of examining an act
bilities and, after notice and a hearing, the Committee shall
before the fact, especially in the cases of Members with relatively
recommend to the House of Representatives, by resolution
little seniority. But even among the more senior Members, it was
or otherwise, such action as the Committee may deem appro-
apparent that their understanding of the permitted and the taboo
priate in the circumstances.
was often more intuitive than guided by specific authority, and was
by no means consistent.
Recent history offers vivid evidence of the need for enforcement
It is felt that the Code of Official Conduct recommended herewith
machinery to accompany any code of conduct. A mere statement of
should do considerable toward removing any question of doubt but,
guidelines serves neither as a deterrent to improper conduct nor as a
yardstick for punitive action, in the absence of means that demand
to the extent to which it fails, the early warning device provided by
this recommendation should be invaluable.
respect for the guidelines. Enforcement is the substance that makes
standards meaningful. It would arm the House with the weapon
Limitations
needed to defend itself, and, in truth, make it the judge of its own
At several places in this report, limits on the powers of the com-
membership.
mittee are recommended. They are-
It must be stressed, however, that the powers contained in this pro-
vision, like any authority under constitutional self-government, need
(1) No resolution, report, recommendation, or advisory
restraints and, as pointed out elsewhere in this section, such restraints
opinion relating to the official conduct of a Member, officer,
are built into the authorizing resolution, and above all, it must be
or employee of the House of Representatives shall be made,
emphasized that in the practical reality any final authority to punish
and no investigation of such conduct shall be undertaken,
unless approved by the affirmative vote of not less than
is vested only in the House as a whole.
seven members of the committee.
(4) to report to the appropriate Federal or State au-
Rule XI, clause 26(e), provides, "No measure or recommendation
thorities, with the approval of the House of Representatives,
any substantial evidence of a violation, by a Member,
shall be reported from any committee unless a majority of the com-
officer or employee of the House of Representatives, of any
mittee were actually present," and clause 26(h) specifies, "Each
law applicable to the performance of his duties or the dis-
committee may fix the number of its members to constitute a quorum
for taking testimony and receiving evidence, which shall not be less
charge of his responsibilities, which may have been dis-
closed in a committee investigation.
than two." Additionally, this committee felt it was important, par-
ticularly since it also would render advisory opinions, which are not
This provision, while generally self-explanatory, differs from many
technically covered by the provisions above referred to, that the
similar ones found in prior bills and resolutions. The difference is that
House be assured that no recommendations could come to it from
the committee may report only violations of laws applicable to the
the committee unless they represented the views of a majority of
performance of duties or the discharge of responsibilities, whereas
the committee's authorized membership. And, no investigation could
the language of most of such bills and resolutions grants general
be undertaken except under the same conditions.
authority to Congress to report violations to enforcement agencies.
The difference may suggest that the committee is laboring a point
(2) Except in the case of an investigation undertaken by
unworthily, but it is noted simply to reflect the committee's sensi-
the committee on its own initiative, the committee may
tivity to remaining strictly within established boundaries.
undertake an investigation relating to the official conduct of
an individual Member, officer, or employee of the House of
(5) to give consideration to the request of a Member,
Representatives only (A) upon receipt of a complaint, in
officer or employee of the House of Representatives, for an
writing and under oath, made by or submitted to a Member
advisory opinion with respect to the general propriety of
of the House of Representatives and transmitted to the
any current or proposed conduct of such Member, officer, or
committee by such Member, or (B) upon receipt of a com-
16
17
plaint, in writing and under oath, directly from an individual
RECOMMENDATION NO. III.-ADOPTION OF THIS CODE OF OFFICIAL
not a Member of the House of Representatives if the com-
CONDUCT FOR THE HOUSE OF REPRESENTATIVES
mittee finds that such complaint has been submitted by such
individual to not less than three Members of the House of
(1) A Member, officer, or employee of the House of
Representatives who have refused, in writing, to transmit
Representatives shall conduct himself at all times in a
such complaint to the committee.
manner which shall reflect creditably on the House of
Representatives.
The committee is fully aware that persons with unworthy motives
might seek to lodge irresponsible allegations against Members. This
Since the Constitution quite clearly makes the House the judge of
provision would bar the committee from serving such ulterior purposes.
its own membership, it seems appropriate to summarize in a single
In addition, the several thresholds built into the committee's investiga-
standard a tentative description of conduct, by which the House,
tive technique (see chart in appendix, page 44) would insure that only
through referral from this committee, can treat promptly with a
those allegations which meet successive tests of legitimacy would ever
given act or an accumulation of acts of a Member which it determines
surface.
to have reflected discredit on the Congress.
It is conceivable, of course, that someone lodging an allegation
It is possible that a flagrant violation of law reflecting on the
against a Member might find it impossible to have another Member
Congress as a whole could go unpunished if the virtually unlimited
transmit it to the committee. Upon the written refusal of any three
power of law enforcement officials to prosecute were not exercised.
Members to transmit the allegation, the committee would accept it
In such circumstances, the legislative branch would find it difficult
under all other specified terms and conditions. This provision should
to assert the right to be the judge of its own membership.
quieten any notion that a legitimate complaint may be technically
A contrary situation might well find an investigation by this com-
avoided.
mittee establishing that there exists no "probable grounds" for a
(3) No investigation shall be undertaken of any alleged
particular complaint. Under such conditions, this finding would have
violation of a law, rule, regulation, or standard of conduct not
some appearance to enforcement officials of invocation of the "judge
in effect at the time of the alleged violation.
of its own membership" doctrine. While conceding that this standard
probably would remain untested, the committee feels it should be a
This limitation insures that the committee can function in its
part of a code of standards in the interest of, and as a safeguard for,
investigative capacity only from the date the authorizing resolution
the House as a whole.
becomes effective. It prohibits the committee from reaching to a prior
point in time unless the act or practice was existing before the effective
(2) A Member, officer, or employee of the House of Repre-
date of the applicable standard and continued thereafter.
sentatives shall adhere to the spirit and the letter of Rules
The committee also considered limiting the initiation or continuance
of the House and to the rules of duly constituted com-
mittees thereof.
of any investigation of any Member for a period immediately prior to
any primary or general election in which the subject Member may be
It is also unlikely that the above standard ever will have to meet
a candidate. While the general objectives of such a restraint are desir-
the tests of enforcement. Its purpose in the code is to restate and
able, the practical effect could be one that would introduce more
reemphasize the importance of the precedents of decorum and con-
hazards than it would eliminate. The other general powers and limi-
sideration that have evolved in the House over the years. These
tations, plus the bipartisan character of the committee, should be
precedents are more than mere politeness; they are the essence of the
adequate to prevent abuses that might arise from "timed" allegations.
order of the House.
(4) A member of the Committee shall be ineligible to par-
The committee heard recommendations that it draw standards to
ticipate, as a member of the committee, in any committee
reduce the number of time-consuming quorum calls, govern attend-
proceeding relating to his official conduct. In any case in
ance on the floor and in committee meetings, and deal with seemingly
which a member of the committee is ineligible to act as a
unfair and dilatory legislative tactics. Such proposals were considered,
member of the committee under the preceding sentence, the
but proposed drafts illustrated the greater impracticality of this ap-
Speaker of the House of Representatives shall designate a
proach in comparison with a more general admonition to observe the
Member of the House of Representatives from the same
spirit of existing and adequate rules and practices.
political party as the ineligible member of the committee to
From the apportionment chart shown on page 4 of this report, it
act as a member of the committee in any committee pro-
is clear that the business of the House has multiplied rapidly during
ceeding relating to the official conduct of such ineligible
our national life. But, as the chart shows, the projected growth for
member.
the future is even more startling. Many fields of legislation are pres-
ent today that were unheard of even a short time ago, and forecasts
This provision assures that, in the event a member of the committee
for the future appear to offer no hope for reduction in the workload
should become the subject of an investigation, he shall be entitled
of the House. And although this report is not primarily directed
to precisely the same treatment as any Member of the House who is
toward legislative efficiency, it is clear that ethical observance of the
not a member of the committee.
spirit and the letter of the rules of the House and rules of its com-
mittees will work toward that objective.
18
19
(3) A Member, officer, or employee of the House of Repre-
point toys with the essence of the representative function and is po-
sentatives shall receive no compensation nor shall he permit
tentially dangerous. For if a Member makes use of the only remedy
any compensation to accrue to his beneficial interest from any
now available for prevention of conflicts of interest-disqualification
source, the receipt of which would occur by virtue of influence
of himself from acting in any situation in which he has a private or
improperly exerted from his position in the Congress.
pecuniary interest-he risks disqualification also of the voice of his
The attention of the committee to the general topic of conflicts of
constituents. It should be noted, too, that use of the remedy is left
interest was in direct proportion to the emphasis that virtually every
largely to the option of the individual Member. The remedy, as it now
witness put on the subject. There was this emphasis despite:
exists, is prescribed in Jefferson's Manual and in rule VIII of the rules
of the House.
Of the practice of influencing a Congressman's action on
Much has been written on the venality of conflicts of interest, real
legislation through outright bribery, there were no publicly
or seeming, but the dearth of substantive recommendations either to
proven instances from 1945 through 1964, although it is
or from the committee for absolute means of preventing conflicts is in
possible that some bribes were offered or received secretly.
all likelihood due to the essential paradox that the concept evokes in
There were no publicly known cases of a Congressman selling
self-government systems. Whether the motive behind a single act is
his vote for an outright cash payment. There was no case in
ultimate avarice, genuine unselfishness or a point somewhere between
which there was any evidence that a speaker's fee paid to a
these poles, what it truly is, is known only in the heart of one man, and
Congressman ostensibly for making a speech before an organi-
in such cases he must be judged by others humbly.
zation (a widespread and perfectly legal practice) had as its
real purpose to buy the Congressman's vote, which would
(4) A Member, officer, or employee of the House of Repre-
have been a crime. There were no publicly known cases of
sentatives shall accept no gift of substantial value, directly or
a Congressman selling his vote on a bill for the secret promise
indirectly, from any person, organization, or corporation
of a future job or for some inside information on the stock
having a direct interest in legislation before the Congress. -
market, land values, the commodity market, etc. There
Under most circumstances the giving and receiving of gifts is an
were no publicly known cases in which it was proven that a
expression of genuine unselfishness, and is evidence of the civilization
Congressman had been offered or accepted a campaign
which man has achieved. The same act, however, can be a badge of the
contribution made for the express purpose of buying his
depths to which he sometimes sinks-meaning bribery.
vote on a particular issue.¹
The extreme cases present no problems in any attempt to define
Nevertheless the committee sought to define and approach the sub-
proper conduct. It is in the middle area that the problems arise. This
ject in such a way that a standard seeking to prevent conflicts of in-
is the area of the intended quid for the quo, the potlatch, and contains
terest would be reasonably meaningful and to some degree enforceable.
the even further complication of timing factors which might be de-
The generally understood notion is that conflicts of interest occur
scribed as casting bread upon the waters.
when one's governmental responsibilities are to any degree affected,
The ill-motivated giving or receiving of gifts certainly has no place
or appear to be affected, by his or her personal economic interests.
in government, but to make a flat prohibition against this most
This definition is adequate until an attempt is made to prove what
human expression would be artificial and unenforceable.
fits the definition and where a legislator's community of interest with
The committee fully realizes the considerable subjectivity of this
his constituents ceases and conflict of interest commences.
standard, but believes that, given the facts to test the standard, the
A substantial body of law already exists covering certain types of
subjectivity can be resolved, and that, otherwise, the potential
overt duality, but that law is weak in that it, too, is incapable of
problem of extraordinary gifts may be beyond definition.
penetrating the indivisibility of the human and human motivations.
(5) A Member, officer, or employee of the House of Rep-
In every lawmaker, there is also some living-maker, and the instincts
resentatives shall accept no honorarium for a speech,
which compel him to provide are essentially competitive. These
writing for publication, or other similar activity, from any
instincts are fundamental. Yet they must be suppressed in the role
person, organization, or corporation in excess of the usual
of the lawmaker except when the action in question is simultaneously
and customary value for such services.
and, to no greater degree, beneficial to all the constituents for whom
The acceptance of an honorarium by any person, a Member of
the representative is serving in a brokerage function. It could be
Congress or otherwise, for a speech or presence is a durable and honor-
argued that even this condition could be further tempered if a greater
able practice, provided, of course, that it is just that and no more.
public benefit might stem from voting a position contrary to the
When the fee offered a Member of the Congress is in excess of what
constituent but in the interest of the Member.
another person of equal public importance could command, the
Clearly all these possibilities are totally incapable of examination
Member is presented a serious ethical problem. In such circumstance,
except in the subjective sense and, therefore, this standard is so stated.
the excess is either a gift or a campaign contribution, and properly
To imagine the test, one must first know all the facts and then apply
should be treated separately and appropriately reported.
an equally ideal unselfish judgment. To attempt to define beyond this
The committee recognizes that political practices in the 435 con-
1 "Legislators and the Lobbyists," (p. 3) a publication of Congressional Quarterly Service.
gressional districts vary widely, and that the honorarium has been
91-235 0-68-4
21
20
When the purpose is not stated in adequate, advance notice, the
more usual in some than in others. The committee wants to emphasize
contributions must be considered as meant for campaign purposes
its belief that receipt of a proper honorarium constitutes no abuse,
and treated just as if notice to that effect had been stated.
but to warn that it is something else if a so-called honorarium is a
subterfuge for the gift of money intended for other purposes. It is that
(8) A Member of the House of Representatives shall
kind of abuse to which the above code provision is directed.
retain no one from his clerk hire allowance who does not
perform duties commensurate with the compensation he
(6) A Member of the House of Representatives shall keep
receives.
his campaign funds separate from his personal funds.
He shall convert no campaign funds to personal use in excess
A subject widely commented upon to the committee was the prac-
of reimbursement for legitimate and verifiable prior cam-
tice of hiring relatives from the clerk hire allowance. Recommenda-
paign expenditures. He shall expend no funds from his cam-
tions for dealing with the subject ranged from complete prohibition
paign account not attributable to bona fide campaign
to approval. The question was preempted with the passage of the
purposes.
Postal Revenue and Federal Salary Act of 1967, which, in effect,
prohibits the hiring of any relatives by Government officials.
The committee recognizes the political process as essentially an ad-
Within the same general area, however, the subject of reasonable
versary one. Aspirants to seats in the House of Representatives are, to
performance of duties by employees, regardless of relationship, was
some degree, planning and campaigning to unseat the incumbent at
raised. The need for conscientious performance was stated in the
all times. The incumbent counters these efforts if he is to remain the
1958 Code of Ethics. It commands all persons in Government service
incumbent. The degree of subtlety, whether called tactics by the one
to "Give a full day's labor for a full day's pay; giving to the per-
or exposure by the other, lessens as an election approaches, but it
formance of his duties his earnest effort and best thought." This
must be understood that campaigning is a continuing process, not one
principle must be kept in mind by the Member making an appoint-
that commences with the sound of a bell and ends with the wave of a
ment and by the person appointed.
flag.
The costs of this process are the subject of existing law and proposed
RECOMMENDATION NO. IV-FINANCIAL DISCLOSURE
legislation. The committee recognizes the importance of realistic cor-
rupt practices legislation in the total context of standards of official
Amendment of the rules of the House to require that Members,
conduct. But, within the scope of this code of official conduct, it is
officers, principal assistants to Members and officers, and professional
the meaningful separation and proper application of campaign funds
staff members of committees shall, not later than April 30, 1969, and
versus personal funds that is important. Otherwise, there is grave
by April 30 of each year thereafter, file with the Committee on
danger of the presence of potential sources of conflicts of interest.
Standards of Official Conduct a report disclosing certain financial
It should be noted that the reimbursement for prior expenditures
interests, as described below. The interest of a spouse or any other
provided for in the standard is not an exception to the general proposi-
party, if constructively controlled by the person reporting, shall be
tion. Its purpose is to take notice of the continuing and overlapping
considered to be the same as the interest of the person reporting. The
nature of campaign expenditures by providing a degree of flexibility
report shall be in two parts, hereinafter designated "part A" and
in the financing of them without any sacrifice of the principal objective
"part B."
of the standard.
Part A
(7) A Member of the House of Representatives shall treat
as campaign contributions all proceeds from testimonial
(1) List the name, instrument of ownership, and any position
dinners or other fund-raising events if the sponsors of such
of management held in any business entity doing a substantial
affairs do not give clear notice in advance to the donors or
business with the Federal Government or subject to Federal
participants that the proceeds are intended for other purposes.
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
Political fundraising practices vary widely across the country, but
$1,000 or more was derived during the preceding calendar year.
one in fairly general use is the testimonial dinner. Like many other
Do not list any time or demand deposit in a financial institution,
topics mentioned in this report, the practice is capable of a high
or any debt instrument having a fixed yeild unless it is convertible
purpose or of abuse. In this instance, the motive behind the act is
to an equity instrument.
not as important as the assurance that all participants in the event
(2) List the name, address, and type of practice of any pro-
are fully aware of what their role is. If an event is for raising campaign
fessional organization in which the person reporting, or his spouse,
funds, and that purpose is clearly stated (for example, in imprinting
is an officer, director, or partner, or serves in any advisory
on the tickets), not only is the donor aware of the purposes to which
capacity, from which income of $1,000 or more was derived during
his contribution will be put, but, equally important, the Member is
the preceding calendar year.
in no doubt as to the uses to which he is permitted to put the funds
(3) List the source of each of the following items received during
and as to the reporting he is required to make under law. If, on the
the preceding calendar year:
other hand, the testimonial is intended to provide a gift for the
(a) Any income for services rendered (other than from the
unlimited use of the Member, that fact should be equally clear and
U.S. Government) exceeding $5,000.
the political implications open for full observance.
22
23
(b) Any capital gain from a single source exceeding $5,000,
Proponents of the broadest disclosure seemed to take axiomatically
other than from the sale of a residence occupied by the
that under this scrutiny, conflicts of interest would be eliminated.
person reporting.
Opponents held with the same conviction that compelling disclosure
(c) Reimbursement for expenditures (other than from the
of one's personal finances would deter and eventually eliminate
U.S. Government) exceeding $1,000 in each instance.
qualified persons from public office.
Campaign receipts shall not be included in this report.
The committee feels that a tiue position falls between these extremes
Information filed under part A shall be maintained by the Committee
and that there is a totally justifiable point at which some financial
on Standards of Official Conduct and made available at reasonable
disclosure is necessary to equip the voters with enough information to
hours to responsible public inquiry, subject to such regulations as the
make a proper judgment at the polls, but that disclosure beyond that
committee may prescribe including, but not limited to, regulations
point is unnecessary and, in truth, is an invasion of one's privacy.
requiring identification by name, occupation, address, and telephone
The purposeful and premeditated conflict of interest is not, and
number of each person examining information filed under part A and
cannot be, the target of a financial disclosure technique. As was noted
regulations requiring the committee promptly to notify each Member
earlier, these situations are rare, and common sense suggests that, if
of the House of Representatives of each instance of an examination
an outright bargaining of one's legislative influence could be contem-
of information filed under part A by such Member.
plated, the same person would not hesitate to falsify any type of filing
imposed upon him. To unearth and punish a violation of the code or
Part B
applicable statutes in this area would present no greater problem than
(1) List the fair market value (as of the date of filing) of each
to treat a misfiling, so it must be concluded that the code and the
item listed under paragraph 1 of part A and the income derived
statutes are adequate to deal with flagrant abuses of legislative
authority.
therefrom during the preceding calendar year.
(2) List the amount of income derived from each item listed
The remaining area of what is commonly referred to as conflict of
under paragraphs 2 and 3 of part A.
interest refuses to yield to such easy definition. In fact, if rule VIII 2
The information filed under part B shall be sealed by the person
were literally applied, any legislation requiring appropriations could
filing and shall remain sealed unless the Committee on Standards of
be construed to contain a "direct personal or pecuniary interest"
Official Conduct, pursuant to its investigative authority, determines
since it theoretically affects taxes, the quality of investments' and
perhaps other extremely remote interests.
by a vote of not less than seven members of the committee that the
examination of such information is essential in an official investiga-
While precedent has provided the solution to this technicality, it
tion by the committee and promptly notifies the member concerned
illustrates that conflict of interest is a matter of proximity or degree of
of such determination. The committee may, by a vote of not less
personal or pecuniary interest rather than an absolute state. Therefore,
than seven members of the committee, make public any portion of
in the absence of any precise definition, it is the judgment and in-
stincts of the member voting that provide the first test of whether the
the information unsealed by the committee under the preceding
sentence and which the committee deems to be in the public interest.
representative function is being compromised for personal gain. As a
practical matter, it is the governing criterion.
Any person required to file a report who has no interests covered
by any of the above provisions shall file a report SO stating.
In the totally ideal legislative circumstance, the judgment of the
Member blends into that of his constituency and expresses itself
In any case in which a person required to file a sealed report under
unequivocally. To the extent then that any vote is less than ideal is
this part B is no longer required to file such a report, the committee
the failure of this synthesis, and systems that will improve the com-
shall return to such person, or his legal representative, all sealed
munication and understanding toward this objective are justifiable.
reports filed by such person under part B and remaining in the posses-
It is toward this goal that financial disclosure is worthy. It works
sion of the committee.
to keep the person reporting ever mindful of where the accumulation
Financial disclosure brought the most positive opinions of any
of his estate has occurred and keeps before him the fact that his first
subject that came before the committee. The overwhelming majority
obligation-his legislative duty-may not be even subconsciously
of the testimony favored application of some form of disclosure to
subverted to his own interests. It further works to keep before those
Members, officers and certain employees of the House. But while
he represents the areas where his personal financial interests lie SO
there were passionate demands for exposure of every minute detail
that they may judge whether his interests are contrary to their own,
of fiscal involvement, the committee also heard the completely oppo-
and, if so, whether to a sufficient degree that he fails to adequately
site view that such disclosure would be an unwarranted invasion of
represent them.
privacy. The majority of the recommendations supporting disclosure
No apology need be made for the fact that the proper role of the
stressed and defended the principle of disclosure but only a few placed
legislator is to express the very direct interests of his constituency.
emphasis on the objectives the technique was intended to serve.
If his own be the same or different interests and he votes either posi-
A matter of such sensitivity, having generated such extremes of
tion, there is no proof that he acted from conflict of interest. Whether,
opinion, needs the most careful scrutiny. The one thing strikingly
in fact, it was or was not is known but to himself,
absent from the arguments was any evidence that the results claimed
would in fact obtain, and that the conclusions were not largely
2 Rule VIII. Every Member shall be present within the Hall of the House during its sittings, unless
excused or necessarily prevented; and shall vote on each question put, unless he has a direct personal or
speculative.
pecuniary interest in the event of such question.
24
25
The legitimate objectives of financial disclosure, then, are to serve
as a deterrent reminder to the person filing and to acquaint the voters
It can be argued with considerable merit that point 3 of the "Code
with the areas in which it is possible for a conflict of interest to occur.
of Official Conduct," along with the means for enforcement recom-
It must follow that only such information as serves those objectives
mended in this report, is sufficient to monitor conflicts of interest, thus
can be validly required.
obviating any need for financial disclosure. The committee did not
The method of financial disclosure recommended in this report seeks
overlook this alternative. It concluded that even if both approaches
to accomplish these objectives. The means would require a two-part
became duplicative in effect rather than complementary, the better
type of disclosure. One part, aimed primarily at the deterrent objec-
judgment was to err on the side of duplication.
tive, would be sealed and not made public except under unusual con-
The committee was told that "not only Congress, but the churches,
ditions. This portion would contain specific items of valuation and
the professional societies, the universities, the research organizations,
income-information which is not essential to the public judgment
the corporations, in fact all organizations and all of us are being pro-
objective.
pelled, willy-nilly, into an era in which ethics must become a dominant
The other part, which would be made public, would identify certain
concern if we are to survive" (Dr. Franklin Kilpatrick; hearings,
assets, business, or professional affiliations and the sources of outside
August-September 1967, p. 23). The committee is mindful of the fact
income, any of which might be persuasive of the judgment of the
that Members of the House of Representatives are as entitled to pri-
Member in his legislative role. The committee made a careful analysis
vacy as any other citizen. But because they are the closest link between
of factors capable of doing this, and strongly feels that only this much
other citizens and their Government, it is appropriate that they take
information is essential to the objectives earlier stated.
this extra measure of ethical concern.
For instance, ownership in business entities having no essential
dealings with the Federal Government, or even minimal holdings of
RECOMMENDATION NO. V.-APPLICATION TO CANDIDATES
this type, do not present an opportunity for conflict of interest. The
committee appreciates the difficulty that might arise in some instances
That the Chairman of National Political Committees, in
of determining whether a holding meets the criteria stated in para-
turn, recommend to candidates seeking nomination or elec-
graph (1) of part A above; namely, that the entity in question does
tion to the House of Representatives, under the sponsorship
a substantial business with the Federal Government or is subject to
of the respective parties, that such candidates comply with
Federal regulation. One such example would be a diversified mutual
all provisions of the Code of Official Conduct insofar as they
fund having changing components. In such uncertain cases, where
are applicable.
honest differences of opinion can be expected, to err on either side is
unlikely to do harm to the objectives of the reporting requirement.
The committee saw the equity of requiring aspirants to seats in the
Assets such as financial deposits, Government bonds, or even cor-
House of Representatives to abide by the same rules, especially with
porate bonds lacking any provision for conversion to equity instru-
respect to financial disclosure, as apply to incumbents. Technically
ments similarly are incapable of enhancement by improper legislative
it was stopped from doing SO if the Code of Official Conduct was placed
influence. Thus, such interests do not serve the objectives of disclosure
in the rules of the House rather than being made statutory, a step
and therefore present no reason to be revealed. These exclusions also
which would require Senate approval. It seems reasonable that
would prevent any person from calculating the net worth position of
candidates would be willing to meet any requirements which might
the reporting individual, information which the committee feels most
later apply to them as Members.
The committee feels that the most reasonable means of communi-
strongly is unnecessary to any goals of financial disclosure.
The committee notes the limitations on this or any form of financial
cating this suggestion is through the machinery of the national political
disclosure for the objectives mentioned. The principal limitation is
parties.
that it never reveals the present situation but rather the past, which
If experience shows abuse of this recommendation by candidates to
may bear no relevancy to the purposes of disclosure. The technique
the detriment of incumbents, legislation to correct the abuses can be
considered later.
as a rule of the House is difficult, if not impossible, to impose on a
nonincumbent candidate. Also, it is not meaningful with respect to
a first-year report since it would cover a period prior to the service of
RECOMMENDATION NO. VI.-COUNTERPART FUNDS
the person reporting and conversely the final year of service of any
That the Committee on House Administration recom-
person covered would not be reported. Likewise, transactions wholly
mend revisions in law and regulations to provide for stand-
contained in a calendar year and not existing at the time of filing
would escape report unless they led to gains or income which would
ardizing the controls over the use by committees of counter-
part funds for travel outside the United States and full
be reported. While these defects limit the effectiveness of the effort,
reporting and adequate review of such reports in the House
the committee feels that on balance they do not outweigh the possible
benefit.
of Representatives.
Again it is emphasized that nothing in this section pertains to the
Any Members or employees of committees of Congress traveling in a
disclosure of moneys received for campaign purposes. That subject
foreign country on official business of the U.S. Government are re-
is treated elsewhere in this report.
quired by law to use U.S. funds on deposit in that country's currency
if such funds exist. These balances for the most part arose from lend-
lease, foreign aid, or some similar arrangement. Recovery of them by
26
27
the U.S. Treasury is for all practical purposes limited to their use in
the country of origin.
about a Member that is needed to reach a judgment as to whether
The law further spells out per diem limits of these funds available to
proximity to any of the sources disclosed is sufficient to create a
official travelers but that law has been revised a number of times with
potential conflict of interest.
the result that it now is often confusing as to authorized uses and
The absence of greater detail in this recommendation is due to the
accountability.
committee's decision that the specific steps to accomplish its general
Without question this confusion has led to some actual abuse and
aims should be recommended by the appropriate legislative com-
certainly to some appearance of abuse in the utilization and reporting
mittee. This committee notes that considerable legislation aimed at
of these disbursements. That the amounts involved in actual abuses
the general objectives has been introduced in recent years. It reiterates
have been relatively miniscule is no justification for less than meticulous
that it feels no preference for any specific bill. But it feels strongly
stewardship over these like any other public moneys.
that stricter management and reporting of campaign finances are
The committee feels that recommendations from the appropriate
needed to complement the recommendations it is making in the areas
legislative source to clarify all aspects of this law will be a step toward
assigned to it by the House.
eliminating any uncertainty from this area and removing both error
and suspicion.
RECOMMENDATION NO. VII.-CORRUPT PRACTICES ACT
That the House take prompt action to review the entire
body of law in areas covered by the Federal Corrupt Prac-
tices Act and enact measures realistically applicable to
present day situations.
No report, responsive to the committee's assignment, could omit
consideration of the entire scope of campaign fund practices. Any
consideration of standards of conduct for legislators must include the
question of whether the sources of campaign money requirements are
capable of either overtly or subconsciously compromising the legisla-
tive independence of the recipient. No system can be foreseen which
will obviate the raising of such funds, so the only remedy appears to
be strict management of them. This must be done if the public's con-
cern over conflicts of interest is to be lessened.
Testimony received by the committee in this area was largely general
in scope. However, two specific areas were singled out: (1) elimination
of unrealistic limits on campaign spending, and (2) more extensive
and realistic disclosure of campaign contributions and expenditures
than is required under present law.
It should be made clear that disclosure of political campaign finances
is entirely separate and apart from the committee's recommendation,
elsewhere in this report, for a method of financial disclosure as a means
of enabling the public to monitor possible conflicts of interest.
Campaign funds in the hands of a candidate for Congress are in a
unique category. Although he has possession of them and may elect
how they shall be spent, their status is transitional until they have
in fact been spent. If they are expended for legitimate purposes either
in a current or any future campaign for public office, they effectively
pass through his hands without any trace of ownership or title re-
maining, and the accountability for them, in and out, is covered by
the Federal corrupt practices law. If on the other hand some of these
funds are expended for personal use, not related to his campaign, that
portion becomes personal income, reportable for Internal Revenue
purposes and possibly subject to disclosure under recommendations
contained elsewhere in this report. Together, these two disclosure
requirements would provide the fullest exposure of financial details
APPENDIX
90TH CONGRESS
1ST SESSION
H. RES. 418
PART IV
IN THE HOUSE OF REPRESENTATIVES
CONCLUSION
APRIL 6, 1967
The observations and recommendations contained in this report
Mr. COLMER, from the Committee on Rules, reported the following resolution;
by no means cover all the subjects debated in the committee. Many
which was referred to the House Calendar and ordered to be printed
additional areas were discussed, but failed of a position in the report
APRIL 13, 1967
because, in the judgment of the committee, they either were of minimal
importance or were in a category for which no appropriate recommen-
Considered and agreed to
dations were immediately apparent. This is not to say that the com-
mittee feels there are great remaining areas demanding of attention.
RESOLUTION
Rather, it is to say that, in the judgment of the committee, a con-
tinuing committee can deal with remaining areas more deliberately
Resolved, That there is hereby established a standing committee
of the House of Representatives to be known as the Committee on
and effectively, and with minimal risk that the cure may be worse
than the disease. In the interim, none of these areas impresses the
Standards of Official Conduct (hereafter referred to as the "commit-
committee as of sufficient weight to do conceivable harm if action on
tee"). The committee shall be composed of twelve Members of the
them is deferred.
House of Representatives. Six members of the committee shall be
It is regrettable that this report does not lend itself to the same
members of the majority party and six shall be members of the
minority party.
precision as reports on some other subjects. Concepts and ideas simply
will not permit themselves to be as neatly arranged as measurable
SEC. 2. The jurisdiction of the committee shall be to recommend
facts.
as soon as practicable to the House of Representatives such changes
This committee boasts of no superior wisdom or special insight, but
in laws, rules and regulations as the committee deems necessary to
it does assure the House of Representatives that it has, with some
establish and enforce standards of official conduct for Members,
experience, sincere humility, genuine reverence for the institution
officers, and employees of the House.
itself, and, above all, true respect for each individual Member, con-
SEC. 3. The committee may hold such hearings and take such
sidered the contents of this report and deems adoption of its recom-
testimony as may be necessary to carry out the purposes of this
resolution.
mendations in the best interest of all.
(29)
(28)
31
" '(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
90TH CONGRESS, 2D SESSION
and, with appropriate deletions to assure the privacy of the
individual concerned, to publish such opinion for the guidance
RESOLUTION
of other Members, officers, and employees of the House of
Representatives.
Amending House Resolution 418, Ninetieth Congress, to continue the Committee
" (1) No resolution, report, recommendation, or advisory
on Standards of Official Conduct as a permanent standing committee of the
opinion relating to the official conduct of a Member, officer, or
House of Representatives, and for other purposes.
employee of the House of Representatives shall be made, and no
Resolved, That House Resolution 418, Ninetieth Congress, is
investigation of such conduct shall be undertaken, unless approved
amended to read as follows:
by the affirmative vote of not less than seven members of the
"That clause 1 of Rule X of the Rules of the House of Represent-
committee.
atives is amended-
" '(2) Except in the case of an investigation undertaken by the
"(1) by redesignating paragraphs (r), (s), and (t) as paragraphs
committee on its own initiative, the committee may undertake an
(s), (t), and (u), respectively; and
investigation relating to the official conduct of an individual Member,
"(2) by inserting immediately after paragraph (q) the following
officer, or employee of the House of Representatives only (A) upon
new paragraph:
receipt of a complaint, in writing and under oath, made by or sub-
"(r) Committee on Standards of Official Conduct, to consist of
mitted to a Member of the House of Representatives and transmitted
twelve Members as follows: six members of the majority party and
to the committee by such Member, or (B) upon receipt of a complaint,
six members of the minority party.'
in writing and under oath, directly from an individual not a Member
"Sec. 2. Rule XI of the Rules of the House of Representatives
of the House of Representatives if the committee finds that such
is amended-
complaint has been submitted by such individual to not less than
"(1) by redesignating clauses 18 through 30 as clauses 19
three Members of the House of Representatives who have refused,
through 31, respectively;
in writing, to transmit such complaint to the committee.
"(2) by inserting immediately after clause 17 the following
'(3) No investigation shall be undertaken of any alleged violation
new clause:
of a law, rule, regulation, or standard of conduct not in effect at the
" '18. Committee on Standards of Official Conduct.
time of the alleged violation.
'(a) Measures relating to the Code of Official Conduct.
" '(4) A member of the committee shall be ineligible to participate,
" '(b) Measures relating to financial disclosure by Members,
as a member of the committee, in any committee proceeding relating
officers, and employees of the House of Representatives.
to his official conduct. In any casein which a member of the committee
" '(c) The committee is authorized-
is ineligible to act as a member of the committee under the preceding
'(1) to recommend to the House of Representatives, from
sentence, the Speaker of the House of Representatives shall designate
time to time, such legislative or administrative actions as the
a Member of the House of Representatives from the same political
committee may deem appropriate to establish or enforce stand-
party as the ineligible member of the committee to act as a member of
ards of official conduct for Members, officers, and employees of
the committee in any committee proceeding relating to the official
the House of Representatives;
conduct of such ineligible member.
"(2) to investigate, subject to paragraph (d) of this clause,
" '(e) For the purpose of carrying out the foregoing provisions of
any alleged violation, by a Member, officer, or employee of the
this clause, the committee, or any subcommittee thereof, is author-
House of Representatives, of the Code of Official Conduct or of
ized to sit and act at such times and places within the United States,
any law, rule, regulation, or other standard of conduct ápplicable
whether the House is in session, has recessed, or has adjourned, to
to the conduct of such Member, officer, or employee in the per-
hold such hearings, and to require, by subpena or otherwise, the
formance of his duties or the discharge of his responsibilities and,
attendance and testimony of such witnesses and the production of
after notice and a hearing, shall recommend to the House of
such books, records, correspondence, memorandums, papers, and docu-
Representatives, by resolution or otherwise, such action as the
ments, as it deems necessary. Subpenas may be issued under the signa-
committee may deem appropriate in the circumstances;
ture of the chairman of the committee or any member of the committee
"(3) to report to the appropriate Federal or State authorities,
designated by him, and may be served by any person designated by
with approval of the House of Representatives, any substantial
such chairman or member.";
evidence of a violation, by a Member, officer, or employee of the
"(3) by inserting immediately before 'the Committee on Vet-
House of Representatives, of any law applicable to the perform-
erans' Affairs' where it appears in clause 22, as SO redesignated
ance of his duties or the discharge of his responsibilities, which
by paragraph (1) of this section, the following: 'the Committee
may have been disclosed in a Committee investigation; and
on Standards of Official Conduct-on resolutions recommending
action by the House of Representatives with respect to an indi-
(30)
32
33
vidual Member, officer, or employee of the House of Representa-
"8. A Member of the House of Representatives shall retain no one
tives as a result of any investigation by the committee relating
from his clerk hire allowance who does not perform duties commen-
to the official conduct of such Member, officer, or employee of
surate with the compensation he receives.
the House of Representatives;';
"As used in this Code of Official Conduct of the House of Rep-
"(4) by striking out 'paragraph 26' in clause 27 (j), as SO re-
resentatives—
designated by paragraph (1) of this section, and inserting in lieu
"(a) the terms "Member" and "Member of the House of
thereof 'clause 27; and
Representatives" include the Resident Commissioner from
"(5) by inserting immediately after 'Rules,' where it appears
Puerto Rico; and
in clause 31, as SO redesignated by paragraph (1) of this section,
"(b) the term "officer or employee of the House of Represen-
the following: 'on Standards of Official Conduct,'.
tatives" means any individual whose compensation is disbursed
"SEC. 3. Clause 2 of Rule XIII of the Rules of the House of Rep-
by the Clerk of the House of Representatives.
resentatives is amended by striking out 'clause 21' and inserting in
lieu thereof 'clause 22'.
"'RULE XLIV
"Sec. 4. (a) The Rules of the House of Representatives are amended
by adding at the end thereof the following new rules:
"Financial Disclosure
"Members, officers, principal assistants to Members and officers,
""RULE XLIII
and professional staff members of committees shall, not later than
"Code of Official Conduct
April 30, 1969, and by April 30 of each year thereafter, file with the
Committee on Standards of Official Conduct a report disclosing
""There is hereby established by and for the House of Repre-
certain financial interests as provided in this Rule. The interest of a
sentatives the following code of conduct, to be known as the "Code of
spouse or any other party, if constructively controlled by the person
Official Conduct":
reporting, shall be considered to be the same as the interest of the
"1. A Member, officer, or employee of the House of Representa-
person reporting. The report shall be in two parts as follows:
tives shall conduct himself at all times in a manner which shall reflect
creditably on the House of Representatives.
"Part A
"2. A Member, officer, or employee of the House of Representa-
tives shall adhere to the spirit and the letter of the Rules of the House
"1. List the name, instrument of ownership, and any position of
of Representatives and to the Rules of duly constituted committees
management held in any business entity doing a substantial business
thereof.
with the Federal Government or subject to Federal regulatory
" '3. A Member, officer, or employee of the House of Representa-
agencies, in which the ownership is in excess of $5,000 fair market
tives shall receive no compensation nor shall he permit any compensa-
value as of the date of filing or from which income of $1,000 or more
tion to accrue to his beneficial interest from any source, the receipt
was derived during the preceding calendar year. Do not list any time
of which would occur by virtue of influence improperly exerted from
or demand deposit in a financial institution, or any debt instrument
his position in the Congress.
having a fixed yield unless it is convertible to an equity instrument.
4. A Member, officer, or employee of the House of Representa-
"2. List the name, address, and type of practice of any professional
tives shall accept no gift of substantial value, directly or indirectly,
organization in which the person reporting, or his spouse, is an officer,
from any person, organization, or corporation having a direct interest
director, or partner, or serves in any advisory capacity, from which
in legislation before the Congress.
income of $1,000 or more was derived during the preceding calendar
'5. A Member, officer, or employee of the House of Representa-
year.
tives shall accept no honorarium for a speech, writing for publication,
'3. List the source of each of the following items received during
or other similar activity, from any person, organization, or corpora-
the preceding calendar year:
tion in excess of the usual and customary value for such services.
'(a) Any income for services rendered (other than from the
'6. A Member of the House of Representatives shall keep his
United States Government) exceeding $5,000.
campaign funds separate from his personal funds. He shall convert no
" '(b) Any capital gain from a single source exceeding $5,000,
campaign funds to personal use in excess of reimbursement for legiti-
other than from the sale of a residence occupied by the person
mate and verifiable prior campaign expenditures. He shall expend no
reporting.
funds from his campaign account not attributable to bona fide cam-
'(c) Reimbursement for expenditures (other than from the
paign purposes.
United States Government) exceeding $1,000 in each instance.
7. A Member of the House of Representatives shall treat as
Campaign receipts shall not be included in this report.
campaign contributions all proceeds from testimonial dinners or other
" 'Information filed under Part A shall be maintained by the Com-
fund-raising events if the sponsors of such affairs do not give clear
mittee on Standards of Official Conduct and made available at reason-
notice in advance to the donors or participants that the proceeds are
able hours to responsible public inquiry, subject to such regulations as
intended for other purposes.
the Committee may prescribe including, but not limited to, regulations
requiring identification by name, occupation, address, and telephone
34
35
number of each person examining information filed under Part A and
Congress. Today, that condition still obtains in the House of Repre-
regulations requiring the committee promptly to notify each Member
sentatives.
of the House of Representatives of each instance of an examination of
Cases of breaches of ethics by Members of the House thus far, if
information filed under Part A by such Member.
they appeared to warrant official attention, have been considered
pursuant to resolutions of censure or expulsion in accordance with the
" 'PART B
constitutional power of each House to prescribe rules for the conduct
" '1. List the fair market value (as of the date of filing) of each item
of its Members (art. I, sec. 5). These have been handled through
listed under paragraph 1 of Part A and the income derived therefrom
resolutions offered on the floor or through the creation of select
during the preceding calendar year.
investigating committees.
2. List the amount of income derived from each item listed under
There have been only three instances of expulsion from the House.
paragraphs 2 and 3 of Part A.
All three occurred during the 37th Congress in the Civil War year of
"The information filed under this Part B shall be sealed by the per-
1861. Resolutions to expel have been submitted on various occasions,
son filing and shall remain sealed unless the Committee on Standards
but, except for the three instances, they either failed to receive the
of Official Conduct, pursuant to its investigative authority, determines
necessary two-thirds vote or else a resolution of censure was
substituted.
by a vote of not less than seven members of the Committee that the
examination of such information is essential in an official investigation
There have been 16 instances of censure by the House, the last
by the Committee and promptly notifies the Member concerned of any
one occurring in 1921. The House has imposed censure against a
such determination. The Committee may, by a vote of not less than
Member for (1) unparliamentary language during House proceedings
seven members of the Committee, make public any portion of the
against a fellow Member or against the Speaker, or other disorderly
information unsealed by the Committee under the preceding sentence
conduct; (2) physical assault against another Member for words
and which the Committee deems to be in the public interest.
spoken in debate; (3) treasonable words uttered in the course of
'Any person required to file a report under this Rule who has no
proceedings; (4) presentation of a resolution construed as insulting to
interests covered by any of the provisions of this Rule shall file a
the House; (5) corrupt acts, that is, sale of appointments to service
report SO stating.
academies; distribution of credit mobilier stock to Members below
'In any case in which a person required to file a sealed report under
value in order to influence their actions; (6) abuse of the privilege of
Part B of this Rule is no longer required to file such a report, the Com-
inserting material in the Congressional Record, in this case obscene
mittee shall return to such person, or his legal representative, all sealed
material, and (7) presentation of resolutions of an incendiary nature
reports filed by such person under Part B and remaining in the pos-
purportedly approving "mutiny and murder" in a section of the
session of the Committee.
country then a subject of negotiation between the United States and
Great Britain.
"As used in this Rule-
'(1) the term "Members" includes the Resident Commissioner
There has not been a consistent procedure for the examination of
from Puerto Rico; and
allegations and charges leading to expulsion or censure.
'(2) the term "committees" includes any committee or sub-
Other situations have involved resolutions declaring a Member's
committee of the House of Representatives and any joint com-
seat forfeited because of his acceptance of another Federal office in
mittee of Congress, the expenses of which are paid from the
contravention of article I, section 6, clause 2, of the Constitution.
contingent fund of the House of Representatives.'
The House has refused, also, to readmit a Member whom it would
"(b) Paragraph (a) of clause 16 of Rule XI of the Rules of the House
have expelled for commission of an infamous crime but for his resig-
of Representatives is amended by striking out 'rules, joint rules' and
nation (Hinds' "Precedents of the House of Representatives," vol. I,
sec. 464). It is the custom of the House, however, to defer such final
inserting in lieu thereof 'rules and joint rules (other than rules or joint
rules relating to the Code of Official Conduct or relating to financial
action as expulsion of Members under criminal charges pending
disposition of the cases in the court of last resort (Cannon's "Precedents
disclosure by a Member, officer, or employee of the House of Repre-
sentatives)'.'
of the House of Representatives," vol. VI, sec. 238). Neither will the
House consider expulsion proceedings for offenses committed by
SHORT HISTORY OF RULES OF CONDUCT ENFORCEMENT IN THE HOUSE
Members in preceding Congresses (Hinds', supra, vol. II, secs.
1284-1285).
OF REPRESENTATIVES
Officers of the House have been removed or suspended by vote of
(From Legislative Reference Service, Library of Congress)
the House in acting on reports by standing or select committees, or on
resolutions offered from the floor (Hinds', supra, vol. I, sec. 287).
Prior to July 24, 1965, when, for the first time in the history of the
On one occasion, the House requested Executive authority to prosecute
Congress, the Senate adopted a substitute proposal for Senate Resolu-
its clerk for embezzlement of public funds (Hinds', supra, vol. I, sec.
tion 388 creating its Select Committee on Standards and Conduct
287).
(110 Congressional Record 16939), no institutionalized means of
On another occasion, the House, by resolution, instructed one of its
enforcing standards of conduct had existed in either body of the
standing committees to make an investigation of the conduct of
certain officers of the House while they were officers of the preceding
House (Hinds', supra, vol. III, sec. 2617).
36
37
As respects employees of the House, of its committees, and of
created, or the emoluments whereof shall have been in-
Members, certain statutory provisions relate to aspects of their
creased during such time;
***
dismissal. Employees of Members are subject to removal at any time
by the Member, with or without cause (2 U.S.C. 92). The services of
(4) Article I, section 9, clause 8-
professional members of committee staffs may be terminated by ma-
No title of nobility shall be granted by the United States;
jority vote of the committee (2 U.S.C. 72a(a)). (Note: Clerks are
and no Person holding any Office of Profit or Trust under
usually appointed and dismissed by the chairman with the approval
them, shall, without the consent of the Congress, accept of
of the committee.) (Hinds', supra, vol. IV, sec. 4533; Cannon's, supra,
any present, Emolument, Office, or Title, of any kind what-
vol. VIII, secs. 2206, 2207). Employees of the Clerk, Sergeant at Arms,
ever, from any King, Prince, or foreign State.
Doorkeeper, and Postmaster are subject to removal for violation of
any of the provisions of 2 U.S.C. 85-89 (2 U.S.C. 90). The Committee
(5) Article VI, clause 3-
on House Administration is charged with the duty of inquiring into
The Senators and Representatives before mentioned, and
the enforcement or violation of sections 85-89 (2 U.S.C. 91).
the Members of the several State Legislatures, and all
Aside from acting under such statutory provisions, the House has
executive and judicial Officers, both of the United States
declined to interfere, for instance, with the Clerk's power of removing
and of the several States, shall be bound by Oath or Affirma-
his subordinates (Hinds', supra, vol. I, sec. 249).
tion, to support this Constitution;
***
In addition, Members of Congress, officers, and employees of the
House are subject to various statutes, provisions, and rules relating
B. STATUTES
to ethical conduct listed below, and to the Code of Ethics for Gov-
ernment Service (72 Stat., pt. 2, 812, July ,1958).
(1) CODE OF ETHICS (72 Stat., pt. 2, B 12, July 11, 1958)
In summary, on the whole, there has been no consistent procedure
Resolved by the House of Representatives (the Senate con-
for examining alleged infractions, for recommending changes in or
curring), That it is the sense of the Congress that the follow-
additions to the House rules or regulations respecting ethics, or for
ing Code of Ethics should be adhered to by all Government
initiating enforcement thereof. In some instances, as in regard to the
employees, including officeholders:
enforcement of the Code of Ethics adopted in 1958, no formal pro-
cedure for enforcement has been created.
CODE OF ETHICS FOR GOVERNMENT SERVICE
CONSTITUTIONAL AND STATUTORY PROVISIONS AND RULES OF THE
Any person in Government service should:
HOUSE GOVERNING THE CONDUCT AND ACTIVITIES OF MEMBERS
OF CONGRESS
1. Put loyalty to the highest moral principles and to
country above loyalty to persons, party, or Government
(Compiled by the Library of Congress, Legislative Reference Service,
department.
Robert L. Tienken, Legislative Attorney, American Law Division)
2. Uphold the Constitution, laws, and legal regula-
tions of the United States and of all governments therein
and never be a party to their evasion.
A. CONSTITUTION
3. Give a full day's labor for a full day's pay; giving
(1) Article I, section 5, clause 2-
to the performance of his duties his earnest effort and
best thought.
Each House may determine the Rules of its Proceedings,
4. Seek to find and employ more efficient and economi-
punish its Members for disorderly Behavior, and, with the
Concurrence of two-thirds, expel a member.
cal ways of getting tasks accomplished.
5. Never discriminate unfairly by the dispensing of
(2) Article I, section 6, clause 1-
special favors or privileges to anyone, whether for re-
They shall in all cases, except Treason, Felony and Breach
muneration, or not; and never accept, for himself, or his
of the Peace, be privileged from arrest during their Attend-
family, favors or benefits under circumstances which
ance at the Session of their respective Houses, and in going
might be construed by reasonable persons as influencing
to and returning from the same; and for any Speech or De-
the performance of his governmental duties.
Place. bate in either House, they shall not be questioned in any other
6. Make no private promises of any kind binding on
the duties of office, since a Government employee has no
private word which can be binding on public duty.
(3) Article I, section 6, clause 2-
7. Engage in no business with the Government, either
No Senator or Representative shall, during the Time for
directly or indirectly, which is inconsistent with the
which he was elected, be appointed to any civil office under
conscientious performance of his governmental duties.
the Authority of the United States, which shall have been
8. Never use any information coming to him confi-
dentially in the performance of governmental duties as a
means of making private profit.
38
39
9. Expose corruption wherever discovered.
(10) Federal Crop Insurance Act [7 U.S.C. 1514(f)].-Provides
10. Uphold these principles, ever conscious that a
that section 22 of title 41 shall not apply to any crop insurance
public office is a public trust,
agreements made under chapter 36 of title 7, United States Code
(2) Bribery [18 U.S.C. 201(c)].-Soliciting or receiving a bribe for
(insurance by Federal Crop Insurance Corporation against loss of
being influenced: (1) in the performance of any official act, or (2)
crops planted for harvest in 1948 and thereafter).
for the violation of an official duty, or (3) respecting fraud, on the
(11) Commodity Credit Corporation: Interest of Members of Congress
United States; penalty, $20,000 fine or three times the monętary
(15 U.S.C. 714 ).-Provides that section 22 of title 41 shall apply to
equivalent of the thing of value, whichever is greater, or imprison-
all contracts or agreements by the Commodity Credit Corporation
ment for not more than 15 years, or both, plus possible disqualification
except contracts or agreements of a kind which the corporation may
from holding office.
enter into with farmers participating in a program of the corporation.
(3) 18 U.S.C. 201(g).-Soliciting or receiving anything of value for
(12) U.S. information and educational exchange programs [22 U.S.C.
himself or because of any official act performed or to be performed by
1472 (b)].-Exempts from the provisions of section 22 of title 41,
him; penalty, $10,000 fine, or imprisonment for not more than 2 years,
contracts (including contracts with governmental agencies and inter-
or both.
governmental organizations of which the United States is a member)
(4) Outside compensation for particular services (18 U.S.C. 203 (a))
for the carrying out of its functions.
Soliciting or receiving any compensation for services in relation to
(13) Contracts for flood control (33 U.S.C. 702m).-Provides that
any proceeding, contract, claim, controversy, etc., in which the United
contracts with the United States for the acquisition of land by private
States is a party or has a direct or substantial interest, before any
sale or condemnation for flood control purposes as set forth in the
department, agency, court martial, officer or civil or military commis-
statute shall contain a clause as required by 41 U.S.C. 22.
sion; penalty, $10,000 fine and imprisonment for not more than 2
(14) Indian Claims Commission (25 U.S.C. 700).-Prohibits a
years, or both, plus disqualification from holding office.
Senator, Member, or Delegate to Congress from practicing before the
(5) Practice in Court of Claims (18 U.S.C. 204).Such practice
Commission during his term in office.
forbidden; penalty, $10,000 fine or imprisonment for not more than 2
(15) Specific representation for claims [46 U.S.C. 1223(e)}.-Makes
years, or both, plus disqualification from holding office.
it unlawful for any contractor or charterer who holds any contract
(6) Acceptance or solicitation to obtain appointive public office (18
made under the authority of the Merchant Marine Act to employ any
U.S.C. 211).-Receiving as a political contribution or otherwise, any-
Member of Congress as an attorney either with or without compensa-
thing of value for promising use of or using influence to obtain for any
tion.
person an appointive office or place under the United States; penalty,
(16) Use of name by persons practicing before Government departments
$1,000 fine, or imprisonment for not more than 1 year, or both.
or agencies (5 U.S.C. 101).-Prohibits any person or firm practicing
(7) Contracts (18 U.S.C. 431).-Prohibits contracts with Govern-
before a Government department or agency from using the name of
ment by Members of Congress; penalty, $3,000 fine, and voidance of
any Member.
such contracts. 18 U.S.C. 433 exempts from the provisions of section
(17) Accounting of foreign local currencies [22 U.S.C. 1754(b)].-
431 contracts by the United States with corporations for the general
Requires committee members and employees to make to the chairman
benefit of the corporation, and contracts entered into under the RFC
of such committee an itemized report showing the amounts and dollar
Act, the Agricultural Adjustment Act, the Federal Farm Loan Act,
equivalents of each foreign currency expended and the amounts of
the Emergency Farm Mortgage Act of 1933; the Farm Credit Act of
dollar expenditures made from appropriated funds in connection with
1933, the Home Owners Loan Act of 1933, the Farmers' Home Admin-
travel outside the United States, together with the purposes of the
istration Act of 1946, the Bankhead-Jones Farm Tenant Act.
expenditures including lodging, meals, transportation, and other
(8) Interest of Members of Congress in contracts (41 U.S.C. 22).-
purposes. Committee chairmen prepare consolidated reports of such
Provides that in every contract entered into with the United States,
total expenditures within 60 days of the beginning of each session for
there shall be inserted a provision that no Member shall be admitted
forwarding to the Committee on Appropriations in the Senate, or,
to any share or part of such contract or any benefit to arise thereupon.
respectively, the House Committee on Administration.
Exempted are contracts entered into under the statutes listed in 18
(18) Reports of expenditures as members of American delegations to
U.S.C. 433.
certain international conferences (22 U.S.C. 276c-1).-Requires reports
(9) Commodity Credit Corporation: Insurance of Cotton [7 U.S.C.
of expenditures by Members who are delegates to: the Interparlia-
1383(a), 1386].-Section 1383(a) authorizes the Commodity Credit
mentary Union, the NATO Parliamentarian's Conference, the Canada-
Corporation to place insurance of every nature taken out by it on
United States Interparliamentary Group, the Mexico-United States
cotton, with insurance agents who are bona fide residents of and
Interparliamentary Group, or any similar interparliamentary group
doing business in the State where the cotton is warehoused. Section
of which the United States is a member. Such reports to be filed with
1386 provides that section 22 of title 41, and sections 431 and 433
the chairman of the Senate Foreign Relations and House Foreign
of title 18 shall be applicable to loans or payments made under
Affairs Committee, respectively. Such chairmen report respective con-
section 1383(a).
solidated statements within 60 days of the beginning of each session.
10
40
41
The Senate report is filed with the Senate Appropriations Committee,
(28) Soliciting or receiving political contributions in a Federal
the House report with the House Administration Committee.
building (18 U.S.C. 603).-Prohibited by persons mentioned in 18
(19) Deductions of pay for absence from Congress (2 U.S.C.
U.S.C. 602; penalty, fine of not more than $5,000 or imprisonment
Provides for deductions from the monthly salaries of Members for
for not more than 3 years, or both.
each day of absence from the Senate or House unless the reason
(29) Solicitation of political contríbutions from persons on relief (18
assigned is illness of the Member or his family.
U.S.C. 604).-Solicitation or receipt of assessments, contributions,
(20) Deductions for delinquent indebtedness (2 U.S.C. 40a).-Pro-
etc., for political purposes from persons known by solicitor to be
vides for deductions from any salary, mileage, or expense money due
receiving benefits or compensation provided by a Federal act appro-
any Member for any delinquent indebtedness owed by a Member to
prlating funds for work relief, or relief purposes, is punishable by fine
the Senate or House.
of not more than $1,000, or imprisonment of not more than 1 year,
(21) Employment by Members. of clerks in, Washington, D.C., or
or both.
in home district, Only, (H. Res. 294, 88th Cong.,* 110 Cong, Rec. 19710-
(30) Solicitation of political contributions from corporations or labor
19711; H. Res. 7, 89th Cong., 111 Cong. Rec. 21; made permanent law,
unions (18 U.S.C. 610).-Prohibits solicitation or receipt from na-
79 Stat. 281, 89-90, July 27, 1965).-Provides that no person
tional banks, corporations, and labor unions, of political contributions
employed by a Member shall be paid from any clerk hire allowance
for use in any primary, convention, caucus; or general election in-
if such person does not perform the services for which he receives
volving Federal office. Penalty for such conduct-fine of not more
such compensation in the offices of such Member in Washington,
than $1,000, or imprisonment of not more than 1 year, or both; and
D.C., or in the State or the district which such Member represents.
if violation is willful, fine of not more than $10,000 or imprisonment
(22) Franking privilege.-Each Member may send under frank,
of not more than 2 years, or both.
official business mail (39 U.S.C. 4161), public documents (39 U.S.C.
(31) Soliciting political contributions from persons or firms having
4162), the Congressional Record (39 U.S.C. 4163), and seeds and
contracts with the United States (18 U.S.C. 611).-Penalty for such
reports from the Department of Agriculture (39 U.S.C. 4164), only.
conduct, fine of not more than $5,000, or imprisonment for not more
(23) Academy appointments.-Each Member of the House is
than 5 years, or both.
limited to Academy appointments from his own congressional district
(32) Paying either for registration or voting in Federal primaries and
(10 U.S.C. 4342, Military Academy) U.S.C. 6958, Naval Academy)
elections [Voting Rights Act, 1965, 79 Stat. 443, sec. 11(c)].-Prohibits
(10 S.C. 9342, Air Force Academy).
paying or offering to pay either for registration or voting in Federal
(24) Filing of accounts under Corrupt Practices Act (2 U.S.C. 246),
primaries and elections. Penalty is fine of not more than $10,000, or
Requires filing by each candidate for Senate and House, a list, of
imprisonment of not more than 5 years, or both.
contributions received by him, a list of campaign expenditures, with
designated exceptions, a statement of every promise made by him or
C. RULES
any person for him relative to appointment of persons to any public or
(a) House of Representatives
private employment, for the purpose of securing support in his
(1) Applicability of "Jefferson's Manual"-House Rule XIII.-
candidacy.
Provides that rules of parliamentary practice comprised in "Jefferson's
(25) Limitations on campaign expenditures (2 U.S.C. 248).-Limits
Manual" shall govern the House in all cases to which they are appli-
campaign expenditures to, amounts prescribed by State laws and by
cable, and in which they are not inconsistent with the standing rules
Corrupt Practices Act. Sets forth exceptions regarding items of
and orders of the House.
expenditure.
(2) Disqualification in voting-Rule VI I, section 1.-Provides that
(26) Promises or pledges by candidate (2 U.S.C. 249).-Prohibits
a Member shall not vote on a question where he has a direct personal
candidates for election to Congress from promising or pledging directly
or pecuniary interest. See also "Jefferson's Manual" ("House Rules
or indirectly, the appointment or use of his influence or support for
Manual", par. 376).
the appointment of any person to any public or private employment,
(3) Speaker shall preserve order and decorum-Rule I, section 2.
for the purpose, of procuring support in his candidacy; penalties,
(4) Decorum and debate-Rule XIV.-
2 U.S.C. 252-provides fine of not more than $1,000 or imprisonment
for not more than 1 year, or both, for violations of the above provisions,
Section 1: Obtaining the floor and method of address ("confine
and a fine of not more than $10,000 and imprisonment for not more
himself to the question under debate, avoiding personality").
than 2 years for willful violations. See also 18 U.S.C. 599 as to
Section 4: Call to order of a Member on his transgressing the
penalty for promises of appointment by a candidate.
rules during sessions.
(27) Solicitation or receipt of political contributions by a Member or
Section 5: Words taken down if a Member is called to order.
a candidate from Federal employees (18 U.S.C. 602),-Such solicitation
Section 7: Prohibition on exiting while Speaker is putting the
or receipt is punishable by a fine of not more than $5,000, or by
question; prohibition on passing between a Member who has the
imprisonment for not more than 3 years, or both.
floor and the Chair while the Member is speaking; prohibition
against wearing a hat or smoking while on the floor (as respects
42
43
movement while the House is telling, see "Jefferson's Manual"
Section 3: No offensive reference to any State.
["House Manual", par. 506]).
Sections 4 and 5: Procedure for calling a Senator to order if he
Section 8: Prohibition against introducing to the House or
transgresses the rules of the Senate.
calling attention of the House, during a session, to people in the
Section 7: Prohibition against introducing people in the galleries
galleries.
or calling attention to them.
(5) Prohibition against speaking impertinently, or beside the ques-
(3) Procedure for conducting executive sessions.-Rule XXXVI.-
tion, superfluously or tediously-("Jefferson's Manual," see "House
Section 3: Secrecy of communications from the President.
Manual," par. 359).
Section 4: Expulsion for disclosure of secret proceedings.
(6) Prohibition against use of indecent language against the pro-
ceedings of the House; no reflections on prior determinations, unless a
motion to rescind is intended ("Jefferson's Manual," see "House
Manual," par. 360).
(7) Prohibition against mentioning Member by name, or reviling,
nipping or using unmannerly words against him ("Jefferson's Manual,'
see "House Manual," par. 361).
(8) No arraigning the motives of those proposing a measure ("Jeffer-
son's Manual," par. 361).
(9) No disturbing another Member in his speech by hissing, cough-
ing, spitting, speaking or whispering to another, etc. ("Jefferson's
Manual," see "House Manual," par. 364).
(10) Requiring a Member to withdraw where he has persisted
despite repeated calls to order ("Jefferson's Manual," see "House
Manual," par. 366).
(11) No criticism of the Senate ("Jefferson's Manual," see "House
Manual," par. 371), nor personal abuse, innuendo or ridicule of the
President ("Jefferson's Manual," see "House Manual," par. 370).
OL
(12) No Member to be present when a bill or any business concerning
himself is debating, although he may be heard in certain instances
("Jefferson's Manual," see "House Manual," par. 375).
(13) Proceedings against a Member by the House, not by a com-
mittee ("Jefferson's Manual," see "House Manual," par. 321).
(14) Rule on questions of privilege-House Rule IX,
(15) Absence of privilege for speeches made outside the House
("Jefferson's Manual," see "House Manual," par. 302).
(16) Punishment by House of a Member for things of which the
House has cognizance ("Jefferson's Manual," see "House Manual,"
par. 303-307).
COMMITTEE ОИ OL OLEICIVE
(NoTE.-On January 31, 1963, the House restricted travel by
members of the House Committee on Agriculture, Banking and Cur-
rency, Education and Labor, and Judiciary, to the United States,
but the Rules Committee has permitted specific requests for members
of such committees to attend specific functions abroad; see Congres-
sional Quarterly, week of April 19, 1963, No. 16, p. 631.)
(b) Senate
(1) Self-disqualification in Vóting-Rule XII, section 2.-Requires
statement of reasons for declining to vote. Provides for Senate per-
mission to excuse a Senator from voting.
(2) Debates and decorum.-Rule XIX.-
Section 1: Form of address and rule on interruption.
Section 2: No imputation of unworthy motive or conduct to
another Senator.
FORD
&
LORARY
GERALD
COMMITTEE ON STANDARDS OF OFFICIAL CONDUCT
OUTSIDE
MEMBERS
STUDY OF
PRIOR WORK
COORDINATE
PRIOR AND
WITNESS
TESTIMONY
STATES AND
BY SELECT
WITH SENATE
PENDING
TESTIMONY
OTHER CODES
COMMITTEE
COMMITTEE
LEGISLATION
SOURCE MATERIALS
COMMITTEE DELIBERATES AND DRAFTS REPORTS.
H. RES. 418 DIRECTS RECOMMENDING "SUCH CHANGES IN
LAWS, RULES AND REGULATIONS AS NECESSARY TO..."
ENFORCE
ESTABLISH
STANDARDS OF OFFICIAL CONDUCT
RECOMMEND INVESTIGATIVE JURISDICTION
RECOMMEND LEGISLATIVE JURISDICTION,
THIS MUST KK CONSIDERED IN TWO ASPECTS:
OR OTHERWISE DEFINE STANDARDS SUM OF ALL LMS,
RULES, REGULATIONS, AND CODE ENHICS THAT AFFECT
NEMBERS OF THE HOUSE. INCLUDING BUT NOT LIMITED TO..
INVESTIGATIVE JURISDICTION ONLY
STATUTORY
PROVISIONS
EXISTING
PROPOSED
CONSTITUTIONAL PROVISIONS
Code of Ethies (72 Stat. Pt. 2. B12, 7/11/50)
ARTICLE I, SECTION CLAUSE
SECTION CLAUSES AND
Bribery and Other Conflicts (18 U.S.C. 201, 203, 204, 211,
SECTION 9, CLAUSE 8
431, 433, 602, 603, 604, 610, 611)
ARTICLE VI
Contracts Interest (41 U.S.C. 22: 22 U.S.C. 1472(b):
CLAUSE 3
33 U.S.C. 702m
TOGETHER
Franking Privilege (39 U.S.C. 4161-4164)
THESE CONSTITUTE
Employment of Clerks (P.L. 89-90, 7/27/65)
EXISTING
Deductions-Absence and Debt (2 U.S.C. 39 40a)
RULES OF THE HOUSE:
Ceusterpart--Fereige Accounting [22 U.S.C. 1754(b)
"STANDARDS
22 U.S.C. 276(c)-1]
RULE KIII: RULE VIII SECT. 11 RIELE SECT. 2,
RULE
XIV
SECTS
1.
PARAGRAPHS 302, 303-307, 321, 359-361, 363, 364,
OF OFFICIAL
Corrupt Practices, etc. (2 U.S.C. 246, 248 € 249)
366, 370, 371, 375
Paying for Registration or Veting [79 Stat. 443, 11(c)]
RULE IX
CONDUCT
Agency Connections [00C-7 U.S.C. 1383(e); 1386]--[FCIA-
7 0.S.C. 1514(f)] (15 D.S.C.`7142)
Indian Claims Commission-(25 U.S.C. 70e)
PROPOSED RULE CHANGES
Representation Claims (46 U.S.C. 1223(e)]
Use of Name (5 U.S.C. 101)
INVESTIGATION
CHARGES OF VIOLATIONS OF ETHICS,
HOUSE RULES, AND CONSTITUTIONAL PROVISIONS
CHARGES OF SPECIFIC VIOLATIONS OF LAW
COMMITTEE EVALUATES AND
MOVES TO DISMISS, INVESTIGATE
OR SEPARATE ALLEGATION INTO
COMPONENTS AND REFER
APPROPRIATE PORTIONS
SUBCOMMITTEE OF CHAIRMAN AND
VICE CHAIRMAN, MEET WITH SUBJECT,
OTHERWISE ASSESS THE ALLEGATION
AND RECOMMEND TO FULL COMMITTEE
ACTION BE TAKEN
45
COMMITTEE MAY
MEMBER MAY
MAKE INQUIRY
PROCESSING OF ALLEGATION AND
ALSO REQUEST
ON ITS OWN
FORMAL MOTION BY COMMITTEE TO
ADVISORY OPINIONS
INLATIVE
EVALUATE THE ALLEGATION
as "ETHICS"
MATTERS
PASS RESOLUTION:
PASS RESOLUTION:
RECOMMENDING DISMISSAL OF CHARGES
RECOMMENDING DISMISSAL OF CHARGES
RECOMMENDING REPRIMAND
2.
RECOMMENDING FORWARDING OF INFORMATION
RECOMMENDING CENSURE
DEVELOPED TO APPROPRIATE ENFORCEMENT
RECOMMENDING EXPULSION
BRANCH
FINDINGS
FORMAL MEANS AND
FINDINGS
CONDITIONS ON
ACCEPTANCE OF
ALLEGATIONS
ENFORCEMENT PROCEDURE
COMMENCES HERE
REPORT OF GENERAL GEORGE OLMSTED
TREASURER
NATIONAL REPUBLICAN CONGRESSIONAL COMMITTEE
TO THE
CLERK OF THE HOUSE OF REPRESENTATIVES
arober 20 TO OCT. 25
FOR THE PERIOD MARCH 1, 1970 TO MAY 31, 1970, INCLUSIVE
R FORD Liconne
GERALD
DISBURSEMENTS
6 The C&P Telephone Company, Washington, D. C., Telephone
$
25.12
rch
6 Washington Capital News Service, New York, N.Y., News Service
216.00
108.00
6 Mr. P. H. Ibel, New York, N. Y., News Service
6 Chittenden Press Service, Inc., Washington, D. C., News Service
190.00
6 Postmaster, Washington, D. C., Newsletter Postage
5,000.00
6 Academy Photo Offset, Inc., New York, N.Y., Printing Costs
517.24
16.00
6 Edwin D. Neff, Washington, D. C., Travel Expense
6 H. A. Post Associates, Washington, D. C., Printing & Duplicating Costs
792.22
6.00
6 Mrs. Charles Drago, Washington, D. C., Professional Services
12.48
9 National Camera, Washington, D. C., Supplies !
8.50
9 Forbes, New York, N.Y., Subscriptions & Publications
9 Clifford Prosser, Jr., Alexandria, Virginia, Professional Services
23.10
26.00
9 John Lofton, Washington, D. C., Travel Expense
9 Pepsi-Cola Bottling Co. of Wash. D. C., Inc., Hyattsville, Maryland,
54.55
Employees Office Expense
16.60
9 L. David Leroy, Washington, D. C., Travel Expense
9 Hertz System, Inc., New York, N. Y., Travel Expense
132.43
9 Patty Waltman, New York, N. Y., Postage & Mailing, & Professional
132.72
Services
20.00
9 Michael Senko, Silver Springs, Maryland, Travel Expense
9 Auto-Letter, Inc., Silver Spring, Maryland, Professional Services
41.78
9 Sony Corporation, Silver Spring, Maryland, Executive Repair
75.00
101.50
9 Hon. Richard Poff, Washington, D. C., Radio-TV Costs
9 Pacific Southwest Airlines, San Diego, California, Travel Expense
15.50
9 The Barton, Duer, & Koch Paper Co., Cheverly, Maryland, Supplies
388.78
64.43
9 Federal Supply Company, Washington, D. C., Supplies
10 Printing Union No. 72., Washington, D. C., Salary (Union Dues)
12.95
10 Washington Capital News Service, New York, N.Y., News Services
108.00
100.00
10 Hugh D. MacLean, Arlington, Virginia, Professional Services
10 The C&P Telephone Company, Washington, D. C., Telephone
458.47
21.18
10 The C&P Telephone Company, Washington, D. C., Telephone
10 Capitol Printing Ink Company, Inc., Washington, D. C., Supplies
98.80
10 Norelco Service, Inc., Washington, D. C., Furniture & Equipment
12.74
10 R.P. Andrews Paper Company, Washington, D. C., Printers' Supplies
1,017.33
10 Western Union, Washington, D. C., Telephone & Telegraph
6.51
10 Auto-Letter, Inc., Silver Spring, Maryland, Printing & Duplication Costs
98.76
10 Lamb Seal & Stencil Co., Inc., Washington, D. C., Professional Services.
18.20
200.00
11 Mrs. Virginia Zertuche, Washington, D. C., Professional Services
89.00
11 Hon. Wendell Wyatt, Washington, D. C., Radio-TV Costs
11 Hon. William Wampler, Washington, D. C., Radio-TV Costs
500.00
11 Hon. Albert Watson, Washington, D. C., Radio-TV Costs
73.00
58.00
11 Hon. Larry Winn, Washington, D. C., Radio-TV Costs
11 Hon. Fletcher Thompson, Washington, D. C., Radio-TV Costs
89.50
11 Hon. Vernon Thompson, Washington, D. C., Radio-TV Costs
23.50
6.00
11 Hon. Chalmers Wylie, Washington, D. C., Radio-TV Costs
44.50
11 Hon. John Zwach, Washington, D. C., Radio-TV Costs
43.00
11 Hon. Durward Hall, Washington, D. C., Radio-TV Costs
25.00
11 Hon. James Harvey, Washington, D. C., Radio-TV Costs
9.50
11 Hon. James Grover, Washington, D. C., Radio-TV Costs
50.00
11 Hon. Wylie Mayne, Washington, D. C., Radio-TV Costs
61.00
11 Hon. John Hunt, Washington, D. C., Radio-TV Costs
GERATO
120.00
11 Hon. Manuel Lujan, Washington, D. C., Radio-TV Costs
407.90
11 Hon. John B. Anderson, Washington, D. C., Radio-TV Costs
30.00
11 Hon. Robert McClory, Washington, D. C., Radio-TV Costs
REPORT OF GENERAL GEORGE OLMSTED
con
TREASURER
NATIONAL REPUBLICAN CONGRESSIONAL COMMITTEE
TO THE
CLERK OF THE HOUSE OF REPRESENTATIVES
OFFICER 20 TO AT. 25
FOR THE PERIOD MARCH 1, 1970 TO MAY 31, 1970, INCLUSIVE
GERALD 1894817 FORD
DISBURSEMENTS
$
25.12
6 The C&P Telephone Company, Washington, D. C., Telephone
216.00
rch
6 Washington Capital News Service, New York, N.Y., News Service
108.00
6 Mr. P. H. Ibel, New York, N. Y., News Service
6 Chittenden Press Service, Inc., Washington, D. C., News Service
190.00
5,000.00
6 Postmaster, Washington, D. C., Newsletter Postage
6 Academy Photo Offset, Inc., New York, N.Y., Printing Costs
517.24
16.00
6 Edwin D. Neff, Washington, D. C., Travel Expense
6 H. A. Post Associates, Washington, D. C., Printing & Duplicating Costs
792.22
6.00
6 Mrs. Charles Drago, Washington, D. C., Professional Services
12.48
9 National Camera, Washington, D. C., Supplies
8.50
9 Forbes, New York, N.Y., Subscriptions & Publications
9 Clifford Prosser, Jr., Alexandria, Virginia, Professional Services
23.10
26.00
9 John Lofton, Washington, D. C., Travel Expense
9 Pepsi-Cola Bottling Co. of Wash. D.C., Inc., Hyattsville, Maryland,
94.55
Employees Office Expense.
16.60
9 L. David Leroy, Washington, D. C., Travel Expense
132.43
9 Hertz System, Inc., New York, N. Y., Travel Expense
9 Patty Waltman, New York, N. Y., Postage & Mailing, & Professional
132.72
Services
20.00
9 Michael Senko, Silver Springs, Maryland, Travel Expense
41.78
9 Auto-Letter, Inc., Silver Spring, Maryland, Professional Services
9 Sony Corporation, Silver Spring, Maryland, Executive Repair
75.00
101.50
9 Hon. Richard Poff, Washington, D. C., Radio-TV Costs
9 Pacific Southwest Airlines, San Diego, California, Travel Expense
15.50
9 The Barton, Duer, & Koch Paper Co., Cheverly, Maryland, Supplies
388.78
64.43
9 Federal Supply Company, Washington, D. C., Supplies
10 Printing Union No. 72., Washington, D. C., Salary (Union Dues)
12.95
108.00
10 Washington Capital News Service, New York, N.Y., News Services
100.00
10 Hugh D. MacLean, Arlington, Virginia, Professional Services
458.47
10 The C&P Telephone Company, Washington, D. C., Telephone
21.18
10 The C&P Telephone Company, Washington, D. C., Telephone
98.80
10 Capitol Printing Ink Company, Inc., Washington, D. C., Supplies
12.74
10 Norelco Service, Inc., Washington, D. C., Furniture & Equipment
10 R.P. Andrews Paper Company, Washington, D. C., Printers' Supplies
1,017.33
6.51
10 Western Union, Washington, D. C., Telephone & Telegraph
10 Auto-Letter, Inc., Silver Spring, Maryland, Printing & Duplication Costs
98.76
10 Lamb Seal & Stencil Co., Inc., Washington, D. C., Professional Services.
18.20
200.00
11 Mrs. Virginia Zertuche, Washington, D. C., Professional Services
89.00
11 Hon. Wendell Wyatt, Washington, D. C., Radio-TV Costs
500.00
11 Hon. William Wampler, Washington, D. C., Radio-TV Costs
73.00
11 Hon. Albert Watson, Washington, D. C., Radio-TV Costs
58.00
11 Hon. Larry Winn, Washington, D. C., Radio-TV Costs
89.50
11 Hon. Fletcher Thompson, Washington, D. C., Radio-TV Costs
23.50
11 Hon. Vernon Thompson, Washington, D. C., Radio-TV Costs
6.00
11 Hon. Chalmers Wylie, Washington, D. C., Radio-TV Costs
44.50
11 Hon. John Zwach, Washington, D. C., Radio-TV Costs
43.00
11 Hon. Durward Hall, Washington, D. C., Radio-TV Costs
25.00
11 Hon. James Harvey, Washington, D. C., Radio-TV Costs
9.50
11 Hon. James Grover, Washington, D. C., Radio-TV Costs
50.00
11 Hon. Wylie Mayne, Washington, D. C., Radio-TV Costs
61.00
11 Hon. John Hunt, Washington, D. C., Radio-TV Costs
120.00
11 Hon. Manuel Lujan, Washington, D. C., Radio-TV Costs
407.90
11 Hon. John B. Anderson, Washington, D. C., Radio-TV Costs
30.00
11 Hon. Robert McClory, Washington, D. C., Radio-TV Costs
TITLE 2-THE CONGRESS
1970
1241
8
THE CONGRESS
attendance, and the further sum of
ily traveled in going and returnies
CHAPTER 8.-FEDERAL CORRUPT PRACTICES
E
ained and certified by the officer 4
Sec.
be paid by the party at whose instruct
Definitions.
247.
Statements;
verification:
Eling:
R. S. § 128.)
Chairman and treasurer of political
preservation; inspection.
committee; duties as to contribu-
243. Limitation upon amount of expendi-
orical Note
tions; accounts and receipts.
tures by candidate.
Accounts of contributions received.
249. Promises or pledges by candidate.
d from Act Feb. 19, 1851, c. 11, $ 11, D Sta: in
Statements by treasurer filed with
250. Expenditures to influence voting.
Clerk of House of Representatives.
251. Contributions by national banks or
of Decisions
Statements by others than political
other Federal corporations; pen-
es- and while either House has the underse
committee filed with Clerk of
alty.
his ed right to require the personal stirch
House of Representatives.
252. General penalties for violations.
of- ance of witnesses before its committees
Statements by candidates for Sena-
253. Expenses of election contests.
ec- there is no provision or statute for NT.
tor, Representative, Delegate, or
254. State laws not affected.
at- ment of their fees as such witnessez. E:
Resident Commissioner filed with
255. Partial invalidity.
ore ley's Case (1STS) 14 Ct. CL 540.
Secretary of Senate and Clerk of 256. Citation.
iss,
House of Representatives.
h judge, justice, chancellor, chief ex-
Section 241. Definitions. When used in this chapter-
referee in bankruptcy, notary public.
(a) The term "election" includes a general or special election, and,
shall be necessarily employed pur-
in the case of a Resident Commissioner from the Philippine Islands,
Does
not
chapter, and all sheriffs, constables.
tan election by the Philippine Legislature, but does not include a
nployed to serve any subpæna or no-
cover
primary election or convention of a political party;
entitled to receive from the party at
or converted
(b) The term "candidate" means an individual whose name is pre-
have been performed such fees as are
sented at an election for election as Senator or Representative in, or
the State wherein such service may
Delegate or Resident Commissioner to, the Congress of the United
States, whether or not such individual is elected;
orical Note
(c) The term "political committee" includes any committee, associa-
from Act Feb. 19, 1851, C. 11, I 11, 9 Stat. 5T0.
ation, or organization which accepts contributions or makes expenditures
for the purpose of influencing or attempting to influence the election of
of contest for seat in House. No con-
candidates or presidential and vice presidential electors (1) in two or
in the House of Representatives shall
more States, or (2) whether or not in more than one State if such com-
enses in election contests; and before
mittee association, or organization (other than a duly organized State
d to a contestant or contestee for ex-
or local committee of a political party) is a branch or subsidiary of a
hall file with the clerk of the Commit-
national committee, association, or organization;
ailed account of his expenses, accom-
(d) The term "contribution" includes a gift, subscription, loan, ad-
eceipts for each item, which account
vance, or deposit, of money, or anything of value, and includes a con-
o by the party presenting the same,
tract, promise, or agreement, whether or not legally enforceable to make
shall be allowed in said accounts un-
a contribution;
to section 224 of this title. (R. S. §
(e) The term "expenditure" includes a payment, distribution, loan,
Stat. 400.)
advance, deposit, or gift, of money, or any thing of value, and includes
orical Note
a contract, promise, or agreement, whether or not legally enforceable,
ol- from Act of March 3. 1873, c. 226, 17 Stat.
to make an expenditure;
by
490, § 1.
(f) The term "person" includes an individual, partnership, commit-
Ite
While R S. $ 130 has not been repealed,
er it was in effect superseded by a provision
tee, association, corporation, and any other organization or group of
K- of the Act of March 3, 1879, c. 182, which
persons;
d- constitutes the text.
(g) The term "Clerk" means the Clerk of the House of Representa-
ed
tives of the United States;
70
(h) The term "Secretary" means the Secretary of the Senate of the
United States;
(i) The term "State" includes Territory and possession of the United
States. (June 25, 1910, c. 392, §§ 1, 8, 36 Stat. 822*; Aug. 19, 1911, c.
824" should be added.
71
FORD
LISHA
$ 241
TITLE 2.-THE CONGRESS
Ch. 8
Ch. 8
33, $ 2, 37 Stat. 26; Aug. 23, 1912, c. 349, 37 Stat. 360; Feb. 28, 1925,
half of
c. 368, Title III, § 302, 43 Stat. 1070.)
shall pr
Historical Note
this sec
This chapter is ther."Federal Corrupt Practices Act of 1925." An earlier act en-
filing of
acted June 25, 1910, c. 392, was with all amendments thereto expressly repealed by
§§ 2, 3,
the later act.
Notes of Decisions
1071.)
1. Power of Congress.-The power, nn-
court or grand jury over the subject-mat-
der the Constitution of the United States,
$ 243.
ter that is under inquiry."
of Congress to make such provisions as
ceives :
are necessary to secure the fair and honest
2. Primary election as "election."-The
word "election" as used without qualifica-
the trea
conduct of an election at which a member
of Congress is elected cannot be ques-
tion, refers to a general election and not
such CO
tioned. Ex parte Coy (Ind. 1888) 127 U. S.
to a primary election. U. S. V. O'Toole (D.
includi
731, 8 S. Ct. 1263, 32 L. Ed. 274.
C. W. Va. 1916) 236 F. 993.
The Corrupt Practice Act of 1910 rec-
tion, an
In Blair V. U. S. (N. Y. 1919) 250 U. S.
273, 39 S. Ct. 468, 63 L. Ed. 979, affirming
ognizing primary elections and limiting
Stat. 82
(D. C. 1918) 253 F. 800, the constitu-
the expenditures of candidates for senator
in connection with them was held not in
tionality of the Corrupt Practice Act of
1910 was challenged by witnesses sum-
effect an adeption by Congress of all
§ 244.
state primary laws. U. S. V. Gradwell
sentati
moned to testify before a grand jury in an
investigation instituted thereunder, but
1917) 243 U. S. 476, 37 S. Ct. 407, 61 L. Ed.
the Cle
the question was not passed on, the court
857, affirming (D. C. R. I. 1916) 234 F.
446, and U. S. Y. O'Toole (D. C. W. Va.
ber, in
holding that witnesses had no power to
1916) 236 F. 993.
raise it, and saying: "The same consti-
5th day
tutional question was stirred in U. S. V.
3. Mandamus.-Under the Corrupt Prac-
held, at
Gradwell (R. I. 1917) 243 U. S. 476, 487, 37
tice Act of 1910, it was held that there was
also on
S. Ct. 407, 61 L Ed. 857, 865, but its de-
no remedy given by mandamus to enforce
of the
termination was unnecessary for the deci-
the previsions of the Act. In re Higdon
sion of the case, and for this reason it was
(D. C. Mo. 1920) 269 F. 152. The court
(1)
left undetermined, as the opinion states.
said: "Enforcement is by indictment and
tion to
Considerations of propriety, as well as
trial in the customary way. No remedy
long-established practice, demand that we
by original action in mandamus is given
amount
refrain from passing upon the constitu-
those injured. The proceeding here is
with th
tionality of an act of Congress unless
neither an inquiry by a grand jury nor
(2)
obliged to do so in the proper perform-
the trial of a criminal case under those
ance of our judicial function, when the
acts. Though Congress might provide for
tee dur
question is raised by a party whose inter-
federal supervision of all elections, pri-
(3)
ests entitle him to raise it. We do not
mary, general, and special, relating to
tee dur
think the present parties are so entitled,
nomination and election to office under the
wince a brief consideration of the relation
Constitution and laws of the United
(4)
of a witness to the proceeding in which he
States, and provide for enforcement there-
in one
is called will suffice to show that he is not
of by mandamus, or any other suitable
endar 3
interested to challenge the jurisdiction of
remedy, it has not done so."
mittee,
§ 242. Chairman and treasurer of political committee; duties as to
(5)
commi
contributions; accounts and receipts. (a) Every political commit-
tee shall have a chairman and a treasurer No contribution shall be
graph
accepted, and no expenditure made, by or on behalf of a political com-
(6)
mittee
mittee for the purpose of influencing an election until such chairman
(b)
HA
and treasurer have been chosen.
cumula
(b) It shall be the duty of the treasurer of a political committee
there 1
to keep a detailed and exact account of-
only tl
(1) All contributions made to or for such committee;
(c)
(2) The name and address of every person making any such contri-
preced
bution,
and
the
Aug. 1
(3) All expenditures made by or on behalf of such committee; and
305, 4:
(4) The name and address of every person to whom any such ex-
penditure is made, and the date thereof.
$ 245
(c) It shall be the duty of the treasurer to obtain and keep a re-
Clerk
ceipted bill, stating the particulars, for every expenditure by or on be-
litical
72
FORD
st
BALD
Ch. 8
TITLE 2-THE CONGRESS
§ 245
Ch. 8
S60; Feb. 28, 1925,
half of a political committee exceeding $10 in amount. The treasurer
shall preserve all receipted bills and accounts required to be kept by
this section for a period of at least two years from the date of the
filing of the statement containing such items. (June 25, 1910, c. 392,
E
1025." An enriler net es.
§§ 2, 3, 36 Stat. 823; Feb. 28, 1925, c. 368, Title III, § 303, 43 Stat.
expressly repealed by
1071.)
jury over the subject-mat.
$ 243. Accounts of contributions received. Every person who re-
inquiry."
ceives a contribution for a political committee shall, on demand of
lection as "election."-Tha
the treasurer. and in any event within five days after the receipt of
as used without qualidca-
such contribution. render to the treasurer a detailed account thereof,
a general election and not
lection. U. S. V. O'Tople (D.
including the name and address of the person making such contribu-
236
F.
993.
tion, and the date on which received. (June 25, 1910, c. 392, § 4, 36
Practice Act of 1010 see-
elections and limiting
Stat. 823; Feb. 28, 1925, c. 368, Title III, § 304, 43 Stat. 1071.)
of candidates for Senator
with them was held not in
§ 244. Statements by treasurer filed with Clerk of House of Repre-
by Congress of all
laws. U. S. v. Gradwell
sentatives. (a) The treasurer of a political committee shall file with
476, 37 S. Ct. 407, C1 L. Ed.
the Clerk between the 1st and 10th days of March June and Septem-
(D. C. R. I. 1916) 234 F.
ber. in each year. and also between the 10th and 15th days, and on the
V. O'Toole (D. C. W. Vn
5th day. next preceding the date on which a general election is to be
held, at which candidates are to be elected in two or more States, and
the Corrupt Prac-
it was held that there was
also on the 1st day of January, a statement containing, complete as
by mandamus to enforce
of the day next preceding the date of filing-
of the Act. In re Higdon
200 F. 152. The court
(1) The name and address of each person who has made a contribu-
is by indictment and
tion to or for such committee in one or more items of the aggregate
istomary way. No remedy
amount or value, within the calendar year, of $100 or more, together
In mandamus is given
The proceeding here is
with the amount and date of such contribution;
by a grand jury nor
(2) The total sum of the contributions made to or for such commit-
criminal case under those
tee during the calendar year and not stated under paragraph (1) ;
Congress might provide for
of all elections, pri-
(3) The total sum of all contributions made to or for such commit-
and special, relating to
tee during the calendar year;
election to office under the
and laws of the United
(4) The name and address of each person to whom an expenditure
for enforcement there-
in one or more items of the aggregate amount or value. within the cal-
or any other suitable
endar year, of $10 or more has been made by or on behalf of such com-
not
done
so."
mittee, and the amount, date, and purpose of such expenditure;
(5) The total sum of all expenditures made by or on behalf of such
ommittee; duties as to
committee during the calendar year and not stated under para-
very political commit-
contribution shall be
graph (4);
(6) The total sum of expenditures made by or on behalf of such com-
half of a political com-
mittee during the calendar year.
until such chairman
(b) The statements required to be filed by subdivision (a) shall be
cumulative during the calendar year to which they relate, but where
a political committee
there has been no change in an item reported in a previous statement
only the amount need be carried forward.
mmittee;
(c)
The statement filed on the 1st day of January shall cover the
any such contri-
preceding calendar year (June 25, 1910, C. 392, 88 5, 6, 36 Stat. 823;
Aug. 19, 1911, c. 33, § 1, 37 Stat. 25; Feb. 28, 1925, c. 368, Title III, §
such committee; and
305, 43 Stat. 1071.)
to whom any such ex-
§ 245. Statements by others than political committee filed with
obtain and keep a re-
Clerk of House of Representatives. Every person (other than a po-
penditure by or on be-
litical committee) who makes an expenditure in one or more items.
73
FORD
SERALD
§ 246
TITLE 2.-THE CONGRESS
Ch. 9
Ch. 8
other than by contribution to a political committee, aggregating $50
or more within a calendar year for the purpose of influencing in
conventions it was h
at the time it was ende
two or more States the election of candidates, shall file with the Clerk
of power which Coag
an itemized detailed statement of such expenditure in the same man-
elections for Senators
ner as required of the treasurer of a political committee by section
was U. S. Const., Art.
lated the manner of ho
244 of this title. (June 25, 1910, c. 392, § 7, 36 Stat. 824; Feb. 28,
and the language of
1925, c. 368, Title III, § 306, 43 Stat. 1072.)
provision was not broa
§ 246. Statements by candidates for Senator, Representative, Dele-
§ 247. Statemer
gate, or Resident Commissioner filed with Secretary of Senate and
A statement requ
Clerk of House of Representatives. (a) Every candidate for Senator
treasurer of a pol
shall file with the Secretary and every candidate for Representative,
Secretary, as the
Delegate, or Resident Commissioner shall file with the Clerk not
(a) Shall be ve
less than ten nor more than fifteen days before, and also within
such statement, to
thirty days after, the date on which an election is to be held, a state-
(b) Shall be de
ment containing, complete as of the day next preceding the date of
post office within f
filing-
rected to the Clerl
(1) A correct and itemized account of each contribution received by
but in the event i
him or by any person for him with his knowledge or consent, from any
be promptly filed
source, in aid or support of his candidacy for election, or for the pur-
ceipt;
pose of influencing the result of the election, together with the name
(c) Shall be pr:
of the person who has made such contribution;
years from the dai
(2) A correct and itemized account of each expenditure made by him
of his office, and S
or by any person for him with his knowledge or consent, in aid or sup-
392, § 8, 36 Stat.
port of his candidacy for election. or for the purpose of influencing the
1912, c. 349, 37 St:
result of the election, together with the name of the person to whom
1072.)
such expenditure was made; except that only the total sum of expendi-
tures for items specified in subdivision (c) of section 248 of this title
1. Notary public no
need be stated;
ister oaths.-A notary
(3) A statement of every promise or pledge made by him or by any
"an officer authorized
person for him with his consent prior to the closing of the polls on the
within the meaning c:
V. Cameron (D. C. At
day of the election, relative to the appointment or recommendation for
2. False oath as to
appointment of any person to any public or private position or employ-
perjury.-In the Co
ment for the purpose of procuring support in his candidacy, and the
of 1010 while a cant
name, address, and occupation of every person to whom any such prom-
to include in his sts
ise or pledge has been made, together with the description of any such
as well as expendit:
Matter only. Hence,
position. If no such promise or pledge has been made, that fact shall
subject to a prosecut
be specifically stated.
cause of an alleged
(b) The statements required to be filed by subdivision (a) shall be
the amounts received
eath was not false I
cumulative, but where there has been no change in an item reported in
a previous statement only the amount need be carried forward.
(c) Every candidate shall inclose with his first statement a report,
§ 248. Limitati
based upon the records of the proper State official, stating the total
A candidate, in hi
number of votes cast for all candidates for the office which the candidate
in excess of the 2
seeks, at the general election next preceding the election at which he
of the State in W
is a candidate. (June 25, 1910, c. 392, §8,36 Stat. 824; Aug. 19, 1911,
which he may lat
c. 33, § 2, 37 Stat. 26; Aug. 23, 1912, c. 349, 37 Stat. 360; Feb. 28, 1925,
(b) Unless the
c. 368, Title III, § 307, 43 Stat. 1072.)
mum limit of can
Notes of Decisions
tures up to-
1. Primary election or convention.-The tors, but also to primaries and conventions
(1) The sum
Corrupt Practice Act of 1910 applied not of political parties for selection of
FOR
$2,500 if a candi
only to final elections for choosing Sena- candidates. As to such primaries and
missioner; or
74
Ch. S
Ch. 8
TITLE 2.-THE CONGRESS
§ 248
mittee, aggregating $50
conventions It was held invalid because
primarles. The 17th Amendment dealing
rpose of influencing in
et the time it was enacted the only source
with the election of Senators was held to
shall file with the Clerk
of power which Congress possessed over
antedate that section and 80 could not be
elections for Senators and Representatives
considered in connection with it. New-
E
diture in the same man-
was U. S. Const., Art. 1, § 4, which regu-
herry V. U. S. (Mich. 1921) 256 U. S. 232,
al committee by section
lated the manner of holding such elections,
41 S. Ct. 469, 65 L. Ed. 913. See, also, U. S.
36 Stat. 824; Feb. 2S,
and the language of that constitutional
V. Cameron (D. C. Ariz. 1922) 282 F. 6S4.
provision was not broad enough to include
ir, Representative, Dele-
§ 247. Statements; verification; filing; preservation; inspection.
Secretary of Senate and
A statement required by this chanter to be filed by a candidate or
:y candidate for Senator
treasurer of a political committee or other person with the Clerk or
date for Representative,
Secretary, as the case may be-
file with the Clerk not
(a) Shall be verified by the oath or affirmation of the person filing
before, and also within
such statement, taken before any officer authorized to administer oaths;
on is to be held, a state-
(b) Shall be deemed properly filed when deposited in an established
it preceding the date of
post office within the prescribed time, duly stamped registered, and di-
rected to the Clerk or Secretary at Washington, District of Columbia,
contribution received by
but in the event it is not received, a duplicate of such statement shall
dge or consent, from any
be promptly filed upon notice by the Clerk or Secretary of its nonre-
election, or for the pur-
ceipt;
together with the name
(c) Shall be preserved by the Clerk or Secretary for a period of two
years from the date of filing, shall constitute a part of the public records
expenditure made by him
of his office, and shall be open to public inspection. (June 25, 1910, c.
or consent, in aid or sup-
392, § 8, 36 Stat. 824; Aug. 19, 1911, c. 33, § 2, 37 Stat. 26; Aug. 23,
purpose of influencing the
1912, c. 349, 37 Stat. 360; Feb. 28, 1925, c. 368, Title III, § 308, 43 Stat.
e of the person to whom
1072.)
the total sum of expendi-
Notes of Decisions
£ section 248 of this title
1. Notary public as authorized to admin-
ter." U. S. V. Cameron (D. C. Ariz. 1922)
ister eaths.-A notary public of a state is
282 F. 6S4.
e made by him or by any
"an officer authorized to administer oaths"
Under the Corrupt Practice Act of
within the meaning of this section. U. S.
1910 one who was a candidate for seba-
closing of the polls on the
v. Cameron (D. C. Ariz. 1922) 2S2 F. 6S5.
tor at a general election was not "a can-
at or recommendation for
didate for nomination at any primary
z False oath as to amount received as
rivate position or employ-
election or nominating convention,
perjury In the Corrupt Practice Act
or election by the legislature of
in his candidacy, and the
of 1910 while a candidate was required
any state" within the meaning of the
1 to whom any such prom-
to include in his statements all receipts
act in view of the Seventeenth Amend-
as well as expenditures, it limited the
ment to the United States Constitution
e description of any such
latter only. Hence, a candidate was not
providing for the election of senators
been made, that fact shall
subject to a prosecution for perjury be-
by popular vote, and hence was not suid-
cause of an alleged false oath regarding
ject to prosecution for perjury for an al-
subdivision (a) shall be
the amounts received by him, since the
leged false statement in a statement or
oath was not false in a "material mat-
receipts and expenditures made under
ige in an item reported in
the Act. Id.
e carried forward.
first statement a report,
248. Limitation upon amount of expenditures by candidate. (a)
official, stating the total
A candidate, in his campaign for election, shall not make expenditures
office which the candidate
in excess of the amount which he may lawfully make under the laws
the election at which he
of the State in which he is a candidate, nor in excess of the amount
Stat. 824; Aug. 19, 1911,
which he may lawfully make under the provisions of this title.
7 Stat. 360; Feb. 28, 1925,
(b) Unless the laws of his State prescribe a less amount as the maxi-
mum limit of campaign expenditures, a candidate may make expendi-
tures up to-
Iso to primaries and conventions
(1) The sum of $10,000 if a candidate for Senator, or the sum of
al parties for selection of
$2,500 if a candidate for Representative, Delegate, or Resident Com-
As to such primaries and
missioner; or
75
AAD
12/9/917
§ 248
TITLE 2-THE CONGRESS
Ch. 8
Ch. 8
(2) An amount equal to the amount obtained by multiplying three
$5,000; and eve
cents by the total number of votes cast at the last general election for
to any contrib:
all candidates for the office which the candidate seeks, but in no event
shall be fined n
exceeding $25,000 if a candidate for Senator or $5,000 if a candidate
year, or both.
for Representative, Delegate, or Resident Commissioner.
321, § 83, 35 St:
(c) Money expended by a candidate to meet and discharge any as-
1074.)
sessment, fee, or charge made or levied upon candidates by the laws of
the State in which he resides, or expended for his necessary personal,
This section is $
traveling, or subsistence expenses, or for stationery, postage, writing, or
1925, C. 368, 43 St
printing (other than for use on billboards or in newspapers), for dis-
took the place of
with the language
tributing letters, circulars, or posters, or for telegraph or telephone
Code (see Act of M
service, shall not be included in determining whether his expenditures
35 Stat. 1103 cited
have exceeded the sum fixed by paragraph (1) or (2) of subdivision (b)
repealed by $ 318
as the limit of campaign expenses of a candidate. (June 25, 1910, c.
392, §§ 8, 9, 36 Stat. 824; Aug. 19, 1911, c. 33, § 2, 37 Stat. 26; Aug.
1. Constitutional
23, 1912, c. 349, 37 Stat. 360; Feb. 28, 1925, C. 368, Title III, § 309, 43
stitutional power
Stat. 1073.)
tions to be made
in connection wit
among others, rel
§ 249. Promises or pledges by candidate. It is unlawful for any
are to be voted
Ass'n (D. C. Pa.
candidate to directly or indirectly promise or pledge the appoint-
the court said:
ment, or the use of his influence or support for the appointment of
Congress exceede
any person to any public or private position or employment, for the
among others, e
dential and Vice
purpose of procuring support in his candidacy. (June 25, 1910, C. 392,
to be voted for,
§ 8, 36 Stat. 824; Aug. 19, 1911, c. 33, § 2, 37 Stat. 26; Aug. 23, 1912,
are officers of the
C. 349, 37 Stat. 360; Feb. 28, 1925, c. 368, Title III, § 310, 43 Stat.
eral government
opinion, Invalid:
1073.)
that particular
2. Money co
§ 250. Expenditures to influence voting. It is unlawful for any per-
"money contribu
lier statutes we
son to make or offer to make an expenditure, or to cause an expend-
and uncertain, 1
iture to be made or offered, to any person, either to vote or withhold
meaning was p
his vote, or to vote for or against any candidate, and it is unlawful
used in the stat
er, in any given
for any person to solicit, accept, or receive any such expenditure in
corporation sh
consideration of his vote or the withholding of his vote. (June 25,
money contrib
1910, c. 392, § 8, 36 Stat. 824; Aug. 19, 1911, C. 33, § 2, 37 Stat. 26; Aug.
eny election,' W
23, 1912, c. 349, 37 Stat. 360; Feb. 28, 1925, c. 368, Title III, § 311, 43
§ 252. Ge
Stat. 1073.)
Notes of Decisions
lates any of
1. Mandamus.-Under earlier acts re- had no power to compel rights thereun-
which a sp
lating to the same subject as the text it der by mandamus. In re Higdon (D. C.
section 251
was held that the federal District Courts Mo. 1920) 269 F. 150.
prisoned no
(b) Any
§ 251. Contributions by national banks or other Federal corpora-
visions of
tions; penalty. It is unlawful for any national bank or any corpo-
imposed by
ration organized by authority of any law of Congress, to make a con-
be fined no
tribution in connection with any election to any political office, or
years. (Ji
for any corporation whatever to make a contribution in connection
§ 2, 37 Stat
with any election at which presidential and vice presidential elec-
tors or a Senator or Representative in, or a Delegate or Resident
§ 253. E
Commissioner to, Congress are to be voted for, or for any candidate,
or affect the
political committee, or other person to accept or receive any contribu-
expenses i
tion prohibited by this section. Every corporation which makes any
392, § 10,
contribution in violation of this section shall be fined not more than
1925, c. 36
76
FORD
070891
Ch. 8
Ch. 8
TITLE 2.-THE CONGRESS
$ 253
Itiplying
three
$5,000; and every officer or director of any corporation who consents
election
for
to any contribution by the corporation in violation of this section
in
no
event
shall be fined not more than $1,000, or imprisoned not more than one
if
a
candidate
year, or both. (Jan. 26, 1907, c. 420, 34 Stat. 864; Mar. 4, 1909, c.
321, § 83, 35 Stat. 1103; Feb. 28, 1925, c. 368, Title III, § 313, 43 Stat.
any
as-
1074.)
by
the
laws
of
Historical Note
personal,
This section is § 313 of Act of Feb. 2S,
1925. Section 83 of the Criminal Code was
writing,
or
1925, c. 368, 43 Stat. 1074. That section
in the language of the Act of Jan. 26, 1907,
for
dis-
took the place of and is almost identical
c. 420, 3+ Stat. 864.
or
telephone
with the language of § 83 of the Criminal
In the Acts of 1907 and 1909 the word
Code (see Act of March 4, 1909, c. 321, $ 83,
"money" preceded the word "Contribu-
expenditures
35 Stat. 1103 cited to the text) which was
tion." The word "money" was omitted
ubdivision
(b)
repealed by § 318 of the Act of Feb. 28,
in the Act of 1925.
25,
1910,
c.
Notes of Decisions
26;
Aug.
1. Constitationality.-Congress has con-
meaning of the act of Congress, might be-
III,
§
309,
43
stitutional power to prohibit contribu-
come a question for the court or jury in
tions to be made by certain corporations
the light of all the circumstances of the
in connection with any election at which,
case." U. S. V. U. S. Brewers' Ass'n (D. C.
among others, representatives in Congress
Pa. 1916) 239 F. 163.
for
any
are to be voted for. U. S. V. Brewers'
appoint-
Ass'n (D. C. Pa. 1016) 239 F. 163, wherein
3. Indlctment.-An indictment against
the
corporations for conspiracy to make un-
the court said: "If it should be held that
pointment
of
lawful campaign contributions, need not
Congress exceeded its power in including,
for
the
among others, elections in which Presi-
allege that offense with the particularity
1910,
dential and Vice Presidential electors are
of an indictment directly charging it as
c.
392,
an offense. U. S. V. U. S. Brewers' Ass'n
to be voted for, on the ground that they
Aug.
23,
1912,
(D. C. Pa. 1916) 239 F. 164.
are officers of the state and not of the fed-
310,
43
Stat,
eral government, that would not, in my
4. Contempt proceedings.-Where the
opinion, invalidate the act, except as to
grand jury returned an indictment
that particular provision."
against corporations for violating the
2. Money contributions.-The words
earlier statute of 1909, It was held that
for
any
per-
"money contributions" as used in the ear-
the inquiry being no longer in progress:
an
expend-
lier statutes were held to be "not vague
questions whether a witness was guilty
and uncertain, but, on the contrary, their
of contempt in failing to produce docu-
or
withhold
meaning was plain and their purpose as
mentary evidence and give testimony as
is
unlawful
used in the statute unmistakable. Wheth-
required would not be determined on
penditure
in
er, in any given case, an expenditure by a
writs of error to review denial of his ap-
corporation should be construed as 'a
plication for habeas corpus and to review
(June
25,
money contribution in connection with
motion to quash presentment. Ex parte
26;
Aug.
any election,' within the spirit, intent, and
Fox (Pa. 1916) 236 F. 861, 150 C. C. A. 123.
§
311,
43
§ 252. General penalties for violations. (a) Any person who vio-
lates any of the foregoing provisions of this chapter, except those for
rights
thereun-
which a specific penalty is imposed by section 208 of Title 18, and
Higdon
(D.
C.
section 251 of this title, shall be fined not more than $1,000 or im-
prisoned not more than one year, or both.
(b) Any person who willfully violates any of the foregoing pro-
corpora-
visions of this chapter, except those for which a specific penalty is
any
corpo-
imposed by section 208 of Title 18, and section 251 of this title, shall
make
a
con-
be fined not more than $10,000 and imprisoned not more than two
office,
or
years. (June 25, 1910, c. 392, § 11, 36 Stat. 824; Aug. 19, 1911, c. 33,
connection
lential
§ 2, 37 Stat. 26; Feb. 28, 1925, c. 368, Title III, § 314, 43 Stat. 1074.)
elec-
Resident
§ 253. Expenses of election contests. This chapter shall not limit
candidate,
or affect the right of any person to make expenditures for proper legal
contribu-
expenses in contesting the results of an election. (June 25, 1910, c.
makes
any
392, § 10, 36 Stat. 824; Aug. 19, 1911, C. 33, § 2, 37 Stat. 26; Feb. 28,
more
than
1925, c. 368, Title III, § 315, 43 Stat. 1074.)
77
FORD LIBRARY & OTHER
609 254
TITLE 2-THE CONGRESS
Ch. S
Ch. 9
§ 254. State laws not affected. This chapter shall not be construed
to annul the laws of any State relating to the nomination or election
House of Rep
of candidates, unless directly inconsistent with the provisions of this
assistant cou
title, or to exempt any candidate from complying with such State
furniture, offi
iaws. (June 25, 1910, c. 392, § 8, 36 Stat. 824; Aug. 19, 1911, c. 33,
may be necess
§ 2, 37 Stat. 26; Aug. 23, 1912, c. 349, 37 Stat. 360; Feb. 28, 1925,
fice and as m
c. 368, Title III, § 316, 43 Stat. 1074.)
18, § 1303, 40
§ 255. Partial invalidity. If any provision of this chapter or the
§ 275. Duti
application thereof to any person or circumstance is held invalid, the
islative couns
validity of the remainder of the chapter and of the application of
amendments t
such provision to other persons and circumstances shall not be af-
of Congress, k
fected thereby. (Feb. 28, 1925, c. 368, Title III, § 317, 43 Stat. 1074.)
Committee of
termine the pi
§ 256. Citation. This chapter may be cited as the "Federal Corrupt
mittees of eit
Practices Act." (Feb. 28, 1925, c. 368, Title III, § 301, 43 Stat. 1070.)
from time to
of the work, f
CHAPTER 9.-OFFICE OF LEGISLATIVE COUNSEL
to the approv:
(Feb. 24, 1919
Sec.
Sec.
271 Creation of office.
and employees; office equipment
43 Stat. 353.)
272. Appointment of legislative counsel;
and supplies.
qualifications.
275. Duties of office; rules and regula-
$ 276. Disb
273. Compensation of legislative counsel.
tions.
tions for the
271. Assistant legislative counsel; clerks
276. Disbursement of appropriations.
277. Official mail matter.
and one-half !
1919, c. 18, § ]
Section 271. Creation of office. There shall be an office to be
353.)
known as the office of the legislative counsel, and to be under the di-
rection of two legislative counsel. (Feb. 24, 1919, C. 18, $ 1303, 40
§ 277. Offici
Stat. 1141; June 2, 1924, c. 234, § 1101, 43 Stat. 353.)
same privileg
officers of the
§ 272. Appointment of legislative counsel; qualifications. One of
1101, 43 Stat.
the legislative counsel shall be appointed by the President of the
Senate, and one by the Speaker of the House of Representatives, with-
out reference to political affiliations and solely on the ground of fit-
ness to perform the duties of the office. (Feb. 24, 1919, c. 18, § 1303,
40 Stat. 1141; June 2, 1924, c. 234, § 1101, 43 Stat. 353.)
§ 273. Compensation of legislative counsel. The positions of legis-
lative counsel shall be allocated from time to time by the President of
the Senate and the Speaker of the House of Representatives, jointly,
to the appropriate grade in the compensation schedules of section
673 of Title 5. The rate of compensation of each of the two legisla-
tive counsel shall be fixed from time to time, within the limits of such
grade, by the President of the Senate and the Speaker of the House of
Representatives, respectively. (June 2, 1924, c. 234, § 1101, 43 Stat
353.)
§ 274. Assistant legislative counsel; clerks and employees; office
equipment and supplies. The legislative counsel shall, subject to
the approval of the President of the Senate and the Speaker of the
78
Public Law 92-225
92nd Congress, S. 382
February 7, 1972
An Act
To promote fair practices in the conduct of election campaigns for Federal
political offices, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may
Federal Eleo-
be cited as the "Federal Election Campaign Act of 1971".
tion Campaign
Aot of 1971.
TITLE I-CAMPAIGN COMMUNICATIONS
SHORT TITLE
SEC. 101. This title may be cited as the "Campaign Communications Citation of
Reform Act".
title.
DEFINITIONS
SEC. 102. For purposes of this title:
(1) The term "communications media" means broadcasting
stations, newspapers, magazines, outdoor advertising facilities,
and telephones; but, with respect to telephones, spending or an
expenditure shall be deemed to be spending or an expenditure for
the use of communications media only if such spending or expendi-
ture is for the costs of telephones, paid telephonists, and automatic
telephone equipment, used by a candidate for Federal elective
office to communicate with potential voters (excluding any costs
of telephones incurred by a volunteer for use of telephones by
him).
86 STAT. 3
(2) The term "broadcasting station" has the same meaning as
86 STAT. 4
such term has under section 315 (f) of the Communications Act of
1934.
Post, P. 7.
(3) The term "Federal elective office" means the office of Presi-
dent of the United States, or of Senator or Representative in, or
Resident Commissioner or Delegate to, the Congress of the United
States (and for purposes of section 103 (b) such term includes the
office of Vice President).
(4) The term "legally qualified candidate" means any person
who (A) meets the qualifications prescribed by the applicable
laws to hold the Federal elective office for which he is a candidate,
and (B) is eligible under applicable State law to be voted for by
the electorate directly or by means of delegates or electors.
(5) The term "voting age population" means resident popula-
tion, eighteen years of age and older.
(6) The term "State" includes the District of Columbia and the
Commonwealth of Puerto Rico.
MEDIA RATE ANDRELATED REQUIREMENTS
SEC. 103. (a) (1) Section 315 (b) of the Communications Act of 1934 66 Stat. 717.
is amended to read as follows:
47 USC 315.
"(b) The charges made for the use of any broadcasting station by
any person who is a legally qualified candidate for any public office in
connection with his campaign for nomination for election, or election, ORD
to such office shall not exceed-
"(1) during the forty-five days preceding the date of a primary
LIBRARY
or primary runoff election and during the sixty days preceding the
date of a general or special election in which such person is a can-
didate, the lowest unit charge of the station for the same class and
amount of time for the same period; and
Pub. Law 92-225
- 2 -
February 7, 1972
February 7, 1972
- 3 -
Pub. Law 92-225
"(2) at any other time, the charges made for comparable use of
(i) beginning on the date on which he (or such other person)
such station by other users thereof.
first makes such an expenditure (or, if later, January 1 of the year
74 Stat. 894.
(2) (A) Section 312 (a) of such Act is amended by striking "or" at
in which the election for the office of President is held), and
47 USC 312.
the end of clause (5), striking the period at the end of clause (6) and
(ii) ending on the date on which such political party nominates
inserting in lieu thereof a semicolon and "or", and adding at the end of
a candidate for the office of President.
such section 312 the following new paragraph:
For purposes of this title and of section 315 of the Communications
"(7) for willful or repeated failure to allow reasonable access
Act of 1934, a candidate for presidential nomination shall be con-
66 Stat. 717;
to or to permit purchase of reasonable amounts of time for the use
sidered a legally qualified candidate for public office.
73 Stat. 557.
(C) The Comptroller General shall prescribe regulations under
47 USC 315.
of a broadcasting station by a legally qualified candidate for Fed-
eral elective office on behalf of his candidacy.".
which any expenditure by a candidate for presidential nomination for
Regulations.
66 Stat. 717.
(B) The second sentence of section 315 (a) of such Act is amended
the use in two or more States of a communications medium shall be
86 STAT. 5
attributed to such candidate's expenditure limitation in each such
86 STAT. 6
47 USC 315.
by inserting "under this subsection" after "No obligation is imposed".
Nonbroadcast
(b) To the extent that any person sells space in any newspaper or
State, based on the number of persons in such State who can reason-
media rates.
magazine to a legally qualified candidate for Federal elective office, or
ably be expected to be reached by such communications medium.
nomination thereto, in connection with such candidate's campaign for
(4) (A) For purposes of subparagraph (B)
nomination for, or election to, such office, the charges made for the use
(i) The term "price index" means the average over a calendar
"Price index."
of such space in connection with his campaign shall not exceed the
year of the Consumer Price Index (all items-United States city
charges made for comparable use of such space for other purposes.
average) published monthly by the Bureau of Labor Statistics.
86 STAT. 4
(ii) The term "base period" means the calendar year 1970.
"Base period."
86 STAT. 5
LIMITATIONS OF EXPENDITURES FOR USE OF COMMUNICATIONS MEDIA
(B) At the beginning of each calendar year (commencing in 1972),
Publication in
as there becomes available necessary data from the Bureau of Labor
Federal Register.
SEC. 104. (a) (1) Subject to paragraph (4), no legally qualified can-
Statistics of the Department of Labor, the Secretary of Labor shall
didate in an election (other than a primary or primary runoff election)
certify to the Comptroller General and publish in the Federal Register
for a Federal elective office may-
the per centum difference between the price index for the 12 months
(A) spend for the use of communications media on behalf of
preceding the beginning of such calendar year and the price index for
his candidacy in such election a total amount in excess of the
the base period. Each amount determined under paragranh (1) (1) (i)
greater of-
and (ii) shall be increased by such per centum difference. Each
(i) 10 cents multiplied by the voting age population (as
amount so increased shall be the amount in effect for such calendar
certified under paragraph (5)) of the geographical area in
year.
which the election for such office is held, or
(5) Within 60 days after the date of enactment of this Act, and
Publication in
(ii) $50,000, or
during the first week of January in 1973 and every subsequent year,
Federal Register.
(B) spend for the use of broadcast stations on behalf of his
the Secretary of Commerce shall certify to the Comptroller General
candidacy in such election a total amount in excess of 60 per
and publish in the Federal Register an estimate of the voting age
centum of the amount determined under subparagraph (A) with
population of each State and congressional district for the last calen-
respect to such election.
dar year ending before the date of certification.
Primaries.
(2) No legally qualified candidate in a primary election for nomina-
(6) Amounts spent for the use of communications media on behalf
tion to a Federal elective office, other than President, may spend-
of any legally qualified candidate for Federal elective office (or for
(A) for the use of communications media, or
nomination to such office) shall, for the purposes of this subsection.
(B) for the use of broadcast stations,
be deemed to have been spent by such candidate. Amounts spent for
on behalf of his candidacy in such election a total amount in excess of
the use of communications media by or on behalf of any legally
the amounts determined under paragraph (1) (A) or (B), respec-
qualified candidate for the office of Vice President of the United
tively, with respect to the general election for such office. For purposes
States shall, for the purposes of this section, be deemed to have been
of this subsection a primary runoff election shall be treated as a sepa-
spent by the candidate for the office of President of the United States
rate primary election.
with whom he is running.
Presidential
(3) (A) No person who is a candidate for presidential nomination
(7) For purposes of this section and section 315(c) of the Com-
primaries.
may spend-
munications Act of 1934-
Post, p. 7.
(i) for the use in a State of communications media, or
(A) spending and charges for the use of communications media
(ii) for the use in a State of broadcast stations,
include not only the direct charges of the media but also agents'
on behalf of his candidacy for presidential nomination a total amount
commissions allowed the agent by the media, and
in excess of the amounts which would have been determined under
(B) any expenditure for the use of any communications medium
paragraph (1) (A) or (B), respectively, had he been a candidate for
by or on behalf of the candidacy of a candidate for Federal elective
election for the office of Senator from such State (or for the office of
office (or nomination thereto) shall be charged against the expend-
Delegate or Resident Commissioner in the case of the District of
iture limitation under this subsection applicable to the election
Columbia or the Commonwealth of Puerto Rico).
in which such medium is used.
(B) For purposes of this paragraph (3), a person is a candidate for
(b) No person may make any charge for the use by or on behalf of
Certification
presidential nomination if he makes (or any other person makes on his
any legally qualified candidate for Federal elective office (or for nomi-
requirement.
behalf) an expenditure for the use of any communications medium on
nation to such office) of any newspaper, magazine, or outdoor adver-
behalf of his candidacy for any political party's nomination for elec-
rising facility, unless such candidate (or a person specifically author-
tion to the office of President. He shall be considered to be such a can-
ized by such candidate in writing to do so) certifies in writing to the
didate during the period-
Pub. Law 92-225
- 4 -
February 7, 1972
February 7, 1972
- 5 -
Pub. Law 92-225
86 STAT. 7
86 STAT. 8
person making such charge that the payment of such charge will not
PENALTIES
violate paragaph (1), (2), or (3) of subsection (a), whichever is
applicable.
SEC. 106. Whoever willfully and knowingly violates any provision
66 Stat. 717.
(c) Section 315 of the Communications Act of 1934 is amended by
of section 103(b), 104(a), or 104(b) or any regulation under section
47 USC 315.
redesignating subsection (c) as subsection (g) and by inserting after
105 shall be punished by a fine of not more than $5,000 or by imprison-
subsection (b) the following new subsections:
ment of not more than five years, or both.
"(c) No station licensee may make any charge for the use of such
station by or on behalf of any legally qualified candidate for Federal
TITLE II-CRIMINAL CODE AMENDMENTS
elective office (or for nomination to such office) unless such candidate
(or a person specifically authorized by such candidate in writing to do
SEC. 201. Section 591 of title 18, United States Code, is amended 62 Stat. 719.
to read as follows:
so) certifies to such licensee in writing that the payment of such charge
will not violate any limitation specified in paragraph (1), (2), or (3)
§ 591. Definitions
Ante, P. 5.
of section 104(a) of the Campaign Communications Reform Act,
"When used in sections 597, 599, 600, 602, 608, 610, and 611 of this
whichever paragraph is applicable.
title-
Post, pp. 9, 10.
"(d) If a State by law and expressly-
"(a) 'election' means (1) a general, special, primary, or runoff
(1) has provided that a primary or other election for any
election, (2) a convention or caucus of a political party held to
office of such State or of a political subdivision thereof is subject
nominate a candidate, (3) a primary election held for the selection
to this subsection,
of delegates to a national nominating convention of a political
"(2) has specified a limitation upon total expenditures for the
party, (4) a primary election held for the expression of a pref-
use of broadcasting stations on behalf of the candidacy of each
erence for the nomination of persons for election to the office of
legally qualified candidate in such election,
President, and (5) the election of delegates to a constitutional
(3) has provided in any such law an unequivocal expression of
convention for proposing amendments to the Constitution of the
intent to be bound by the provisions of this subsection, and
United States;
"(4) has stipulated that the amount of such limitation shall not
"(b) 'candidate' means an individual who seeks nomination for
exceed the amount which would be determined for such election
election, or election, to Federal office. whether or not such individ-
under section 104(a) (1) (B) or 104(a) (2) (B) (whichever is
ual is elected, and, for purposes of this paragraph, an individual
applicable) of the Campaign Communications Reform Act had
shall be deemed to seek nomination for election, or election, to
such election been an election for a Federal elective office or
Federal office, if he has (1) taken the action necessary under the
nomination thereto;
law of a State to qualify himself for nomination for election, or
then no station licensee may make any charge for the use of such sta-
election, or (2) received contributions or made expenditures, or
tion by or on behalf of any legally qualified candidate in such election
has given his consent for any other person to receive contributions
unless such candidate (or a person specifically authorized by such
or make expenditures, with a view to bringing about his nomina-
candidate in writing to do so) certifies to such licensee in writing that
tion for election, or election, to such office;
the payment of such charge will not violate such State limitation.
(c) 'Federal office' means the office of President or Vice Presi-
Penalty.
(e) Whoever willfully and knowingly violates the provisions of
dent of the United States, or Senator or Representative in, or
subsection (c) or (d) of this section shall be punished by a fine not to
Delegate or Resident Commissioner to, the Congress of the United
exceed $5,000 or imprisonment for a period not to exceed five years, or
States;
47 USC 501-
both. The provisions of sections 501 through 503 of this Act shall not
"(d) 'political committee' means any individual, committee.
503.
apply to violations of either such subsection.
association, or organization which accepts contributions or makes
Definitions.
(f) (1) For the purposes of this section:
expenditures during a calendar year in an aggregate amount
(A) The term 'broadcasting station' includes a community
exceeding $1,000;
antenna television system.
"(e) 'contribution' means-
"(B) The terms 'licensee' and 'station licensee' when used with
"(1) a gift, subscription, loan, advance, or deposit of money
respect to a community antenna television system, means the
or anything of value (except a loan of money by a national
operator of such system.
or State bank made in accordance with the applicable banking
"(C) The term 'Federal elective office' means the office of Presi-
laws and regulations and in the ordinary course of business).
dent of the United States, or of Senator or Representative in, or
made for the purpose of influencing the nomination fo" elec-
Resident Commissioner or Delegate to, the Congress of the United
tion, or election, of any person to Federal office, for the
States.
purpose of influencing the results of a primary held for the
"(2) For purposes of subsections (c) and (d), the term 'legally
selection of delegates to a national nominating convention of
qualified candidate' means any person who (A) meets the qualifica-
a political party or for the expression of a preference for
tions prescribed by the applicable laws to hold the office for which he
the nomination of persons for election to the office of Presi-
is a candidate and (B) is eligible under applicable State law to be
dent, or for the purpose of influencing the election of delegates
voted for by the electorate directly or by means of delegates or
to a constitutional convention for proposing amendments to
electors."
the Constitution of the United States;
REGULATIONS
(2) a contract, promise, or agreement, express or implied.
whether or not legally enforceable, to make a contribution for
SEC. 105. The Comptroller General shall prescribe such regulations
such purposes;
as may be necessary or appropriate to carry out sections 102, 103(b),
"(3) a transfer of funds between political committees;
104(a), and 104(b) of this Act.
Pub. Law 92-225
- 6 -
February 7, 1972
86 STAT, 9
February 7, 1972
- 7 -
Pub. Law 92-225
86 STAT. 10
"(4) the payment, by any person other than a candidate
or political committee, of compensation for the personal
"(C) $25,000, in the case of a candidate for the office of Repre-
services of another person which are rendered to such candi-
sentative, or Delegate or Resident Commissioner to the Congress.
date or political committee without charge for any such pur-
"(2) For purposes of this subsection, 'immediate family' means a
"Immediate
pose; and
candidate's spouse, and any child, parent, grandparent, brother, or
family."
sister of the candidate, and the spouses of such persons.
Exception.
"(5) notwithstanding the foregoing meanings of 'con-
"(b) No candidate or political committee shall knowingly accept
tribution', the word shall not be construed to include services
any contribution or authorize any expenditure in violation of the pro-
provided without compensation by individuals volunteering
visions of this section.
a portion or all of their time on behalf of a candidate or
"(c) Violation of the provisions of this section is punishable by a Penalty.
political committee;
(f) 'expenditure' means—
fine not to exceed $1,000, imprisonment for not to exceed one year, or
both.".
"(1) a purchase, payment, distribution, loan, advance,
SEC 204. Section 609 of title 18, United States Code, is repealed.
Repeal.
deposit, or gift of money or anything of value (except a loan
SEC. 205. Section 610 of title 18, United States Code, relating to con-
62 Stat. 723.
of money by a national or State bank made in accordance
tributions or expenditures by national banks, corporations, or labor
with the applicable banking laws and regulations and in the
organizations, is amended by adding at the end thereof the following
ordinary course of business), made for the purpose of influ-
paragraph:
encing the nomination for election, or election, of any person
"As used in this section, the phrase 'contribution or expenditure'
"Contribution
to Federal office, for the purpose of influencing the result of
shall include any direct or indirect payment, distribution, loan,
or expenditure."
a primary held for the selection of delegates to a national
advance, deposit, or gift of money, or any services, or anything of
nominating convention of a political party or for the expres-
value (except a loan of money by a national or State bank made in
sion of a preference for the nomination of persons for election
accordance with the applicable banking laws and regulations and in
to the office of President, or for the purpose of influencing the
the ordinary course of business) to any candidate, campaign commit-
election of delegates to a constitutional convention for pro-
tec, or political party or organization, in connection with any election
posing amendments to the Constitution of the United States;
to any of the offices referred to in this section; but shall not include
"(2) a contract, promise, or agreement, express or implied,
communications by a corporation to its stockholders and their families
and whether or not legally enforceable, to make any expenditure:
or by a labor organization to its members and their families on any
subject; nonpartisan registration and get-out-the-vote campaigns by a
(3) a transfer of funds between political committees;
"(g) 'person' and 'whoever' mean an individual, partnership,
corporation aimed at its stockholders and their families, or by a labor
organization aimed at its members and their families; the establish-
committee. association, corporation, or any other organization or
ment, administration, and solicitation of contributions to a separate
group of persons; and
segregated fund to be utilized for political purposes by a corporation
"(h) 'State' means each State of the United States, the District
or labor organization: Provided, That it shall be unlawful for such a
of Columbia, the Commonwealth of Puerto Rico, and any terri-
fund to make a contribution or expenditure by utilizing money or any-
tory or possession of the United States.".
thing of value secured by physical force, job discrimination, financial
62 Stat. 721.
SEC. 202. Section 600 of title 18, United States Code, is amended to
read as follows:
reprisals, or the threat of force, job discrimination, or financial
reprisal; or by dues, fees, or other monies required as a condition of
"§ 600. Promise of employment or other benefit for political
membership in a labor organization or as a condition of employment,
activity
or by monies obtained in any commercial transaction.".
"Whoever, directly or indirectly, promises any employment, posi-
SEC. 206. Section 611 of title 18, United States Code, is amended to 62 Stat. 724.
tion, compensation, contract, appointment, or other benefit, provided
read as follows:
for or made possible in whole or in part by any Act of Congress, or
611. Contributions by Government contractors
any special consideration in obtaining any such benefit, to any person
"Whoever-
as consideration, favor, or reward for any political activity or for the
"(i) entering into any contract with the United States or any
support of or opposition to any candidate or any political party in
department or agency thereof either for the rendition of personal
connection with any general or special election to any political office,
services or furnishing any material, supplies, or equipment to the
or in connection with any primary election or political convention or
United States or any department or agency thereof or for selling
caucus held to select candidates for any political office, shall be fined
any land or building to the United States or any department or
not more than $1,000 or imprisoned not more than one year, or both.".
62 Stat. 723.
agency thereof, if payment for the performance of such contract
SEC. 203. Section 608 of title 18, United States Code, is amended to
read as follows:
or payment for such material, supplies, equipment, land, or build-
ing is to be made in whole or in part from funds appropriated by
"§ 608. Limitations on contributions and expenditures
the Congress, at any time between the commencement of negotia-
"(a) (1) No candidate may make expenditures from his personal
tions for and the later of (1) the completion of performance
funds, or the personal funds of his immediate family, in connection
under, or (2) the termination of negotiations for, such contract or
with his campaign for nomination for election, or election, to Federal
furnishing of material, supplies, equipment, land or buildings,
office in excess of-
directly or indirectly makes any contribution of money or other
"(A) $50,000, in the case of a candidate for the office of Presi-
thing of value, or promises expressly or impliedly to make any
dent or Vice President;
such contribution, to any political party, committee, or candidate
(B) $35,000, in the case of a candidate for the office of Sen-
for public office or to any person for any political purpose or
ator; or
use; or
Pub. Law 92-225
86 STAT. 11
- 8 -
February 7, 1972
February 7, 1972
- 9 -
Pub. Law 92-225
86 STAT. 12
person for any such purpose during any such period;
"(b) knowingly solicits any such contribution from any such
sion of a preference for the nomination of persons for elec-
shall be fined not more than $5,000 or imprisoned not more than five
tion to the office of President, or for the purpose of
years, or both.".
influencing the election of delegates to a constitutional
SEC. 207. The table of sections for chapter 29 of title 18, United
convention for proposing amendments to the Constitution of
States Code, is amended by-
the United States;
(1) striking out the item relating to section 608 and inserting in
(2) a contract, promise, or agreement, whether or not
lieu thereof the following:
legally enforceable, to make a contribution for any such
"008. Limitations on contributions and expenditures.";
purpose;
(3) a transfer of funds between political committees;
lieu thereof the following:
(2) striking out the item relating to section 609 and inserting in
(4) the payment, by any person other than a candidate
or political committee, of compensation for the personal serv-
"009. Repealed.";
ices of another person which are rendered to such candidate
lieu thereof the following:
(3) striking out the item relating to section 611 and inserting in
or committee without charge for any such purpose; and
(5) notwithstanding the foregoing meanings of "contri- Exception.
"G11. Contributions by Government contractors.".
bution", the word shall not be construed to include services
provided without compensation by individuals volunteering
TITLE III-DISCLOSURE OF FEDERAL CAMPAIGN
a portion or all of their time on behalf of a candidate or
political committee;
FUNDS
(f) "expenditure" means—
(1) a purchase, payment, distribution, loan, advance,
DEFINITIONS
deposit, or gift of money or anything of value, made for the
SEC. 301. When used in this title-
purpose of influencing the nomination for election, or elec-
tion, of any person to Federal office, or as a presidential and
(a) "election" means (1) a general, special, primary, or runoff
vice-presidential elector, or for the purpose of influencing the
election, (2) a convention or caucus of a political party held to
result of a primary held for the selection of delegates to a
nominate a candidate, (3) a primary election held for the selection
national nominating convention of a political party or for
of delegates to a national nominating convention of a political
the expression of a preference for the nomination of persons
party, (4) a primary election held for the expression of a pref-
for election to the office of President, or for the purpose of
erence for the nomination of persons for election to the office of
influencing the election of delegates to a constitutional con-
President, and (5) the election of delegates to a constitutional
vention for proposing amendments to the Constitution of the
convention for proposing amendments to the Constitution of the
United States;
United States;
(2) a contract, promise, or agreement, whether or not
(b) "candidate" means an individual who seeks nomination for
legally enforceable, to make an expenditure, and
election, or election, to Federal office, whether or not such individ-
(3) a transfer of funds between.political committees;
ual is elected, and, for purposes of this paragraph, an individual
(g) "supervisory officer" means the Secretary of the Senate
shall be deemed to seek nomination for election, or election, if he
with respect to candidates for Senator; the Clerk of the House
has (1) taken the action necessary under the law of a State to
of Representatives with respect to candidates for Representative
qualify himself for nomination for election, or election, to Federal
in, or Delegate or Resident Commissioner to, the Congress of the
office, or (2) received contributions or made expenditures, or has
United States; and the Comptroller General of the United States
given his consent for any other person to receive contributions
in any other case;
make expenditures, with a view to bringing about his nomination or
(h) "person" means an individual, partnership, committee,
for election, or election, to such office;
association, corporation, labor organization, and any other orga-
(c) "Federal office" means the office of President or Vice Presi-
nization or group of persons; and
dent of the United States; or of Senator or Representative in, or
(i) "State" means each State of the United States, the District
States; Delegate or Resident Commissioner to, the Congress of the United
of Columbia, the Commonwealth of Puerto Rico, and any terri-
tory or possession of the United States.
(d) "political committee" means any committee, association,
or organization which accepts contributions or makes expendi-
ORGANIZATION OF POLITICAL COMMITTEES
$1,000; tures during a calendar year in an aggregate amount exceeding
SEC. 302. (a) Every political committee shall have a chairman and a
(e) "contribution" means—
treasurer. No contribution and no expenditure shall be accepted or
(1) a gift, subscription, loan, advance, or deposit of
made by or on behalf of a political committee at a time when there is a
money or anything of value, made for the purpose of influ-
vacancy in the office of chairman or treasurer thereof. No expenditure
encing the nomination for election, or election, of any person
shall be made for or on behalf of a political committee without the
to Federal office or as a presidential or vice-presidential
authorization of its chairman or treasurer, or their designated agents.
elector, or for the purpose of influencing the result of a
(b) Every person who receives a contribution in excess of $10 for a
primary held for the selection of delegates to a national
political committee shall, on demand of the treasurer, and in any event
nominating convention of a political party or for the expres-
within five days after receipt of such contribution, render to the treas-
urer a detailed account thereof, including the amount, the name and
February 7, 1972
- 11 -
Pub. Law 92-225
February 7, 1972
Pub. Law 92-225
- 10 -
86 STAT. 14
86 STAT, 13
REGISTRATION OF POLITICAL COMMITTEES; STATEMENTS
address (occupation and the principal place of business, if any) of the
person making such contribution, and the date on which received. All
SEC. 303. (a) Each political committee which anticipates receiving
funds of a political committee shall be segregated from, and may not
contributions or making expenditures during the calendar year in an
be commingled with, any personal funds of officers, members, or
aggregate amount exceeding $1,000 shall file with the supervisory
associates of such committee.
officer a statement of organization, within ten days after its organiza-
Recordkeeping.
(c) It shall be the duty of the treasurer of a political committee to
tion or, if later, ten days after the date on which it has information
keep a detailed and exact account of-
which causes the committee to anticipate it. will receive contributions
(1) all contributions made to or for such committee;
or make expenditures in excess of $1,000. Each such committee in
(2) the full name and mailing address (occupation and the
existence at the date of enactment of this Act shall file a statement of
principal place of business, if any) of every person making a
organization with the supervisory officer at such time as he prescribes.
contribution in excess of $10, and the date and amount thereof;
(b) The statement of organization shall include-
(3) all expenditures made by or on behalf of such committee;
(1) the name and address of the committee;
and
(2) the names, addresses, and relationships of affiliated or
(4) the full name and mailing address (occupation and the
connected organizations;
principal place of business, if any) of every person to whom any
(3) the area, scope, or jurisdiction of the committee;
expenditure is made, the date and amount thereof and the name
(4) the name, address, and position of the custodian of books
and address of, and office sought by, each candidate on whose
and accounts;
behalf such expenditure was made.
(5) the name, address, and position of other principal officers,
Receipts,
(d) It shall be the duty of the treasurer to obtain and keep a
including officers and members of the finance committee, if any;
preservation.
receipted bill, stating the particulars, for every expenditure made by or
(6) the name, address, office sought, and party affiliation of (A)
on behalf of a political committee in excess of $100 in amount, and for
each candidate whom the committee is supporting, and (B) any
any such expenditure in a lesser amount, if the aggregate amount of
other individual, if any, whom the committee is supporting for
such expenditures to the same person during a calendar year exceeds
nomination for election, or election, to any public office whatever;
$100. The treasurer shall preserve all receipted bills and accounts
or, if the committee is supporting the entire ticket of any party,
required to be kept by this section for periods of time to be determined
the name of the party;
by the supervisory officer.
(7) a statement whether the committee is a continuing one;
Unauthorized
(e) Any political committee which solicits or receives contributions
(8) the disposition of residual funds which will be made in the
activities,
or makes expenditures on behalf of any candidate that is not authorized
event of dissolution;
notice.
in writing by such candidate to do SO shall include a notice on the face
(9) a listing of all banks, safety deposit boxes, or other reposi-
or front page of all literature and advertisements published in connec-
tories used;
tion with such candidate's campaign by such committee or on its behalf
(10) a statement of the reports required to be filed by the com-
stating that the committee is not authorized by such candidate and that
mittee with State or local officers, and, if so, the names, addresses,
such candidate is not responsible for the activities of such committee.
and positions of such persons; and
Funds solic-
(f) (1) Any political committee shall include on the face or front
(11) such other information as shall be required by the super-
itation, notice.
page of all literature and advertisements soliciting funds the following
visory officer.
notice:
(c) Any change in information previously submitted in a statement
"A copy of our report filed with the appropriate supervisory officer
of organization shall be reported to the supervisory officer within a
is (or will be) available for purchase from the Superintendent of Docu-
ten-day period following the change.
ments, United States Government Printing Office, Washington, D.C.
(d) Any committee which, after having filed one or more statements
20402.".
of organization, disbands or determines it will no longer receive con-
Annual report.
(2) (A) The supervisory officer shall compile and furnish to the
tributions or make expenditures during the calendar year in an aggre-
Public Printer, not later than the last day of March of each year, an
gate amount exceeding $1,000 shall so notify the supervisory officer.
annual report for each political committee which has filed a report
with him under this title during the period from March 10 of the
REPORTS BY POLITICAL COMMITTEES AND CANDIDATES
preceding calendar year through January 31 of the year in which
such annual report is made available to the Public Printer. Each such
SEC. 304. (a) Each treasurer of a political committee supporting a
Receipts and
annual report shall contain-
candidate or candidates for election to Federal office, and each can-
expenditures.
(i) a copy of the statement of organization of the political
didate for election to such office, shall file with the appropriate super-
committee required under section 303, together with any amend-
visory officer reports of receipts and expenditures on forms to be
ments thereto; and
prescribed or approved by him. Such reports shall be filed on the tenth
(ii) a copy of each report filed by such committee under
day of March, June, and September, in each year, and on the fifteenth
section 304 from March 10 of the preceding year through
and fifth days next preceding the date on which an election is held,
January 31 of the year in which the annual report is so furnished
and also by the thirty-first day of January. Such reports shall be com-
Completion
to the Public Printer.
plete as of such date as the supervisory officer may prescribe, which
date,
exception.
(B) The Public Printer shall make copies of such annual reports
shall not be less than five days before the date of filing, except that any
available for sale to the public by the Superintendent of Documents
contribution of $5,000 or more received after the last report is filed
as soon as practicable after they are received from the supervisory
prior to the election shall be reported within forty-eight hours after
LIBERTY
officer.
its receipt.
Pub. Law 92-225
- 12 -
86 STAT. 15
February 7, 1972
February 7, 1972
- 13 -
Pub. Law 92-225
86 STAT. 16
(b) Each report under this section shall disclose-
REPORTS BY OTHERS THAN POLITICAL COMMITTEES
(1) the amount of cash on hand at the beginning of the report-
ing period;
SEC. 305. Every person (other than a political committee or candi-
(2) the full name and mailing address (occupation and the
date) who makes contributions or expenditures, other than by con-
principal place of business, if any) of each person who has made
tribution to a political committee or candidate, in an aggregate amount
one or more contributions to or for such committee or candidate
in excess of $100 within a calendar year shall file with the supervisory
(including the purchase of tickets for events such as dinners.
officer a statement containing the information required by section 304.
luncheons, rallies, and similar fundraising events) within the
Statements required by this section shall be filed on the dates on which
calendar year in an aggregate amount or value in excess of $100,
reports by political committees are filed, but need not be cumulative.
together with the amount and date of such contributions;
(3) the total sum of individual contributions made to or for
FORMAL REQUIREMENTS RESPECTING REPORTS AND STATEMENTS
such committee or candidate during the reporting period and not
reported under paragragh (2);
SEC. 306. (a) A report or statement required by this title to be filed
(4) the name and address of each political committee or can-
by a treasurer of a political committee, a candidate, or by any other
didate from which the reporting committee or the candidate
person, shall be verified by the oath or affirmation of the person filing
received, or to which that committee or candidate made, any trans-
such report or statement, taken before any officer authorized to admin-
fer of funds, together with the amounts and dates of all transfers;
ister oaths.
(5) each loan to or from any person within the calendar year in
(b) A copy of a report or statement shall be preserved by the
an aggregate amount or value in excess of $100, together with the
person filing it for a period of time to be designated by the supervisory
full names and mailing addresses (occupations and the principal
officer in a published regulation.
places of business, if any) of the lender and endorsers, if any, and
(c) The supervisory officer may, by published regulation of general
Noncompliance
the date and amount of such loans;
applicability, relieve any category of political committees of the obli-
relief.
(6) the total amount of proceeds from (A) the sale of tickets
gation to comply with section 304 if such committee (1) primarily
to each dinner, luncheon, rally, and other fundraising event; (B)
supports persons seeking State or local office, and does not substan-
mass collections made at such events; and (C) sales of items such
tially support candidates, and (2) does not operate in more than one
as political campaign pins, buttons, badges, flags, emblems, hats,
State or on a statewide basis.
banners, literature, and similar materials;
(d) The supervisory officer shall, by published regulations of gen-
Debts, pledges,
(7) each contribution, rebate, refund, or other receipt in excess
eral applicability, prescribe the manner in which contributions and
etc., separate
of $100 not otherwise listed under paragraphs (2) through (6)
expenditures in the nature of debts and other contracts, agreements,
schedules.
(8) the total sum of all receipts by or for such committee or
and promises to make contributions or expenditures shall be reported.
candidate during the reporting period;
Such regulations shall provide that they be reported in separate
(9) the full name and mailing address (occupation and the
schedules. In determining aggregate amounts of contributions and
principal place of business, if any) of each person to whom
expenditures, amounts reported as provided in such regulations shall
expenditures have been made by such committee or on behalf of
not be considered until actual payment is made.
such committee or candidate within the calendar year in an aggre-
gate amount or value in excess of $100, the amount, date, and pur-
REPORTS ON CONVENTION FINANCING
pose of each such expenditure and the name and address of, and
office sought by, each candidate on whose behalf such expenditure
SEC. 307. Each committee or other organization which-
was made;
(1) represents a State, or a political subdivision thereof, or any
(10) the full name and mailing address (occupation and the
group of persons, in dealing with officials of a national political
principal place of business, if any) of each person to whom an
party with respect to matters involving a convention held in such
expenditure for personal services, salaries, and reimbursed
State or political subdivision to nominate a candidate for the office
expenses in excess of $100 has been made, and which is not other-
of President or Vice President, or
expenditure; wise reported, including the amount, date, and purpose of such
(2) represents a national political party in making arrange-
ments for the convention of such party held to nominate a candi-
(11) the total sum of expenditures made by such committee or
date for the office of President or Vice President,
candidate during the calendar year;
shall, within sixty days following the end of the convention (but not
(12) the amount and nature of debts and obligations owed by
later than twenty days prior to the date on which presidential and
or to the committee, in such form as the supervisory officer may
vice-presidential electors are chosen), file with the Comptroller Gen-
prescribe and a continuous reporting of their debts and obligations
eral of the United States a full and complete financial statement, in
after the election at such periods as the supervisory officer may
such form and detail as he may prescribe, of the sources from which
require until such debts and obligations are extinguished and
it derived its funds, and the purposes for which such funds were
(13) such other information as shall be required by the super-
expended.
visory officer.
DUTIES OF THE SUPERVISORY OFFICER
(c) The reports required to be filed by subsection (a) shall be
SEC. 308. (a) It shall be the duty of the supervisory officer-
cumulative during the calendar year to which they relate, but where
(1) to develop and furnish to the person required by the pro-
there has been no change in an item reported in a previous report
visions of this Act prescribed forms for the making of the reports
during such year, only the amount need be carried forward. If no
and statements required to be filed with him under this title;
contributions or expenditures have been accepted or expended during
(2) to prepare, publish, and furnish to the person required to
a calendar year, the treasurer of the political committee or candidate
shall file a statement to that effect.
Pub. Law 92-225
- 14 01
February 7, 1972
86 STAT. 17
February 7, 1972
- 15 -
Pub. Law 92-225
86 STAT. 18
file such reports and statements a manual setting forth recom-
mended uniform methods of bookkeeping and reporting;
(2) practices relating to the registration of voters; and
(3) to develop a filing, coding, and cross-indexing system con-
(3) voting and counting methods.
sonant with the purposes of this title;
Studies made under this subsection shall be published by the Comp-
Publication.
Public
(4) to make the reports and statements filed with him available
troller General and copies thereof shall be made available to the
inspection.
for public inspection and copying, commencing as soon as prac-
general public upon the payment of the cost thereof. Nothing in this
ticable but not later than the end of the second day following the
subsection shall be construed to authorize the Comptroller General
day during which it was received, and to permit copying of any
to require the inclusion of any comment or recommendation of the
such report or statement by hand or by duplicating machine, as
Comptroller General in any such study.
requested by any person, at the expense of such person: Provided,
(d) (1) Any person who believes a violation of this title has
Violation.
That any information copied from such reports and statements
occurred may file a complaint with the supervisory officer. If the super-
shall not be sold or utilized by any person for the purpose of
visory officer determines there is substantial reason to believe such a
soliciting contributions or for any commercial purpose;
violation has occurred, he shall expeditiously make an investigation,
Preservation.
(5) to preserve such reports and statements for a period of ten
which shall also include an investigation of reports and statements
years from date of receipt, except that reports and statements
filed by the complainant if he is a candidate, of the matter complained
relating solely to candidates for the House of Representatives shall
of. Whenever in the judgment of the supervisory officer, after afford-
Hearing
be preserved for only five years from the date of receipt;
ing due notice and an opportunity for a hearing, any person has
opportunity;
(6) to compile and maintain a current list of all statements or
engaged or is about to engage in any acts or practices which constitute
injunction.
parts of statements pertaining to each candidate;
or will constitute a violation of any provision of this title or any regu-
Annual report.
(7) to prepare and publish an annual report including compila-
lation or order issued thereunder, the Attorney General on behalf of
tions of (A) total reported contributions and expenditures for all
the United States shall institute a civil action for relief, including a
candidates, political committees, and other persons during the
permanent or temporary injunction, restraining order, or any other
year; (B) total amounts expended according to such categories as
appropriate order in the district court of the United States for the
he shall determine and broken down into candidate, party, and
district in which the person is found, resides, or transacts business.
nonparty expenditures on the National, State, and local levels;
Upon a proper showing that such person has engaged or is about to
(C) total amounts expended for influencing nominations and
engage in such acts or practices, a permanent or temporary injunction,
elections stated separately; (D) total amounts contributed
restraining order, or other order shall be granted without bond by
such court.
according to such categories of amounts as he shall determine and
broken down into contributions on the national, State, and local
(2) In any action brought under paragraph (1) of this subsection,
levels for candidates and political committees; and (E) aggregate
subpenas for witnesses who are required to attend a United States dis-
amounts contributed by any contributor shown to have contributed
trict court may run into any other district.
in excess of $100;
(3) Any party aggrieved by an order granted under paragraph (1)
Judicial
(8) to prepare and publish from time to time special reports
of this subsection may, at any time within sixty days after the date of
review.
comparing the various totals and categories of contributions and
entry thereof, file a petition with the United States court of appeals
expenditures made with respect to preceding elections;
for the circuit in which such person is found, resides, or transacts busi-
ness, for judicial review of such order.
(9) to prepare and publish such other reports as he may deem
appropriate;
(4) The judgment of the court of appeals affirming or setting aside,
Information
(10) to assure wide dissemination of statistics, summaries, and
in whole or in part, any such order of the district court shall be final,
dissemination.
reports prepared under this title;
subject to review by the Supreme Court of the United States upon
(11) to make from time to time audits and field investigations
certiorari or certification as provided in section 1254 of title 28, United
States Code.
with respect to reports and statements filed under the provisions
62 Stat. 928.
of this title, and with respect to alleged failures to file any report
(5) Any action brought under this subsection shall be advanced on
or statement required under the provisions of this title;
the docket of the court in which filed, and put ahead of all other
(12) to report apparent violations of law to the appropriate
actions (other than other actions brought under this subsection).
law enforcement authorities; and
Rules and
(13) to prescribe suitable rules and regulations to carry out
STATEMENTS FILED WITH STATE OFFICERS
regulations.
the provisions of this title.
SEC. 309. (a) A copy of each statement required to be filed with a
(b) The supervisory officer shall encourage, and cooperate with,
supervisory officer by this title shall be filed with the Secretary of State
the election officials in the several States to develop procedures which
(or, if there is no office of Secretary of State, the equivalent State
will eliminate the necessity of multiple filings by permitting the filing
officer) of the appropriate State. For purposes of this subsection, the
of copies of Federal reports to satisfy the State requirements.
term "appropriate State" means—
Comptroller
(c) It shall be the duty of the Comptroller General to serve as a
(1) for reports relating to expenditures and contributions in
"Appropriate
General,
national clearinghouse for information in respect to the adminis-
State."
information
connection with the campaign for nomination for election, or elec-
tration of elections. In carrying out his duties under this subsection,
and studies.
tion, of a candidate to the office of President or Vice President of
the Comptroller General shall enter into contracts for the purpose of
the United States, each State in which an expenditure is made
conducting independent studies of the administration of elections.
by him or on his behalf, and
Such studies shall include, but shall not be limited to, studies of-
(2) for reports relating to expenditures and contributions in
(1) the method of selection of, and the type of duties assigned
connection with the campaign for nomination for election, or elec-
to, officials and personnel working on boards of elections;
tion, of a candidate to the office of Senator or Representative in,
Pub. Law 92-225
- 16 -
February 7, 1972
86 STAT. 19
February 7, 1972
- 17 -
Pub. Law 92-225
86 STAT. 20
or Delegate or Resident Commissioner to, the Congress of the
United States, the State in which he seeks election.
eral Election Campaign Act of 1971, and the term "Federal office" "Federal
(b) It shall be the duty of the Secretary of State, or the equivalent
has the same meaning given such term by section 301 (c) of such Act. office."
State officer,
Ante, p. 11.
duties.
State officer, under subsection (a)-
EFFECT ON STATE LAW
(1) to receive and maintain in an orderly manner all reports
and statements required by this title to be filed with him;
SEC. 403. (a) Nothing in this Act shall be deemed to invalidate
(2) to preserve such reports and statements for a period of ten
or make inapplicable any provision of any State law, except where
years from date of receipt, except that reports and statements
compliance with such provision of law would result in a violation
relating solely to candidates for the House of Representatives
of a provision of this Act.
shall be preserved for only five years from the date of receipt;
(b) Notwithstanding subsection (a), no provision of State law
(3) to make the reports and statements filed with him available
shall be construed to prohibit any person from taking any action
for public inspection and copying during regular office hours,
authorized by this Act or from making any expenditure (as such term
commencing as soon as practicable but not later than the end of
is defined in section 301(f) of this Act) which he could lawfully make
the day during which it was received, and to permit copying of
under this Act.
any such report or statement by hand or by duplicating machine,
PARTIAL INVALIDITY
requested by any person, at the expense of such person; and
(4) to compile and maintain a current list of all statements or
SEC. 404. If any provision of this Act, or the application thereof
parts of statements pertaining to each candidate.
to any person or circumstance, is held invalid, the validity of the
remainder of the Act and the application of such provision to other
PROHIBITION OF CONTRIBUTIONS IN NAME OF ANOTHER
persons and circumstances shall not be affected thereby.
SEC. 310. No person shall make a contribution in the name of another
REPEALING CLAUSE
person, and no person shall knowingly accept a contribution made by
one person in the name of another person.
SEC. 405. The Federal Corrupt Practices Act, 1925 (2 U.S.C. 241-
256), is repealed.
43 Stat. 1070.
PENALTY FOR VIOLATIONS
EFFECTIVE DATE
SEC. 311. (a) Any person who violates any of the provisions of this
SEC. 406. Except as provided for in section 401 of this Act, the
title shall be fined not more than $1,000 or imprisoned not more than
provisions of this Act shall become effective on December 31, 1971,
one year, or both.
or sixty days after the date of enactment of this Act, whichever is
(b) In case of any conviction under this title, where the punishment
later.
inflicted does not include imprisonment, such conviction shall be
Approved February 7, 1972.
deemed a misdemeanor conviction only.
TITLE IV-GENERAL PROVISIONS
EXTENSION OF CREDIT BY REGULATED INDUSTRIES
SEC. 401. The Civil Aeronautics Board, the Federal Communica-
tions Commission, and the Interstate Commerce Commission shall each
LEGISLATIVE HISTORY:
promulgate, within ninety days after the date of enactment of this
Act, its own regulations with respect to the extension of credit, with-
HOUSE REPORTS: No. 92-564 accompanying H.R. 11060 (Comm. on
out security, by any person regulated by such Board or Commission
House Administration) and No. 92-752 (Comm. of
to any candidate for Federal office (as such term is defined in section
Conference).
Ante, P. 11.
301 (c) of the Federal Election Campaign Act of 1971), or to any per-
SENATE REPORTS: No. 92-96 (Comm. on Commerce), No. 92-229 (Comm. on
son on behalf of such a candidate, for goods furnished or services
Rules and Administration) and No. 92-580 (Comm. of
rendered in connection with the campaign of such candidate for
Conference).
CONGRESSIONAL RECORD:
nomination for election, or election, to such office.
Vol. 117 (1971): July 21, 23, Aug. 2-5, considered and passed Senate.
Nov. 18, 29, 30, considered and passed House,
PROHIBITION AGAINST USE OF CERTAIN FEDERAL FUNDS FOR ELECTION
amended, in lieu of H.R. 11060.
ACTIVITIES
Dec. 14, Senate agreed to conference report.
Vol. 118 (1972): Jan. 19, House agreed to conference report.
SEC. 402. No part of any funds appropriated to carry out the Eco-
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 8, No. 7:
78 Stat. 508.
nomic Opportunity Act of 1964 shall be used to finance, directly or
Feb. 7, Presidential statement.
42 USC 2701
indirectly, any activity designed to influence the outcome of any elec-
note.
tion to Federal office, or any voter registration activity, or to pay the
salary of any officer or employee of the Office of Economic Oppor-
tunity who, in his official capacity as such an officer or employee, en-
"Election."
gages in any such activity. As used in this section, the term "election"
has the same meaning given such term by section 301 (a) of the Fed-
92D CONGRESS
HOUSE OF REPRESENTATIVES
REPORT
2d Session
No. 92-1039
SENSE OF THE HOUSE OF REPRESENTATIVES WITH
RESPECT TO ACTIONS BY MEMBERS CONVICTED OF
CERTAIN CRIMES
MAY 3, 1972.-Referred to the House Calendar and ordered to be printed
Mr. PRICE of Illinois, from the Committee on Standards of Official
Conduct, submitted the following
REPORT
together with
DISSENTING VIEWS
[To accompany H. Res. 933]
The Committee on Standards of Official Conduct, to whom was
referred the resolution (H. Res. 933) expressing the sense of the House
of Representatives with respect to actions which should be taken by
Members of the House upon being convicted of certain crimes, and
for other purposes, having considered the same, report favorably
thereon without amendment and recommend that the resolution do
pass.
PURPOSE OF THE RESOLUTION
The purpose of the proposed resolution is to express the sense of
the House with respect to actions which it feels Members, who are
convicted of certain serious crimes, should take during the period of
any appeals process when there is no presumption of innocence.
The committee recommends that during such a period such a Mem-
ber should refrain from committee activities and from voting on the
floor of the House.
The proposed resolution has two positive objectives: (1) to state
a specific policy SO that all concerned may be on notice, and (2) to
assert publicly a concern for the reputations of the individual Mem-
bers and of the House itself.
BACKGROUND
The Committee on Standards of Official Conduct was established by
House Resolution 418, 90th Congress, first session, on April 13, 1967,
65-008
2
3
and therein was instructed to report to the House its recommendations
for changes in laws, rules, and regulations that would effectively estab-
COMMENT ON TERMS USED IN THE RESOLUTION
lish and maintain standards of official conduct for Members, officers,
Sense of the House
and employees of the House of Representatives. In response to this
A "sense-of-the-House" resolution amounts to a policy declaration
assignment, a year later, the committee reported its recommendations,
which were adopted by the House by a vote of 406 to 1.
by the House for the Congress in which it is passed. Like any other
During that organizational year, the committee spent countless
internal House action it is subject to repeal or change at any time.
hours discussing what the committee's powers should be and also what
It is not incorporated into the permanent Rules of the House nor does
limitations should be placed on the committee's powers.
it have any specific weight of law. However, to act contrary to it would
Clearly, the assignment to establish a potential disciplinary instru-
violate an expressed position of the body and would not affect any
other authority of the House with respect to the behavior and con-
ment that might preempt, or share, or be paramount to the already
existing disciplines of statutory law and the ballot box was indeed
duct of its Members.
sensitive. The question was not only what actions were appropriate
Convicted
for the committee to recommend but also when those actions should
This condition obtains upon certification by the court of a finding
be taken.
of guilty by a judge or jury. Though sentencing may occur somewhat
To the question of what actions the committee might take, the House
later it is at the point of conviction that the defendant loses his pre-
gave the committee broad powers of investigation but limited its dis-
sumption of innocence.
ciplinary powers to recommendations to the full membership.
Court of record
To the question of when to act, the committee adopted a policy which
essentially is: where an allegation is that one has abused his direct
The committee feels that the purposes of the resolution would not
representational or legislative position-or his "official conduct"-
be served if the convictions that would bring the resolution into effect
the committee concerns itself forthwith, because there is no other
were limited to any particular jurisdiction. Thus any court of record
immediate evenue of remedy. But where an allegation involves a pos-
which is empowered to hear cases on charges carrying penalties of 2
sible violation of statutory law, and the committee is assured that the
or more years' imprisonment, would be of sufficient stature and juris-
charges are known to and are being expeditiously acted upon by the
diction for the House to recognize as appropriate.
appropriate authorities, the policy has been to defer action until the
,Sentence of 2 or more years
judicial proceedings have run their course. This is not to say the com-
Though the committee appreciates that the particular length of
mittee abandons concern in statutory matters-rather, it feels it nor-
imprisonment is somewhat arbitrary, a possible sentence of two years
mally should not undertake duplicative investigations pending judicial
or more is equal to or longer than that which constitutes a felony in
resolution of such cases.
most jurisdictions. However, whether the crime is a felony or not,
The implementation of this policy has shown, through experience,
the committee reasons that if the offense is regarded by the legislative
only one need for revision. For the House to withhold any action what-
body that enacted the law as serious enough to warrant as much as
ever until ultimate disposition of a judicial proceeding, could mean,
two years' imprisonment, it is likewise serious enough to warrant
in effect, the barring of any legislative branch action, since the appeals
recognition by the House for the purposes of this resolution.
processes often do, or can be made to, extend over a period greater
than the 2-year term of the Member.
Refrain from participation in committee business
Since Members of Congress are not subject to recall and in the
The committee in making this recommendation regards this term as
absence of any other means of dealing with such cases short of
encompassing active participation such as functioning as chairman of
reprimand, or censure, or expulsion (which would be totally inappro-
a committee or of a subcommittee, or voting in the full committee or
a subcommittee. The committee does not feel this recommendation
priate until final judicial resolution of the case), public opinion could
well interpret inaction as indifference on the part of the House.
covers attendance at sessions or communication with constituents
The committee recognizes a very distinguishable link in the chain of
regarding matters before committees. The companion recommenda-
due process-that is the point at which the defendant no longer has
tion regarding voting on the floor of the House is self-explanatory.
claim to the presumption of innocence. This point is reached in a
Proceedings resulting in reinstatement of presumption of innocence
criminal prosecution upon conviction by judge or jury. It is to this
Any effect of this resolution would be reversed upon such reinstate-
reaches. condition and only to this condition that the proposed resolution
ment. As stated earlier the resolution is purposely drawn for auto-
matic restoration of full privileges to a Member who has responded
The committee reasons that the preservation of public confidence in
to it, upon any of numerous actions which result in the reinstatement.
the legislative process demands that notice be taken of situations of
Without such a provision and assuming the case was subsequently re-
this type.
manded or reversed, the House could find itself in the extremely un-
tenable position of having punished a Member, at least to some degree,
H. Rept. 92-1039
H. Rept. 92-1039
4
5
for an act which legally did not occur. With this provision the resolu-
But the House has no authority to tamper with those attributes of
tion would fully remove any implication of restraint on the Member
power and influence of a Congressman which flow directly from his
concerned.
election and which he enjoys solely by virtue of his election. No one
Reelected to the House after the date of such conviction
with the least familiarity with our institutions would for a moment
The same restoration that would follow the reinstatement of the
argue that we could deprive a Member of our body of the right to
presumption of innocence is provided for under the above captioned
vote-at least without following the process sanctioned by the Consti-
contingency. Precedents, without known exception, hold that the House
tution to expel a Member of a two-thirds vote.
will not act in any way against a Member for any actions of which his
But it will be argued that this recommended resolution only admon-
electorate had full knowledge at the time of his election. The commit-
ishes a Member who has been found guilty by a jury and convicted
tee feels that these precedents are proper and should in no way be
by a court not to exercise the right to vote pending a determination on
altered.
appeal upsetting the conviction. Such an argument overlooks the
basic reasoning behind the proposition that power and influence flow-
Not affect any other authority of the House
ing from the electorate may not be taken away-and, I think, not
As stated in the comment on "sense-of-the-House," this resolution
tampered with-by the House and its institutions. The right involved
has no specific enforcement capability. However, any Member subject
here is more than the right of a Congressman. It is the right of the
to its provisions at the time of the resolution's adoption, or thereafter,
people of his district to enjoy equal protection of the law. Such right
who violates the clear principles it expresses, will do so at the risk of
rests on the clear implications of Article I of the Constitution. The
subjecting himself to the introduction of a privileged resolution relat-
seminal concept of republican government is that representatives
ing to his conduct, in accordance with other provisions of House rules.
of divisions of people are to balance and reconcile viewpoints and to
come to conclusions based on votes in which they each have a right to a
CONCLUSION
vote counted equally with the votes of all others.
Is it conceivable that the House could constitutionally direct that
This committee is mindful that the recommendations it makes herein
one's voting potential be increased, say, by 1 percent for each year
are largely unique among the traditional customs and practices of the
of one's service? If it is not, it is also not admissable to say that the
House. It fully appreciates that any suggestion of restraint against
body can dilute a Member's vote by making it count less. Is it not even
the maximum freedom of Members to represent their constituencies
more inadmissible to place pressures upon him not to vote at all? That
would contain some element of hazard to the basic legislative process,
he may not succumb to such pressures is irrelevant. The House has no
but against this risk it felt that a policy of total inaction, which could
right to apply them. And it cannot be said that such pressures, when
be interpreted as indifference, more than balances the scale in favor
applied, are impotent. They are applied by an institution which has
of the proposed resolution. The committee recommends its adoption
the undeniable constitutional right to expel a Member upon a two-
by the House.
thirds vote. Expulsion would result in the loss of the Member's salary
COMMITTEE ACTION
and good name.
Furthermore, the very fact that the Constitution gives the House a
Pursuant to rule XI, clause 27 (b), the committee announces that
way to cause one of its Members to lose his vote implies that no other
House Resolution 933 was ordered to be reported by a vote of 10 to 2.
way is available. Otherwise the House by simple majority could im-
pose de facto expulsion by simply stripping the Member of his perqui-
DISSENTING VIEWS OF CONGRESSMAN OLIN E. TEAGUE
sites of power and thus leave, as the representative of the district, an
AND CONGRESSMAN WATKINS M. ABBITT
impotent figurehead. The Constitution clearly did not intend this.
Such an intent would permit such an emasculated representative to
The power and influence of the office of a Congressman stems from
play the dog in the manger, blocking other representation while draw-
two sources: from the people of his district solely as the result of their
ing his pay. He dare not violate the House admonition lest he lose
choosing him to represent them and from the body itself and its insti-
such preferred position. Meanwhile, the people of the district are
tutions. The power to vote and the concomitant power to represent
denied representation by the representative that they would select
the district by voting arises from the former source and from that
after his expulsion. (They have the right, of course, to in effect reverse
alone.
the House's expulsion order by reelecting the expelled Member.) This
But one may earn, or may have bestowed upon him, additional
has happened.
power and influence. This derives from the body itself and its insti-
By criticizing the committee's recommendation, and by dissenting
tutions. Thus, he may be a member of a committee or several commit-
from it, I do not mean to be understood as failing to recognize the
tees, the chairman of a committee, or of a subcommittee, or may hold
dilemma of my colleagues when they were faced with the problem
office in his party's caucus. Since this additional "clout" is bestowed
involved here. The committee found itself called upon to take action
upon him by the body itself or its institutions, it may be taken away
against Representative John Dowdy based upon the verdict of a jury
by the bestowing authority.
H. Rept. 92-1039
H. Rept. 92-1039
6
and the judgment of the court, which judgment has not become final
because of the pendency of an appeal.
The committee could not judiciously recommend the final and ir-
revocable act of expulsion solely upon the basis of Court action which
had not become final. If it had done so, there would remain the pos-
sibility of an ultimate reversal and dismissal of the criminal charge,
in which event Representative Dowdy would have been expelled by
the House upon the basis of a decision resting upon a faulty process.
He would not then have been given the benefit of the presumption of
innocence. Therefore, the committee decided upon this tentative ac-
tion. Representative Dowdy was to be held in a state of limbo until
such time as his appeal was acted upon.
But merely to state the dilemma illustrates the basic flaw in the
committee's resolution of it. The House, as we have seen, is limited
by the Constitution in any matter which involves a Member's right to
vote. If expulsion upon the basis of incomplete judicial determination
of guilt is improper, and if expulsion is the only way the Member's
vote may be affected, then the action here is wrong.
Indeed, even were it not for such constitutional limitation, the action
taken here would still be improvident and indefensible on the basis of
all Anglo-American concepts of due process.
OLIN TEAGUE.
W.M. ABBITT.
H. Rept. 92-1039
1972 - FEDERAL ELECTION CAMPAIGN LAW
2 USC 431-454 (repealing 2 USC 241-256)
Effective April 8, 1972
A. COVERAGE CHANGES:
1. Expansion. Now covers primaries, nominating conven-
tions, preference primaries, as well as general elections for
Federal Office (including House of Representatives).
2. Political Committee. Abolition of the D. D. Committee
loophole. Political Committee is now defined as any organiza-
tion accepting contributions or making expenditures in an
aggregate sum exceeding $1,000 per year.
3. (a) Expenditures and contributions are defined so as
to clearly refer to the electoral process (i.e. no office oper-
ating accounts).
(b) There is a contribution exclusion which provides
that person volunterring their time are not to be construed
as contributions.
B. RECORDS TO BE KEPT:
1. Any person receiving more than $10 for a political
committee shall report same to committee treasurer within 5
days -- including contributor's name, address and date.
2. Committee Treasurer. Records must reflect:
(a) All contributions.
(b) Name and address of all persons contributing
over $10 and date of contributions. also occupation & place of FIBRARY business
(c) All expenditures made, names, and addresses GORAL adn
dates of those receiving the expenditures.
- 2 -
(d) Receipted bills and copies of over $100 expenditures.
C. REGISTRATION:
To be done within 10 days of formation - shall file with
the Clerk of the House.
D. REPORTS BY CANDIDATES OR POLITICAL COMMITTEES:
1. Filings on the 10th day of March, June, and September
of each year, by the 31st of January and 15 and 5 days "next
preceding the date on which an election is held." Any contri-
butions over 5,000 occurring after last filing to be reported
within 48 hours of the election.
2. Report shall disclose:
(a) Cash on hand at beginning of the period.
(b) Name, addresses and dates and occupation of all
persons contributing in aggregate sum in excess of $100
for the year.
(c) Total sum of all contributions.
(d) Name. and address of any political committee or
candidate to which the committee trnasferred funds or
received funds from date of all transfers.
(e) Loans to or from any person in aggregate of more
than $100 during the year.
(f) Total amount of proceeds from sales of dinner,
luncheon, rally tickets, and balloons, pennants, etc.
(g) Any other transaction in excess of $100.
(h) Total sum of all receipts during the period.
FORD CIGRARY
(i) Name, address, occupation, dates, amount and
- 3 -
purpose of all expenditures over $100 including personal
services.
(j) Amount and nature of debts owed to or by the
committee.
(k) Reports to be cumulative.
E. SECTION 305 (2 USC 435) :
Reports of contributions made by persons to other htan
political committee or candidate are to be filed by the
contributor.
GERALD LISAMAY FORD
1970 - FEDERAL CORRUPT PRACTICES ACT
2 U.S.C. (241-256) Outline
Section 241: A. Coverage. (1) The act covers "elections"
defined as general or special elections, but specifically
excludes primary elections and political conventions.
(2) Political Committee - any organization, associa-
tion, etc., that either accepts contributions, or makes expendi-
tures on behalf of candidates for office providing, that the
organization is attempting to exercise its influence in at
least two states or if it is in only one state and is a sub-
sidiary of national political organization. State so define asto
B. Political Committee Duties ($242) : Each committee
exclude the Dist. of Colambic
must have a Chairman and a Treasurer, the committee being
forbidden to act until such positions have been filled.
(1) Treasurer's Duties: Treasurer is to keep an
exact account of :
a. All contributions, including name and
address of contributor and date of contribution.
b. All expenditures made by or on behalf of
the committee including names and addresses and
dates of all persons receiving expenditures. All
expenditures in excess of $10 require the obtaining
and keeping of a receipted bill.
C. Contribution Accounts (§243) All persons (persons
also includes organizations, etc., and is not limited to
individuals) who receive contributions for a political committee
must account for them to the committee treasurer within 5 days,
including names, addresses and dates.
- 2 -
D. Required Statements Filed by Treasurer with Clerk
of House of Representatives:
(1) Frequency: Between 1st and 10th days of March,
June, September, and January lst. Statements to be cumulative,
January 1 statement to cover preceding year (uncharged items
may be carried forward). Also, where candidates are being
supported in at least two states, filings required between
"15th and 10th days and 5th day next preceding" a general
election.
(2) Contents:
a. Name and address of each contributor of
at least $100 (aggregate) during the calendar year
and contribution dates.
b. Sum total of all contributions not indivi-
dually itemized (i.e. less than $100).
C. Total sum of contributions for the year.
d. Name and address of each person who
received an expenditure over $10 during the year,
including, date, amount and purpose of expenditure.
e. Total expenditures not covered by (d).
f. Total sum of expenditures for the year.
E. Non-Committee Statements: Anyone expending $50
or more for a political committee shall file a statement with
the Clerk reflecting same type of information as "D" above.
F. Statements Filed By Candidates ($246) (1)
Frequency. 10 - 15 days before and within 30 days after a
general election the candidate must file a statement with the
LISARY
Clerk of the House. Statements to be cumulative, with uncharged
- 3 -
items carried forward.
(2) Requirements:
a. A correct and itemized account of each contri-
bution received by him or by any person with his know-
ledge, from any source, in support or aid of his candi-
dacy, together with the name of the person who made
the contribution.
b. A correct and itemized account of each expendi-
ture made by him or with his knowledge in support of
his candidacy. Names of persons and dates are required
if the expenditure is one for computing campaign expen-
diture totals (infra), otherwise only total sum figures
need be reported.
C. A candidate is required to report every pro-
mise of appint or recommendation for appointment made
to procure supprt to whom made, addresses, dates.
If no such promises made, this is to be stated.
d. The first statement shall include a total
number of votes cast for all candidates in the last
election based upon official state records (for purposes
of computing expenditure ceiling).
G. Miscellaneous Requirements ($247) :
a. All statements filed by either the committee
treasurer, candidate, or third party must be verified by oath
or affirmation.
b. Filing -must be deposited in mailbox, postage
paid
postmailed by deadline date.
RALD LERRANT
H. Spending Limitations ($248) : A candidate shall make
- 4 -
a maximum of $5,000 in expenditures for a House race. Computed
on a basis of three cents per vote cast in previous election.
Optional method limited to $2500.
In computing expenditures, money expended by a candi-
date, the following are not included:
1. State filing and assessment fees
2. Necessary personal travel and subsistence expense
3. Stationery, postage,
4. Writing or printing (other than billboard or
newspaper ads)
5. Distribution costs for circulars, letters & posters
6. Telephone service.
I. Prohibited Promises (§249) : Candidate is prohi-
bited frommaking promises of appointments for the purpose of
securing funds.
J. §250 makes vote buying illegal.
K. Prohibited Contributors ($251) Contributions
from any National Bank or corporation organized by authority
of any law of Congress are prohibited. $5,000 fine for viola-
tion (to corporation and/or corporate officers).
L. General Penalties for Violations ($252) :
1. Violation is worth $1,000 or 1 year or both
2. Willful violation is $10,000 or 2 years or both.
GERALD Pv FORD LIBRARY
1970
ELECTIONS
CRIMINAL SANCTIONS: 18 USC
$592, $593, $594, §596
Not applicable.
§595 - Prohibits interference in elections by Federal Employees.
§597 - Prohibits vote buying
§598 - Coercion by means of relief appropriations - N.A.
§599 - Prohibits prmise of appointment by candidate as means
of securing support. 1,000 or 1 year or 10,000 - 2 years
if willful
§600 - Promise of employment or toher benefit prohibited - 1,000
or 1 year
§601 - Prohibits deprivation of employment (or threat of) pro-
vided for or made possible by Act of Congress - 1,000 or
1 year
§602 - Prohibits Congressman or candidate for Congress from
soliciting from Federal Employees. $5,000 or 3 years
§603 - Soliciting (§602) in federal offices 5,000 or 3 years
§604 - Solicitations from persons on Relief 1,000 or 1 year
§605 - Prohibits disclosure of names of persons on relief for
political purposes 1,000 or 1 year
$606 - Intimidation to secure political contributions (§602) -
5,000 or 3 years
§607 - Prohibits government employee making contribution for
promotion - $5,000 or 3 years
§608 - Limitations on Political Contributions and Purchases.
a. Over 5,000 during any calendar year to candidate
for Federal office or to committee or candidate's
AMYWSIT
or party's behalf ------- does not apply to contribu-
- 2 -
tions to State or local committee or D.C.
Committee.
b. Purchases of goods, advertising, etc., the pro-
ceeds of which will benefit candidate is prohibited --
excludes regular known trade or profession of
candidate.
§609 - Maximum contributions to and expenditures by Committee
not to exceed 300,000 in any one year. 1,000 or 1 year.
Willful violation 10,000 - 2 years
§610 - Prohibits contributions from national banks, corpora-
tions authorized by any law of Congress or
or
organizations. 1,000 - 1 year. Willful 10,000 - 2 years
§611 - Government contractors prohibited from contributing -
5,000 or 5 years
§612 - We know about.
GERALD T LIBRARY FORD
Form 217 The Riggs National Bank
Extra Carbon Copy for the "PENDING" File
To Stenographer:
on
Hand this copy to Mr.
March 10, 1972
The Committee to Re-Kleck Jurry Ford
P. O. Box 2014
Washington, D.C. 20013
Gentlement
Thank you very much for the account opened on our books entitled
The Committee to Re-Elect Jerry Ford, with an initial deposit of
$1,000.00. The number assigned to the account is 15 06 152 906 and
should appear on all deposits and checks.
It is our understanding from your Unincorporated Association
Reselution for Bank Accounts dated March 7, 1972, that we are authorised
to honor checks for the withdraval of funds on this account when signed
by either of the following:
Charles T. Marck
Chairman
James G. Morton
Secretary-Treasurer
Imprinted checks and deposit tickets have been ordered and will be
mailed directly to you when completed.
We appreciate very much this new account relationship and look
Conward to being of service to you.
Sincerely yours,
W. Daway Cooper
Assistant Vice President
Assistant Manager
/m
00: Bookkeeping Department
Business Development
Authorization File
GERALD FORD LIBRARY
PR 310
UNINCORPORATED ASSOCIATION
RESOLUTION FOR BANK ACCOUNTS
/Treasurer
James G. Morton
I,
, Secretary of The Committee to Re-Elect
exact name of association
Jerry Ford
an association organized and existing in the State of Wash., D. c.
,
do hereby certify to The Riggs National Bank of Washington, D. C., that the
following is a true copy of a resolution duly adopted, in accordance with the
By-Laws, by the
of the said association at a meeting held
, 19 , and that the said resolution is in full force and
effect as of this date, has not been modified and is not inconsistent with any
of the provisions of the By-Laws or the Charter of the said association
"RESOLVED, That The Riggs National Bank of Washington, D. C., is hereby desig-
nated a depositary for the funds of this association and the said bank is hereby
authorized and directed to pay checks and other orders for the payment of money
drawn in the name of this association when signed by:
Charles T. Marck, Chairman
and/or
James.G. Morton, Secretary-Treasurer
(Note: It is suggested that titles be used rather than names.
and the said bank shall not be required, in any case, to make inquiry respect-
ing the applications of any instrument executed in virtue of this resolution;
or of the proceeds therefrom, nor be under any obligation to see to the appli-
cation of such instrument or proceeds."
I FURTHER CERTIFY that the following now occupy the respective offices desig-
nated in this resolution herein quoted and are duly qualified:
NAMES
TITLES OF OFFICES HELD
Charles T. Marck
Chairman
James G. Morton
Secretary-Treasurer
7th
IN WITNESS WHEREOF, I have affixed my official signature this
day
March
of
, 1972.
Secretary
Treasurer
ATTEST: Marilipe Gross
President Chairman
RARY
INSIGHT,INC.
November 6, 1972
ADVERTISING AND PUBLIC RELATIONS
400 PEOPLES BLDG. GRAND RAPIDS, MICHIGAN, 49502, PHONE 454-9434.
Friends for Ford Committee
Attn: Mr. Joel Soule, Treasurer
865 Union Bank Building
Grand Rapids, Mi. 49502
The following is a statement of services and charges to your account during Oct.-Nov., 1972
CHARGES
PREVIOUS
DESCRIPTION
BALANCE
PAYMENTS
NEW BALANCE
AND/OR CREDITS
This is a complete billing of 1972
campaign charges to date. Final
reconciliation of all supplier
statements is not yet possible.
However, it is believed that any
further credits and/or debits will
be relatively minor.
COLLATERAL PRODUCTION, 1972 GERALD
R. FORD CAMPAIGN
BUMPER STICKERS (Job #1328)
Project planning & administration
No Chg
Art direction, paste-up, produc-
tion supervision
35.00
Photostats
29.97
Printing, 10M bumper stickers
823.75
CAMPAIGN BUTTONS (Job #1329)
Project planning, creative re-
search & administration
32.50
Layout, art direction, production
supervision
52.50
Printing & manufacture, 15M buttons
278.53
LITTERBAGS (Job #1331)
Project administration & produc-
tion supervision
No Chg
Printing & manufacture, 6M bags
275.25
PALD R. FORD LIBRARY
(MORE)
Accounts are due and payable 10 days after billing date. Payments, credits or charges made after the last day of the month (closing
date of each billing cycle) will appear on your next statement.
No FINANCE CHARGE is made on accounts paid In full within 30 days. Any account past due MAY be assessed a service fee
of 0% per month periodic rate, which Is an ANNUAL PERCENTAGE RATE of 21%, up to the total permitted under Michigan
statutes. herein. Any such too would be applied to the previous balance AI TER deducting current payments and/or credits appearing
INSIGHT,INC.
ADVERTISING AND PUBLIC RELATIONS
400 PEOPLES BLDG. GRAND RAPIDS, MICHIGAN, 49502, PHONE 454-9434.
Friends for Ford Committee
Oct.-Nov., 1972
Page 2 (Continued)
The following is a statement of services and charges to your account during
DESCRIPTION
CHARGES
PREVIOUS
BALANCE
PAYMENTS
NEW BALANCE
AND/OR CREDITS
CAMPAIGN POSTERS (Job #1332)
Project planning & administration
22.50
Layouts, art direction, paste-up,
production supervision, type,
negatives & stats including photo
enlargement, plates, printing &
mounting of 150 posters (3 diff-
erent styles)
739.01
LETTERHEAD & ENVELOPES (Job #1381)
Layout, paste-up, production
supervision
57.00
Type, photostats, offset negs
83.70
Printing
123.57
FORD CORPS MEMBERSHIP CARDS
Copy, layout, paste-up & produc-
tion supervision
37.25
Offset negatives & 2-color
printing of 5M cards
107.15
ISSUE LEAFLETS, 8 Different on
following subjects: Quality
education, Non-Public schooling,
Tax relief, Welfare reform,
Economy, Peace & security,
Environment, Senior citizens
GERALD Pr. FORD LIBRARY
Project planning & administration,
research, copy writing & secretarial
495.00
(MORE)
Accounts are due and payable 10 days after billing date. Payments, credits or charges made after the last day of the month (closing
date of each billing cycle) will appear on your next statement.
No FINANCE CHARGE is made on accounts paid in full within 30 days, Any account past due MAY be assessed a service fee
of 2% per month periodle rate, which is an ANNUAL PERCENTAGE RATE of 21%, up to the total permitted under Michigan
statutes. Any such tee would he applied to the previous balance AFTER deducting payments and/or credits appearing
herein.
INSIGHT,INC.
ADVERTISING AND PUBLIC RELATIONS
400 PEOPLES BLDG. GRAND RAPIDS, MICHIGAN, 49502, PHONE 454-9434.
Friends for Ford Committee
Oct.-Nov., 1972
Page 3 (Continued)
The following is a statement of services and charges to your account during
DESCRIPTION
CHARGES
PREVIOUS
BALANCE
PAYMENTS
NEW BALANCE
AND/OR CREDITS
Layouts, art direction, still
photography, graphics, paste-up
& production supervision
606.00
Type - headlines & body copy -
and photo processing
1,609.62
Printing - 62½M 2-color leaflets
3,058.90
Printing - 7½M 1-color Peace &
security broadsides for special
mailing
110.12
GRAND TOTAL
$ 8,647.32
46,586.20
11/197/78
LIBRA
#
Accounts are due and payable 10 days after billing date. Payments, credits or charges made after the last day of the month (closing
date of each billing cycle) will appear on your next statement.
No FINANCE CHARGE is made on accounts paid In full within 30 days. Any account past due MAY be assessed a service fee
of 0% per month periodic rate, which is an ANNUAL PERCENTAGE RATE of 24%, up to the total permitted under Michigan
statutes. Any such too would be applied to the previous balance AFTER deducting current payments and/or credits appearing
herein.
)off
STATEMENT
III
SIACO2
November 6, 1972
INSIGHT.INC.
ADVERTISING AND PUBLIC RELATIONS
400 PEOPLES BLDG. GRAND RAPIDS, MICHIGAN, 49502, PHONE 454-9434.
456-6476
Ford for Congress Committee
Attn: Mr. Britton L. Gordon, Treasurer
c/o Dover, 3rd Floor
2627 East Beltline, SE
Grand Rapids, Mi. 49506
The following is a statement of services and charges to your account during Oct.-Nov., 1972
PREVIOUS
CHARGES
DESCRIPTION
BALANCE
PAYMENTS
NEW BALANCE
AND/OR CREDITS
This is a complete billing of 1972
campaign charges to date, including
corrections to media charges as pre-
billed earlier, plus production costs.
Final reconciliation of all media and
supplier statements is not yet
possible. However, it is believed
that further credits and/or debits
will be relatively minor.
BROADCAST
TELEVISION TIME
WKZO-TV, Kalamazoo
$1,720.00
$1,137.00
$ +583.00
WOTV, Grand Rapids
3,900.00
4,805.00
-905.00
WZZM-TV, Grand Rapids
2,058.00
2,040.00
+ 18.00
TELEVISION PRODUCTION
Project planning, research &
administration
180.00
Media budgeting & scheduling
No Chg
Copy writing - four 5-minute
programs & one :10 ID (161/4 hrs)
487.50
Photography - - slides & motion
picture, including film editing
(21½ hrs)
645.00
Photographic processing - stills,
35 mm. & 16 mm.
243.31
Graphics - Art direction, fin-
ished art on dropcards, paste-up,
GERALD R. FORD
slogan type, photostat, 5 overlays
222.07
(MORE)
Accounts are due and payable 10 days after billing date. Payments, credits or charges made after the last day of the month (closing
date of each billing cycle) will appear on your next statement.
statutes. of Any auch fee would he Applied to the previous AF FH deducting paymenth
0% per month periodic rate, which 14 an ANNUAL I'F RCENTARE RATE of 21%, up to the total permitted under Michisan
No FINANCE CHARGE Is made on accounts paid In full within 30 days, Any account past due MAY be assessed a service fee
herein.
STATEMENT
INSIGHT,INC.
ADVERTISING AND PUBLIC RELATIONS
400 PEOPLES BLDG. GRAND RAPIDS, MICHIGAN, 49502, PHONE 454-9434.
Ford for Congress Committee
Oct-Nov, 1972, Complete Billing
Page 2 (Continued)
The following is a statement of services and charges to your account during
DESCRIPTION
CHARGES
PREVIOUS
BALANCE
PAYMENTS
NEW BALANCE
AND/OR CREDITS
Talent, audiotaping and audio
supervision - four programs and
one ID (Including transportation
expenses to Chicago)
980.33
Videotaping and VTR supervision,
all television
700.40
+3,458.61
RADIO TIME
WGRD-AM, Grand Rapids
480.00
480.00
-
WLAV-AM,
"
"
957.00
969.00
-12.00
WOOD-AM,
"
"
918.00
918.00
-
WOOD-FM,
"
"
432.00
432.00
I
WJEF-AM,
"
"
500.00
500.00
-
WFUR-AM,
"
"
360.00
396.00
-36.00
WJPW-AM, Rockford
234.00
260.00
-26.00
WMAX-AM, Grand Rapids
240.00
240.00
-
WYON-AM/FM, Ionia
169.60
169.60
-
WZZM-FM, Grand Rapids
182.40
182.40
----
I
RADIO PRODUCTION
Project planning, research &
administration
90.00
Budgeting & scheduling
No Chg
Copy writing, 7 announcements
(7 7/12 hours)
227.50
Talent (7 single-voice & 1 2-
voice annct) and audiotaping,
audio supervision, engineering &
11 tape dubs (including transpor-
GERALD R. FORD LIBRARY
tation expenses to Chicago)
658.00
+975.50
(MORE)
Accounts are due and payable 10 days after billing date. Payments, credits or charges made after the last day of the month (closing
date of each billing cycle) will appear on your next statement.
No FINANCE CHARGE is made on accounts paid In full within 30 days. Any account past due MAY be assessed a service fee
of 0% per month periodic rate, which is an ANNUAL PERCENTAGE RATE of 21%, up to the total permitted under Michisin
statutes. Any such fee would be applied to the previous balance AFTER deringting commin payments and/or credits appearing
herein.
INSIGHT,INC.
ADVERTISING AND PUBLIC RELATIONS
400 PEOPLES BLDG. GRAND RAPIDS, MICHIGAN, 49502, PHONE 454-9434.
Ford for Congress Committee
Oct-Nov, 1972, Complete Billing
Page 3 (Continued)
The following is a statement of services and charges to your account during
PREVIOUS
CHARGES
DESCRIPTION
BALANCE
PRINT
PAYMENTS
NEW BALANCE
AND/OR CREDITS
NEWSPAPER SPACE
The Almanac (all editions)
470.40
428.40
42.00
Ionia County News
69.00
69.00
Ionia Sentinel-Standard
252.00
252.00
Belding Banner News
138.00
138.00
Saranac Advertiser
154.80
154.80
Portland Review & Observer
198.00
198.00
Lake Odessa Wave
138.00
138.00
Rockford Register
237.60
237.60
Cedar Springs Clipper
192.60
192.60
Lowell Ledger/Suburban Life
211.20
211.20
South Kent News/Wyoming Advocate
247.20
247.20
West Michigan Catholic
423.60
423.60
Sparta Reminder-Sentinel
494.40
494.40
Kent County Farm Bureau News
88.20
88.20
Grand Rapids News
123.60
123.60
Grand RapidsTimes
583.20
583.20
The Interpreter
684.00
684.00
Grand Rapids Press
1,839.60
1,839.60
Middleville Sun/Caledonia News
138.00
138.00
Greenville News
403.20
403.20
Glory magazine
190.59
190.59
G.R. Jr. College Collegiate
141.18
I
141.18
NEWSPAPER PRODUCTION
Project planning & administration
155.00
Budgeting & scheduling
No Chg
Copy research & writing (6½ hrs)
165.00
Layout, art direction, paste-up,
GERALD
production supervision
461.75
(MORE)
Accounts are due and payable 10 days after billing date. Payments, credits or charges made after the last day of the month (closing
date of each billing cycle) will appear on your next statement.
No FINANCE CHARGE is made on accounts paid in full within 30 days. Any account past due MAY be assessed a service fee
of 0% per month periodic rate, which is an ANNUAL PERCENTAGE RATE of 21%, up to the total permitted under Michigan
statutes. Any such fee would be applied to the previous balance At TE# deducting current payments crading appoaring
herein,
INSIGHT,INC.
ADVERTISING AND PUBLIC RELATIONS
400 PEOPLES BLDG. GRAND RAPIDS, MICHIGAN, 49502, PHONE 454-9434.
Ford for Congress Committee
Oct-Nov, 1972, Complete Billing
Page 4 (Continued)
The following is a statement of services and charges to your account during
PREVIOUS
CHARGES
DESCRIPTION
BALANCE
PAYMENTS
NEW BALANCE
AND/OR CREDITS
Photography, photo processing,
photostats
200.59
Type - headlines & body . for
five regular newspaper ads, one
magazine ad, one special newsp ad
659.92
Zinc combinations & etchings,
offset negatives, mats & proofs
1.127.53
+2,769.79
BILLBOARD SPACE
Naegele Advertising
3,000.00
3.000.00
-
BILLBOARD PRODUCTION
Project planning & administration
72.50
Budgeting & scheduling
No Chg
Layout, production supervision,
paste-up
92.00
Photography, including retouching
118.35
+282.85
Printing, Ft. Wayne Poster Co.
2,232.00
2.232.00
----
MISCELLANEOUS
Press relations - release on HQ
opening; typing & distribution of
speech excerpts to media
No Chg
Decor, headquarters & bus -
Planning & administration
60.00
Layouts, art direction, pro-
duction supervision
105.00
Mounting photo enlargements, Int.
34.36
GERALD R FORD LIBRARY
Exterior sign construction &
painting, including type
329.13
(MORE)
Accounts are due and payable 10 days after billing date. Payments, credits or charges made after the last day of the month (closing
date of each billing cycle) will appear on your next statement.
No FINANCE CHARGE Is made on accounts paid In full within 30 days. Any account past due MAY be assessed a service fee
statutes of Any such tee would he Applied 10 the previous balance AF IF# defusting payments uppoaring
2% per month periodic rate, which 14 an ANNUAL PERCENTAGE RATE of 21%, up to the total permitted under Michigan
herein,
INSIGHT,INC.
ADVERTISING AND PUBLIC RELATIONS
400 PEOPLES BLDG. GRAND RAPIDS, MICHIGAN, 49502, PHONE 454-9434.
Ford for Congress Committee
Oct-Nov, 1972, Complete Billing
Page 5 (Continued)
The following is a statement of services and charges to your account during
DESCRIPTION
CHARGES
PREVIOUS
BALANCE
PAYMENTS
NEW BALANCE
AND/OR CREDITS
Slide production for Republican
National Convention & general use
Project planning & administra.
18.75
Photography (incl. Ionia trip)
75.00
Film stock & processing
24.75
+646.99
Recording endorsement for Dan
Hess.
No Chg
(The estimated value of services
for hours contributed by agency
personnel above those billed herein
(and not covered by ordinary
commissions) totals $5,720. In-
cluded in this category are pre-
campaign research, meetings and
consultation with the campaign
committee and staff, certain copy
writing and press release prepara-
tion, non-charged art direction and
production services, and media
publicity arrangements.)
No Chg
GRAND TOTAL & FINAL BALANCE
$32,935.11
-$24.996.19
$7,938.92
(Please pay amount in
last column)
R FORD LIBRARY
GERALD
Accounts are due and payable 10 days after billing date. Payments, credits or charges made after the last day of the month (closing
date of each billing cycle) will appear on your next statement.
No FINANCE CHARGE is made on accounts paid In full within 30 days. Any account past due MAY be assessed a service fee
of sm per month periodic rate, which 15 an ANNUAL PERCENTAGE RATE of 21%, up to the total permitted under Michi JAM
statutes, Any such two would he applied to the previous Delatice AFTER deducting current and/or
herein,
m. Pat Jennings
Clerk
Office of the Clerk
H.S. House of Representatives
Washington, D.C. 20515
July 20, 1973
TO:
CANDIDATES FOR THE U. S. HOUSE OF REPRESENTATIVES AND POLITICAL
COMMITTEES AND OTHER PERSONS SUPPORTING SUCH CANDIDATES
FROM:
W. PAT JENNINGS, CLERK OF THE HOUSE
SUBJECT: DISCLOSURE OF EARMARKED CONTRIBUTIONS AND EXPENDITURES
Supplement No. 1 to the Manual of Regulations and Accounting
Instructions relating to disclosure of Federal Campaign funds for candidates
for the U. S. House of Representatives and political committees and other
persons supporting such candidates under the Federal Election Campaign Act
of 1971, that covers the disclosure and reporting of earmarked contributions
and expenditures, is attached as enclosure (1).
Additionally, three separate examples (each with its own attach-
ments) of reporting receipt and expenditure of earmarked funds are provided
to illustrate such disclosure procedures as enclosure (2).
Clerk
U. S. House of Representatives
Enclosures
301. Pat Jennings
m. Pat Jennings
Clerk
Clerk
Office of the Clerk
Office of the Clerk
U.S. House of Representatives
U.S. House of Representatives
Mashington, D.C. 20515
Mashington, D.C. 20515
Supplement No. 1 to the
MANUAL OF REGULATIONS AND ACCOUNTING INSTRUCTIONS
EXAMPLE ONE WITH THREE ATTACHMENTS
RELATING TO FEDERAL CAMPAIGN FUNDS FOR CANDIDATES FOR THE
U. S. HOUSE OF REPRESENTATIVES AND POLITICAL COMMITTEES AND OTHER PERSONS
THIS EXAMPLE OF EARMARKING ILLUSTRATES THE RECEIPT AND AGGREGATION OF
SUPPORTING SUCH CANDIDATES UNDER THE FEDERAL ELECTION CAMPAIGN ACT OF 1971
EARMARKED FUNDS BY A POLITICAL COMMITTEE AND THE TRANSFER OF THOSE
EARMARKED FUNDS TO A CANDIDATE'S POLITICAL COMMITTEE.
Disclosure of Earmarked Contributions and Expenditures
On June 11, 1973 William P. Anderson, 1500 South Brookline Drive,
Each candidate, political committee, and other person required to
New York, New York, 10001, a stockbroker in New York City, contributed
file reports under the Act who receives an earmarked contribution or makes
$1,000.00 to the New Yorkers for Good Government (a political committee),
an earmarked expenditure (including any transfer of funds) that is subject
2 Grant Avenue, New York, New York, 10001. Of the $1,000.00 contribution,
to the reporting requirements of the Act and these Regulations shall report
Mr. Anderson earmarked $500.00 for John McCormack, a candidate for the
the full name and mailing address, occupation and principal place of business,
U. S. House of Representatives in the Third Congressional District of New York.
if any, of the donor or any other person who originally earmarked the
Because this is the second contribution - the first was $200.00 - the
contribution or expenditure; the name and address of each political committee
New Yorkers for Good Government have received from William P. Anderson,
or the name, Congressional District, and State of each candidate for whom
his aggregate year-to date total is $1,200.00. Further, because both
the contribution or expenditure is earmarked; and the amount of such contri-
contributions to New Yorkers for Good Government earmarked portions of the
bution or expenditure earmarked for each such candidate or political committee
total contributions - $60.00 of the first contribution of $200.00, and
and the aggregate amount earmarked for each during the calendar year.
$500.00 of the second contribution of $1,000.00 - for John McCormack, Third
Congressional District of New York, William P. Anderson's aggregate year-to-
The reporting required by this regulation shall be in addition
date total of earmarked funds for candidate McCormack is $560.00. (Reported
to all other reporting of such contribution or expenditure required by the
on Attachment 1, PAGE 4)
Act and these Regulations; shall be performed by all candidates, political
committees and other persons receiving, expending, or transferring earmarked
The New Yorkers for Good Government transferred on July 14, 1973,
funds; and shall be reported together with all other required information
$2,700.00 including the $500.00 portion of the contribution by William P.
on the appropriate Schedules A-D supplementing H. R. Election Forms 2 or 3.
Anderson earmarked for John McCormack, Third Congressional District of
New York, to the Elect McCormack to Congress Committee, 650 Victory Lane,
DEFINITION: (To be alphabetically inserted among other definitions in the
Albany, New York, 10003. (Reported on Attachment 2, PAGE 5) Finally, the
Manual of Regulations and Accounting Instructions issued by the Clerk of
Elect McCormack to Congress Committee received the $2,700.00 from the New
the House.)
Yorkers for Good Government on August 1, 1973. (Reported on Attachment 3,
PAGE 6)
"Earmark," "Earmarked," and "Earmarking" include all and any
designations, instructions, or encumbrances (including but not limited to
those which are direct or indirect, express or implied, oral or written)
which cause or result in all or any portion of a contribution or expenditure
being made to or expended for the benefit of a specific candidate or political
committee.
Enclosure (2)
PAGE 3
July 20, 1973
Enclosure (1)
GERALD
PAGE 2
SCHEDULE A
ITEMIZED RECEIPTS-CONTRIBUTIONS, TICKET PURCHASES, LOANS, AND TRANSFERS
NEW YORKERS FOR GOOD GOVERNMENT
Part No. 1
(Full Name of Candidate or Committee)
(Use for itemizing Part 1, 2, 3, 4, or 5)
SEE REVERSE SIDE FOR INSTRUCTIONS
(Use separate page (s) for each numbered Part)
Date (month,
Full Name, Mailing Address, and ZIP Code
Amount of Receipt
day, year)
(occupation and principal place of business, if any)
Aggregate Year-to-date
This Period
(complete if applicable)
William P. Anderson (Stockbroker in New York City)
6/11/73
1500 South Brookline Drive
$ 1,000.00
New York, New York 10001
Aggregate Year-to-date
$ 1,200.00
[$500.00 earmarked for John McCormack, 3rd Congressional
District of New York, by William P. Anderson, a stockbroker
in New York City, 1500 South Brookline Drive, New York, New
York, 10001; aggregate year-to-date
Aggregate Year-to-date
earmarked funds $560.00]
$
Aggregate Year-to-date
$
Aggregate Year-to-date
$
EXPLANATION:
An individual contributed $1,000.00 to a political committee, earmarking
$500.00 of the total contribution for a specific candidate. This is the second
time during the calendar year that the individual earmarked funds for the same
candidate; the first earmarking was for $60.00.
Aggregate Year-to-date
$
Aggregate Year-to-date
$
TOTAL THIS PERIOD
FORD
Example 1 - Attachment 1 of 3
(Last page of this Part only)
Enclosure (2)
PAGE 4
A
SCHEDULE D
аначемант СИА ВИАОЛ ВИЗАНОЯТЧ тянот
ITEMIZED EXPENDITURES-PERSONAL SERVICES, LOANS, AND TRANSFERS
MEM BOK COOD солекинкил
NEW YORKERS FOR GOOD GOVERNMENT
Part No. 10
(дло TOT eaU)
10 etabibast to етлай
(Full Name of Candidate or Committee)
(Use for itemizing Part 7, 8, or 10)
SEE REVERSE SIDE FOR INSTRUCTIONS
яоя and наянуня 388
(Use separate page (s) for each numbered Part)
(treq beredman dose Tol (a)egaq eaU)
Amount of
Date (month,
Full Name, Mailing Address, and ZIP Code
to InvomA
abod has useribbA aciliaM лоши Hart
stall
(occupation and principal place of business, if any)
Expenditure
day, year)
borred anT
This Period
stab-of-rseY
(yne
It
,ssestiand
to
soald
Ingionize
has
(seeve ,Res
(eldesliggs edalymes)
Elect McCormack to Congress Committee
(voio day well nt повтеблА %
7/14/73
650 Victory Lane
$ 2,700.00
00.000,1 B
0021
ET/LINA
Albany, New York 10003
10001 >laol well "HIOY well
00.00S.I
bill TOT beframmas 00.0022]
[$500.00 earmarked for John McCormack, Third Congressional
B .9 mallItW vd ,AIOY w90 to Johnsalu
District of New York, by William P. Anderson, 1500 South
Brookline Drive, New York, New York, 10001, a stockbroker
well wall svind divo? 0021 VIID XioY wsit at
in New York City.]
TOOOI:
"XICY
100.0022 ebout
EXPLANATION:
A political committee transfers $2,700.00 to another political committee,
.9933lmmo3 [soluting S 03 00.000.12 betuditinoo Isublvibol as
including $500.00 earmarked for a specific candidate.
broosa odd at sidT n Indod odd to 00.0022
BATILE
bedismise
adj
36d3
TBSY
siti
salumb
emto
.00.082
BBW
add
TOTAL THIS PERIOD
21HT JATOT
Example 1 - Attachment 2 of 3
(Last page of this Part only)
(viso 1189 to
(S)
Enclosure (2)
PAGE 5
SCHEDULE A
ITEMIZED RECEIPTS-CONTRIBUTIONS, TICKET PURCHASES, LOANS, AND TRANSFERS
ELECT MCCORMACK TO CONGRESS COMMITTEE
Part No. 5
(Full Name of Candidate or Committee)
(Use for itemizing Part 1, 2, 3, 4, or 5)
SEE REVERSE SIDE FOR INSTRUCTIONS
(Use separate page (s) for each numbered Part)
Date (month,
Full Name, Mailing Address, and ZIP Code
day, year)
Amount of Receipt
(occupation and principal place of business, if any)
Aggregate Year-to-date
This Period
(complete if applicable)
New Yorkers for Good Government
8/1/73
2 Grant Avenue
$ 2,700.00
New York, New York 10001
Aggregate Year-to-date
$
[$500.00 earmarked for John McCormack, Third Congressional
District of New York, by William P. Anderson, 1500 South
Brookline Drive, New York, New York, 10001, stockbroker in
New York City; aggregate year-to-
Aggregate Year-to-date
date earmarked funds from all
$
sources $560.00]
Aggregate Year-to-date
$
Aggregate Year-to-date
$
Aggregate Year-to-date
$
EXPLANATION:
A political committee recieves $2,700.00 transferred from another political
committee, including $500.00 earmarked for a specific candidate.
Aggregate Year-to-date
$
Example 1 - Attachment 3 of 3
TOTAL THIS PERIOD
(Last page of this Part only)
Enclosure (2)
PAGE 6
98-740 2
300. Pat Jennings
Clerk
Office of the Clerk
U.S. House of Representatives
Mashington, D.C. 20515
0021
EXAMPLE TWO WITH THREE ATTACHMENTS
THIS EXAMPLE OF EARMARKING INVOLVES THE RECEIPT OF A CONTRIBUTION BY A
CANDIDATE, WHICH INCLUDES FUNDS EARMARKED FOR ANOTHER CANDIDATE.
On August 15, 1973 William P. Anderson, 1500 South Brookline Drive,
New York, New York, 10001, a stockbroker in New York City, contributed
$5,000.00 to John McCormack, 111 Winners Circle, Albany, New York, 10003,
who is a candidate for the U. S. House of Representatives in the Third
Congressional District of New York. (Reported on Attachment 1, PAGE 8)
William P. Anderson earmarked $2,500.00 of his contribution for John Adams,
35 Belleview Drive, Great Neck, New York, 10002, a candidate for the U. S.
House of Representatives in the Second Congressional District of New York.
John McCormack transferred to John Adams the earmarked $2,500.00 on
August 23, 1973. (Reported on Attachment 2, PAGE 9) John Adams received
the earmarked $2,500.00 on August 31, 1973. (Reported on Attachment 3,
PAGE 10)
Enclosure (2)
PAGE 7
(S)
GERALD
SCHEDULE A
ITEMIZED RECEIPTS-CONTRIBUTIONS, TICKET PURCHASES, LOANS, AND TRANSFERS
JOHN MCCORMACK-3rd Congressional District of New York
Part No.
1
(Full Name of Candidate or Committee)
(Use for itemizing Part 1, 2, 3, 4, or 5)
SEE REVERSE SIDE FOR INSTRUCTIONS
(Use separate page (s) for each numbered Part)
Date (month,
Full Name, Mailing Address, and ZIP Code
Amount of Receipt
day, year)
(occupation and principal place of business, if any)
Aggregate Year-to-date
This Period
(complete if applicable)
William P. Anderson (Stockbroker, New York City)
1500 South Brookline Drive
8/15/73
$ 5,000.00
New York, New York 10001
Aggregate Year-to-date
$
[$2,500.00 earmarked for John Adams, Second Congressional
District of New York, by William P. Anderson, 1500 South
Brookline Drive, New York, New York, 10001, a stockbroker
in New York City]
Aggregate Year-to-date
$
Aggregate Year-to-date
$
Aggregate Year-to-date
$
Aggregate Year-to-date
$
EXPLANATION:
An individual contributed $5,000.00 to a candidate, earmarking $2,500.00 of
that for another candidate.
Aggregate Year-to-date
$
Aggregate Year-to-date
$
TOTAL THIS PERIOD
FORD
Example 2 - Attachment 1 of 3
(Last page of this Part only)
Enclosure (2)
PAGE 8
SCHEDULE D
ЗЯЗЧНИАНТ ОИА CENTRATE
ITEMIZED EXPENDITURES-PERSONAL SERVICES, LOANS, AND TRANSFERS
JOHN MCCORMACK-3rd Congressional District of New York
Part No. 10
(Full Name of Candidate or Committee)
(Use for itemizing Part 7, 8, or 10)
SEE REVERSE SIDE FOR INSTRUCTIONS
3833V39 388
(Use separate page (s) for each numbered Part)
(treq
Full Name, Mailing Address, and ZIP Code
Amount of
Date (month,
tournA
11v9
Amount eda(I
day, year)
(occupation and principal place of business, if any)
Expenditure
sidT
(vou
(any
This Period
mildaques)
John Adams - 2nd Congressional District of New York
35 Belleview Drive
$ 2,500.00
00.000.2
0021
8/23/73
Great Neck, New York 10002
10001
[$2,500.00 earmarked for John Adams, 2nd Congressional District
not 00.002.52)
of New York, by William P. Anderson, 1500 South Brookline
.8
to
Drive, New York, New York 10001, a stockbroker in New York
10001
City.]
EXPLANATION:
Candidate transfers an earmarked contribution to the designated candidate.
:ИОТТАИАЛУХЕ
00.002.58 00.000,22 Isublvibat aA
not
TOTAL THIS PERIOD
JATOT
Example 2 - Attachment 2 of 3
(Last page of this Part only)
(vide
S
Enclosure (2)
PAGE 9
STORE
SCHEDULE A
ITEMIZED RECEIPTS-CONTRIBUTIONS, TICKET PURCHASES, LOANS, AND TRANSFERS
JOHN ADAMS - 2nd Congressional District of New York
Part No. 5
(Full Name of Candidate or Committee)
(Use for itemizing Part 1, 2, 3, 4, or 5)
SEE REVERSE SIDE FOR INSTRUCTIONS
(Use separate page (s) for each numbered Part)
Date (month,
Full Name, Mailing Address, and ZIP Code
day, year)
Amount of Receipt
(occupation and principal place of business, if any)
Aggregate Year-to-date
This Period
(complete if applicable)
John McCormack - 3rd Congressional District of New York
8/31/73
111 Winners Circle
$ 2,500.00
Albany, New York 10003
Aggregate Year-to-date
$
[$2,500.00 earmarked for John Adams, 2nd Congressional
District of New York, by William P. Anderson, 1500 South
Brookline Drive, New York, New York 10001, a stockbroker
in New York City.]
Aggregate Year-to-date
$
Aggregate Year-to-date
$
Aggregate Year-to-date
$
EXPLANATION:
A candidate received the transfer from another candidate of an
earmarked contribution.
Aggregate Year-to-date
$
Aggregate Year-to-date
$
TOTAL THIS PERIOD
Example 2 - - Attachment 3 of 3
(Last page of this Part only)
Enclosure (2)
PAGE 10
m. Pat Jennings
Clerk
Office of the Clerk
U.S. House of Representatives
Mashington, D.C. 20515
EXAMPLE THREE WITH FOUR ATTACHMENTS
THIS EXAMPLE OF EARMARKING ILLUSTRATES THE RECEIPT OF "EARMARKED" FUNDS
BY AN "OTHER PERSON" (AS DEFINED IN SECTION 305 OF THE FEDERAL ELECTION
CAMPAIGN ACT OF 1971) TO BE SPENT FOR THE BENEFIT OF A SPECIFIC CANDIDATE.
On May 19, 1973 the Committee to Elect John McCormack, 650
Victory Lane, Albany, New York, 10003, expended to Geoffrey A. Staunch
the sum of $500.00 to be spent for the benefit of John Adams, a candidate
for the U. S. House of Representatives in the Second Congressional District
of New York. (Reported on Attachment 3, PAGE 14)
These funds were expended by Geoffrey A. Staunch on May 27, 1973
for the benefit of John Adams, Second Congressional District of New York as
follows: 1) $235.00 to Ridgewell's Caterers, Old Forge, New York, for
food and drinks for lawn party, 2) $200.00 to Hansen Signs, Old Forge,
New York, for yard signs for lawn party guests, and 3) $65.00 for various
miscellaneous expenses and reported as unitemized expenditures in Part 9(b).
(Reported on Attachment 4, PAGE 15)
Since these funds were expended by an "other person," Mr. Staunch
filed a report in accordance with the provisions of Section 305 of the
Federal Election Campaign Act of 1971. (Attachments 3 and 4 are preceded
by a cover page, Attachment 1, PAGE 12, and a summary page, Attachment 2,
PAGE 13. These attachments illustrated a properly executed Section 305
report showing the expenditure of earmarked funds by an "other person").
Enclosure (2)
PAGE 11
GERALD
UNITED STATES HOUSE OF REPRESENTATIVES
Office of the Clerk
Washington, D.C.
REPORT OF RECEIPTS AND EXPENDITURES
FOR A
COMMITTEE
SUPPORTING ANY CANDIDATE(S) FOR NOMINATION OR ELECTION TO THE
UNITED STATES HOUSE OF REPRESENTATIVES
Identification Number
Geoffrey A. Staunch
(Full Name of Committee)
n/a
2 Lake Drive
Raquette Lake, New York 10004
(Street)
(City, State, ZIP code)
TYPE OF REPORT
(Check Appropriate Box and Complete, if Applicable)
March 10 report.
June 10 report.
September 10 report.
January 31 report.
Fifteenth day report preceding
election on
(Primary, general, special, runoff, caucus, or convention)
(Date)
Fifth day report preceding
election on
(Primary, general, special, runoff, caucus, or convention)
(Date)
Termination report.
[X] Report required by Section 305 of P. L. 92-225
VERIFICATION BY OATH OR AFFIRMATION
State of
New York
SS.
County of
Hudson
I, Geoffrey A. Staunch
being duly sworn, depose (affirm) and say
(Full Name of Treasurer of Committee)
that this Report of Receipts and Expenditures is complete, true, and correct.
(signed)
(Signature of Treasurer of Committee)
Subscribed and sworn to (affirmed) before me this 1 day of
June
A.D. 1973
,
(signed)
(Notary Public)
[SEAL]
My commission expires June 30
1974
RETURN COMPLETED REPORT AND ATTACHMENTS TO:
The Clerk, U.S. House of Representatives
Example 3 -
Office of Records and Registration
Enclosure (2)
Attachment 1 of 4
1036 Longworth House Office Building
PAGE 12
Washington, D.C. 20515
H.R. ELECTION- FORM 3
GERALD
ЕЗVIТАТИ323Я93Я 70 HORE 23TATE АЗТІИИ
Name of Committee Geoffrey A. Staunch
to
SUMMARY REPORT COVERING PERIOD FROM April 7, 1973
THRU May 31, 1973
D.O
Column B-
Column
Calendar year
This period
to date
СИЛ TO тяочня
SECTION A-RECEIPTS:
Part 1. Individual contributions:
A яот
a. Itemized (use schedule A*)
$
RETTIMMOO
b. Unitemized
Total individual contributions
0
$
0
or MOITORIN яо ИОГГАИПМОЙ яоч (8)STACIONAO YMA эитяоччиа
Part 2. Sales and collections:
TO HEUOH ESTATE
Itemize (use schedule B*)
$
0
$
0
Part 3. Loans received:
a. Itemized (use schedule A*)
$
Hu%)
b. Unitemised
$
S
Total loans received
$
0
$
0
Part 4. Other receipts (refunds, rebates, interest, etc.):
a. Itemized (use schedule A*)
$ 500.00
b. Unitemised
$
Total other receipts
$
500.00
$ 500.00
Part 5. Transfers in:
0
0
Itemize all (use schedule A)
$
$
тяочая TO
500.00
H
TOTAL RECEIPTS
$
$ 500.00
SECTION B-EXPENDITURES:
or
or
Part 6. Communications media expenditures:
Itemize all (use schedule C*)
$
0
$
0
or
18
Part 7. Expenditures for personal services, salaries, and reimbursed expenses:
to
a. Itemized (use schedule D*)
$
b. Unitemised
$
Total expenditures for personal services,
TO
0
0
salaries, and reimbursed expenses
$
$
200
Part 8. Loans made:
ИОГТАМЯТЧА no HTAO Y8
a. Itemized (use schedule D*)
$
b. Unitemised
$
Total loans made
0
to
$
$
0
Part 9. Other expenditures:
a. Itemized (use schedule 0)
$ 435.00
b. Unitemised
$ 65.00
Total other expenditures
$ 500.00
$ 500.00
to
Part 10. Transfers out:
at has
Itemize all (use schedule D*)
$
0
$
0
(bongle)
500.00
500.00
TOTAL EXPENDITURES
$
$
to
SECTION C-CASH BALANCES:
email
to
em
Cash on hand at beginning of reporting period
$
0
Add total receipts (section A above)
$ 500.00
(bengie)
Subtotal
$ 500.00
Subtract total expenditures (section B above)
$ 500.00
OF
delaslmance
Cash on hand at close of reporting period
$
0
or STARKHOATTA ЦИЛ тяочня CERTIFICO
SECTION D-DEBTS AND OBLIGATIONS:
to .8.0 sholD off
Part 11. Debts and obligations owed to the committee (use schedule E*)
$
0
(S)
bes to
Part 12. Debts and obligations owed by the committee (use schedule E*)
$
0
drrowand 8801
*Schedules are to be used only when itemization is required. (See each Schedule for instructions.) When itemization is unnecessary for a given
Part, the total of any amounts for that Part is to be entered as a lump sum on the "Unitemized" line of the appropriate Part of the Summary Report.
The word "None" should be entered on any line of the Summary Report when no amount is being reported.
Enclosure
(2)
Example 3 - Attachment 2 of 4
PAGE 13
SCHEDULE A
ITEMIZED RECEIPTS-CONTRIBUTIONS, TICKET PURCHASES, LOANS, AND TRANSFERS
Geoffrey A. Staunch
Part No. 4
(Full Name of Candidate or Committee)
(Use for itemizing Part 1, 2, 3, 4, or 5)
SEE REVERSE SIDE FOR INSTRUCTIONS
(Use separate page (s) for each numbered Part)
Date (month,
Full Name, Mailing Address, and ZIP Code
day, year)
Amount of Receipt
(occupation and principal place of business, if any)
Aggregate Year-to-date
This Period
(complete if applicable)
Committee to Elect John McCormack
5/19/73
650 Victory Lane
$ 500.00
Albany, New York 10003
Aggregate Year-to-date
$
[$500.00 earmarked for the benefit of John Adams, 2nd
Congressional District of New York, by William P. Anderson,
1500 South Brookline Drive, New York, New York 10001, a
stockbroker in New York City]
Aggregate Year-to-date
$
Aggregate Year-to-date
$
Aggregate Year-to-date
$
Aggregate Year-to-date
$
EXPLANATION:
An "other person" received $500.00 from a political committee,
earmarked for the benefit of a specific candidate.
Aggregate Year-to-date
$
TOTAL THIS PERIOD
Example 3 - Attachment 3 of 4
(Last page of this Part only)
Enclosure (2)
LL LIBERTY
PAGE 14
(5)
БУСЕ
LEBIOD
A
LOB
LICKEL
SCHEDULE C
ITEMIZED EXPENDITURES-COMMUNICATIONS AND NON-COMMUNICATIONS MEDIA
Geoffrey A. Staunch
Part No. 9
Example 3 Attachment 4 of 4
(Full Name of Candidate or Committee)
(Use for itemizing Part 6 or 9)
SEE REVERSE SIDE FOR INSTRUCTIONS
(Use separate page (s) for each numbered Part)
ALLOCATE EXPENDITURES
CHECK ()
BY CANDIDATE
EXPENDI-
(To be completed only by Committees
TURE BY
supporting more than one candidate)
ELECTION
DATE
OF
PAYEE
PAY-
(Recipient of Payment)
AMOUNT
MENT
PURPOSE OF EXPENDITURE
(month,
Full Name, Mailing Address,
(For communications media
day,
(occupation and principal
expenditures, also specify
General
Special
Runoff
Caucus
Convention
OF
Amount
Primary
EXPENDITURE
Full Name, Congressional
of Expendi-
THIS
District (if applicable),
ture This
year)
place of business, if any)
date(s) of use)
C
PERIOD
State, and Party
Period
Ridgewell's Caterers
John Adams
5/27/73
1400 Third Street
Food & Drinks
$ 235.00
2nd Congressional
100%
Old Forge, New York 10004
for lawn party
District of New York
Democratic
Hansen Signs
John Adams
5/27/73
Boulevard Mall
Yard Signs
2nd Congressional
100%
Old Forge, New York 10004
for lawn party guests
$ 200.00
District of New York
Democratic
[$500.00 earmarked for the benefit of John Adams, 2nd Congressional
District
of New York, by William P. Anderson, 1500 South Brookline, New York,
New
York, 10001,
a stockbroker in New York City]
EXPLANATION:
PAGE 15
An "other person" is reporting expenditures of funds earmarked for
Enclosure (2)
the benefit of a specific candidate. NOTE: $65.00 was spent on various
miscellaneous items which are accounted for and reported as an unitemized
expenditure in Part 9(b).
TOTAL THIS PERIOD
(Last page of this Part only)