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December 19, 2016
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January 9, 2006
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February 27, 1967
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February 27, i3Oproved F4pORRywispi6Vp0/4hcfAtFDPFABOOR38R000300090053-8 H775 broad outlines and many of its specific provisions, this year's administration bill is very similar to that which was de- bated, modified, and ultimately passed by the House last year. There is, however, one significant ex- ception. The administration, unfortu- nately, did not see fit to include in this year's draft legislation any form of pre- ventive relief to preclude interference with freedom of speech, assembly, or petition in relation to civil rights. I am today introducing a bill fill this gap. The bill which I am offering today is identical to title III of H.R. 14765, the civil rights bill of 1966, as reported on June 30, 1966, by the House Judiciary Committee. This title would provide an avenue of injunctive relief, through civil action, in two types of instances: First. Where there are reasonable grounds to believe that any person is about to engage or continue to engage in any act or practice which would deprive another of any right, privilege, or im- munity granted, secured, or protected by the Constitution or laws on account of such person's race, color, religion, or national origin; and Second. Where there are reasonable grounds to believe that any person is about to engage or continue to engage in any act or practice which would deny or hinder another in the exercise of his lawful right to speak, assemble, petition, or otherwise express himself for the pur- pose of securing recognition of or protec- tion for equal enjoyment of guaranteed and protected rights free from dis- crimination. In such instances, the bill would au- thorize a person, or the Attorney General for or in the name of the United States, to institute a civil action or other pro- ceeding in the U.S. district courts for temporary or permanent preventive re- lief', including rostra ining orders or in- junctions. Mr. Speaker, this measure is in accord with a line of legislative proposals which have been discussed on both sides of the Capitol for a full decade. As part III, this approach was offered during the Eisenhower administration and was passed by the House in 1957. As title III, it was debated during our consideration of the Civil Rights Act of 1964. As the Lindsay amendment, it was offered dur- ing floor debate on the Voting Rights Act of 1965. Again as title III, this proposal was introduced early last year by ap- proximately 20 Members of the House, accepted by Judiciary Committee as an addition to H.R. 14765, and passed by the House as an important part of that omnibus bill. In advancing this proposal, the com- mittee and the House have recognized its importance as a complement to the Fed- eral criminal laws which punish viola- tions of civil rights. Title III would give every American the assurance that he has a course of action to prevent such violations, and to guarantee that he may exercise his first amendment rights in advocating equal rights free from vio- lence, intimidation, interference or the threat of interference. This bill would also give our law enforcement officers a new tool with which to prevent violence. protect American citizens, and maintain civil order. I trust that the House Judiciary Com- mittee, in considering the administra- tion's civil rights package of 1967, will. continue the precedent set in 1966 and will again seek to improve our legislative guarantees of equal rights by reporting title III. FATE OF POWELL, TO BE DECIDED BY HOUSE ON WEDNESDAY (Mr. ,RUPPE at the request of Mr. GUDE) was granted permission to extend his remarks at this point in the RECORD and to include extraneous matter.) Mr. RUPPE. Mr. Speaker, Wednes- day we will be called upon to decide the fate of AnAm CLAYT:N Powimr. There is no question but what PC/WELL misused public funds and has acted in a grossly irresponsible manner. The facts of the Powell case have been carefully devel- oped by a special House committee, and that committee has recommended severe punishment. The American press has thrust the Powell ease into the forefront of Ameri- ca's attention. Before POWELL came the strange case of Bobby Baker, and the allegations and investigation of U.S. Senator THOMAS DODD. All of this has culminated in a deep suspicion by the American people of their elected repre- sentatives, I firmly believe that the great ma- jority of Congressmen and Senators are honest and of the highest integrity. But the fact remains that the actions of a few have cast doubt on the entire legis- lative branch of our Government. If we punish ADAM CLAYTON POWELL?and go no further?we have done little to repair the sagging reputation of Congress. It is my sincere hope that the Powell in- vestigation will culminate in the estab- lishment of a Standing Committee on Standards and Conduct. This commit- tee must have the power to investigate charges of official misconduct against any Member of the House of Representa- tives, and must have the authority to recommend corrective measures to the House concerning that Member. Only through such a committee can we begin to repair the reputation of the House of Representatives. SELECT COMMITTEE ON STAND- ARDS AND CONDUCT (Mr. LUKENS ( at the request of Mr. GUDE) was granted permission to extend his remarks at this point in the RECORD and to include extraneous matter.) Mr. LUKENS. Mr. Speaker, the new Members who are proposing that a select committee be established on standards and conduct in the House of Representa- tives are not attempting to be presump- tuous, nor are they suggesting that the Members who came here before them have been guilty of low standards and bad conduct. We know that, with a few possible exceptions, the integrity and honor of the Members of this body are beyond question. But we are concerned with the public attitude toward the Congress generally. Because of a few highly publicized de- partures from a standard the American people feel is required of their Represent- atives in Congress, a belief seems to have grown up that most Members of this honorable body indulge in practices of misconduct of one sort or another. It is at this belief that our resolution is aimed. Our resolution is not complicated. It would ask for the establishment of a select committee of 12 members?six from each political party?to be named by the Speaker and empowered to in- vestigate any violation of the law by any Member of this body. It would call upon Members to, first, make a full dis- closure of the assets, liabilities, honor- ariams, and so forth held by them, their spouses or any staff members making more than S15,000 annually; second, make a full disclosure of any interest, either financially or through kinship, with any firm practicing before any Fed- eral agency; third, make a full disclosure of any interest, regardless of amount, in any business whose right to operate is regulated by the Federal Government; and fourth make a full disclosure of any relatives?immediate family?carried on their congressional payrolls. Mr. Speaker, I am convinced that this kind of "gesture of honorability" is des- perately required at this time in our his- tory. The "credibility gap??with regard to the conduct of Congressmen, has not grown to such incredible size that it is more than a political issue?it is a men- ace to this Nation. Our people are con- fused, utterly, by conflicting statements from Government officials about the war in Vietnam, the need for a missile de- fense, the subsidizing of leftwing orga- nizations by the CIA, the doubts cast on the Warren Commission's findings, the direction of the economy, the cause of in- flation, the increase in crime in tll.e streets?to name just a few examples. I am convinced that this Congress has a great responsibility to resolve many of these doubts and I am confident that it will. But on the oaestion of its men honor and integrity, we cannot wait. We must show the American people as quick- ly as possible that, in this time of wide- spread disregard for law and order, we intend to keep the U.S. House as far above suspicion as possible. In effect, our own right to act for the American people is at stake in this question of ethics. We must establish it beyond all question and quickly. Thank you, Mr. Speaker. (Mr. HAMMERSCHMIDT at the re- quest of Mr. Guan) was granted permis- sion to extend his remarks at this point, in the RECORD.) [Mr. HA MMERSCHMIDT'S will appear hereafter in the Appeneflx. ! REVISION OF THE ADMINISTRATIVE PROCEDURE ACT The SPEAKER. Under previous order of the House, the gentleman from Vir- ginia I Mr. POUF I is recognized for 20 minutes. Approved For Release 2006/01/30 : CIA-RDP70600338R000300090053-8 11 1 7:6 Approved For Redmic24:1W01/40,1,cheipff7pso9opiwoo30009owTp,,, , 196,` V e. POPE. Mr. Speaker, as Govern- ment e rows, the identity and majesty of individual citizen shrinkie. l'ens terrible truth, and the urge to temper it. was at the root of the Admin- earatiye Procedure Act adopted by the ress in 1946. in the two decades which have elapsed then. Government has grown in eize and power more than ever before in a similar period. The time has come to make adjustments, take up the slack and elevate the citizen's posture to de- tei id his rni.hts in conflicts with Govern- ment. It is time to modernize the Ad- ministrative Procedure Act. This is the purpose ot the bill I have introduced o eta V. aee many reasons for the dra- matic mceease in citizen-Government conflicts. Growth in the private sector ha,; complicated life and compounded friationia rl the last 20 years the gross tat iional product has tripled. Scientific and technological changes have brought a taw sophistication to old disputes. In 1946, atomic energy, television and elec- Lemnos were in their infancy. The com- munications and transportation indus- tries were on a threshold no one fully appreciated. Space exploration was lady dreamed of. Those who wrote the original law in 1946 haedly anticipated demographic de- ,ielopments this generation of Ameri- cans has witnessed. Better fuel, food, aloithin, shelter, and medicine have pro- longed the life-expectancy, and with the heti) of greater immigration, America's copulation has increased by 45 million. Population is not only greater but it has ia'come increasingly concentrated in ur- bar_ pockets. These developments have created new problems, new needs, new iittitudes which in turn have created new programs, laws, licenses, regulations, and csantrols. As a consequence of these changes and developrner is, the likelihood of a citi- y,im confrontation with some arm of the many aims of Government is infinitely -crater today than it, was 20 years ago. Moreover, the substance of the conflict is more complicated and, in terms of both propeity and personal liberty, the eeselts of the conflict are more conse- quential. in such circumstances, the catizen's only protection is in stronger peocedural safeguards. To quote Mr. ? Ti rat ice Erankfureer: 'Elie history of liberty has largely been bisto-fy of procedural safeguards. Under our Constitution, the people of tisie United States are regarded as citi- sens rather than subjects. As such, they entitled to deal with the agencies of (.:overnmem. on a parity. The purpose or my bill is to restore a proper citizen- ( tavern/nem balance by insuring that procedures governing the settle- ment Ot Pisputes are not weighted eeisitist I he citizen. in pursuance of that purpose, my bill will guaeantee that interested citizens may be affected by agency rules and a-a nations will have an effective voice I, le torn: illation of those rules and ? ,laiaio as. aliese rules, including those which 'cern practice before the agency, and subsequent modifications or snteroreta- tions of these rules should be fully titib- licized. For Use sake of the citizen, rules eon- ceming investigations, hearings, evi- dence, and decisions should be clear and coastant and should guarantee e' Pry element of due process_ 'The practice of deposition; and dis- covery and the prehearing eonference procedure which have been used so c- cessfully in the Federal district courts to narrow the issues and expedite the trial, must be adapted to adversary proceed- nips before administrative and regula- tory agencies so far as practicable. The citizen should have the unre- stricted right to use subpena.s and to de- mand declaratory orders. In the field of administrative appeals, the citizen's- rights should be broadened and a new system of interlocutory ap- peals should be inaugurated to reduce the number of final appeals that otherwise would have to be made to the agency level. In the field of court appeals, the citi- zen should he guaranteed recourse to the Federal district courts except where there is specific statutory provision for appeal to another Federal court. Venue in such appeals should be patterned after that fixed in title 28 United States Code 13,c1 enacted in 1962 so that the citizen will not be required to come to Washing- ton but rather will be allowed to file his coraplaint in the Federal district court where he resides or has his principal place of business, or where the agency preceeding took place, or where any real preperty involved in the proceeding is situated. Mr. HUTCHINSON. Mr. Spea.ker. a :11 the gentleman yield? Mr. POFIlo. I air happy to yield to the distinguished gentleman from Mieli- ean.' Mr. HUTCHINSON. I thank the ge - ?ileraan for yielding. 1 wish to commend the gent email far his introduction of legislation to upct ite the Administrative Procedure Act. I know of the gentleman's interest in ti is field_ it is an interest of many yea 'a' duration. In 1.962, the gentleman was the author of the venue statute to which he has just referred. He fought hard and successfully to allow citizens having causes of actions against Governmect age.acies to sue she Government at home: in their own districts. He proposes new to cxtend ti (at principle to administra- tive appeals. The gentleman's observation about tl increasing complexity of the Govern- ment and the decreasing status of the individual citizen in it certain: y is well put and well taken. The gentleman from Virgin:A is otie of those individuals who does not merely decry the increasing complexity aed Power of povernment: he is a Member 1 Congress who proposes to do somethieg about it. The bill the gentleman is introducing tad.ay is i vidence of the fact that tae gentleman front Virginia is a "doer" rather than a Lalker. I commend the gentleman. Mr. POPE. T most sincerely appreci- ate the generosity of the gentleman's remarks. So lens: as he continues in the same vein I shall be glad to yield to him the remainder Cf the time which has been made avaiiahle to me. Mr. Spanker, this is only a broad-brush piciene of the provisions and purposes of the leeislatioa I introduced today. Similar le:lislat.on passed the other body in the last Congress. It is my hope that the House will take the lead this year and register its urgent concern for citizen protectioi in this vital area. COMMIT'il'EE ON WAYS AND MEANS-- PERMISSION TO FILE REPORT AND SUPPLEMENTAL VIEWS TO ACCOMPANY H.R. 6098 Mr. MILLS. Mr, Speaker, I ask unanimous consent that the Committee on Ways and Means may have until midnight on Monday next to file a re- pore and supplemental views to accom- pany H.R. 60911, the interest equaliza- tior tax bill. The SPEAKER pro tea-more (Mr. BENNETT) . Without objection, it is so ordered. There was no objection. CHANGE OF SPECIAL ORDER M.!. BUSH. Mr. Speaker, I ask unani- mous cons,?nt that the special order of the gentleman from California [Mr. HOSMER I, sahich I believe is for 10 min- utes and which was to follow mine, pre- cede my special order of today. Tee SPEAKER pro tempore. Is there objection TA the request of the gentle- mar from ?I'exas;? Ti :ere was no ab jection. NOiROLIFEItATION TREATY?A 1;.-UCLEAR YALTA? :ytie SPE AKER pro tempore. Under 4drevidus or.ier of the House, the gentle- man from. California, iMr. HOSMER I, is recognized. for 10 minutes. Mn HOSMER Mr. Speaker, in in go- tiating the non,aroliferation treaty the Johnson achniniAration trustfully looks ahead to a rosy e-sa in which promises are kept, rinclear spread is stopped, -U.S. security is enhanced and so on ad in- finitum or iiausern, as the case ma,y be. Humbug. Why the apparent Soviet shift from negative to positive on. this treaty? I i.ay "apparent" because they have wanted it all along, craftily figured the way td get it was seemingly to be forced, and are now laughing up their sleeves. Ti long negotiations gave them a foram td spew out venomous propa- gandi against the United States, West Germany, ancl others. It gave their atomic scieatists several years to turn into lethal hard ware knowledge gained befolie the test ban, in 1962, for 40 tests in a:T.E1 above the atmosphere. 'They multiplied taeir ,M1BM's and deployed a nuclear-tipped ABM system. The same years were those of ever intensifying U.S. involsement in Vietnam. As the iislministratime's peace :image tar- nished, with wily contumacy the Soviets fanned in an almost hysterical yen to consummaat tarnish-removing treaties. The Soviets watched as they might Approved For Release 2006/01/30 : CIA-RDP70600338R000300090053-8 .199proved FeEiggengspiN/E/iflEaWDP/Segi38R000300090053-8 H1777 Fehruard 27, watch a dog drool for a bone. By a negotiating striptease?peeling off small concessions and hints?they sharpened the Johnson administration's treaty de- sires while they themselves moved closer to the bone. Why? What, in addition to that already related, does the view of this treaty from the Kremlin offer them that we do not see? The answer is several sided. A prime Soviet objective since NATO was formed in the late 1940's has been to weaken it and then dispose of it and all other free world alliances. Unques- tionably the course of negotiations has reinforced European misgivings over whether, when the chips are down, the United States itself will come to NATO's nuclear defense. At the same time it sees the United States gasping for a treaty which simultaneously will ban Europe from developing atomic defenses on its own and bar the United States from sell- ing nuclear weapons to it for Europe's independent self-defense against Soviet aggression. Is this a nuclear Yalta? Actions speak louder than words and despite Johnson-Rush-McNamara reas- surances Europeans increasingly weigh the advantages of turning from Wash- ington and making their own accom- modation with Moscow's desire for world dominance. The seeming "togetherness" of the United States with the U.S.S.R. on this treaty can almost, by them, be taken as precedent. Recently in London Premier Kosygin told newsmen that "whether the Federal Republic of Ger- many likes it or not, the document must be signed." Almost contemporaneously? to gain West German adherence?head shrinking treatments were given to For- eign Minister Willy Brandt by President Johnson in Washington and to Chan- cellor Kurt Kiesinger by Soviet Ambas- sador Semyon Tsarapkin in Bonn. Another prime Soviet objective is to get rid of the U.S. strategic deterrent. The Soviets deployed a damage-limiting AI3M system while we negotiated. This affects the credibility of our deterrent when considered in parallel with McNa- mara's unwillingness to go for a U.S. ABM system and his refusal to replace the aging SAC bomber fleet. Of greater significance from the Soviet viewpoint, however, is what they may consider a "technology and treaty" approach to ending the deterrent. They may be- lieve, and induce others to believe, that the delays and limitations of under- ground testing, together with their ex- tensive 1962 test effort, compared with our modest effort, have given them a substantial lead in nuclear technology. Their ABM deployment and the absence of ours could be an argument to this point. They also see, perhaps have par- ticipated in, the buildup of pressures for a treaty banning even underground tests which could allow the United States to catch up. The Johnson administration shows every willingness to negotiate it either as a condition of the nonprolifer- ation treaty or a quick follow-on to it. If, indeed, the Soviets have gained nu- clear superiority, and before admitting it can maneuver an underground ban to freeze their superiority into permanent being, the U.S. deterrent will vanish. The ball game will be over. SPECIAL ETHICS COMMITTEE The SPEAKER pro tempore. Under previous order of the House, the gentle- man from Texas [Mr. BUSH] is recog- nized for 60 minutes. Mr. BUSH. Mr. Speaker, at the begin- ning of this special order, I would like to ask unanimous consent for all Mem- bers to revise and extend their remarks and include extraneous matter on this subject for a period of 5 legislative days. The SPEAKER pro tempore. Is there objection to the request of the gentle- man from Texas? There was no objection. Mr. BUSH. Mr. Speaker, I have taken this time today so that a number of our new Republican Members of the 90th Congress can address ourselves to the tremendously important subject of ethi- cal behavior in the House of Representa- tives. First, I want to make very clear that all of us support the active leadership role taken in this important area by our distinguished minority leader and by the Policy Committee. Both have made forceful appeals for a special ethics com- mittee. I hope what we do here will enforce and back up the forthright po- sition that they have taken on this im- portant subject. Today I have introduced a House res- olution (H. Res. 279) creating a select ethics committee and establishing rigid requirements for disclosure of assets and liabilities; disclosure of relationships with certain businesses, firms, and lobbyists; and also establishing full dis- closure of certain nepotic relationships. Many of my colleagues are joining to- day in introducing similar or identical resolutions. Mr. Speaker, the question we must ask ourselves is really a very basic and sim- ple one: Does a Congressman have the right to behave as he pleases?or does he have an obligation to the Congress and to the country to observe certain standards of conduct? Well, the Republican answer to that is very clear. We feel we most definitely do have an obligation. Like Caesar's wife, every Member of this House must be above suspicion. And if that means a self-imposed code of conduct, so be it. A problem exists; we must face up to it. We have a responsibility; we must live up to it. This is not a matter of exposing our weaknesses; rather we should look on this as an opportunity to demonstrate our strengths. James Reston wrote in the New York Times yesterday, February 26, in a col- umn devoted to corruption in America, that? The habit of honesty in the U.S.?in its people and in its institutions--is still too strong to be overwhelmed. That is why it is so important that we take the initiative. We must make the moves that will lead to a practical code of conduct, because if we do not, if we keep putting it off, we shall be answer- able for any misconduct to an aroused and angry America with that "habit of honesty that is too strong to be over- whelmed." It is important that we now use our energies to find ways of preventing mis- conduct, not waste our energies figuring out ways to punish it. We are being watched. And if anyone doubts it, he will find out soon enough if the House tries to pretend that the issue of congres- sional ethics is not a matter of real con- cern to every American. We cannot put this matter aside again. This time we must do something. It is too late to do nothing. My resolution calls for the creation of a special Ethics Committee. It goes fur- ther. It would make all Members dis- close their principal assets and liabili- ties, their sources of income, their rela- tionships with businesses which are beholden to the Federal Government for their right to do business. In addition it calls for a full disclosure of relatives on the payroll, and it requires the spelling out of any relationship financial or per- sonal, with any lobbyist. I know that some will feel this is an in- vasion of privacy or that by inference it suggests that many Members of the -House have something to hide. This criticism misses the point. No one is anxious to lay out for public scrutiny his personal financial affairs, but regrettably it must be done. For rightly or wrongly, until we act and act with force, the country is going to hold us in suspicion. I would add right here that these disclosure provisions should also apply to candidates for the Con- gress as well as Members. This must be covered by legislation which we should promptly enact. Some people say, "Oh, this disclosure stuff is old hat." I say that it is not old? it has never been tried. I have been impressed by the serious- ness of purpose of the Republican lead- ership in this broad area. It is the pur- pose today of the new Members to add our voices to the battle. True, we lack experience in the House, but we bring to this problem a fresh look. We feel to- tally uninhibited by tradition in this one sensitive area, because we think we heard the unmistakable clear voice of the peo- ple saying on November 8, "Go there and do something to restore respect for the House." We like the concept of a special Ethics Committee and many of us like the idea of doing more. We must demonstrate to the American people that we have noth- ing to hide. To so demonstrate we must bend over backward as far as our own personal disclosures go; but if these dis- closures remove the doubt that is trou- bling many Americans about their Con- gress, then it will have been worthwhile. Mr. Speaker, I urgently call on the leadership of this House to give us some action in this important area. I know I speak for many of my col- leagues when I say we do not come to this floor today leveling any charges at any Member or group. We come here having taken a fresh look at the prob- lem; we come here feeling we do know the will of the people on this important issue; we come here with a constructive spirit and with open minds; we come here restless with the status quo and eager to try. We come here determined to be a part of the first Congress in history that has Approved For Release 2006/01/30 : CIA-RDP70600338R000300090053-8 H 1778 Approved For ReglielAingttapAIPIIMURZIgB0-013MIQ030009005171.uary.-27, 1967 actually been willing to come to grips? forcefully and specifically?with this very touchy and difficult subject. This time we must do something?it is too late to do nothing. Now, Mr. Speaker, I shall be glad to yield to any of my colleagues who de- sire to participate in this colloquy. Mr. DELLENBACK. Mr. Speaker, will the distinguished gentleman yield? Mr. BUSH. I yield to the distinguished gentleman from Oregon. (Mr. DELLENBACK asked and was granted permission to revise and extend his remarks and to include extraneous m atter. ) Mr. DELLENBACK. Mr. Speaker, I thank th2 distinguished gentleman for yielding to me at this point. Mr. Speaker, I wish to commend the gentleman from Texas for the stand which he has taken today on the com- mencement of this particular action. However, I would like to add these few words: This is a statement which has been signed so far by 43 Members of the new freshman Republican group: We newly elected Republican Congressmen feel certain that the Congress of the United States?possibly with a few rare exceptions? is composed of men and women who are honest, dedicated and preparted both to preach and to practice adherence to a code of high personal morality and conduct. We feel strongly that no duly elected in- dividual member of Congress should be singled out, from our midst to be judged against any special standard against which we are not all ready and willing to be judged. In an effort to cause these feelings to take solid form, a number of us have earlier in this session introduced, or are today intro- ducing or supporting, bills and resolutions looking to :hese goals. In order to demonstrate to the people of the United States in a clear and convincing manner the fact that these feelings are not ours alone but are also the feelings of the entire Congress, we urge the entire Congress, and particularly the Members thereof sitting in positions of leadership in this Congress ,L3 Members of the majority Democratic party, to insist upon immediate study of and action upon proposed changes in House Rules and in statutes that will incorporate these feelings as part of such rules and statutes. We intend to push as hard as we are able toward the earliest possible attainment of these goals Done this 27th day of February. 1967 in Washington. D.C. by: SFIERM AN P. LLOYD, JOHN PAUL HAM MER- SCHMIDT. GUY VANDER JAGT, CHARLES E. WIGGINS, DANIEL E. BUTTON. WILLIAM V. R..: TH, WILLIAM 0. COWGER, GEORGE BUSH, THOMAS S. KLEPPE, DAN KUY- K NIALL, JAMES C. GARDNER. MARGAR ET M. HECKLER DONALD W. RIEGLE, JR.. CLARENCE E. MILLER, HENRY C. HADEBF.RG, JOHN M. ZWACH, Lours C. Y :VIA rc, M. G. SNYDER, HOWARD W. POLL.-,CK, SAM STEIGER, WILLIAM C. WAMPLER, CHARLES W. SANDMAN. Jon NT DELLENBACK, GASSY BROWN, J. II ERB FRT BURKE, THOMAS J. MESKILL, C HAL T.LERS P. W YLIE, WILEY MAYNE, C [I ARLES W. WHALEN, JR., WILLIAM A. STYLI:EP.. FLETCHER THOZVIPSON, JOHN E. lir: Ni' GILBERT GUDE. LARRY WINN, JR., ROGER H. ZION, EDWIN D. Es FILEMAN, JAIVIES A. MCCLURE, JAMES V. SMITH, EDWARD G. BIESTER, DONALD E. LUKENS, ROBERT D. PR/CE. WILLIAM L. SCOTT, ROBERT V. DENNEY, PHILIP F. RTJPPE, TOM RAILSBACK. Mr. BUSH. I thank the distinguished gentleman from Oregon arid I commend the gentleman for his forthright ap- proach to this subject. Mr. STEIGER of Arizona. Mr. Speak- er, will the gentleman yield? Mr. BUSH. Mr. Speaker, I am glad to yield to the distinguished gentleman from Arizona,. Mr. STEIGER of Arizona. Mr. Speak- er, as distasteful as it may be. it is an irrefutable fact of life that the elected official is regarded by those who elect him as capable of the most. flagrant dis- honor. Having most recently joined the ranks of this distinguished body, we of the freshman class are possibly even more cognizant of this fact than our more senior colleagues. It is my intention, and I am certain the will of my fellow freshmen, that the code of ethics herein proposed makes it patently clear that defections of honor are totally rejected a:3 a way of congressional life. I urge the adoption of this code, as well as an Election Reform Act which I am today introducing, not as an admission that wholesale chicanery will run rampant without it. but that our behavior will not be modified by its implementation. That the practices spelled out in the code are in keeping with our present conduct. There will always be those among us, on both sides of the aisle, who will suc- cumb to avarice; the code will not pre- vent this. The code will make the ap- prehension of the guilty more accessible; it will, most important of all, make the innocence of the vast majority of the membership of this body abundantly dis- cernible. Mr. BUSH. I thank the distinguished gentleman from Arizona. Mr. KLEPPE. Mr. Speaker, will the gentleman yield? Mr. BUSH. I ani delighted to yield to the distinguished gentleman from North Dakota. (Mr. KLEPPE asked and was given permission to revise and extend his remarks and to include extraneous matter. Mr. KLEPPE. Mr. Speaker. I also rise to commend the gentleman from Texas on his presentation of this much- discussed subject. At this point in the proceedings, I want to go on record as being in favor of part I, which covers the establishment of a Select Committee of the House on Standards and Conduct. This is in accordance with the Republi- can policy committee recommendation. and I agree with it. We presently have a code of ethics in the House which was passed on July 11, 1958, and which sets forth 10 points to which any person in Government service should adhere. I would suggest to the select committee so recommended by this resolution to carefully review these 10 points and to consider proper ways and means of en- forcing them. Mr. Speaker, I insert these 10 points at this point in the RECORD. I thank the gentleman from Texas for yielding. The 10 points referred to are as fol- lows: L Put loyalty' to the highest moral princi- ples and to country above loyalty to persons, pa:tty, or Government department. H. Uphold the Constitution, laws, and legal regulation.; of the United States and of all governtnents therein and never be a party to their evasion. LI Give a full day's labor for a full day's pay; giving to the performance of his duties his earnest effort and best thought. IV. Seek to find and employ more efficient and economical ways of getting tasks ac- complished. Y. Never disciiminate unfairly by the dis- peusing of speciil favors or privileges to any- whether fcr remuneration or not; and never accept, for himself or his family, favors or benefi:s order circumstances which might be consttued bf reasonable persons as in- fluencing the performance of his govern- mental duties. VI. Make no private promises of any kind binding upon the duties of office, since a Government employee has no private word which can be binding on public duty. 1711. Engage in no business with the GOV- ernment, either directly or indirectly, which is inconsistent with the conscientious per- formance of his governmental duties. 17111. Never use any information coming to him confidentially in the performance of gov- ernmental duties as a means for making pri- vate prof.t. IX. Es pose corruption wherever discov- ered. Uphold th.tse principles, ever conscious that public office is a public trust. : \Ir. BUSH. I yield now to the gentle- man front Tennessee [Mr. KUYKENDALL1. Mr. KUYKENDALL. Mr. Speaker, I thank the gentleman for yielding. Mr. Speaker, :[ would like to join the gentleman from Texas in urging support for the ethics and disclosure bill and to reiterate its importance to the House and to the Nation. We are all cognizant of the fact that each and every Member of Congress is presently governed by a writ- ten: code of ethics which was adopted on Ju:y 11, 1958. Although:I sincerely feel that even this code is really unnecessary to establish a standard of conduct for the vast majority of our Members, I am protid that we have one. At any rate, under the existing code of conduct, the Members of Congress are governed mealy by their own conscience since theee is no permanent organization or structure to investigate complaints or recommend di3ciplinary action by the Co:egress. Instances where it was necessary for con t:ess:.onal action to discipline a Mem- ben for unethical conduct have indeed been rare. Yet vie know that these pos- sib:Ries are real and I can think of no better way to provide for these possi- bilities than the ethics and disclosure bill which establish es a Select Committee of the House on Standards and Conduct. The3 committee will operate strictly on a nonpartisan basis and its work will be geared to enhance and strengthen the standards of conduct of the Members of the Hc use. We all know that the general public's opinion of the ethics of Members of Congress is not too high compared to the other profession:, and their opinion is particularly low tight now. This resolu- tion is an excellent opportunity for us to demons-trate and proclaim to the pub- lic tnat we are opposed to unethical prac- tices in any shape or form, and we are prepared to do something to guard against violations of otir standards of Approved For Release 2006/01/30 : CIA-RDP70600338R000300090053-8 190 p roved FeoWiassitWitctlikteglitOMP14619908R000300090053-8 111779 February- 27, conduct by establishing a committee for this purpose. We should be willing to judge our own Members and ready and able to deal with violations of our code with measures as harsh as neces- sary. The other provisions of the res- olution providing for full disclosure strengthen our position that we are op- erating above board with nothing to hide rnd this is the way it should be. Mr. BUSH. Mr. Speaker, I thank the distinguished gentleman from Tennessee for those pertinent comments. At this time, Mr. Speaker, I will yield to the gentleman from Connecticut [Mr. MESKILL1. Mr. MESKILL. Mr. Speaker, I thank the gentleman for yielding. Mr. Speaker; as one who has been a Member of this House for so short a time, I would ordinarily be reticent about urg- ing reforms in the procedures of the House. The rules, traditions, and oper- ations of the House have been evolved over the years. Generations of able minds have developed them in response to particular situations and in the quest for orderly, truly representative govern- ment. One does not lightly propose changes in a system which has brought just government to more free citizens than any other in history. But what is proposed today by my col- leagues and myself also follows years of tradition?bad tradition. From the be- ginning, scandals involving various Members of Congress have marred the public image of the legislative branch. Their cumulative effect has been to un- dermine public trust in our democratic institutions. Recent allegations of mis- deeds by Members and employees have shocked the Nation. Three of the major cases are very much with us today. One of them, arising in this body, is moving to a partial solution, at least, by the House on Wednesday. Another, involving an employee of the other body, has resulted in court convictions which are now on appeal. The third involves a Member of the other body from my own State. In addition, we can read almost daily in the press vague references to other misdeeds. The public demands and is entitled to reform. My bill, House Reso- lution 166, and the others of my col- leagues, are designed to provide not only a strict, fair code of ethics for the Con- gress but also the machinery for enforc- ing it. Until this is done, a cloud of moral suspicion will continue to hang corrosively over this Capitol. Let us act now to drive it away. Mr. BUSH. Mr. Speaker, I thank the distinguished gentleman for his com- ments. I would like to add, though, that I am sure all of us as new Members feel the concern that the gentleman from Con- necticut [Mr. MEsicfm.] expressed in his opening comments, but I would also add that perhaps we can take a new and fresh look at this problem. Mr. Speaker, I commend the gentleman for his forthright statement. At this time, Mr. Speaker, I yield to the gentlewoman from Massachusetts [Mrs. HECKLER]. Mrs. HECKLER of Massachusetts. Mr. Speaker, I thank the gentleman for yielding. Mr. Speaker, on the day Congress con- vened in January, my first day as a Member of the National House, I favored adoption of a code of ethics for Members of Congress. I believed strongly then, and believe strongly now, that such a code should be adopted. A law setting forth a code of ethics has been enacted for members of the Mas- sachusetts Legislature and are laws in the books in other States. In my judg- ment, there certainly should be an ef- fective code of ethics for Members of Congress, the highest lawmaking body in the Nation. Congress not only should do this but we have a duty and respon- sibility to do it. The fortune?or misfortune?of one Member of Congress is but a shadow of the problem. Its substance, and the larger issue, is the conduct?or miscon- duct?of Congress itself. A resolution of the hard problem posed by the gentleman from New York will be worse than meaningless if it is not ac- companied by reforms of wider applica- tion. To seat, to censure, and to fine a duly elected Representative for abuse of his public trust without imposing equal de- mands and expectations on his col- leagues, would lend credence to the charge of hypocrisy which the censured Member has already flung at these Chambers. How can the House content itself with chastising one Member for violation of an ethical code yet to be explicitly de- fined for all Members? How can the House, in conscience, set- tle the accounts of one Member without settling the accountability of all Mem- bers? How can the House slap one Member's wrist without holding out all Members' hands for inspection? If the Congress does not ask itself these questions, the people will ask them. Only the rapid development of a con- gressional code of ethics and its con- tinuing enforcement by a standing com- mittee from both Houses, will deny the gentleman from New York the martyr's robes. And, more importantly, only such a code and such a committee will insure the continued confidence in the Congress of our citizenry. The country waits for Congress. Let us not keep them waiting, For these reasons I maintain that the Congress must enact a strict, effective, and fair code of ethics now. Mr. BUSH. I thank the distinguished gentlewoman from Massachusetts. Mr. STEIGER of Wisconsin. Mr. Speaker, will the gentleman yield? Mr. BUSH. I yield to my colleague. (Mr. STEIGER of Wisconsin asked and was given permission to revise and extend his remarks and include ex- traneous matter and certain material in tabular form.) Mr. STEIGER of Wisconsin. Mr. Speaker, I am proud to join- my col- leagues, particularly the distinguished gentleman from Texas [Mr. Busx], in introducing and discussing a subject that deeply concerns the people of this country and this Congress--ethics and standards. We discuss today the ethics in this and the other Chamber and in our elec- tion process. This is a subject that de- serves more discussion and attention. It is a subject that we must concern ourselves with if we are to continue to have a workable relationship as Mem- bers of Congress with those who have elected us. The strength of our Government, of our federal system as we know it today, depends on the strength of our American system of elections as well as the faith the governed hold in those who govern. Our activity, in the past, in the future and now, will dictate our constituents' faith in our ability to serve. It is primarily, Mr. Speaker, through the exercise of the franchise to vote that American citizens participate in self - government. It is, therefore, vitally im- portant that we, as their duly elected representatives in this Congress, keep our constituents informed of our actions and purposes and that we leave no doubt in their minds as to the purpose of any actions. I have joined today with a number of my colleagues in introducing legislation designed to establish the procedure for Members of Congress, their spouses, and their assistants to disclose publicly their income and financial assets and liabil- ities. Both the resolution and the bill I have introduced will accomplish this important task. In keeping with the in- tent of this legislation, I have today placed on public file with the Clerk of the House a statement of my financial holdings. The bill establishing the Election Re- form Act of 1967 which I have intro- duced today will also take an important step toward filling another glaring weakness in our present system. The Election Reform Act of 1967 will close the holes in our present law, the Corrupt Practices Act of 1925. It will make sweeping changes in the reporting by candidates of expenditures for their campaign and the contributions they receive. In effect, it will create a re- porting system where now we have none. Mr. Speaker, the American Legion magazine, in August of 1966, did an ex- cellent job of outlining some of the problems now in existence with regard to the Corrupt Practices Act. The magazine said in part: The costs of campaigning in the United States have skyrocketed in recent years, and no end is in sight. In 1912, the 'Democrats reported spending $1,134,848 to elect Wood- row Wilson President, but in 1964 it cost the Republicans 17 times as much?$19,3l4,796--- to run Barry Goldwater's unsuccessful cam- paign for the Presidency. In 1948, the total reported national-level expenditures of the political parties was $8,771,879. In 1964, the total had soared to $47,762,890. It's been estimated that the real, total na- tional bill for political campaigns in 1964, from the Presidency down to town govern- ment, was in the neighborhood of $200 mil- lion?up from $140 million in 1952. In 1962, when the Presidency wasn't even at stake, about $100 million?or about $2 for each of the 53 million Americans -who went to the polls?was spent on races for Congress, state and local government. Mr. Speaker, it has become the pro- cedure, unhappily, for both political par- ties to raise the substantial amounts needed for political campaigns from Approved For Release 2006/01/30: CIA-RDP70600338R000300090053-8 tl 1780 Approved For REO3mit;ROMINcUANMLOBINRII3.900300090pg-Pitary e7, 1967 large contributors. My bill is designed to severely restrict this practice and en- courage small contributions of up to 8100. A Noveraber 18, 1966, editorial of the Sheboygan Press in Sheboygan, Wis.. provides a good discussion of the diffi- cult situation surrounding the soaring cost of political activities. I include that editorial at this paint as part of my remarks: POLITICAL EXPENSES Three members of the Senate bowed out when the 89th Congress adjourned. Sena- tors Neuberger of Oregon. Saltonstall of Massachusetts and Simpson of Wyoming were not seeking re-election. Saltonstati and Simpson may deliver themselves of some reflections, in clue course. on their experiences in Washington. Mrs. Neuberger already has uttered some sharp words that merits some attention. She went out with a penetrating and disturbing comments on her impressions of being a senator, specifically on the expense of main- taining membership in that august body. "Everything comes back to money," she said. "It's the one with the most money who will win. It is a thwarting of what we call the great democracy." It seems so. in- deed, when measured against what is spent on many a Senate election. She said her 1960 campaign cost $80,000 and termed it 'cheap" compared to the $2 million required in an Illinois senatorial election. Expenses in the larger states of New York and Cali- lornia reportedly are even higher. These observations by a retiring Senator are rather thought provoking. Mrs. Neu- berger stands little to gain by making them. ncr perhaps could generate a touch of enmity with her former colleagues. The Congress in its recent session passed an im- perfect bill granting the principal political parties certain funds contributed by willing taxpayers. The Neuberger remarks indicate that once a workable formula is achieved for presidential elections, as the new legislation provides, efforts should be made to extend the system to lesser offices. In order to help overcome part of this problem, Mr. Speaker, the last Congress passed a $1-per-person tax checkoff plan. I think the law is a poor one and include as part of my remarks two excel- lent editorials from newspapers in the Sixth District of Wisconsin, regarding this matter From the Fond du Lac Commonwealth Reporter I Da ?SEERS. ARE APPARENT Last year the Congress passed a $1-per- person tax checkoff plan for presidential cam- paign contributions. The foolish decision of Congress represents an extremely dangerous grant of power the heads of the national political parties. It is estimated that each party will receive approximately $30 million. Offhand?it is possible to ask why the In- ternal Revenue Service should serve as a col- lection agency for partisan politics. President Johnson signed the "Christmas Tree" bill with a statement saying "presi- dential candidates will no longer have to rely on special interest groups to meet the heavy financial burden of a campaign." Most everyone still has Bobby Baker in mind. ft is difficult to understand why partisan presidential campaigns should be sponsored by the public. There is nothing wrong if an individual wants to send a dollar to the Democrats or the Republicans, but it cer- tainly should not be deducted from his in- come tax payments, and, the overburdened Internal Revenue Service should not be sad- dled with the task of making the deductions. The trouble with the whole idea is that it places too much money without any re- straints in the hands of political organiza- tions. Robert F. Kennedy, New York Democratic Senator, sort of hit the proverbial nail on the head when he said: "Say you were my friend here in the City of New York and I was head of the Demo- cratic Party_ I'd say to you, Here's $500,000, I hope you can work for the cancridate in 1968. . . . And if you have a struggle for the nomination you know that the money is go- ing to go to the national committee. . . He can easily indicate to various parts of the country that they will receive large amounts Of money if they vote ir a way that meets his wishes." There is extremely serious danger when Congress attempts to intertwine ta collec- tions and methods with partisan and some- times corrupt politics. sent [From the Appleton Post-Cr escentj HOW NOT To FINANCE CAM:'AIGN.3 There has been a growing concern among many politicians and thoughtful voters that the ever-rising costs of campaigning make political office unattainable for some and un- palatable for others. But one way not to remedy the situation is the tax credit amend- ment hurriedly tacked on to the tax bill passed by the United States Senate in its closing moments Saturday. The provision, put into the bill by Sen- ator Long, aims at helping to fir ance presi- dential campaigns. A box on individual income tax returns may be checked by tax- payers beginning in 1968 if they wish to contribute $1 to a presidential campaign fund and have $1 deducted from their tax. Couples filing joint returns may contribute and deduct $2. The major pout cal parties, every four years, would then split the money subject to liraitations on the number of votes cast in the preceding presidential election. A minor party could get a share only by polling five million votes in the election. According to the .fosmula, the Democratic and Republican parties would each get $35 million for 1968. The overwaelming victories of Dernocra tic candidates have alarmed even some non- Republicans that our two party system iteelf is in peril. The tax credit would aim some- what at reducing this danger. As far as a valid deducible expense for every taxpayer interested in maintaining the two 'party sys- tem, the credit is probably sound. But it overlooks every taxpayeets right to support the party of his choice. In order to get me tax credit?and a very minor one?see must financially support both parties. And somehow it does not seem likely that either presidential candidate of the -iwo major parties is in such dire need. The money is needed far more down the line where neither $1,000 President's Clubs r or-massive union and 'at cat support generally lie. And while there is always some danger of GOO much power in elections in the hands of minor parties such as may be once more happening in the New York guberret- eorial race this fall, a tax credit goiag only T.0 the major parties in the form of a $15 million windfall puts an added handicap upon the development of a third party when it may some day be advantageous for our political system, There is certainly the pos- sibility, as Senator Gore insisted, that such a provision is not giving equal protection of the laws. If there is merit in the idea that political contributions should be tax deductible, a much better way would be to permit each taxpayer to teduct his contributions up to a certain amount regardless of party or candidate. Mr. Speaker, in order for us to more thoroughly understand the problem that exists insofar a:; our present election laws are concerned, I would like to in- clude at this point the history of the development of the Federal election laws as outlined on pages 3, 4, and 5 of the "Regulaten of Political Finance," pub- lished in 1966 by the Institute of Gov- ernmental Studies at the University of California, Berkeley, and the Citizen's Research Foundation at Princeton, N.J.: HISTORvCC. L DEVELOPMENT Federal legislation relating to money in politics first tock the form of protection against political assessment of federal em- ploy ees in 1867. This provision was later extended and broadened in the Civil Service Reform Act of 1883 which forbade the solici- tation of campaign funds from any federal officer or employee by a fellow officer or em- plotee, or 'ay ar other persons on federal premises. A 19(17 law prohibited political contributions by national banks and corpo- rations in e_ectio:-i of federal officials. A 1910 Act of Congress, providing for publicity of election campaign receipts and expenditures, was amended in 1911 to require similar pre- election staternerts and to limit the amounts that could be spent by candidates for the Home and Senate. These provisions ex- tended to primary elections and conventions, but provision for -this coverage was struck down by the Sup Tine Court in the Newberry decision in 1921 Subsequent court cases, maisly U.S vs Classic, would permit such coverage today, :ret Congress has not fully reasserted ..ts power over the nominating phase of ths electoeal process, and publicity provisions still reflect the Newberry decision. Relevant federal legislation was codified and revised but not substantially changed, in tie Federal Corr Apt Practices Act of 1925, whieh stile remains the basic law although amendments were raade to some of its provi- sion in 1984, 194, and 1948. This act regu- lates the reportir g of receipts and expendi- tures of political ccmmittees that are active in two or more states, The Hatch Aet, enacted in 1939 and amended in 1940, established a $5,000 limi- taticsi, backed by ceiminal sanctions, on the size of incl.vidual contributions made during a calendar year in connection with a cam- paigs for federal office; the act also put a $3,000,000 limitation on the amount that can be spent by an interstate political com- mittee, to influence or attempt to influence the ,election _of a candidate for federal office. The prohibition against corporate contri- butions has been complemented by similar ones against contiibutions by labor unions in both the Sniith-Cannally Act of 1944 and the Taft-Hartley Act of 1947. Thus it is unlaw- ful either for u:niens or corporations to make direct contr.buticne or expenditures in any federal election, primary election, political convention, or car cus. State legislation has followed much the same pattern as ehe federal. The financial actieities of candidates for the United States Senate and House are regulated concurrently by the federal and state governments, or by the states alone: campaign finance for all state and local candidates, parties, and com- mittees is regulated by the states alone. Only certain committees operating in two or more state; or for the election of federal officers are beyond tee control of the states. With tlais background, we should re- view the procedures of the State govern- ments and compare that with present procedures at ti:e Federal level. Tables 1. 2, 3, and 4 found on pages 59 through 67 of the "Regulation of P0- 1itice,:1 Finance" provide this information and I would like to include those tables as part of my remarks at this point: Approved For Release 2006/01/30 : CIA-RDP70B00338R000300090053-8 ApprovedForRtoar0 13_14136M)338R000300090053-8 Febvtary 27 , 1967 CON ti H 1781 TABLE 1.-Contribution and expenditure statements [Fey: Cand.-Candidate(s);,Corn.-Committee(s); R--Receipts; D-Disbursements; P-Primary election; G-General election] State Statements required from Stale- melds must coin a in FOrms provided by State or pre- scribed by statute Cam- paign MT ected Time of filing Failure to file reported to prose- cutor State- ment inspected by official Excessive or illegal expendi- tures reported to prose- cutor Alaska___ Com.1 & D. Yes 1'. & O. Ti days after P; 30 days after G Alabarn Arizon Cand., room. & others R. & D. Yes P. & O. 10 days after P; 30 days after 0 Arkansas Cand 1'. 30 days after (3alifornia Cand. & corn It D. Yes :P. & (3. 35 days after each Colorado Cando & coin R. & ft1 Yes P.& It. (1) Connecticut Cand. & coal R. & .)).3 Yes P. & 30 days after each Yes Yes Yes. .1)elaware_ 1,1orida_ (leorgia lawaii Cand. cool. It depositories I Cand., agents & corn & I). D. Yes P. & (3. & O. 20 days after each Yes Yes Yes. Idaho Cand & P. 20 days after Illinois_ _ Indiana__ Cand., agents & corn & D. Yes P. & G. (7) Yes Iowa Cand. & corn __ & D. Yes_ P. & (3. 30 days after each 8 K an sas Cand. & eom Jt.& & K entucky _ _ Cand. & corn _ It. & D. Yes P. & (3. 15 days before each; 30 days after each Louisiana Maine Cand. & COM It. & I). l'es It (1. 10 15 days before CI; 30 days after Yes Yes Yes. P. Maryland Cand. & com 11.1k D. Yes It 20 data after each Yes Massachusetts . ()and., trea,s. of corn. It depositories R.: A D. Yes P. & (; . 14 days after P; between 3d It 2nd Yes Yes Tues. before G; It 14 days after 0. Michigan Cand. & coin & I). Yes P. (i. 10 days after 1'; 20 days after G Yes Yes Yes. Minnesota Cand. & coin It. & 1) . Ycs P. & (1. 8 days before each; 10 days after each Yes_ Mississippi C and R. & 1). Yes 1'. (mc) Missouri _ Cand. & corn It. & 1).2 P. 1k Ci. 30 days after each Yes Yes Montana Cand., corn. & others R. It 1).3 Yrs_ P. & G. Cand.: 15 days after each; coin. It others-10 days after each. Yes Yes Yes. Nebraska Cand. & corn B. It I). Yes P. & (3. Before It after n Nevada New Ilampsliire New Jersey Cold., corn. & others 12 Cand., corn. & depositories R. & 1). R. & 1). Yes P. & (3 P. It 0. Before It after 1, tleloure&allcr14 Yes New M exico New York North Carolina North Dakota Cond., & coin Cand., corn. & others Cand. & coin Cand R. & D. Yes R. & D. Yes R. & I). Yes R. & I). P. & (1. P. & P. & (I. P. & liefore It after I, In days before each; 20 days after each to days before; 20 days after I, 1.5 days after each 'COS c, Yes Yes Yrs. obio Cand., corn. & others R. It IT. Yes P. It G. 45 days after each Yes Yes. Oklahoma_ Coml., corn. & others R. &I). Yes P. IT (I. Cands. 10 days after P only; coins. 10 days after all elections. Yes Yes. Oregon Cand., coin. & others I, It. It I). Y P. kit. 15 clays after each Yes Yes Yes. Pennsylvania Cand. & coin I). Yes -----LI. (3. 30 days after each Yes 10 Yes.:11 Rhode island South Carolina Cand 1'. & G. It Hon, and ilfter each South Dakota Cand., cons. & others 10 It & I) & 0. 30 days aft er each Yes__ Tennessee Cond. & campaign mgr D. P. 4 (3. 5- 10 days before, rand.; 30 days after, eallipaign mgr. (or rand. if no mgr.) 2, . rrOVAS Cand. & other s 21 R. It I) Ye)) It (1. 7-10 days before eaeli ; It hi lays after each. Yes lifills ('and. & corn It. & I).1I'5.' It (l. hicifure It itt er Yes Yes_ Yes. Vermont Cand _ I). Ii) data after Virginia__ Cand _ I). '. & CT 30 days after each.......... Washington. Cand I). 10 days after West Virginia_ _ Cand. & corn R. It I). Yes ' It G. 7-15 days before each; 30 days after Yes_ . Wisconsin Cand., eon). & others 24 it It D. Yes ' It G. Tuesday before & Tuesday after each _ IN.' yoming Can (I., corn. It others R. It D.,5 ' It G. 20 days after each Yes united States Cand., com. & others 'ti R. It D. 3. (2.0 Candidate inn st,file affidavl . supporting committee statement. 2 Statements required from each campaign committee which manages a candidate's campaign before a primary election, or manages the campaign for a political party, and every person who engages in political propaganda, and collects or expends any money or valuable thing in connection therewith. Committee statements include receipts and disbursements; candidate statements include only disbursements. Candidates must file statements within 10 days after primary and 30 days after general election. Committees must tile within 30 days after general election only. Candidate must designate campaign treasurer and bank depository. Statements required from banks acting as campaign fund depositories, as well as from candidates and committees. I Candidates and committees submit statements as follows: a. In the case of candidates for Governor and U.S. Senator: Before the election- OP the Monday of each week during the campaign. After the election-15 days after the election. Ii. All other offices: Before the election-on the firstMonday of each month during - the eani paign. After the election-15 days after the election. e. Depositories to file statements within 15 days after the election. Candidates must file report of receipts and expenditures within 30 days after pri- mary or general election. The treasurer of a political committee oil political agent must lite a report within 20 days. ( Candidates insist Me after both primary and general elections. Political party central committees must file only after general elections. 9 Candidates must file statements within 30 days after both primary and general elections. Annual statements to be filed on December 31 are required of all political committees and other organizations engaged in promoting the 811CGCSS or defeat of can- didates; parties, or constitutional amendments. 10 Contribution statements required lst and 15th day of each month of the primary campaign and the last Saturday before the primary. Expenditures statements re- (tuned 30 data after the primary. 11 Candidates to file only statements of disbursements within 10 days after each election. Committees however, must file statements of contributions 15 days before each election. listing tile names of persons contributing more than $25. In addition, each day that an individual contribution exceeding $25 is made, the committee must file a stater nent of it. Committee statements of contributions and disbursements must lie made within 20 days after each election. A further requirement that individuals contributing more than $250 to any campaign fund should themselves submit state- ments was repealed in 1953. Footnotes continued On following page. 1 Statements required from candidates, fiscal agents designated by the nominators of candidates in presidential preference primary, and state and other political commit- tees. 1 Statements to be filed as follows: a. The state conunittee of every political party shall Ole, not later than the Wednesday preceding the election, with the Secretary of State, an itemized state- ment, sigimd and sworn to by its chairman and treasurer. A second statement mast be similarly filed not later than the second Friday after the election. 'Enough tulditional copies of the statement shall be filed to provide a copy for the state committee of every party on the ballot; the Secretary of State furnishes these to the committees upon request. b. Major candidates and the fiscal agent designated by the nominators of any candidate in the presidential preference primary shall similarly file sworn state- ments. however, the candidate need not report expenditures by the political committee of his party in elections other than primaries. Other candidates need tile only by the second Friday after the election. C. Other political committees shall similarly file sworn statements before and after the election. if Candidates and committees must report receipts and disbursements on the Friday or Saturday before an election mad disbursements only within 20 days after an election. Bank depositories of campaign funds most report receipts and disbursements 20 days after an election. 1.2 Candidate Ioust file a statement of expenditures 10 days after the primary and general elections. The committees must file stateinents of receipts and expenditures within 30 days after each election. ii Appropriate court may require filing upon complaint of any candidate or 5 quali- fied voters. In Candidates file statements before and after primaries only. Political committees file statements before and after primaries and general elections. lB Persons expending or contributing more than $50 must file statement within 10 days after election. o Five voters may petition appropriate court for audit of expenditures. 20 Any person not a member of such committee who collects or disburses over $6 must Me a statement. n Any person making one or more contributions or loans aggregating more than $100 to a candidate must report these contributions if the candidate does not report them. 22 Voters can institute quo warranto proceedings. Approved For Release 2006/01/30 : CIA-RDP70600338R000300090053-8 H 1782 Approved For ReltmatWORAElft-ipappOOMM0030009005 h 'eTio i wary - 27, 1967 Can diniales personal committees and state committees trust file stittements on the second Sabi alay after such candidate or committee has first made a disbursen writ or incurred any obligation, and thereafter on the second Sai.urdry ?reach month until all ,lisbursements havc) been accounted for. They shall also file a final statement on the Saturday preceding the election to contain all transactions ntot theretofore accounted for. All other political committees must file statements 30 lays after any election. 24 All 3.. corporation, association, organization, committee, club or group which advo- cates, endorses, or opposses any political party, faction or group or any candidate for office, or any constitutional amendment or measures to be voted on by people must file staternen Is. Ii Candithiles must Me statements of expenditures; commi- -lees nin,:t: file ii) ii', 1,31)aninn Alaska A ri7,0IIIL 'alifornia 'olornirlo "onnecticut ),laware lorida loorgia Mwaii daino Ilirunis Indiana nwa Kansas "entlicky Al .itoi' Xl:Lryhind 5,1ItStia(11.1tS0.1,1, . Xi ,k.1 41110801:1 Al 'isissippi NI ,ssouri Al 'iii arm Nebraska Nevada . New liamps1,M New Jersey . New Mexico N'ew York Norl In Can nih na North Dakota ()Ilia _ Oki ahoroa (iregon Pennsylvania Ii hone island South 'ar()liina South Dakota Ton intessee 'I iii Veltman Virginia Washington sAa'st Virgirrimi Wiseoinsin Wyoming Hided Slates _ $50,000 of both r(c!eipts ano expenditurs. An y Ol her per,on receiving or expending $50 on behalf ofthe campaign must also file statement. 2, Statements required from ty.'lers Wit., spend more than $50 per annum for pur- poses of influencing in 2 or more slates the Aectimi o7eandidates. 2, Candidates must file statements 10 tc. 15 do" es before and 30 days after a general election'. Committn'es must file statements on Jr n. t, the 1st and 101 h of March, Jul le. 1-1W1 September; and between the 10-1,11 and 15th day and OIL the Stir day preceding time date of the general election. )0equtrements for candidates and managers apply to both prinutry and genend elections. In the primary electi xis stat mients nue filed with the chairman of the ex- ecutive committee of the party, rind in the general ..'leet ions staleinenls I iled wit In On. See,'0,1-y of State. TA WY. 2. --Campaign ca-mndilltre limitations Int! entimeration inmen Key: AS-Annual salary; P.- Pr i wary election: I -General election: I )and. - Candidate "..;); (iii. - Cm n il s. (lovers or 11,S. ;40ilai or $10 , 000 $2,100 __ $5,000 $3,500 100 percent AS 2 $ Inpresent,it iV $10,00(n $2.5041 100 percent AS (No limits it noosed by new (dect ion 1WF Of I ti AS .: (Most regulations repealed in 19)2.) $2,000 $5,000 52,5011 525,000 $25,000 $1n,n00 50 percent AS 1 50 percent AS 50 rwreent AS I III percent AS 10 pereen t AS 2 10 percent AS 2 $1.0,000 $ 10,000 . 1110,000 $10,000 (himits repealed by amendments in St. 1552, c. 1.44, sec. 2., 0/ CO_ . 0) 0) : $25,000525,000. 03,550 et), (11) (It, P: 15 percent AS 2 P: 15 percent AS 2 P: 17 percent AS-2. ( ; : In percent As 2 G: 10 percent _AS 2 Ii: in percen 1 AS 5.. ? $25,000 $100,(100 P: $2,500 (1: perceat AS $20,000 15 percent AS 2 55,000 $`60,000 P: 15 percent AS 2.. ( : 10 percent AS , 50 percent AS ! $25.000. $2.5.11110 $12.500 $100,000 . 515.000 P: 53,500 I': $2..500 (1: 10 percent :AS , : (I: 10 percent AS ) $12,000 ' $0,000 15 percent 5,3- $5,155) 560,000 P: 15 percent As I II: 10 percent AS 5(1 percent. S $25,110(1 (Limita) ions repealed by Laws 10(11. ch. 42 $7.500. On). (I-1) ($75 for each county in State or district ). $10,000 1 $1.0,000 , 50 pereen ii AS 2 55 percent AS 2 (i5) see. 1.) aJlties to ex- (-atm ri affec)(a. pend [tures by-- and (1 combined P and G separate 5 P and I. separate 5 15 percent Al'. $5,1410 ,) $25.000 P. 15 perecnt AS _ (1: In percent AS , .50 1,erconl, $12,2)10 1 and 11 combined: I'oinhined aggregate total of expenditmes ill ho' In military aud general election cannot exceed the limitation. 2 AS: iMnitation based on the annual salary oilhe office smight. '1 '1) he $5,000 limitation on expenditures by gubernatorind 111.111Ii,111 WS applies Is primary cam pa igns only. '1' he annual salary limitation on congression a: eat Midates in- eludes the aggregate Mall expenses in both the primary and general election ',inn/aligns. The 111.1101),I ..L may riot exceed in: a. Primary campaigns --$10 for each 1,000 voters, or nnni).n- port ion thereof, who voted at the last preceding election for the candidate offhe same political part y arid Sallie (.41leo as the candidate who seeks nomination; Ic General election cann1eaigns--$15 for each 1,000 elecors, or minor portion I hereof, qualified to vote for office in question at last preceding election. P and I: se ')orate: Expenditures up to the limit may henna le in hot ii One pi in ary 'Ind general election campaigns respectively. " f Mnit applies to ext.cinlitures by and on behalf of the candid lie with his knowledge all(i 14)11801i.. Imaitation .1.pplics to the total of all expendituresby the candidate and his agents. 'andinlates personally nnay expend additional amounts for leners, postage, printing, advertising, etc. 1.innit is $40 for each 1,000 votes cast for Governor in last preceding presidential .,:.ear in State or political subdivision in which candidate is running; but. no candidate s'Ial I he restlieicli to less than 25 percent off year's compensation or $100, P and (1 combined P and G separate 5 P and (i separate 5 P and G separate P and. I combined , P and (..1 separate 5 P and (1 combined I and 2d P separate__ P and 1; separate 5 P and G separate, P and G separate 5 P and I) separate P and G separate P and (1 eonthined 1 __ P and ii separate 5 P mimI II separate 5 F' P nal G separate 5 Cand. only ' agcnt (7 an id .ortl Cand. , Cand. ?MT_ Rd Mins ('ertain expendr- Legil tures ex- mate orrip),e(1 Xi/el-1,1'8 froal e/111- limita- mended I ions Yes . Yes . Yes Cand. :me agents 7 Gaud. out: Cand Gaud., Ye Cand., agent, treasurer Yes Cand.6 C'-and. and cmn Yes Cmd. in Yes Gaud, and cein Yes (i1 1-1 .0 Yes Yes com., and othms Yes Cand.12 Yes Cal M., con ."..nd others Carpi .5 Gond oinly Clinch.' Cand..6 I' :Ind (1 combined 1 CnJ-11.5 P mid (1 separate 1 C P oil I. Card. a-nt .ann Yes A'es _ . C011,1.1 ( . P nand (1 eonMined C'11101.1, P i id 11 separate , C'aind.'' Carol. and amis.," Yet; Yes. _ Yes Yes Yes -Yes. -Yes. Yes. Yes. Yes. s Yes. YI,S Yes Yes. A es. eS, Yes. Yes. Y1'8. Yes. Yes. Yes. Yes. Yes. I Ulna is 07,1150 plur- 5 cents for ? ugh of -he total number of persons votit g inn State at last gencr nI elect ion. ml Contlibutions lis emporations can(hlates fc r (ertain hig i judicial c flices pro- hibited. 11 Limit is $8 for each 100 votes cast for II cam id Iles for president in the State, county, district, or municipality, at the hr . t preceding presidential election. in State law prohibit:: expendittucs of any nuone), by- a political naly on be" mall of a to candidate. r, A candidate for ollice of Repreimtative in Gonguss is limited to 3 cents for each voter in Ids district voting for ml ck:.n.dinlate for prcsi(..mtial elector at the last ho ill presidential election or $4,000, whicaever is greater. 11, Limit is 50 tents for every vot ; cast for the candidate of his party reueicillg, largest vote id the last preceding gr ben-maul II elect iot 15 Unless the laws of thin State 1mrei2rille a lesser au on: nit, a candidate may expel id tin, to: a. $10.000 if a can dilate for Smator, or $2,.500 if a candidate fon- Ref ii mm) I), An amount equal to the amount obt tined 1 y multiplying 3 cents by the tota' number )1' v.Dtes east at the laal; general election for all candidates for the office which thee candidate seeks, but in no event ex,"ec ding $25,1100 if a citmlidsle for Senator or $5,000 if a candidate far Rep resentati ye. l'olitical eoinmittees each limited to $3,-.100,500 pr Or Approved For Release 2006/01/30 : CIA-RDP70600338R000300090053-8 February 27, 190proved FeawittysveimiwetkrpDPM9N38R000300090053-8 111783 TABLE 3.?Regulution of campaign contributions Alabama Alaska Arizona. Arkansas California Colorado State Corporate contributions prohibited Labor union contributions prohibited Yes Yes Connecticut __ Delaware Florida Georgia I [await Idaho Yes Yes 3 Yes Yes IlIinis_ Indiana. Iowa Kansas_ Kentuck y T.ouisiana.. Maine . Marylaial M assachusetts Michigan innesota Mississippi Missouri Montana Nebraska Nevada New Jr arnpshire New Jersey New Mexico New York North Caroliim North Dakota Ohio Oklahoma Oregon .Fennsylvania Rhode island South Carolina South Dakota Tennessee Texas Utah Vermont_ Virginia Washington West Virginia Wisconsin Wyoming United States Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yr Yes Yes Yes Yes Ye Yes Yes Yes Yes Yes Yes Yes Yes Yes. Yes_ Yes Yes Yes Yes Yes I Generally refers to employees under a civil service or merit system. it is unlawful for any person whomsoever to assess any State employee for any political purpose whatever, or to coerce by threats or otherwise any such employee into making a subscription or contribution for any such purpose. Tile following persons also are prohibited front making campaign contributions directly or indirectly! (a) II olders of horse or dog racing permits; (b) holders of licenses for the sale of intoxicating beverages; and (c) operators of public utilities, except non- profit cooperatives. 4 State employees whose tenure is subject to merit prinicples are forbidden to engage. in certain specified prohibited political activities during working hours, alld the pro- hibited activities include soliciting money for political purposes and making contri- butions of money in behalf of candidates orbn support of public or political issues. 'Me prohibition does not apply to soliciting and snaking contributions after working limn,. 5 Contributions by such corporations as banks, trusts, railroads, and utilities are forbidden. Individual contributions during year are limited to $3,000 to 1 candidate, $3,000 to 1 party, and $3,1100 to nonelected political committees not organized on beha f of any candidate. State A labaina Alaska Arizona. A rk sa.s California I'olorado Connecieut liclaware TABLE 4. Penalty for failure to file _Misdemeanor; fine from $100 to $500 Individual contributions limited to? Solicitation from State employees Prohibited 1 Solicitation from candidates illegal Contributions under fictitious names illegal Yes Yes (2) Yes Yes Yes. $1,000 1 i t) Yes Yes Yes yes. Yes Yes Yes Yes. $2,500 Yes. (r.,- Yes Yes Yes. Yes. Yes Yes, Yes Yes Yes 7 Yes , Yes Yes. $1,000 4 $5,000 (9 Yes Yes Yes Yes. Yes Yes Yes Yes. Yes ic Yes Yes Yes Yes. (i2) Yes. Yes Yes_ $5,000 Yes Yes_ Yes Yes Yes $5,000 ii yea If Any person expending more than $50 in a campaign must file an itemized stale- mond and give a duplicate to the candidate or treasurer of the political organization whose success or defeat he has sought to promote. No treasurer of a political committee shall receive or accept more than $1,000 fr011t any 1 person to be spent in any one campaign. Employees under civil service are not allowed to contribute money for the promo- l ion of cmididates or political issues. II Solicitation from civil servants prohibited and receipt of contributions from mine hispectors 'gold)) lied. C7ontributions prohibited from banks, utility corporatioos, Or ii majorit y of their stockholders. 12 contributions may not be solicited from civil service in and i hose em- ployed by the commission and the board of parole. rI $5,000 limitation_ applies only to contributions to a nationtl committee during ismy cal ei Mar year, or iii C01111Ceti011 with any cal npaigi i for in i elective Federal office. Jim en Ad specifically excludes contributions to State or local commil tees from tins linnta- tioi I. ii A.loplies to Federal employees or to persons receiving salary or compeosal ion for services frost money derived from the U.S. Treasury. Penalties and provisions for enforcement After primary?no catilicate of nomination; unsuccessful candidate or other persons guilty of misdemeanor fined $25 to $500. After general election?guilty of misde- meanor. For most candidates, fine up to $1,000 and/or jail up to 1 year; ineligible to hold office. II.S. Congressmen and U.S. Senators?fine $50 to $1,000. Misdemeanor; no certificate of nomination or election to be issued. Misdemeanor; line up to $1,000 and/or im- prisonment up to 1 year. Fine $25 per day while in default Florida I 'enal ty for excessive or illegal expenditures Mhdemeanor; fused up to $500 and may be ,friled or sentenced to hard labor up to 6 months. Candidate disqualified from office. Fiiw of $100 to $2,000 and jail 6 months to 2 years. Barred from holding office in the State. Fo?feit nomination for any office. Misde- meanor; fine $500 to $1,000 and/or jail up to 1 year. Misdemeanor; sonic as for failure to file _Misdemeanor; same as for failute to file. (For illegal expenditures such as bribery.) Fined up to $1,000 illid/or imprisonment up to 2 years. Misdemeanor; fine up to $1,000 or jail up to 0 months. Knowing violation voids nomina- tion or election. Same as for failure to file En foRTment of penalties Any person may file affidavit with diAriet attorney or State attorney general staliim, name of person who has violated any pr, . visions of act and stating facts which mist tute alleged WYelUie. District attorney or State attorney general shall then pr -nest''. Prosecuting ?Meer shall be notified and shall proceed to prosecute. Electors may file petition with circuit c?,1:11, attorney general must act as counsel Mr State, Approved For Release 2006/01/30 : CIA-RDP70600338R000300090053-8 H 1784 Approved For RemiRRMAOA:LCIettt8K19q_090%0030009005358uar .27, 1967.. TABLE 4.--Penalties and prort.iions for enforcement ?COnlinited State it got . llaiviii _. 111inoi, Kele tick y Louisiana aities. arylaf tt sssachusetts.. Penalty for failure te file Pena11 y for excessive or illegal expenditures: Fine $100 to $. 0011 andler 2 years jail or Mid labor. Must vacate office. Disqualif ed from voting and from being elected to, hott- ing or occupying any office, elective or lip- pointive. Disqualified from nomination or office; n is- demeanor; jail up to 6 niont Its and/or Lite 300? Ineligible for pablic office for 4 years. Misde- meanor; same as for failure to file. Nis& iiostnor: same .to air failure to lite._ .. isffimeanor; fine up to Um.). Candidate must vacate office; disqualified from holding sibtie office for 2 years. Fine $100 to $1,001. Nomination or electicn voidsid. Vine of $1,000 ancilor imprisonment for I year, and for some illegal expenditures shall be ineligible for any public office or for ary public employment for period of 4 years from and after time of commission of Kith offense. Efebrcement of penalties Misdemeanor; fine up to $500 anti or jail 6 months. Misdemeanor; fine $1.00 to $5011 and or 1 I o months jail. Ineligible to run for olliee; no name on ballot. Can't get commission or certificate of election, or take office unit il statement filed. Misde- meanor; fine $1 to $560. Jail 30 days to I year, or both, and disenfranchised up to ii years. Misdemeanor; jail up to 1 year andlor fine Up to $500. Misdemeanor; tine up to $1,000 No name on ballot; no certification of or or election. Candidates fined not more than $500. If committees or managairs fail to lite, fine $100 to $5,000 and/or jail I month to I year. Daily assessment of fine. If assessment not paid, person becomes disqualified iind his name may not appear on official ballot med for any election during same calendar year. Can't be considered elected, asstune duties, or receive salary until report is tiled; fine of $1,600 and/or I year imprisoninent. Imprisomnent for not more thin 6 motiths or fine of not more than $500. Pr a iieemor aosifital for appropriate action. I/v- iral:0d ca td: or any to electors may pe- t ition to arevent a candidate alleged to have violated 2rorrupt Practices Act from taking office. Olio-ids in place where crime was committed hall pro.icii to. Candidate ieceiving certain percentage of vol es may collies- election. Grand jury inay in- veitt igate alleged violations, Ce mpaign statements reviewed by campaign reports cm mittee composed of 2 members Irom the senate and 3 from the house of represent Alves of State legislature. Attorney f:e-ieral a )ts as committee counsel aid must Prosecute offenders. Witliin 30 days after election, citizens may petition murt that successful candidate was anilty of corrupt practices. Court will sub- mit findiiigs (if high State office) to secretary of stale 1711.) will then refer them to appro- pr.ate person or legislative body or to Gover- nor to declare election void. Duty of State's attorneys to prosecute whenever they feel Way hese good reason to believe corrupt practices involved? 01 her M. charge of receiving statements notifies attorney general who, if satisfied there is (1111SO, sl all institute civil proceedings or refer ease to) district attorney for action in rriminal courts. Courts may compel filing of stater tent on application of attorney peoeral tr district attorney or petition of any canCidate voted for, or any 5 persons qualified to vote at election on account of which expenditures were made. Michigan :Person can't take office, collect salaries, or re- Fine of up to $1,000 and/or imprisonment ip Alleged viclations reported to prosecuting at- ceive certificate of nomination or election until he has filed account. Fine up to $1,1)00 and/or imprisonment up to 2 years. to 2 years. torney or att orney general who sl tall institute cis il or criminal proceedings. Minnesota No name on ballot. Candidare disqualified from holding public office. Gross mis- demeanor. Sione as for failure to file County aft troey shall inquiree into and prose- cute cases which mine to his notice. afississippl . Willful and deliberate violations shall be rasn- ishable by fine not more than $500 and/or imprisonment for not more than I year. do PEY:li ion for judicial review of fitection limy be is de. Forfeit nomination or general elect ion. Missouri Fined not more than $1,0101. Curt take office until statement is filed. I Forfeit ore of eteel Person reefs ving next highest vote may petition attorney general for action against successful candidate upon posting 51,000 bond. If attorney gel Lelia' does not prosecute in 10 e :Lys, applicant may proseeute at his own ex- L ense (for excessive or illegal expenditures). nI an - - - - ? is- ---------- $25 per day while in default . Monte won't be Deprivation of nomination or office. Fine up Electors na Lys file petition contesting eleethin printed on ballot and no cent Matte of elec- tion. to $5,1010 and/or up to 1 year in jail. whit. cow t, must post bond up to $2,000, on basis of illegal or excessive expenditures. Official receiving statements shall. notify pr osecuto Nebraska Candidate: Fine up to $1,000. No certifica- tion of nomination or election; can't take office. Treasurer: Fine $50 to $500; butler failure after notice to comply?jail isa to 6 months.4 Fine up to $50 and/or jail 6 months Vomrs may filo complaint with State attorney general ti have Mtn prosecute. In cases in- volving members of the State legislature, a voter mas A) complaint with the legislature, which shill near and determine cases of con- t.:tied eke-Lion of its members and for till officers 01 the executive department of tio: State. Ni vada New I lampshire Willful violations of rules relating to primary Same as penally for failure to Mc except no tc- Any persor voted for at. an election for any may disqualify candidate from ensuing election. Not entitled to nomination or election until filing. Fine $100 to $1,000 , and/or 30 days to 6 months in jail. fusal of certification. osliee, or arty voter, may make a complaint in writing to attorney general of any violation. Any pers( T1 may bring proceeding in equity' against primary candidate who violates law to disqualify him from ensuing election. .10 rse y Office forfeited by nonfiling of statement or Office forfeited. Sante as for failure to 01?. Voters may contest election on ground of illegal filing of false statement. Court may also Persons making unauthorized expenditures or excessii to expend limes. If cand ida) e his disenfranchise voter anti disqualify him from holding office in State for period_ of time. Candidate at primary election with next highest number of votes shall be put on are guilty of a misdemeanor. taken ?ill Ic, attorney general shall institute a mropria o aroceedings for vacation of such o Tice; or ffiall notify appropriate legislative body to which candidate w as elected. 51mE0 Primary election; No certificate of nomina- tion; no name on ballot; fine of $25 to $500. General election: Can't take office; act certificate of election; fine up to $500.5 Primary election: Fite cf $160 to $2,000 atel imprisonment for 6 months to 2 years. 0eo- eral election: Same as for failure to Me. NOW York_ Guilty of misdemeanor; impr tsar:men( up to 1 year and/or fine of $10010 $500. Same as for failure to file Cowl, iii ii:roceeding instituted by ca f alidate or 3 quell led voters, :may compel persons or chi:mutt& is to file statement, to make state- ment conform to law, or to comply with any other provisions of section. Court may require band and sureties from petitioner. Footnotee at end of table. Approved For Release 2006/01/30 : CIA-RDP70600338R000300090053-8 19p proved roved Fdt5ftlfasstnigg9,14nthitod1121:11MP38R000300090053-8 February- 27, 111785 TABLE 4.?Penalties and provisions for enforcement?Continued State Penalty for failure to file Penalty for excessive or illegal expenditures Enforcement of penalties North Carolina North Dakota Ohio Oklahoma Oregon Poinsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont_ Virginia Washington West Virginia 'iVisconsiji_ Wy0Mill g Misdemeanor; fine end/or imprisonment. Court may remove from office and declare Ineligible to hold office for 2 years. Fine of $25 per day while in default; name can't go on ballot until report is filed. No certificate of nomination or election until report is filed. Failure to file within time limit shall disqualify said person from be- coming candidate in any future election for period of 5 years; candidates for an elected office having a 6-year term shall be disquali- fied from becoming a candidate In any future election for a period of 7 years. Failure to file at any time: Fine $25 to $500 and/or jail 10 days to 6 months. Candidate: Misdemeanor; fine of $25 to $500 and imprisonment 5 to 30 days. No certifi- cation of nomination., Candidate: Fine $25 per day while in default; no name on ballot and no certification of election. Can't take oath of office, take office, or receive salary until all statements filed. Misde- meanor; fine up to $1,000 and/or 1 mouth to 2 years in jail. Election null and void. Misdemeanor; line $100 to $500 or imprisonment at hard labor 1 to 6 months, or both at the discretion of the court. Forfeiture of office; fine up to $1,000 and/or jail up to 6 months. No certificate of nomination or election. Fine $100 to $5,000 and/or jail 30 days toll months. Fine $100 to $5,000 and/or jail 1 to 5 years. Forfeit right to place name on ballot at any subsequent primary, special, or general elec- tion. If ho fails to report any receipt or ex- penditure, liable for double the amount or value to each opposing candidate and also for reasonable attorneys' fees. Name won't he printed on ballot for en :Min g election; disqualified from holding office until statement is filed Fine up to $500 and/or jail up to 6 months No certification of election; can't take office; misdemeanor; fine up to $1,000 and/or jail up tel year Misdemeanor; fine not less than $50, and/or jail not more than 1 year. No name on ballot; no certification of election. No name on ballot; no certification. Failure to file on part of treasurer or political com- mittee is punishable by 2 to 6 months hi. jail. No name on ballot; no certification of election. Misdemeanor; fine up to $1,000 and/or jail up to 1 year. Same as for failure to file__ 1>eprivation of nomination for office Forfeiture of nomination or election; same as for failure to file. Fine $100 to $500 and/or jail up to 6 months. Guilty of misdemeanor; fined $100 to $2,000 (aid jail for 6 months to 2 years; candidate to lie barred from holding office in State. Deprivation of nominatiou or office. Can't hold any office (luring term for which he was nominated or elected. jail up to 1 year and/or fine up to $5,000. Ousted from office or from nomination. Mis- demeanor; fine up to $1,000 and/or jail 1 month to 2 years. Willful violation by can- didate disqualifies him forever from holding public office in State; willful violation by any person requires disenfranchisement for 4 years. Misdemeanor; fine $100 to $500 or imprison- ment at hard labor 1 to 6 months, or both at the discretion of the court. Same as for failure to file Candidate and campaign managers civilly li- able to each opposing candidate for double the amount or value of such unlawful cam- paign expenditures and reasonable attorney fees for collecting the same. Also, fine of $100 to $5,000 al td/or jail Ste 5 years. Election voided; person ousted and excluded from office; misdemeanor.' Fine up to $500 or jail up to 90 days Elecl ion declared null and void Disqualified from holding any public office or employment during period of 5 years-sub- sequent to date of conviction. Vacate office. Voiding of election and ousting and excluding candidate from office., VI isdenwan or . Fhte up In $1,000 and/or jail up to I year. Duty of secretary of state and superior court clerks to call for required statements and report violations to attorney general, who should initiate prosecution. Offender deprived of office by contest proceed- ings. Secretary of state notifies attorney general of violation and he must prosecute. Citizens may present petition to court of common pleas or any judge thereof, with security, but election law does not specifically provide for any special procedure for citizens' prosecu- tions in this area. Prosecution by county attorneys. District attorney required to prosecute alleged violations which conic to his attention from election officials or from complaints and notices by citizens under penalty of forfeiture of office. Any Selectors may petition court for an audit; district attorney inust institute erhninal pro- ceedings. If it appears that candidate has violated these sections, attorney general shall institute quo warrant? proceedings against such candidate for ouster irons nomination or from office. Attorney general investigates and prosecutes. Quo warrant? proceedings may be instituted in in district courts. Filing officer inspects statements arid reports violations to county attorney who must institute proceedings if evidence is sufficient; candidates or voters may complain to filing officer of violations or may petition district judge, Attorney general, or Governor to investigate alleged violation. Prosecutor 0 oh i fled for appropriate action. Any elector may petition for permission to bring charges against candidate or committee for alleged violation. Upon notice by filing officer or petition by voter, county or prosecuting attorney must prosecute alleged violation. 1 Findings are certified to presiding officer of appropriate legislative body in case of a violation by any of its members. 2 Filing officer must notify delinquent of his failure to file and, if the latter has not expended more than allowed, and files within 10 days of receipt of this notice, he will not be assessed the penalties provided. 3 Failure to file on part of treasurer of political committee subject to line of $50 to 5500; if treasurer receives notice from 5 resident freeholders and still fails to file, jail for 2 to 0 months. Mr. Speaker, with this background, we can compare the election laws of the various States with the Corrupt Practices Act of 1925 which governs the spending of campaign funds by Federal candi- dates. On June 10, 1966, Life magazine discussed the act in an editorial. That editorial said in part: The Corrupt Practices Act of 1925?the law that still regulates campaign spending?was antly named. If ever a law was designed to promote corrupt practices, this is it. For in. Lance, it provides that a congressman can =Tend only $5,000 in a bid for election and a senator $25,000. But it sets no limit on the number of outside committees that can help by spending an equal amount. Thus, a -..natorial candidate has to maintain the fiction that the dozen or more committees set up to accept donations for his cause do so without his "knowledge or consent." Failure to file on part of committee treasurer subject to fine of $50 to $000; failure to tile after notice, jail for 2 to 6 months. For treasurers of political committees, fine is $50 to $500 and/or 6 months in jail. Penalty for violation by committee is a fine of $25 to $500 and imprisonment for 3 In 12 months. Penalty for committee treasurers is 2 to 6 months in jail. The extent of this and other shenanigans can be gauged by the fact that all parties reported total expenses across the country in the '64 election as $4'7.8 million. A reliable estimate of the amount actually spent, start- ing with the primaries, puts it at $200 mil- lion. Much of the other $150 million did not have to be reported to the Clerk of the House of Representatives or the Secretary of the Senate. And even the transactions that should have been reported--but weren't.? will never be investigated. Justice Depart- ment policy is "not to institute investiga- tions . . in the absence of a request from the Clerk of the House of Representatives or Secretary of the Senate." Since both of those men are elected by the houses they serve, it is not surprising that neither has ever asked for an investigation of any mem- ber's election. The problem this Congress faces is threefold. It is first of all important that Members of Congress include as part of the public record their assets, lia- bilities, and sources of income. We must also move to establish standards of con- duct for Members of the House. Secondly, we must insure in this coun- try the highest possible degree of honesty in elections by instituting full disclosure of campaign funds. We must also make available a means for many more peo- ple to financially aid in the election of his favorite candidate or party. And finally, Mr. Speaker, we must es- tablish a method of enforcing these pro- cedures. We must take out of the hands of the employees of the House and Sen- ate and place in a National Commission Approved For Release 2006/01/30 : CIA-RDP70600338R000300090053-8 11 1786 Approved For RelemaNSWIZAElfaiNtpj3SLOM9139903000900n-piltary 1967 and a Jo:int Ethics Committee the power to punish violators of the election code and judge the conduct of Members of Congress. Mr. Speaker, the bill of the resolution I have introduced today would accom- plish these important tasks. These are important steps in the long road toward strengthening the legislative branch of Government and insuring the continued viability of our republican form of gov- ernment. As the Madison, Wis., Capital Times said on Monday, February 20, 1967: The issue of ethics in government con- tinues to haunt politicians and public. There is a disposition on the part of both to ignore it. But it keeps popping up. The politicians try to give the impression that the issue doesn't exist but they also de- voutly wish it would go away. The public doesn't like to be reminded of unpleasant things?such as the waywardness of the men they elect to public office. But if these things are not called to public attention and discussed, it would be a question of time be- fore free government would collapse from the unbearable burden of corruption it would have to support. I trust the Congress will consider this matter in the very near future and will act favorable on these proposals. Mr. BUSH. I thank the gentleman from Wisconsin and I would like to em- phasize the importance of his comments on these provisions so far as the elec- tion law goes. Certainly, it is only fair that a candidate be required to report and be subject to the same requirements imposed upon him as any Member of this body. Mr. KUPFERMAN. Mr. Speaker, will the gentleman yield? Mr. BUSH. I yield to the gentleman. Mr. KUPFERMAN. Mr. Speaker, I want to commend the gentleman from Texas and the entire freshman group of Republican Members of the 90th Con- gress for his and their leadership in sug- gesting this code of ethics. As one who entered the House during the 89th Congress, but just now, with you, approaches a first full term, I am in full agreement that the ethical stand- ards of the House and the Congress .should be high and equally applicable to all Members. Appropriate action must and will be taken to assure this, and your proposal is a very good first step. I came here from the New York City Council last year. We there had a very stringent code of ethics for a legislative body, and it was a salutary thing. The Congress can well take heed in this area of New York City's example. I thank the gentleman for yielding. Mr. BUSH. I thank the gentleman from New York. I yield to the gentleman from Penn- sylvania [Mr. BIESTER]. Mr. BIESTER. Mr. Speaker. I am proud to join a large number of fresh- men Congressmen in offering resolutions to establish an Ethics Committee for the House and also to change the rules of this House to provide for the disclosure of assets and the disclosure of nepotism. Last week, we received the report of the President's Crime Commission. The cost and extent of criminal behavior prevalent in our country must be a mat- ter of great concern to all of us. Not many Americans escape the sweep of its indictment, either as participants or in- different bystanders. This past weekend we learned of cheating scandals in one of our service academies. On Wednesday of this week we will consider a report concerning the conduct of a Congressman-elect . Mr. Speaker, I believe that most Amer- icans are sick of feeling soiled by the times in which they live. If this is in- deed a sickness, the people expect the Congress to be a physician, not one of tne patients. We have all heard the old bromide that you cannot legislate morality. That does not mean we many not exemplify moral- ity. That does not mean that we cannot make the practice of immcrality more difficult. If this House cannot bestir itself to clean its own affairs, how, Mr. Speaker, can we expect to clean our streams, clean our air, and reduce crime on a national scale? If we cannot take this small step now, we jeopardize for a long time to come our reputation and the confidence Americans want so desperately to feel in their Congress. This resolution cannot be opposed on the basis of too great an e:Kpense, nor should it be opposed on grounds of partisanship. The Good Book says there is a time and a season for the events of life and history. This is the season and now is the time to set our house in order. Thank you, Mr. Speaker. I thank the gentleman for yielding. Mr. BUSH. I thank the gentleman. I now yield to the gentleman from Utah [Mr. LLOYD]. Mr. LLOYD. Mr. Speaker, I thank the gentleman and I am pleased to join him in his essential objective. Mr. Speaker, as a general rule for better Government operation I prefer better and more effective use of existing committees rather than the addition of new ones. Those who are critical of the proliferation of committees perform an important public service. The Adam Clayton Powell case now confronts us with the question of whether existing facilities, specifically the House Administration Committee, is the appropriate vehicle to respond to the present overriding demand of the Amer- ican people. and our own deep desires, that rules of standards and conduct of Members of the U.S. House of Repre- sentatives be more clearly defined, be raised to a higher plateau, and be more effectively enforced. I should like to commend the members of the House Ad- ministration Committee on their efficient examination of facts in the Powell case and for the high quality of their service. It is now my belief that this House must establish stronger and more tangible rules than have been previously con- sidered necessary, and stronger enforce- ment and investigatory procedure than has previously sufficed. The matter of standards and conduct of Members has become, in my opinion, a subject for an exclusive responsibility of the select committee which this resolution creates. The creation of the select committee is another acknowledgment that con- duct arid standards of members of the U.S. House of Representatives are ex- pected to be far superior to those ex- pected of others. The addition of a rule requiring com- prehensive disclosure of assets, liabili- ties, special interests, substantial income, gifts, a:nd reimbursements to Members and those employees and officers of the H.-;use who are compensated at a rate in excess of $15,000 annually is likewise sub- ject to the general suspicion that such diclosure requirements may serve to mislead, to hide and protect the cleverly unethical, rather than to actually dis- close the personal gains and benefits de- rived from political influence. But here again, it is my belief in view of the heavy responalbilitie3 which we bear as Mem- bers of this House, that we cannot sur- render to a fatalistic attitude that no improvement is possible, and that it is now our opportunity and bounden re- sponsibility to :forge a meaningful up- grading in the rules which govern stand- ards and cot duct of Members of the House of Representatives. join in the introduction of the reso- lu Mr. BUSH. I commend the gentleman from Utah for that statement. Before yielding further, I would like to note for th. e RECORD our pleasure at having the gentleman from Florida in the Speaker's chair. He has, perhaps, done more in this body than any other Member to fi at for a strong code of ethics. I believe it is altogether appro- priate that we be speaking here while he is presiding. I believe further it is altogether appropriate that he is here when we new Republican Members are speaking out for many of the things for which he has been fighting for many yea rs. At this point :I yield to the gentleman from Idaho [Mr McCruan]. Mr. McCLU.REI. Mr. Speaker, I wish, first, to congratulate the gentleman from Texas for his Effort in bringing this mat- ter to the_flooi and for the efforts he has extended so far in coordinating the ef- forts of those of us who are appearing in support of 111.s legislation today. Mr. Speaker, it is unfortunate that we in the House or Representatives must put aside conside:m Lion of such pressing problems as tie Vietnamese conflict to discuss the personal-conduct of Members of Congress. :3ut the fact remains that before we can expect the people to re- spect the laws we make, there must be respect for the lawmakers themselves. There are those who will question the propriety of frislanian Congressmen tak- ing the floor -to propose ethical standards for all Members, most of whom are many years our seni3r. As for myself, I can ony reply tha ; it was not necessary for me to be elected to Congress to be en- dowed with the capacity to tell right from wrong. Furthermore, I feel certain that the big turnover in the congressional elections last fall was in no small measure due to a lack of pub lc confidence in govern- mental officials on all levels. The rea- sons were not hard to find: .a Senate employee who had used his position for Approved For Release 2006/01/30 : CIA-RDP70600338R000300090053-8 February 27, 19 p roved Fo5?16?&FAR9R6R/RtoSitliNIP38R000300090053-8 H1787 personal gain, talk of a credibility gap, the personal conduct of certain Members of Congress themselves. If those of us who were suddenly thrust into positions of leadership do not seek to restore con- fidence in public officials, then the Amer- ican people have merely traded tweedle- dee for tweedledum. I, of course, do not refer to those Members who have been returned. It is most gratifying to me to find so many of the new Congressmen respond- ing to this challenge with proposals for putting our house in order. The diverse approaches in our bills illustrate the many paths available to us. None of those participating in the discussion to- day are being so presumptuous as to say we have all the answers. On the con- trary, each of us has been encouraged to suggest varying methods for establishing ethical standards in order that the Con- gress may choose the best from each. It is in this spirit that I have today introduced a resolution on ethics and disclosure. My bill differs from the basic measure being offered by the gentlemen from Texas and others in several sig- nificant respects. For one thing, I suggest a revolving membership for the proposed Commit- tee on Standards and Conduct. No Member should be permitted to sit in judgment of other Members for a pro- longed period of time. My resolution authorizes the proposed committee to issue advisory opinions, upon request, when a Member is un- certain as to whether or not some course of action open to him is ethical. I have also proposed penalties, and I suggest that where there is a finding of willful violation of the House rules, the recommendation must be expulsion. And if the House agrees to the recommenda- tion, the Member expelled may never again serve in a Government position, elective or otherwise, except for the mili- tary. I have not attempted to define a code of ethics, but the committee is required under my bill to issue its first recom- mendations by August 31 of this year. I would expect that report to contain a code of ethics at that time. The Select Committee on Standards and Conduct is expected, of course, to devise a code of ethics. In this connec- tion, I would expect the committee to consider such matters as disclosure of confidential information acquired during official duties for personal gain; the ac- ceptance of gifts; pressuring employees to make contributions to political and charitable organizations; use of the franking privilege and abuse of the ac- counts available to us for running a con- gressional office; or, for that matter, slush funds and the use of campaign con- tributions for personal purposes. Like- wise, the committee should formulate rules by which communications between a Member and an agency with respect to any adjudicatory matter or rulemak- ing would be made a part of the public record of that proceeding. I would sug- gest to the committee that where it is difficult to translate ethical standards into legislative form, the oath be rewrit- ten to include those provist..ns. I hope it never becomes necessary for the proposed committee to investigate a Member. But if it does, there will be no doubt that the House of Representatives is prepared to discipline its own. Cre- ating the committee will, at the very least, remove from partisan politics such unpleasant matters as the one we must face on Wednesday. Most of the bills being introduced to- day require each Member to file annually a public statement of his personal hold- ings. My bill will extend most of these requirements to candidates for the House of Representatives. This requirement should cause no embarrassment to any- one who is truly above suspicion, for we are indeed public servants. If, when history judges the record of the 90th Congress, it can be said that this was the time when the faith in the Con- gress was restored to the American peo- ple, then it can also be written that this was the time when the principle of rep- resentative government was reaffirmed and freedom did indeed flourish. Mr. BUSH. I thank the gentleman from Idaho. Mr. RIEGLE. Mr. Speaker, will the gentleman yield? Mr. BUSH. I yield to the gentleman from Michigan. Mr. RIEGLE. I should like to take this opportunity to applaud the fine statement just made by the gentleman from Idaho and to draw particular at- tention to one point he made; that is, our discussion today and the bills and resolutions we offer are presented with the complete and wholehearted support of the party leaders. I believe it is im- portant to point out for the country that we discussed our intention with our party leaders and received full encour- agement from them to proceed in this manner. This is important to recognize. I would underscore that statement. Mr. BUSH. I commend the gentle- man from Michigan, and I agree totally. I am glad the gentleman brought out that additional information. Mr. McCLURE. I thank the gentle- man for his comment. This is one thing I wish to underscore; the fact that we are not talking behind the backs of our elders. We have their support. This is important. I commend the gentleman for making this addition to my comments. Mr. WILLIAMS of Pennsylvania. Mr. Speaker, will the gentleman yield? Mr. BUSH. I yield to the gentleman from Pennsylvania. Mr. WILLIAMS of Pennsylvania. Mr. Speaker, every body of men engaged in a common task, seeking a common ob- jective, and working together to achieve a common end should, as a matter of course, have the benefit of a common set of rules to guide them in their per- sonal conduct as a member of that body. I speak of the advisability of having a code of ethics governing the conduct and standards of Members of Congress. After all, we are here only for one pur- pose, and that purpose is to serve our constituency and our country in an able and honorable way. But, considering the relative values we all possess, it does seem presumptuous to expect every Member of this large body to hold identi- cal sets of values where their conduct in relation to this body is concerned. It seems to me, therefore, that if we had an established set of rules, which were unquestionably enforced, they would help each of us to serve our con- stituency and country in the able and honorable way expected of us. This would materially benefit this Congress by allowing it to proceed with its im- portant work, secure in the knowledge that each Member is aware of his obliga- tions, and will abide by them once he is so apprised. For this reason, Mr. Speaker, I urge the prompt consideration of this resolu- tion creating a Select Committee on Standards and Conduct and establishing clear-cut requirements for Members of this House of Representatives. Mr. BUSH. I thank the gentleman for his timely comments. Mr. ROTH. Mr. Speaker, will the gentlemen yield? Mr. BUSH. I yield to the gentleman from Delaware. Mr. ROTH. Mr. Speaker, I share with my colleagues a deep concern over re- cent acts that have cast dark shadows of doubt over the entire Congress in the minds of the people of the United States. Today, I have introduced a separate resolution that, like others introduced here today, would create a Select Com- mittee on Standards and Conduct. However, on the matter of disclosure of financial interests, my resolution dif- fers from others. The difference is in the method of disclosure and in the teeth put into the requirement for accurate disclosure. This resolution would require Mem- bers and certain employees to file annu- ally with the Comptroller General of the United States a copy of their financial statement and a copy of their income tax return. The latter, of course, would re- quire further implementing legislation. Under my resolution, the Comptroller General of the United States and the select committee would be authorized to examine these financial reports and, should they find anything wrong, would be empowered to conduct such investi- gations as they deemed necessary. Re- ports of wrongdoings would be filed by the Comptroller General with the JItstice Department and with the House for ap- propriate action. As a new Member of this body, and ? as the single Representative from the State of Delaware to this body, I urge the pas- sage of this bill to establish in the House an effective body to investigate and act on allegations of misconduct of Members and of staff members so that the Amer- ican people will not continue to have res- ervations regarding the integrity of this body and reservations regarding its will- ingness to condone the actions of Mem- bers and staff members guilty of miscon- duct. Justice for Members and staff mem- bers who might be accused, as well as, public demand for the highest standards of conduct by Members and their staffs, makes imperative the immediate estab- lishment of this Select Committee on Standards and Conduct?and certain Approved For Release 2006/01/30 : CIA-RDP70600338R000300090053-8 H 1788 Approved For RelemarggiRRAFIHMTBIBOOWRp03000900ntuarif 27, 1967 amendments to House rules that will pro- vide the means to quickly ferret out any who might be guilty of misconduct. Under the resolution that I have intro- duced, a Select Committee on Standards and Conduct would be established, hav- ing a membership composed of 12 mem- bers divided evenly between the major- ' ity and minority parties. It would be empowered to recommend rules and reg- ulations it deems necessary to insure proper standards of conduct by Mem- bers and by staff members of the House. It would have authority to investigate alleged breaches of conduct, recommend appropriate action and report violations of law to the proper Federal and State authorities. Further, the resolution I offer would amend the rules of the House to require that Members and their employees who are paid more than $10,000 annually file with the Comptroller General of the United States a financial statement and a copy of their income tax return. This closely parallels a proposal made in the other body by the senior member of the congressional delegation from Delaware. This section of my resolution differs from others in that the others require only the tiling of a financial statement. The difference is in the amount of teeth we want to put in legislation re- quiring disclosure of financial interests. A financial statement can reflect as much or as little as the preparer wishes it to reflect. Most of us would report assets and liabilities to the letter and intent of the law. However, it is not the actions of most of us that have caused us concern, and that recently have caused a decline in the respect of the House by the American people. On the other hand, an individual could, if he so desired, simply file an incomplete financial statement?there seems to be no punishment for that?or could con- ceal his assets in the names of other parties. By the requirement to have Members and certain staff members file a copy of their annual income tax return along with their financial statement, we would give teeth to the requirement for accu- rate disclosure of financial interests. While there may be no penalties for filing an incomplete financial statement, there are severe penalties for filing a false in- come tax return. And the proper filing of the latter with the Comptroller Gen- eral of the United States would prompt complete and accurate disclosure of the former. (Mr. ROTH asked and was given Per- mission to revise and extend his re- marks.) Mr. BUSH. Mr. Speaker, I now yield to the gentleman from Kentucky [Mr. COWGER I. Mr. COWGER. Mr. Speaker, I wish to compliment the gentleman from Texas, and the other new Members of Congress for their sincere interest in es- tablishing rules of conduct for the Con- gress. It is quite obvious that public opinion dictates a firm and clear state- ment of principles from all of us?new and old, important and the new and the mighty, rich and poor, Republican and Democrat. I am in complete favor with this bill and urge Its adoption. We must have a strong measure?if not this one?then, at least another that will be equally as demanding. For my part, I intend to im- mediately comply with the spirit of this bill, by furnishing to the Clerk of the Congress, a complete statement of my assets, my interests, and my income. It is hoped that all our other colleagues will join us in this endeavor. Thank you. Mr. BUSH, Mr. Speaker, 1 commend the gentleman from Kentucky, the dis- tinguished president of the new Republi- can Members of this Congress, and thank him for those comments. Now I yield to the gentleman from Arkansas (Mr. HAMMERSCHMIDT1. Mr. HAMMERSCHMIDT. Mr. Speak- er, today, I join with many of my col- leagues in calling for the establishment of a Select Committee on Standards and Conduct, and for the establishment of re- quirements calling for disclosure of assets and liabilities, and certain business, lobby, and nepotic relationships As we all know. Congress adopted a "code of ethics" in July 1958, that was in- tended to apply to all individuals in Gov- ernment service. Regretfully, the word- ing of the code is, of necessity, general, and therefore lacking in strength. It has no muscle. Our effcrt today is an attempt to add strength to the "code of ethics" that now exists. In my mind, it is good that this is being attempted in a positive light and not in a negative?do not do?manner. President Calvin Coolidge said: Little orcgress can be made by merely at- tempting to repress what Is evil; our hope lies in developing what is good. Today, the 90th Congress is being chal- lenged to develop what is good. The resolution that I introduce today calls for the public recording of those re- lationships and situations which, in some cases, are considered questionable. The resolution does not say that the hiring of relatives is all bad. It does not say the business connections are all bad. It does not say that communications with lob- byists are had. What it does say is that these relationships should be recorded in such a way that the public can observe them and determine when "conflicts of interest" exist. John C. Calhoun observed that? The very essence of a free government con- SIE ts in considering offices a public trust. Hopefully, the resolution here offered will make it possible for the public to evaluate the manner in which these officerholders honor this trust. I thank the gentleman from Texas for this time. Mr. BUSH. I thank the gentleman from Arkansas for those comments. I now yield to the gentleman from Texas [Mr. Parcu]. Mr. PRICE of Texas. Mr. Speaker, I am happy to join with the gentleman from Texas [Mr. Busx1 and many of niy other colleagues in introducing this ethics and disclosure resolution. Since my election last November, I have heard from many of my constituents who seem to be losing their confidence in rnany of our public officials. lE would like :o quote from one letter vveich expresses a rather harsh and un- justified opini of Congress: I, like iniliiois of other Americans, have come to realize that Congress has degen- erated to a mere shadow of its once great image. Ihe conduct of many represents- es and sena:ors has been highly repre- hensible. Now, one member is trying to blackmail Congress because he knows that a large number of members are guilty of criminal misconduct and political immoral- ity. Although I have been in Congress only a short time, Mr. Speaker, it appears that the conduct of one or two Members may have tarnished the good reputation of this great body. There is no doubt in my mind that the great majority of the Members of Congress arenf the high- est caliber an their integrity is above reemoach. I believe this impression must be corrected and that public confidence in Congress must be restored. .For this reason, Mr. Speaker, I ur- gently hope this or similar legislation will be adopted. It will go a long way toward maintaining the faith of the American ped ole in their Government. Mr. BUSH. I thank the distinguished gentleman Iron Texas [Mr. PRICE], my fellow colleague, and I believe I speak for all when I say that many Members of this Congress nave received this type of letter, and naany of us know that the peo- ple are -waiting for -the Congress to act in 1:his important field. Mr. PETTIS. Mr. Speaker, will the distinguished f;entleman yield? Mr. BUSH. I am glad to yield to the distinguished gentleman from California. (Mr. PETTIS asked and was given per- mission to devise and extend his remarks ) Mr. PETTIS. Mr. Speaker, I wish to commend the gentleman from Texas for his remarks and the initiative he has taken in bringing this issue before the House. As a newly e:ected Congressman, I feel certain that there are very few Members on either side of the aisle who do not practice adherence to a high code of per- sonal morality and conduct. Because of this, there is an almost unanimous concern for the good name of this body on the part of the membership. In an effort to give these feelings posi- tive form, I have earlier in this session introduced a bill which would bring about changes in the House rules making it impossible for any individual Member of this great body, regardless of race or political status, to corrupt his high office or bring shame on the Congress of the United States. I feel strongly that no duly elected in- dividual Memb3r of Congress should be singled out froin our midst to be judged against any special standard against witch we are not all ready and willing to be judged. In order to demonstrate to the people of the entire world in a clear and con- vincing manner that we are men and women who ar as true to duty as the needle to the pole, who do not fear to call sin by its true name, men, and women who will stand for right though the heavens fall, I urge the entire Congress, and particularly 1;he Members who sit in Approved For Release 2006/01/30 : CIA-RDP70600338R000300090053-8 Bwoved ForcWilmytetpft9f91/p011fenlapFIZORsyt3AIR000300090053-8 H1789 F:eL,-ruary 27, positions of leadership on both sides of the aisle, to insist upon the immediate study of, and action upon, proposed changes in House rules that will renew public confidence in the integrity and honesty of this bastion of representative government. Mr. BUSH. I thank my distinguished colleague from California. Mr. POLLOCK. Mr. Speaker, will the gentleman yield? Mr. BUSH. I yield to the distin- guished gentleman from Alaska. (Mr. POLLOCK asked and was given permission to revise and extend his re- marks and to include extraneous matter.) Mr. POLLOCK. Mr. Speaker, I am proud to join my colleague, the gentle- man from Texas, and the other partici- pating Members of the 90th Club. I am most anxious that we take this decisive step to put our house in order?by boldly introducing legislation to formulate a strong code of ethics. The present conduct of Members of Congress is of vital concern to every American?it should be of utmost, of paramount, concern to the Members of Congress to meet this issue head on and to do something constructive and mean- ingful to resolve the problem which con- fronts us. We are and must ever be servants of the people who choose us to represent them in the U.S. Congress? and we not only must serve with dignity and integrity, but there should be no doubt or cloud in the understanding of the American people. Confidence in all Members of Congress in all their en- deavors should never again be shaken. It is surprising that such a Select Com- mittee on Standards and Conduct has not been established long before now. Let us not let another session of Congress become history without enactment of appropriate legislation to establish clearly recognized standards of conduct and ethics. Today I join in introduction and sup- port of an appropriate resolution to establish a Select Committee on Stand- ards and Conduct. There are a number of good approaches to the problem. Let us put our heads together and come out with a good workable solution we can all live with?one that will remove the pub- lic cynicism which unfortunately exists today. I fear no standards which can gauge and measure my personal conduct as a Member of the U.S. Congress. Let us get on with the job which confronts us. Mr. BUSH. I thank my distinguished colleague from Alaska [Mr. Pou.ocx] Mr. Speaker, I yield to the gentleman from Michigan [Mr. RIEGLE] Mr. RIEGLE. Mr. Speaker, I take the floor today as one of the cosponsors of this resolution because I deeply believe that it is essential for Congress to act promptly and decisively to preserve what is left of our integrity and respect in the eyes of the American people. Today there is doubt in too many minds across the country about the personal conduct of Members of this body. In 2 days, we will act on the case of a man who, as a Congressman, used his position in Government for his own per- sonal gain. The other body of Congress is today conducting a similar investiga- tion into the conduct of one of its Mem- bers. Unfortunately it takes only one corrupt Congressman to seed the false idea that all Members of Congress are guilty of similar indiscretions. Today, much of the growing public cynicism is due to our own ponderous inability to come to grips with the problem of implementing some tough, but fair, standards of personal conduct. It is not enough to just take strong action against the occasional pub- lically identified offender, but we?to a man?must establish and live by the very highest objective public standards of per- sonal conduct. Let us get moving and demonstrate to the American people be- yond any doubt that we are deeply hon- ored to serve in -our capacity of public trust and wish to act, in every instance, only in the public interest. Let us establish an objective code of conduct which will apply to all Members of this body by which the activities of each and every Member can be measured. Only with such an overall objective standard of conduct can we eliminate the public doubt that arises when?in the absence of an overall objective stand- ard?one man is singled out and punished for improper conduct. This resolution is not offered as a cure- all but rather as a long overdue begin- ning. Certainly it will take good faith and earnest concern of us all if we are to develop and implement a meaningful code of personal conduct. As a fresh- man Member of this body, I look to my senior colleagues for advice and counsel in this matter, so that we who are new to the House can make full use of the knowledge and experience you represent. But let us get moving--let us quit spin- ning our wheels. Let us get something done. Let us answer mounting public concern about the integrity of Congress with a hard-hitting, straightforward code of conduct that does the job. As one Member of this body, I stand ready to work on this issue with any interested Member, on either side of the aisle, for as long as it takes to get this job done. And I suspect it will take determined and unrelenting effort of this kind to finally overcome the inertia and bring about this long overdue reform. Until such time, however, as an objec- tive code of conduct is operational, I will, as a matter of personal conviction, vol- untarily file with the Clerk four annual statements for insertion into the public record. The first voluntary statement will be full disclosure annually of my earnings and assets and I will shortly supply this statement. And I hasten to add that this is not a new idea with me. During my recent campaign for election, I vol- untarily made such a complete public disclosure. The second annual statement will certify that I have not had any relatives on my congressional payroll or working in any other capacity, with or for, any governmental agency. The third statement will certify that I have held no interest, personally or beneficially, in any firm that is a major supplier to Government, or in any firm that operates under direct Government charter or supervision, such as TV sta- tions, airlines, and so forth, The fourth statement will list all con- gressional travel expenses incurred by me and reimbursed by the Government. I will make these statements available for public review because I wish to have my personal conduct in these areas above suspicion?above any lowest de- nominator of conduct possibly occa- sioned by some Member who may misuse his position of trust for his own gain. Mr. BUSH. I would like to commend the forthright statement of the gentle- man from Michigan. No Member of our group has helped more and no one has contributed more to this discussion and to the background work that went into it. Mr. MAYNE. Mr. Speaker, will the gentleman yield? Mr. BUSH. I yield to the gentleman. Mr. MAYNE. Mr. Speaker, I am proud to join my colleague, the gentleman from Texas, and other newly elected Repub- lican Members of the House in urging, az strongly as we can, the appointment of a Select Committee on Ethics and Con- duct and proper standards to govern this House. This committee should recommend rules and regulations necessary or desir- able to insure such proper standards of conduct?and not only by Members of the House but also by officers or employ- ees of the House. In my judgment, such rules and regulations should include a provision prohibiting any Member of this House from employing any member of his family on his staff. I do not think that mere disclosure of such employment is sufficient in view of the mood of this House and the recogni- tion by many Members of the pressing need for meaningful action. I think it is also imperative in view of the mood of the country. The committee should also be given power to make investigations of the conduct of Members, officers, and em- ployees of the House and in my judg- ment should be empowered to recommend censure, suspension, or expulsion of any such Member or officer or employee after an investigation?and I wish to em- phasize?after a fair and complete hearing. Mr. BUSH. I thank the gentleman from Iowa. Mr. RHODES of Arizona. Mr. Speaker, will the gentleman yield? Mr. BUSH. I yield to the gentleman. Mr. RHODES of Arizona. Mr. Speaker, on behalf of the House Re- publican policy committee, I want to thank the gentleman from Texas and the other newly elected Members of the Con- gress from the Republican Party for doing what you have done here today. I think you have done a magnificent job of pointing out the existence of a very important problem. The solution that you offer appears to me to be reasonable, honorable, and just. I think the services that you have rendered will stand the entire House of Representatives in good stead when this very important matter comes before it for deliberation and the Approved For Release 2006/01/30 : CIA-RDP70600338R000300090053-8 111790 Approved For Rftwitm/RwRi cAmmo_p_oprbywoo30009op,n-rsuary 2 7, 4267 formation or creation of a select com- mittee. Mr. BUSH. I appreciate the comments of the gentleman from Arizona, who is the leader of the Republican policy corn- mistee which has already issued, as most of us recognize here today, a forthright statement calling for the selection and establishment of a special Ethics Corn- eittee. It is a great honor to have the gentle- man from Arizona commend the new Members for the work they are doing. In conclusion, Mr. Speaker, I would once again urge with respect to this very important matter that the House not say it cannot be done, or this is old hat, or that it has been tried. I urge that we take a new and fresh look at the problem, and I urge the leadership on both sides of the aisle and the Members of the House on both sides of the aisle to work diligently and pro- vide not only for the creation of an Ethics Committee, but for the adoption of a meaningful code of ethics which will show the country that we are determined to do something about this ethical cloud that hangs over this illustrious body. Mr. GUDE. Mr. Speaker, a basic tenet of American democratic philosophy is the proscription that our Nation is to be a government of laws, not men. In order that Congress achieve the ultimate moral strength in its role as the crucible of American laws it must indeed also govern itself under a code of ethics which measures every Member as an equal. No American can feel secure in moral righteousness and punishment vented against any man, unless every man is governed in all respects with the same laws. Mr. ZWACH. Mr. Speaker, I have said repeatedly that there can be no com- promise with integrity, and that includes the integrity of every Member of Con- gress as well as anyone else. We have all been honored by our people at home who have charged us with the awesome responsibility of representing them in the Congress of the United States. They expect us to work diligently and honestly in their behalf. We must never reach a point where we feel that Members of Congress need not adhere to the same high standard of conduct and integrity that is expected of every man and woman in this Nation. In contrast, we should try to be a model for them. Mr. Speaker, it is unfortunate that a number of incidents in recent years have made the people suspicious of govern- ment. But a good share of the problem does indeed lie with the leaders of gov- ernment. It is their responsibility to lead the crusade to prove to the people that the Congress and the Government of the United States will insist on ab- solutely honest and upright conduct by those in public service. ft is necessary for the continuance of representative government in any coun- try, that the citizens who agree to be governed by a system of manmade laws, have continual evidence of the practice of the highest degree of ethics. Faith in our form of government must never be taken for granted. There must be assurances and protections for U.S. citizens. One way to help do this, Mr. Speaker, is to establish a code of ethics in Con- gress which will apply to every man and woman who is commissioned by the people to work here. It should be a code that will make explicit the require- ments and responsibilities of the Mem- bers. I. have been honored to serve in repre- sentative government for 33 years. I hope to continue working to restore the confidence of our citizens in their Legis- lature. To help achieve that goal, I am proud to join with my colleagues, the newly elected Members of Congress, in this very worthy goal. Mr. WINN. Mr. Speaker, I am pleased to introduce a resolution here in the House of Representatives, similar though not identical to that of my colleagues, to establish a House Committee on Ethics and to provide for full disclosure of fi- nancial holdings. The events of past weeks have reflected poorly on all Mem- bers of the House of Representatives, and, in fact, all Members of Congress. If the legislative branch is to maintain its role as a vital part of our democracy, then it must have the confidence of the American people, and we can hardly ask for or expect to receive that confidence until we are prepared to operate in the light of public disclosure. My resolution, in addition to establish- ing an Ethics Committee and requiring full public disclosure of assets and in- debtedness, prohibits Members of the House of Representatives from appoint- ing or recommending for appointment any members of their family MI positions on the House payroll. I feel that the re- cent disclosures indicating that a number of Members of Congress had relatives on thei.r payrolls did grievous damage to the image of Congress in the eyes of the American public. Although in most in- stances expenditures for family members can be quite legitimate, the opportunity for misuse of public funds remains. In recent months the concept of credibility has been challenged in the executive branch of Government. Re- spect for the Congress has reached new lows with the disclosure of questionable practices by some of its Members. It falls, then, to the Members of this body to demonstrate to the people of the Na- tion that we will govern ourselves by rule of law. Mr. ESCH. Mr. Speaker, over the years a great national concern has grown about the conduct and practices of Mem- bers of Congress. Events of recent months have highlighted this concern, and, if any good can ever come from such circumstances, it will hopefully take the form of greater and continuing efforts at policing ourselves to the degree that assuming the public trust will mean ex- actly that. Por unless we begin to police ourselves effectively, a credibility gap, at least in terms of ethics and conduct, will exist here hi the legislative branch, as well as in the executive. While I join in the introduction of a resolution calling for the establishment of a Select Committee on Standards and Conduct, I am convinced that our efforts in this area must attain a high degree of permanency and stability. Perhaps the establishment of a standing committee woelld best; serre this end and develop the type of continuity necessary to treat all Members equally rather than dealing with individual controversies once they have reached the crisis stage. Our prine gcal must be public confi- dence. The people must not have doubts as to whether 1V. embers of this House are expected .to live up to high ethical stand- ards. The people have every right to expect their lawmakers not to be law- breakers. The acelon of a few can and will re- flect on the reputation of the total. Our task must be then, to set standards for all Members so that this body, individually and collectively, will be above suspect. It is fitting that new Members of the House are speaking out, for our mandate elearly re:lects ?, public concern. May it not fall on closed ears. The immediate public interest and the long-range inter- ests of Ccirigrest so demand. Mr. DENNEY. Mr. Speaker, certainly the public opinion of the U.S. House of Repeesentatives is at a low ebb. In order to counteract this fact, I believe it is necessary for us to take measures to im- prove the image of the House of Repre- sentatives prior to the enactment of leg- islation determining the future of our fellow cit:.zens. People are entitled to know the :Iolanda] interests and dealings of their elected cfficials, and whether any of their relatives are on the Government payroll. Today I am introducing a resolution establishing a Select Committee on Standards and Conduct. This commit- tee, consisting of six Members from each side of the aisle, would have the power to investigate alleged misconduct of Members, officers, and employees of the House. The resolution would also re- quire full disclosure of assets, liabilities, gifts and so forth, by Members of Con- gress, their spouses and members of their staffs. It furthea provides for disclosure of interests on ar y business dealings with or regulated by the Government, and re- quires a listing cf relatives on the Gov- ernment payroll. To enforce these dis- closures the commi ttee would design ap- propriate forms to be filled out by the Members, officers and employees of the House. Mr. Speaker, I urge that my colleagues in ths 90th Congaess show to the Ameri- can people that we are for integrity in Government by early passage of this resolution. Mr. BURKE of Florida. Mr. Speaker, I rise to support the resolutions which have been introduced to establish a Se- lect Committee en Standards and Con- duct in the House. As we are all aware, a short-lived ver- sion ef an ethics committee was estab- lished in the wailing hours of the 89th Congress. Its powers, however, were severely limited by amendment. In its report to the, House, issued last Decem- ber, it urged that a permanent Select Committee on Seasadards and Conduct be created by the House in the 90th Con- gress. The final report of the Joint Committee on the Organization of the Approved For Release 2006/01/30 : CIA-RDP70600338R000300090053-8 February 27, Apgroved ForaeiffaStE29DatCtfIBORIDTA:LRDP7-OBOU3SBR000300090053-8 H 1791 Congress, issued last July, also recom- mended the creation of such a select committee in the House. In the other Chamber a Select Committee on Stand- ards and Conduct has been in existence since 1964. The House has been derelict in its failure to follow suit. At the beginning of this Congress the House refused to seat, pending investiga- tion, a Member of long standing because of apparent?one is compelled to say transparent?abuse of his perquisites and privileges as a Member of the House of Representatives and chairman of an important committee. Allegations of misbehavior on the part of this Member had long been blazoned in the press, yet no investigation of his conduct was forthcoming in the House until the courts in his home State charged him with criminal contempt. This is a sad com- mentary on the moral conscience of one of the four most powerful governmental institutions in this country. If there had been in existence an ethics committee, empowered to investigate alleged misbe- havior by Members of the House, it is certain that this unfortunate oversight would not have occurred. Public confidence in the Congress has slipped precipitously in the last few years. To restore that confidence it is imperative that we now create a Select Committee on Standards and Conduct and that we give it the power necessary to insure prompt and effective action when Members of the House abuse their office. The integrity of this body and its Members must not be permitted to be compromised by the deeds of the few. An independent ethics committee is the best guarantor of this. Mr. Speaker, opinions have been ex- pressed that a Member once brought before such a committee would stand convicted in the public's eye even should the committee exonerate him of all alle- gation of misbehavior. This contention will not survive scrutiny. This Nation still believes in the innocence of the ac- cused until guilt is groven beyond a rea- sonable doubt. I see no reason why this high principle of justice will be voided because a Select Committee on Stand- ards and Conduct might investigate a Congressman's behavior. Indeed, a "clean bill of health" from the commit- tee should dispel the doubts and concern which might obtain about a Member's actions. To doubt this indicts the public's sense of fair play, decency, and justice. Let us remember, furthermore, that the Purpose of the committee would be not to act as an inquisitor but rather as an investigator. Its purpose would be to ascertain the facts in any case, report these to the House, and recommend a course of action. We are most emphat- ically not creating a star chamber here. Mr. Speaker, the entire question of ethical conduct by a Congressman is a thorny thicket. I cannot believe that any significant number of Congressmen deliberately engage in criminal, or even questionable, conduct. Nevertheless, pre- dicaments face us at every turn. One of the most troublesome of these is the dif- ficult and complex matter of conflict of interest. If a Member is a lawyer, for example, he may be uncertain as to which clients he, or especially the law firm with which he may be associated, may repre- sent in suits involved with the Govern- ment. He may own stock and find him- self in a perplexing dilemma because a bill on which he should vote for the in- terest of his constituency also affects his own vested interests. Then there is the matter of ex parte communications with agencies of the Government on behalf of constituents. What line may he not trespass in this regard as he attempts to hasten action. Then there is that biennial headache of campaign funds. These are only three problems en- countered by virtually every Congress- man for which no adequate guides exist. The Code of Ethics passed in 1958, while a step in the right direction, simply fails to provide assistance to a Congressman in these important areas--and others. A real service would be performed by a Select Committee on Standards and Con- duct if it were authorized to recommend a more explicit Code of Ethics for Mem- bers of the House with regard to these matters. I, for one, would welcome rec- ommendations of this nature from the committee. Mr. Speaker, the force of circumstances and logic clearly support the creation of a Select Committee on Standards and Conduct. Temerity and not timidity is the order of the day. Mr. MILLER of Ohio. Mr. Speaker, I have today joined a number of my col- leagues in the introduction of the ethics and disclosure bill. Passage of this leg- islation will provide a uniform standard by which all Members of Congress can be judged by the American people. It is our position that no duly elected individ- ual Member of Congress should be judged against any special standard against which all Members are not ready and willing to be judged. The bill is well conceived, Mr. Speaker, and it stands as a genuine contribution to the establishment of a uniform stand- ard of conduct for the Members of this House. I strongly urge immediate study of and consideration on this important legislation. This bill is identical to Mr. Busn's. _ Mr. GARDNER. Mr. Speaker, I join today with my colleagues in support of a bill to create a Select Committee on Standards and Conduct. The creation of this committee is vital to restore the confidence of the American people in-this Congress and to insure that the present and future Congresses will warrant such confidence and respect. The American public is entitled to ex- pect from their elected Representatives and the officers and employees of this House, superior standards of conduct. We, as public servants, are entrusted with the responsibility of providing fair and representative government for the welfare of this great Nation. In order to do this, our behavior and conduct must be of the highest quality. This select committee, which is simi- lar to the one established in the 89th Congress, is desirable for the guidance and protection of Members and House employees. It has become apparent that in order for Members and employees of this House to give proper and adequate service to the public, standards and a supervisory body must be established. I believe that this committee, along with the standards it will establish, will provide a suitable deterrent to those who might be tempted to put personal ambi- tion ahead of service to their country. This committee will serve as a guarantee that the Members of the House of Rep- resentatives and its employees will meet their sworn obligation to serve God and country. Tomorrow I will introduce a resolution creating a Select Committee on Stand- ards and Conduct, similar to the resolu- tions introduced by my colleagues. In addition to creating a Select Committee, this bill will amend the Rules of the House of Representatives by adding rule XLIII. The new rule requires that each Member, officer and employee of the House of Representatives will file the fol- lowing information with the Clerk of the House: First, the name and address of any business which is Government controlled or licensed in which the individual has a financial interest, second, the name and address of any professional firm which engages in practice before any depart- ment, agency or instrumentality of the United States in which the individual has a financial interest, and third, the name of each person employed by the U.S. Government who is a member of the family or other relative of a Member of the House of Representatives. The responsibility is upon each of us as Members of the House of Representa- tives to provide such measures which will insure that all Members, officers and em- ployees of this House will fulfill their sworn duty. Mr. LUKENS. Mr. Speaker, the new Members who are proposing that a se- lect committee be established on stand- ards and conduct in the House of Rep- resentatives are not attempting to be presumptuous, nor are they suggesting that the Members who came here before them have been guilty of low standards and bad conduct. We know that, with a few possible exceptions, the integrity and honor of the Members of this body are beyond question. But we are concerned with the public attitude toward the Congress generally. Because of a few highly publicized de- partures from a standard the American people feel is required of their Repre- sentatives in Congress, a belief seems to have grown up that most Members of this honorable body indulge in practices of misconduct of one sort or another. It is at this belief that our resolution is aimed. Our resolution is not complicated. It would ask for the establishment of a se- lect committee of 12 members--six from each political party--to be named by the Speaker and empowered to investigate any violation of the law by any Mem- ber of this body. It would call upon Members to: first, make a full disclo- sure of the assets, liabilities, honorari- ums, and so forth, held by them, their spouses or any staff members making more than $15,000 annually: second, make a full disclosure of any interest, Approved For Release 2006/01/30 : CIA-RDP70B00338R000300090053-8 11 1792 Approved For Reweinggafeig3A qtlffliFrp21A961840003000990Mary 27, 1.2,67 either financially or through kinship, with any firm practicing before any Federal agency; third, make a full dis- closure of any interest, regardless of amount, in any business whose right to operate is regulated by the Federal Gov- ernment, and fourth, make a full disclo- sure of any relatives?immediate fam- ily?carried on their congressional pay- rolls. Mr. President, I am convinced that this kind of gesture of honorability is desperately required at this time in our history. The credibility gap?not only with re- gard to the conduct of Congressmen? has now grown to such incredible size that it is more than a political issue, it is a menace to this Nation. Our peo- ple are confused, utterly, by conflict- ing statements from Government offi- cials about the war in Vietnam, the need for a missile defense, the subsidizing of left-wing organizations by the CIA, the doubts cast on the Warren Commission's findings, the direction of the economy, the cause of inflation, the increase in crime on the streets, to name just a few examples. I am convinced that this Congress has a great responsibility to resolve many of these doubts and I am confident that it will. But on the question of its own honor and integrity, we cannot wait. We must show the American people as quick- ly as possible that, in this time of wide- spread disregard for law and order, we intend to keep the U.S. House as far above suspicion as possible. In effect, our own right to act for the American people is at stake in this question of ethics. We must establish it beyond all question and quickly. Thank you, Mr. Speaker. Mr. ZION. Mr. Speaker, perhaps at no time in this century has the Congress been more sharply studied by the public gaze than the present. Perhaps at no time in recent memory has the reputa- tion of Congress with its collective mem- bership been subject to such popular criticism and censure as today. The tragic and thoughtless behavior of a tiny element of this House has reaped pub- licity of an adverse nature far in excess of the quantity of the issue. Unfortu- nately, all Congress is now suspect. Hon- est, decent, and ethical men have been forced to stand in the baleful light of mistrust that has radiated from the machinations of the few. Our linen is now on the line. And, as long as it is there, it would be timely to apply some new detergents to the wash and give the American people a whiter and brighter deal. I am pleased to join many of my colleagues today in introducing my own package of soap in the form of an ethics and disclosure bill. Such legislation, like soap, must be more than chosen or passed upon. Ethics do not become a permanent state of af- fairs from the adoption of such a bill any more than ',.aundry becomes per- petually radiant through one pass in the washer. It takes constant dedication and application to accomplish both jobs. The bills introduced by myself and my colleagues are only a beginning. The real enforceability of congressional ethics lies in the inner person of the in- dividual Member. The workability of any such system lies with each of us. As with a religious creed, acceptance must be essentially voluntary in nature. But today we may choose to begin. Today we must answer a trust, one aris- ing from the biennial mandate of a people that have the right to expect the best from their elected representatives. We can give them no less. Mr. BROWN of Michigan. Mr. Speak- er, along with many of my colleagues. I am introducing legislation today de- signed to strengthen public confidence in congressional ethics. The current public image of Congress demands that we address ourselves to the need for tighter standards of conduct for the legislative branch of Government. Some 60 percent of those answering a re- cent Gallop poll said they believe the misuse of Government funds by Con- gressmen is fairly common. Of course, we know that such abuses are, in fact, not common, but there have been a num- ber of such polls showing a distressing lack of public faith in the integrity of public officials. The number of identical and similar measures being introduced today demonstrates to the Nation a great desire, particularly on the part of those of us who are newly elected, for some positive steps in this important area. I am aware that Congress does now have a code of ethics to which any per- son in Government service should ad- here. Unfortunately, the best of codes will not provide a guarantee against oc- casional misbehavior by Members. Therefore, there is a need for a vehicle in the House to achieve and maintain the highest possible standards by statute with provisions for enforcement thereof. To All this need, I am introducing legis- lation to amend the rules of the House in such a manner as to encourage compli- ance with regard to ethical conduct by compelling public disclosure of financial assets, potential conflicts of interests, and other areas in which Members or their stafs might And themselves?and, there- by, the Congress as an institution--open to public criticism. I recognize that disclosure is a thorny problem to many of my colleagues, be- cause public officials are also citizens with personal assets and aspira ;ions and who quite naturally feel these matters are.. private in nature. However, I be- lieve disclosure can be one more effective way to protect the integrity of elective office. As a Michigan State senator, I voted in favor of such a disclosure bill last year. Since its passage, I have four.d the statute not only helps insure that the public interest will be safe- guarded but it can Serve as a protective device for legislators against unwar- ranted charges leveled against them. Personally, I do not believe it is possible to legislate morality. But it has never been more important than it is today? when we are engaged in a life a:ad death struggle with tyranny?to maintain con- fidence in our governmental institutions and to strengthen the moral fiber of our Nation. Over the past few years, there have been several highly publicized stories of alleged misconduct by a few Members of ,Cengress and a few em- ployees. These escapades have hurt the collective reputation of the Congress and of its Members. Wrongdoing must be punished and public faith in the legislative branch must be restored. I believe this legislation will go a long way toward accomplishing these objectives. We can do no less for our constituents and our country. When an organization finds its repu- tation tarnished, action_ must be taken. I sincerely believe, Mr. Speaker, that corrective action in the form I have suggested, while not a guarantee against "bad apples in the barrel," will_ at least give the public its rightful opportunity to identify those apples which are less than thoroughly wholesome. Mr. THOMPSON of Georgia. Mr. Speaker, I am proud to join with the other Members of the 90th Congress in suprort of a rose lation to establish a Se- lect Committee an Standards and Con- duct. Events of the past few months have made it crystal clear that such a com- mittee is neede 1 and that the proce- dures and committees as presently con- stituted in the House are inadequate to survey the standards and conduct of the Mem tiers. Mr. BROTZMAN. Mr. Speaker, I am pleased to see she active interest and genuine concern expressed here today by the freshman Peemblican Members of the Nth Congress, in this united effort to demonstrate th st they are concerned about the failing image of Congress, and want to take positive, remedial action. The Congress has demanded high standards of conduct from other Govern- ment officials, particularly members of the Cabinet. It :.s time that those Mem- bers who are concerned, those Members who make up the vast majority of honest and hard-working Congressmen, those Members who are striving to serve their constituents in an effective and mean- ingfisi way?it is time that these Mem- bers not o:nly ask but demand that this House be put in order. Mi. Speaker, that demand is being made today. It is being made not only on the floor of this House, but wherever people gather to discuss the affairs of their Nation. The concern expressed here by the new Members of Congress is res'lective of a greater public feeling that the time has come to put this House in order. Mr. SMITH of Oklahoma. Mr. Speak- er, everybody's talking about crime and pointing a ffnge: at the youth of our land as the guilty party. The phrase "juvenile delinquency" has become a fre- quent part of ou: conversation. It is said that 20 percent of our popu- lation is la or below, and that 50 per- cent of the crime is committed by young people in this category. However, less than 5 percent of the teenagers commit the caimes. But teenagers?all of them. are labeled with this stigma. We have SOME thing akin to this in the Congress of the United States. One Member has flaunted his disregard for the honesty and dignity of Congress, and so a cloud is cast over the whole. People do net say, one man or a few men are Approved For Release 2006/01/30 : CIA-RDP70600338R000300090053-8 9 proved Foriftwat.ssesRaCtl/kkBffp_PAN9H38R000300090053-8 H 1793 Feliv4arg 27, guilty. No, they say, "Congress?Con- gress is like a barrel of rotten apples, each contaminating the others." I ask, What kind of an example is that for the youth of our land? I say, let us clean our own house before pointing to youth and the misdemeanors and crimes of youth. We, ourselves, are on. trial. Let us purge ourselves. For this reason, I have this day in- troduced' a bill known as the ethics and disclosure bill. The general purpose of this bill in- volves five items: First. Establish a select committee of the House called the Select Committee on Standards and Conduct. Second. Provide a full disclosure of as- sets, liabilities, honorariums, and so forth, by Members, their spouses, and staff members, whose salaries exceed $15,000 gross annually. Third. Provide a full disclosure of in- terest, either through financial connec- tion or kinship, with any firm practicing before any agency of the United States. Fourth. Provide a full disclosure of in- terest, regardless of amount, in television and radio stations, banks, savings and loan institutions, airlines, and any other business whose right to conduct business is regulated by the Federal Government. Percentage of ownership and fair market value of interest are required for dis- closure?exemption here for listed se- curities in this type of enterprise. Fifth. Provide disclosure of relatives on the Government payroll, including wives, husbands, sons or daughters, grandsons or granddaughters, mothers and fathers of the Members or his spouse. Sixth. Require a complete disclosure form to be designed to include the sec- ond, third, fourth, and fifth items above. Also require change in clerk-hire form to require clerks to reveal relationship, if any, to Member. Mr. BENNETT. Mr. Speaker, one thing that has been overlooked by the public and by Members of the House somewhat in this discussion on ethics in Government, is that one of the needs for such a committee is to improve the im- age of Congress. Most of us know that most Members of Congress are above re- proach. As a part of discussing what would be done to eliminate violations of standards in the few instances when it may arise, it would be worth while to dis- cuss for a minute or two, the fact that the bringing about of this committee would really establish a bill of rights for Members because the legislative history of the bringing about of this committee shows clearly the following rights would be established: First, that, as I said in the first hearing of the Committee on Standards and Conduct, October 20, 1966: I do not think a man's private life is detri- mental to the House. No one is perfect, and if he privately has weaknesses, it should not be something that should come before this committee, as it would not reflect upon the House. Second, that a Member is entitled to his own political views and such would not be the subject of inquiry by this committee, and no such power would be given to the committee under the pro- posed statute. Third, that no trivial or frivolous mat- ter would come before the committee, and this would be protected by the re- quirement that any complaint would have to be under oath and in writing, and backed up by competent evidence, and be presented to the committee by a Member of the House, and even then, the committee would have discretion to fail to investigate it if it so decided. Fourth, that no ex post facto hear- ings would be held, that is, a person could not be charged for doing some- thing that occurred before the Congress had set up the standard by action of the full House. Fifth, that the committee could help to make definite, realistic guides for con- duct by not only helping to prohibit the bad but also by making definite what is proper, thus evading "throwing out the baby with the bathwater." Finally, I would like to say that in my opinion, it is just as important to protect Members of Congress from being hurt by unfounded accusations as it is to root out the few isolated cases of misbe- havior. ETHICS OF CONGRESS (Mrs. DWYER (at the request of Mr. GIME) was given permission to extend her remarks at this point in the RECORD and to include extraneous matter.) Mrs. DWYER. Mr. Speaker, it is deeply encouraging to me to see the de- termination of our remarkable group of first-term minority Members to make a contribution toward the resolution of one of the thorniest problems facing the Congress, the question of the proper means of insuring the ethical conduct of the Members of this body. I congrat- ulate them. In deciding, as a group, to address themselves to this issue, our colleagues have displayed an alert sensitivity both to the moral responsibility of the House to take effective action in this field and to the proper opinion of the people we represent. I suggest, Mr. Speaker, that more sen- ior Members of this body should view with more than ordinary significance this action of our junior colleagues. Our newer Members are in a position to see this institution with somewhat greater detachment and objectivity, perhaps, than those who have served here much longer. Having been constituents them- selves only a few short weeks -ago, they may speak with greater authority about the attitudes of the people we represent toward Congress' long-standing reluct- ance to insist on the highest standards of ethical conduct. They know, Mr. Speaker, that the peo- ple are troubled about their Congress. They recognize that when doubt and sus- picion beset this representative institu- tion, we cannot do our jobs properly. They understand that the responsibility is upon all of us?junior and senior alike?to remedy this unfortunate situa- tion. I welcome, therefore, their sound judgment and their mature determina- tion to act. To elaborate somewhat on my own view of the need we face and of the actions I believe we should take without further delay, I include as part of my remarks the text of the first of my bi- weekly radio reports in the 90th Con- gress, which I recorded on Wednesday, February 8: Since this is my first broadcast of the new 90th Congress, and since we are still in the organizational stages of the new session, I was inclined to devote these remarks to a review of some of the major issues we will be facing here. There are plenty?taxes, government reorganization, air and water pollution are obvious examples. And always at issue will be the amount of money we can afford to spend for the multitude of objectives?some essential, some question- able?which earlier Congresses have au- thorized. But on reflection, as a believer in priorities, I've decided that first things really should come first. First among the first, in my ' judgment, Is the matter of integrity, Congressional in- tegrity. It is the foundation of representa- tive government. It colors everything Con- gress does. It determines the confidence which people may have in their Government, the respect they may hold for the laws, the effectiveness with which the Government can function. No one can disagree with the principle that all public officials must act with un- wavering integrity, absolute impartiality, and complete devotion to the public interest. Moreover, this principle must be followed not only in reality but also in appearance. For Congress, this principle is especially im- portant. Congressmen are the direct repre- sentatives of the people. And Congress is the source of the money and the authority on which the National Government depends. Yet, there is an uncomfortable gap be- tween principle and practice. Congress does not possess the unquestioned confidence or the high reputation for integrity it needs to have. People have doubts and suspicions. And much of the fault lies with Congress itself. For Congress has failed to police it- self effectively. It has failed to establish clear-cut standards of conduct and to en- force these standards. Two examples are very much in the news and they illustrate very well the problem we face. Congressman Adam Clayton Powell was denied his seat in the House on the first day of the new session, and the charges against him are now being investigated. I supported this move, but I must ask now, In common with many people, whether Con- gress will be content simply to dispose of the Powell case or whether it will establish the standards and machinery to assure that all its members are above reproach. The other example is the Bobby Baker case. Mr. Baker has just been convicted on charges amounting to a violation of his trust as a former top employee of the Senate. The very evidence, however, which convicted Baker also implicated at least one former Senator in a situation involving the payment of nearly 100,000 dollars for the purpose of influencing legislation. Nothing, apparently, is being done about this. People have a right to be bothered by unanswered questions like these. It's their government. And Congress has an obliga- tion to the people, and to itself, to restore the people's confidence in this the highest institution of self government in our land. Throughout my years in the House, I have repeatedly urged Congress to take the neces- sary action. Together with many of my col leagues, I have voted, introduced legislation, made speeches and testified before commit- tees in efforts to bring about reform. The results, to date, have been meager, indeed. It's not because Congress doesn't know what Approved For Release 2006/01/30 : CIA-RDP70600338R000300090053-8 Approved For RecimitaIRMR%iCyt-MO_BOppaR00300090083-8 1794 P COruary 6;7, .CL167 it ought to do; rather. it has lacked the will to do it. Now, however, in the face of re- newed scandal, we have the best opportunity so far to remedy the situation. For the past several weeks, I have been researching this matter carefully?reviewing what has been proposed, studying the con- ilict-of-interest regulations of the Executive branch, and preparing legislation which will meet the problem squarely. I believe we need to do the following things: require the disclosure of all assets and liabilities, gifts, and business interests of Members of Congress and their top staff lasistants; place on the public record all communications between Congressmen and government agencies on behalf of private interests; write a Code of Ethics which will provide specific and meaningful standards of conduct; and establish a permanent com- mittee in the House with the power to in- vestigate allegations of improper conduct and the power to punish offenders. This is what my legislation will provide. If Congress enacts these laws, most of our battle will be won. And for those who per- sist in violating ethical standards, we will have the means of dealing with him effec- tively. THE WAR ON POVERTY IN MY HOMETOWN?A STUDY IN SCHIZ- OPHRENIA The SPEAKER pro tenipore (Mr. BEN- NETT). Under previous order of the House, the gentleman from California Mr. GuEsE al is recognized for 30 minutes. Mr. GUBSER. Mr. Speaker, the schizoid activities of the Johnson ad- ministration in approaching the prob- lems of poverty make the story of Dr. Jekyll and Mr. Hyde relatively unimagi- native. The mimeograph mills of the Great Society are constantly grinding out big slogan words like "massive at- tack," "bold and imaginative planning," which create the impression that poverty and the other evils which confront man- kind are being rolled back before the forces of Federal law and Federal money. But when the time comes for some constructive action. I have learned from bitter experience that the Great Society frequently puts on a new face and looks the other way. In Mexico there is a saying, "Mucho ruido, pocas nueces." Literally, it means "Much noise and few nuts." Figura- tively, it means "Much talk and little accomplishment." A rather exotic Yankee philosopher, Yogi Berra, recently stated: You can observe quite a lot just by looking. Well. I have been looking at all the Federal Government has done about poverty in my own hometown and I have observed quite a lot and, in my opinion, it can be best expressed with the Mexi- can phrase, "Mucho ruido, pocas nueces." I take this time, Mr. Speaker, to give you a concrete example, documented in fact, of the schizoid actions of the John- son administration in the last few days in my congressional district. To set the stage, let us first take a look at my hometown of Gilroy, Calif. We are primarily an agricultural com- munity in an area which is almost in a different economic world than the rest of Santa Clara County. Because the fast-growing electronic and industrial complex of northern Santa Clara County has not yet come to the Gilroy area, we will probably be required to depend upon agriculture and food process].ng as our economic base for a few years to come. This dependence creates serious unem- ployment problems since agricultural employment is highly seasonal. Fur- thermore, because it is a pleasant place to live, many migratory workers who travel across the State during the sum- mer spend their winters in Gilroy. These people are underskilled and have not been fortunate enough to have re- ceived the training which would enable them to break their migratory pattern. Their lot admittedly is not the most pleasant. There is need to help them de- ve:.op skills which are in demand and at the same time to develop jobs which they ca:a fill. The Office of Economic 0:oportunity has designated Gilroy as a "pocket of poverty." Two years ago a nationally televised report by the Columbia Broad- casting System held it up as an example of poverty in the midst of affinence. According to figures taken from the Santa Clara County Special Census of April 1966, 41.7 percent of Gilroy families have an annual income of less than $6,000, 23.5 percent get less than $4,000, and 8.4 percent get less than $2,000. 'rhe Santa Clara County 'Welfare De- partment estimated early in January that more than 1,000 families are cur- rently on the welfare rolls in the greater Gilroy area. The State department of enmloyment estimates that the level of employment fluctuates wildly throughout the year, with a low employment of 1,721 to a high of 7,926. The Federal Government sends a pa- rade of VISTA volunteers to Gilroy to assist migratory workers. The Gilroy Area Service Center of the Economic Op- portunity Commission receives compara- tively heavy financing in its efforts under the poverty program. Though I wish I could claim differ- ently, these facts show that we do have a problem in Gilroy. Constructive -Fed- eral help would be useful and welcome in meeting our peculiar economic prob- lem. As the remainder cf my story will show, we took the constructive steps advocated by the deluge of paper and press releases which come from the mimeograph mills of Washington. We found a means of doing something constructive. We courted one branch of Government, we were encouraged, and then we were jilted. At the same time. another :aranch of the Great Society continues to pipe its tune which leads people down a road of false hope, frustration, and z'ontinued poverty. Last fall, Swift & Co. expressed an in- terest in establishing a meatpacking plant near Gilroy. I talked personally with Mr_ J. A. Copeland, vice president of Swift & Co., who confirmed this in- terest. ? The meatpacking plant would immedi- ately employ 350 unskilled laborers who would be furnished year-round employ- ment at good wages. Here was an oppor- tunity in one fell swoop to break the migratory and poverty pattern of 350 hu- man beings for all time. And the antic- ipated growth of Swift 83 Co. would un- doubtedly more than double their initial employee requir eraents. But Swift & Co. had to be assured that adequate utilities could be furnished, the most; crucial being a sewage treatment and disposal sy stem to handle the large discharges that come from a meatpack- ing plant. This situation appeared made to order for the grant and loan program author- ized by Congress and administered by the Economic Development Administra- tor. Gilroy was encouraged to submit its application and did so. I had numer-- ous contacts the Seattle Regional Offi:e of the Economic Development Ad- ministration in an effort to expedite processing of this application and re- ceived courteous and efficient replies from:. Mr. V. W. Cameron, the area di- rector. At one time, Mr. Cameron wrote, and I quote: Since tae Swift and Company project in- volves aprroximately 900 new Jobs, its loca- tion may have considerable impact in our evaluation of this Gilroy application. In the meant m.e, Swift & Co., anxious to make its decision and proceed with the construction of its new west coast fa- cility, patiently marked time. The Seantle office of the Economic Develop- mere:, Administration acted expeditiously and I was finally informed that the ap- plication had been sent forward to Wash- ington. At this point, the old Washington run- around started to operate and political gobbledygook and doubleta1k began. Twiee I was informed by Washington Economic Development Administration officials that the application was still in Seattle. Upon checking there. I found on both occasions that the information from the Economic Development Admin- istration M Washington was false. On one occasicn, I was even told the name of the lady in Washington who had the application on her desk. I ::eresseel further and submitted a let- ter written to the city manager of Gilroy by Mr. John W. Nordstrom of Swift & Co., which said in part: We cannot definitely state that if Gilroy is given the money for this sewage disposal plant that Swift Ind Company would build there, but we can say that Gilroy would not be considered for this plant if a sewage dis- posal is not available. On FebruarY l, I wrote a letter to Mr. Rost D. :Davis, Assistant Secretary of Commerce and Director of Economic De- velopment, enclosing a copy of Mr. Nord- strom's letter, in which I said: Perhaps A, is too much to expect the Fed- eral Government to make an advance com- mitment conditioned upon Swift's action in this ase. rots being true, we are then faced with the situatior of which comes first, the chicken or the egg? It is my considered opinion that a condi- tional commitmer t on the part of the Fed- eral Government should be made and the cond.,-;ion should be that the grant will be approved if and when an industry is at- tracted to Gilroy because of the grant which Approved For Release 2006/01/30 : CIA-RDP70600338R000300090053-8