House And Senate Ethics Committee Investigations

Douglas Dziak is Senior Counsel and Christopher DeLacy is a Partner in the Washington D.C. office

Recent news about questionable conduct, both pre- and post-election, has resulted in an increased focus on the internal process for Congressional oversight and discipline. Unlike most entities, the U.S. Congress is self-regulating when it comes to the conduct of its Members. While this may appear unusual or self-serving, this authority to self-police conduct derives directly from the U.S. Constitution.

Of course Members of Congress, Senators, and congressional staff are, with limited exceptions, subject to the laws of the United States. However, the House and Senate are the only entities that both determine their own rules of conduct and determine if those rules of conduct have been broken. That is, the final determination of whether or not a Member of Congress, Senator, or congressional staff has violated House or Senate ethics rules is made by the House Committee on Ethics and the Senate Select Committee on Ethics (referred to as the House and Senate Ethics Committees) respectively.

Jurisdiction

Article 1, § 5, Clause 2 of the United States Constitution:

"Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behavior, and with the Concurrence of two thirds, expel a Member."

Both the House and Senate Ethics Committees are authorized to investigate allegations of improper conduct that may reflect poorly upon the House or Senate, may be violations of the law, violations of the House or Senate Code of Official Conduct, and violations of the rules and regulations of the House or Senate. Based on such investigations, the House and Senate Ethics Committees may recommend disciplinary action, up to and including recommendations of expulsion from their respective chambers, and report violations of the law to proper federal and state authorities. The Ethics in Government Act of 1978, as amended, designates the House and Senate Ethics Committees as the supervising ethics offices for Congress.

The House and Senate Ethics Committees have jurisdiction over Members, Officers, and employees of the House and Senate. Once a Member, officer, or employee resigns from the House or Senate, the House and Senate Ethics committees lose jurisdiction over that individual and, with one notable exception, any pending investigation will cease. Likewise, the House and Senate generally, with the exception of financial disclosures, have not...