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Senate Select Committee on Ethics: A Brief History of Its Evolution and Jurisdiction

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Senate Select Committee on Ethics: A Brief
March March 22, 202131, 2023
History of Its Evolution and Jurisdiction
Jacob R. Straus
The U.S. Constitution provides each House of Congress with the sole authority to establish rules The U.S. Constitution provides each House of Congress with the sole authority to establish rules
Specialist on the Congress Specialist on the Congress
and punish and expel Members. From 1789 to 1964, the Senate dealt individually with cases of and punish and expel Members. From 1789 to 1964, the Senate dealt individually with cases of

disciplinary action against Members, often forming ad hoc committees to investigate and make disciplinary action against Members, often forming ad hoc committees to investigate and make
recommendations when acts of wrongdoing were brought to the chamber’s attention. Events of recommendations when acts of wrongdoing were brought to the chamber’s attention. Events of

the 1960s, including the investigation of Secretary to the Majority Robert the 1960s, including the investigation of Secretary to the Majority Robert G. “Bobby” Baker, for G. “Bobby” Baker, for
alleged corruption and influence peddling, prompted the creation of a permanent ethics committee and the writing of a Code alleged corruption and influence peddling, prompted the creation of a permanent ethics committee and the writing of a Code
of Conduct for Members, officers, and staff of the Senate. of Conduct for Members, officers, and staff of the Senate.
The Senate Select Committee on Ethics was first established in 1964. This bipartisan, six-member committee investigates The Senate Select Committee on Ethics was first established in 1964. This bipartisan, six-member committee investigates
alleged violations of the rules of the Senate and recommends disciplinary actions. In the 95th Congress (1977-1978), the alleged violations of the rules of the Senate and recommends disciplinary actions. In the 95th Congress (1977-1978), the
Senate expanded the committee’s jurisdiction and altered its procedures to implement revisions to the Senate Code of Official Senate expanded the committee’s jurisdiction and altered its procedures to implement revisions to the Senate Code of Official
Conduct. Also, to reflect these changes the committee was renamed the Select Committee on Ethics. Conduct. Also, to reflect these changes the committee was renamed the Select Committee on Ethics.
This report briefly outlines the background of ethics enforcement in the Senate, including the This report briefly outlines the background of ethics enforcement in the Senate, including the cre ationcreation of the Select of the Select
Committee on Standards and Conduct and the subsequent renaming of the committee as the Select Committee on Ethics. The Committee on Standards and Conduct and the subsequent renaming of the committee as the Select Committee on Ethics. The
report also provides a brief overview of the Senate Code of Conduct and on the Select Committee’s current report also provides a brief overview of the Senate Code of Conduct and on the Select Committee’s current jurisdictio njurisdiction and and
procedures. procedures.
For additional information on ethics in the Senate, please see CRS Report RL30764, For additional information on ethics in the Senate, please see CRS Report RL30764, Enforcement of Congressional Rules of
Conduct: A Historical Overview
, by Jacob R. Straus. , by Jacob R. Straus.
Congressional Research Service Congressional Research Service


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Contents
Introduction ..................................................................................................................................... 1
Creating a Permanent Ethics Committee ......................................................................................... 2
Select Committee on Standards and Conduct ........................................................................... 2
Select Committee on Ethics ...................................................................................................... 4
Senate Code of Conduct .................................................................................................................. 5
Formal Code of Conduct ........................................................................................................... 7
Current Code of Official Conduct ............................................................................................. 8
Jurisdiction ...................................................................................................................................... 9
Additions to Jurisdiction ........................................................................................................... 9
Franking Privilege ............................................................................................................. 10 Intelligence 10
Intel igence Information Disclosure.................................................................................. 10
Acceptance of Foreign Gifts ............................................................................................. 10
Public Financial Disclosure Forms ................................................................................... 10 10

Fair Employment Practices ............................................................................................... 10
Insider Trading and Financial Disclosure .......................................................................... 11
Current Jurisdiction ................................................................................................................. 12
Procedure ....................................................................................................................................... 13

Tables
Table 1. Standing Rules of the Senate Included in the Code of Official Conduct ........................... 8 9

Table A-1. Senate Select Committee on Standards and Conduct Membership ............................. 14
Table B-1. Senate Select Committee on Ethics Membership ........................................................ 16

Appendixes
Appendix A. Membership on the Senate Select Committee on Standards and Conduct,
1965-1976................................................................................................................................... 14
Appendix B. Membership on the Senate Select Committee on Ethics, 1977-2019 ...................... 16

Contacts
Author Information ........................................................................................................................ 22


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Senate Select Committee on Ethics: A Brief History of Its Evolution and Jurisdiction

Introduction
To ensure that Members of Congress uphold high standards, the U.S. Constitution provides sole To ensure that Members of Congress uphold high standards, the U.S. Constitution provides sole
authority to establish rules and punish and expel Members to the House of Representatives and authority to establish rules and punish and expel Members to the House of Representatives and
the Senate, respectively. Article I, Section 5, clause 2 provides that “Each House may determine the Senate, respectively. Article I, Section 5, clause 2 provides that “Each House may determine
the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the
Concurrence of two thirds, expel a Member.”1Concurrence of two thirds, expel a Member.”1
In the 18th and 19th centuries, the Senate used its authority to establish ethics rules and to punish In the 18th and 19th centuries, the Senate used its authority to establish ethics rules and to punish
individualindividual Members sparingly.2 Former Senate historian Richard Baker observed that “[f]or Members sparingly.2 Former Senate historian Richard Baker observed that “[f]or
nearly two centuries, a simple and informal code of behavior existed. Prevailing norms of general nearly two centuries, a simple and informal code of behavior existed. Prevailing norms of general
decency served as the chief determinants of proper legislative conduct.”3 During that time, decency served as the chief determinants of proper legislative conduct.”3 During that time,
Congress often dealt with ethics issues “on a case-by-case basis, [and then] only with the most Congress often dealt with ethics issues “on a case-by-case basis, [and then] only with the most
obvious acts of wrongdoing, those clearly ‘inconsistent with the trust and duty of a member.’”4obvious acts of wrongdoing, those clearly ‘inconsistent with the trust and duty of a member.’”4
Events in the early 1960s, including charges of corruption and influence peddling against Events in the early 1960s, including charges of corruption and influence peddling against
Secretary to the Majority Robert G. “Bobby” Baker, prompted the Senate Committee on Rules Secretary to the Majority Robert G. “Bobby” Baker, prompted the Senate Committee on Rules
and Administration, which had jurisdiction over “[m]atters relating to the payment of money out and Administration, which had jurisdiction over “[m]atters relating to the payment of money out
of the contingent fund of the Senate or creating a charge upon the same,”5 to hold hearings on of the contingent fund of the Senate or creating a charge upon the same,”5 to hold hearings on
financial and business activities of current and former Members, officers, and employees of the financial and business activities of current and former Members, officers, and employees of the
Senate.6 Senate.6
This report examines the history and evolution of the Senate Select Committee on Ethics, This report examines the history and evolution of the Senate Select Committee on Ethics,
including the committee’s jurisdiction and investigative procedure. It does not deal with changes including the committee’s jurisdiction and investigative procedure. It does not deal with changes
to criminal law (as defined in Title 18, to criminal law (as defined in Title 18, U.S. Code), with criminal prosecutions of Members of ), with criminal prosecutions of Members of
Congress, or with the specifics of disciplinary cases in the Senate.7 Congress, or with the specifics of disciplinary cases in the Senate.7

1 U.S. Congress, House, 1 U.S. Congress, House, “Article I, Section 5, clause“Article I, Section 5, clause 2,” 2,” T heThe Constitution of the United States, 108th Cong., 1st sess., Constitution of the United States, 108th Cong., 1st sess.,
H.Doc. 108-96 (Washington: GPO, 2003), p. 4. H.Doc. 108-96 (Washington: GPO, 2003), p. 4.
2 Richard Allan Baker, 2 Richard Allan Baker, The Senate of the United States: A Bicentennial History (Malabar, FL: Robert K. Krieger (Malabar, FL: Robert K. Krieger
PublishingPublishing Company, 1988), p. 109. For more information on Senate censure and expulsion cases, see U.S.Company, 1988), p. 109. For more information on Senate censure and expulsion cases, see U.S. Congress, Congress,
Senate Committee on Agriculture, Nutrition, and Forestry, Senate Committee on Agriculture, Nutrition, and Forestry, United States Senate Election, Expulsion and Censure
Cases: 1793-1990
, prepared by Anne M. Butler and Wendy Wolff, U.S. Senate Historical Office, , prepared by Anne M. Butler and Wendy Wolff, U.S. Senate Historical Office, 103 rd103rd Cong., 1st sess., Cong., 1st sess.,
S.Doc. 103-33 (Washington: GPO, 1995). S.Doc. 103-33 (Washington: GPO, 1995).
3 Richard Baker, “3 Richard Baker, “ T heThe History of Congressional Ethics,” in Bruce Jennings and Daniel Callahan, eds., History of Congressional Ethics,” in Bruce Jennings and Daniel Callahan, eds., Representation
and Responsibility: Exploring Legislative Ethics
(New (New York: Plenum Press, 1985), p. 4 (hereinafter, Baker, “York: Plenum Press, 1985), p. 4 (hereinafter, Baker, “ The The
History of Congressional Ethics”). History of Congressional Ethics”).
4 Ibid., p. 3. 4 Ibid., p. 3.
5 U.S.5 U.S. Congress, Senate, Congress, Senate, Senate Manual Containing the Standing Rules, Orders, Laws, and Resolutions Affecting the
Business of the United States Senate
, 88th Cong., 1st sess.,, 88th Cong., 1st sess., S.Doc. 1 (Washington: GPO, 1963), §25.1p, p. 37.S.Doc. 1 (Washington: GPO, 1963), §25.1p, p. 37.
6 U.S.6 U.S. Congress, Senate Committee on Rules, Congress, Senate Committee on Rules, Authorizing an Investigation into the Financial, Business or Other
Interests or Activities of Present or Form er Mem bersFormer Members, Officers, or Em ployees or Employees of the Senate, Volum eVolume 1
, hearing pursuant , hearing pursuant
to S. Res.to S. Res. 212 and S.Res.212 and S.Res. 367, 89th Cong., 1st sess., February367, 89th Cong., 1st sess., February 4, 1965 (Washington: GPO, 1965); and U.S.4, 1965 (Washington: GPO, 1965); and U.S. Congress, Congress,
Senate Committee on Rules, Senate Committee on Rules, Authorizing an Investigation into the Financial, Business or Other Interests or Activities
of Present or Form er Mem bers, Officers, or Em ployeesFormer Members, Officers, or Employees of the Senate, Volum e 2
Volume 2, hearing pursuant to S. Res., hearing pursuant to S. Res. 212 and S. 212 and S.
Res.Res. 367, 89th Cong., 1st sess.,367, 89th Cong., 1st sess., February 5, 1965 (Washington: GPO, 1965). February 5, 1965 (Washington: GPO, 1965).
7 For more information on the enforcement of codes of conduct in the House of Representatives and the Senate, see 7 For more information on the enforcement of codes of conduct in the House of Representatives and the Senate, see
CRSCRS Report RL30764, Report RL30764, Enforcem entEnforcement of Congressional Rules of Conduct: A Historical Overview,, by Jacob R. Straus. by Jacob R. Straus.
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Senate Select Committee on Ethics: A Brief History of Its Evolution and Jurisdiction

Creating a Permanent Ethics Committee
Prior to the 88th Congress (1963-1964), no standard mechanism existed for discipline of Senators. Prior to the 88th Congress (1963-1964), no standard mechanism existed for discipline of Senators.
During the 88th Congress, the Senate created the first ethics committee, the Select Committee on During the 88th Congress, the Senate created the first ethics committee, the Select Committee on
Standards and Conduct. In the 95th Congress (1977-1978), the Senate changed the committee’s Standards and Conduct. In the 95th Congress (1977-1978), the Senate changed the committee’s
name to the Committee on Ethics. name to the Committee on Ethics.
Select Committee on Standards and Conduct
Ethics reform became more salient in the Senate after Secretary to the Majority Robert G. Ethics reform became more salient in the Senate after Secretary to the Majority Robert G.
“Bobby” Baker resigned on October 8, 1963, following “Bobby” Baker resigned on October 8, 1963, following al egationsallegations that he had misused his that he had misused his
official position for personal financial gain.8 Following Mr. Baker’s resignation, the Senate official position for personal financial gain.8 Following Mr. Baker’s resignation, the Senate
agreed to a resolution (S.Res. 212) to “inquire into the financial and business interests of any agreed to a resolution (S.Res. 212) to “inquire into the financial and business interests of any
officer, employee, or former employee of the Senate.”9 The resolution directed the Committee on officer, employee, or former employee of the Senate.”9 The resolution directed the Committee on
Rules and Administration to conduct an investigation into current and former officers’ and Rules and Administration to conduct an investigation into current and former officers’ and
employees’ financial and business interests. The resolution stated, employees’ financial and business interests. The resolution stated,
Resolved,, That the That the Committee on Rules andCommittee on Rules and Administration orAdministration or any duly any duly authorized authorized
subcommittee thereof is authorized and directed tosubcommittee thereof is authorized and directed to make a study and investigationmake a study and investigation with
respect to any financial or business interests or activities of any officer or employee with respect to any financial or business interests or activities of any officer or employee or or
former officer or employee of the Senate, for the purpose of ascertaining (1) whether any former officer or employee of the Senate, for the purpose of ascertaining (1) whether any
such interests or activities have involved conflicts of interest or other impropriety, and (2) such interests or activities have involved conflicts of interest or other impropriety, and (2)
whether additional laws, rules, or regulations are necessary or desirable for the purpose of whether additional laws, rules, or regulations are necessary or desirable for the purpose of
prohibiting or restricting any such interests or activities. The Committee shall report to the prohibiting or restricting any such interests or activities. The Committee shall report to the
SenateSenate at the earliest practicable date the results of its study and investigation, at the earliest practicable date the results of its study and investigation, together together
with such recommendation as it may deem desirable.10 with such recommendation as it may deem desirable.10
Pursuant to the S.Res. 212, the Committee on Rules and Administration held a series of hearings Pursuant to the S.Res. 212, the Committee on Rules and Administration held a series of hearings
to investigate the general business interests and activities of Senate officials and employees.11 In to investigate the general business interests and activities of Senate officials and employees.11 In
the report issued following the hearings, the committee recognized that serious the report issued following the hearings, the committee recognized that serious al egationsallegations had had
been made against a former employee, and that no specific rules or regulations governed the been made against a former employee, and that no specific rules or regulations governed the
duties and activities of Members, officers, or employees of the Senate. The committee also duties and activities of Members, officers, or employees of the Senate. The committee also
concluded that many of Baker’s outside activities were in conflict with his official duties and concluded that many of Baker’s outside activities were in conflict with his official duties and
made several recommendations, including adoption of public financial disclosure rules and other made several recommendations, including adoption of public financial disclosure rules and other
guidelines for Senate employees.12 guidelines for Senate employees.12

8 For example, see Sen.8 For example, see Sen. Wayne Morse, “Resignation of Robert G.Wayne Morse, “Resignation of Robert G. Baker AsBaker As Secretary of the Majority for the Senate,” Secretary of the Majority for the Senate,”
remarks in the Senate, remarks in the Senate, Congressional Record, vol. 109, part 14 (October 8, 1963), p. 18942. , vol. 109, part 14 (October 8, 1963), p. 18942.
9 “Inquiry into Financial or Business 9 “Inquiry into Financial or Business Interests of any Officer, Employee, or Former Employee of the Senate,” Interests of any Officer, Employee, or Former Employee of the Senate,”
Congressional Record, vol. 109, part 14 (October 10, 1963), p. 19153. , vol. 109, part 14 (October 10, 1963), p. 19153.
10 U.S. 10 U.S. Congress, Senate Committee on Rules and Administration, Congress, Senate Committee on Rules and Administration, Financial or Business Interests of Officer or
Em ployeesEmployees of the Senate
, report pursuant to S.Res. 212, 88th Cong., 2nd sess., July, report pursuant to S.Res. 212, 88th Cong., 2nd sess., July 8, 1964, S.Rept. 88-1175 8, 1964, S.Rept. 88-1175
(Washington: GPO, 1964), p. 5. (Washington: GPO, 1964), p. 5.
11 U.S.11 U.S. Congress, Senate Committee on Rules and Administration, Congress, Senate Committee on Rules and Administration, Financial or Business Interests of Officers or
Em ployees or Employees of the Senate
, hearings pursuant to S.Res., hearings pursuant to S.Res. 212, parts 1-27, 88th Cong., 1st and 2nd sess., 1963-1964 212, parts 1-27, 88th Cong., 1st and 2nd sess., 1963-1964
(Washington: GPO, 1964); and U.S.(Washington: GPO, 1964); and U.S. Congress,Congress, Senate Committee on Rules and Administration, Senate Committee on Rules and Administration, Construction of the
District of Colum bia of Columbia Stadium , and Matters Related Thereto
, hearings pursuant to S.Res., hearings pursuant to S.Res. 212 and S.Res.212 and S.Res. 367, parts 367, parts
1-13, 88th Cong., 2nd sess., and1-13, 88th Cong., 2nd sess., and 89th Cong., 1st sess., 1964-1965 (Washington: GPO, 1964-1965). 89th Cong., 1st sess., 1964-1965 (Washington: GPO, 1964-1965).
12 Ibid., pp. 63-67. 12 Ibid., pp. 63-67.
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Senate Select Committee on Ethics: A Brief History of Its Evolution and Jurisdiction

Following the investigation into Mr. Baker, additions to the Senate rules— Following the investigation into Mr. Baker, additions to the Senate rules—cal ingcalling for public for public
financial disclosure reports and more controls on staff involvement with Senate campaign financial disclosure reports and more controls on staff involvement with Senate campaign
funds—were introduced to implement the committee’s recommendations.13 funds—were introduced to implement the committee’s recommendations.13
Additional y, Additionally, the Committee on Rules and Administration considered the creation of a separate the Committee on Rules and Administration considered the creation of a separate
ethics committee. In a committee report on proposed amendments to Senate rules, Senator John ethics committee. In a committee report on proposed amendments to Senate rules, Senator John
Sherman Cooper discussed an amendment he proposed, but which did not pass the committee, to Sherman Cooper discussed an amendment he proposed, but which did not pass the committee, to
create a select committee on standards and conduct. create a select committee on standards and conduct.
I regret that a resolution which I offered was rejected by the majority party representation I regret that a resolution which I offered was rejected by the majority party representation
on the committee. The resolutionon the committee. The resolution which I offered would have establishedwhich I offered would have established a select a select
committee on standards and conduct, composed of sixcommittee on standards and conduct, composed of six members, threemembers, three from each of the from each of the
parties, to be appointed by the President of the Senate. This committee would be authorized parties, to be appointed by the President of the Senate. This committee would be authorized
toto receive receive complaints ofcomplaints of unethical,unethical, improper,improper, illegal conduct ofillegal conduct of members,members, officers,officers, or or
employees of the Senate, to make investigation of allegations of such conduct, to propose employees of the Senate, to make investigation of allegations of such conduct, to propose
rulesrules and regulations, to give advisory opinions, and to make recommendations to and regulations, to give advisory opinions, and to make recommendations to the the
Senate regarding disciplinary action if required. Senate regarding disciplinary action if required.
I believe the establishment of such a committee made up of distinguished Members of the I believe the establishment of such a committee made up of distinguished Members of the
Senate would act as a deterrent upon possible violations, and in the exercise of jurisdiction, Senate would act as a deterrent upon possible violations, and in the exercise of jurisdiction,
would have the confidence of the Senate and the public. I do not consider that such a special would have the confidence of the Senate and the public. I do not consider that such a special
select committee should be considered as a policing committee, but one which, as I have select committee should be considered as a policing committee, but one which, as I have
said, would detersaid, would deter possible violations and possible violations and deal with them with utmostdeal with them with utmost dispatch and dispatch and
fairness.14 fairness.14
On July 1, 1964, Senator B. Everett Jordan filed a resolution (S.Res. 338) to amend the On July 1, 1964, Senator B. Everett Jordan filed a resolution (S.Res. 338) to amend the
jurisdiction of the Committee on Rules and Administration and jurisdiction of the Committee on Rules and Administration and al owallow the committee the committee
to investigate every alleged violation of the rules of the Senate, and to make appropriate to investigate every alleged violation of the rules of the Senate, and to make appropriate
findingsfindings of fact and conclusions with respect thereto after according to any individual
concerned due notice and opportunity for hearing. In any case in which the committee
determines that any of fact and conclusions with respect thereto after according to any individual concerned due notice and opportunity for hearing. In any case in which the committee determines that any such violation has occurred, it shall be the duty of the committee to such violation has occurred, it shall be the duty of the committee to
recommendrecommend to the Senate appropriate disciplinary action, including reprimand, to the Senate appropriate disciplinary action, including reprimand, censure, censure,
suspension from office or employment, or expulsion from office or employment.15 suspension from office or employment, or expulsion from office or employment.15
Consideration of S.Res. 338 began on July 24, 1964.16 During debate, Senator Cooper proposed Consideration of S.Res. 338 began on July 24, 1964.16 During debate, Senator Cooper proposed
an amendment similar to his proposed amendment in the Committee on Rules and an amendment similar to his proposed amendment in the Committee on Rules and
Administration. The amendment proposed to remove jurisdiction over ethical issues from the Administration. The amendment proposed to remove jurisdiction over ethical issues from the
Committee on Rules and Administration and create a permanent, bipartisan Select Committee on Committee on Rules and Administration and create a permanent, bipartisan Select Committee on
Standards and Conduct.17 In proposing his amendment, Senator Cooper summarized why he Standards and Conduct.17 In proposing his amendment, Senator Cooper summarized why he

13 U.S. 13 U.S. Congress, Senate Committee on Rules and Administration, Congress, Senate Committee on Rules and Administration, Proposed Rules XLI and XLII to the Standing Rules
of the Senate
, report to accompany S.Res. 337, 88th Cong., 2nd sess., S.Rept. 88-1125 (Washington: GPO, 1964). , report to accompany S.Res. 337, 88th Cong., 2nd sess., S.Rept. 88-1125 (Washington: GPO, 1964).
14 Ibid., p. 13. 14 Ibid., p. 13.
15 Sen. B. Everett Jordan, “Amendment of Rule XXV,15 Sen. B. Everett Jordan, “Amendment of Rule XXV, Relating to the Jurisdiction of Committee on Rules and Relating to the Jurisdiction of Committee on Rules and
Administration–Report of a Committee (S.Rept. No. 1147),” Administration–Report of a Committee (S.Rept. No. 1147),” Congressional Record, vol. 110, part 12 (July 1, 1964), p. , vol. 110, part 12 (July 1, 1964), p.
15661. See also “Resolution Amendment of Rule XXV15661. See also “Resolution Amendment of Rule XXV Standing Rules Standing Rules of the Senate Relative to the Jurisdiction of the of the Senate Relative to the Jurisdiction of the
Committee on Rules and Administration,”Committee on Rules and Administration,” Congressional Record, vol. 110, part 12 (July 1, 1964), p. 15661; and U.S. , vol. 110, part 12 (July 1, 1964), p. 15661; and U.S.
Congress, Senate Committee on RulesCongress, Senate Committee on Rules and Administration, and Administration, Am endingAmending Rule XXV of the Standing Rules of the Senate
Relative to the Jurisdiction of the Com m itteeCommittee on Rules and Adm inistration
Administration, report to accompany S.Res. 338, 88th Cong., , report to accompany S.Res. 338, 88th Cong.,
2nd sess.,2nd sess., S.Rept. 88-1147 (Washington: GPO, 1964). S.Rept. 88-1147 (Washington: GPO, 1964).
16 16 T heThe resolution had previously been passed resolution had previously been passed over when it wasover when it was called called up from the Senate calendar. “Bills and Joint up from the Senate calendar. “Bills and Joint
Resolution Passed Over,” Resolution Passed Over,” Congressional Record, vol. 110, part 12 (July 2, 1964), p. 15794. , vol. 110, part 12 (July 2, 1964), p. 15794.
17 Sen. John Cooper, “Amendment of Rules XXV17 Sen. John Cooper, “Amendment of Rules XXV Relating to Jurisdiction of Committee on RulesRelating to Jurisdiction of Committee on Rules and Administration,” and Administration,”
Senate debate, Senate debate, Congressional Record, vol. 110, part 13 (July 24, 1964), pp. 16929-16940. , vol. 110, part 13 (July 24, 1964), pp. 16929-16940.
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Senate Select Committee on Ethics: A Brief History of Its Evolution and Jurisdiction

thought the Senate should create a select committee instead of granting disciplinary authority to thought the Senate should create a select committee instead of granting disciplinary authority to
the Committee on Rules and Administration. the Committee on Rules and Administration.
First, in the event that an investigation into the affairs of a Member of the Senate or First, in the event that an investigation into the affairs of a Member of the Senate or an an
employeeemployee becomes becomes necessary,necessary, it is to giveit is to give assurance that the investigation would be
complete and, so far as possible, would be accepted by the Senate and b y the public assurance that the investigation would be complete and, so far as possible, would be accepted by the Senate and by the public as as
being complete. being complete.
Second—and this is important to all Members and to all employees of the Senate—it is to Second—and this is important to all Members and to all employees of the Senate—it is to
provide that an investigation,provide that an investigation, which could touch their rights and their offices aswhich could touch their rights and their offices as wel well as as
their honor, would be conducted by a select committee which by reason of its experience their honor, would be conducted by a select committee which by reason of its experience
and its judgment,and its judgment, would give assurance thatwould give assurance that their right andtheir right and honor honor would be would be ju stlyjustly
considered.18 considered.18
Senator Cooper’s amendment was adopted by a vote of 50 to 33.19 Subsequently, the Senate Senator Cooper’s amendment was adopted by a vote of 50 to 33.19 Subsequently, the Senate
agreed to S.Res. 338, as amended, to create a Select Committee on Standards and Conduct and agreed to S.Res. 338, as amended, to create a Select Committee on Standards and Conduct and
for the first time created a continuing internal disciplinary body.20for the first time created a continuing internal disciplinary body.20
Members of the Select Committee on Standards and Conduct were first appointed in July 1965, Members of the Select Committee on Standards and Conduct were first appointed in July 1965,
al owingallowing the Committee on Rules and Administration to complete the Baker investigation.21 In the Committee on Rules and Administration to complete the Baker investigation.21 In
October 1965, the committee elected a chair and vice chair,22 appointed its first staff, and began October 1965, the committee elected a chair and vice chair,22 appointed its first staff, and began
developing standards of conduct for the Senate.23 developing standards of conduct for the Senate.23
Select Committee on Ethics
On March 11, 1975, Senator Adlai Stevenson introduced S.Res. 109 to “establish a temporary On March 11, 1975, Senator Adlai Stevenson introduced S.Res. 109 to “establish a temporary
select committee to study the Senate committee system.”24 Agreed to in March 1976, the select committee to study the Senate committee system.”24 Agreed to in March 1976, the
temporary select committee held hearings in July and September.25 Among items considered was temporary select committee held hearings in July and September.25 Among items considered was
the combination of the Select Committee on Standards and Conduct and the Committee on Rules the combination of the Select Committee on Standards and Conduct and the Committee on Rules
and Administration. In a letter from Senator Howard Cannon, chair of the Select Committee on and Administration. In a letter from Senator Howard Cannon, chair of the Select Committee on
Standards, the ethics committee expressed opposition to this idea. In part, the letter read, Standards, the ethics committee expressed opposition to this idea. In part, the letter read,
The Select Committee on Standards and Conduct took note of the tentative decision of your The Select Committee on Standards and Conduct took note of the tentative decision of your
CommitteeCommittee to recommend the consolidation of this Committee with the Committee to recommend the consolidation of this Committee with the Committee on on
Rules and Administration. While we are mindful of the promised benefit of reducing the Rules and Administration. While we are mindful of the promised benefit of reducing the

18 Ibid., pp. 16929-16930. 18 Ibid., pp. 16929-16930.
19 Ibid., pp. 16938-16939. 19 Ibid., pp. 16938-16939.
20 Ibid., p. 16939. 20 Ibid., p. 16939.
21 “Announcement of the Appointment of the Select Committee on Standards and Conduct,”21 “Announcement of the Appointment of the Select Committee on Standards and Conduct,” Congressional Record, ,
vol. 111, part 12 (July 9, 1965), p. 16179. Senators John Stennis, Mike Monroney, Eugene McCarthy, Wallace Bennett, vol. 111, part 12 (July 9, 1965), p. 16179. Senators John Stennis, Mike Monroney, Eugene McCarthy, Wallace Bennett,
John Cooper, and James Pearson were appointed to the committee. John Cooper, and James Pearson were appointed to the committee.
22 Senator John Stennis was 22 Senator John Stennis was elected chair and Senator Wallace Bennett was elected vice-chair. Sen. Stephen Young, elected chair and Senator Wallace Bennett was elected vice-chair. Sen. Stephen Young,
““T heThe Senate Ethics Committee,” remarks in the Senate, Senate Ethics Committee,” remarks in the Senate, Congressional Record, vol. 112, part 12 (July 14, 1966), pp. , vol. 112, part 12 (July 14, 1966), pp.
15658-15659. 15658-15659.
23 U.S. 23 U.S. Congress, Senate Select Committee on Ethics, Congress, Senate Select Committee on Ethics, Senate Ethics Manual, 2003 Edition, 108th Cong., 1st sess., , 2003 Edition, 108th Cong., 1st sess.,
S.Pub.S.Pub. 108-1 (Washington: GPO, 2003), p. 10 (hereinafter, 108-1 (Washington: GPO, 2003), p. 10 (hereinafter, Senate Ethics Manual). ).
24 Sen. Adlai24 Sen. Adlai Stevenson, “Senate Resolution 109—SubmissionStevenson, “Senate Resolution 109—Submission of a Resolution to Establish a of a Resolution to Establish a T emporaryTemporary Select Select
Committee to Study the Senate Committee System,” Committee to Study the Senate Committee System,” Congressional Record, vol. 121, part 5 (March 11, 1975), pp. , vol. 121, part 5 (March 11, 1975), pp.
6031-6037. 6031-6037.
25 U.S. 25 U.S. Congress, Senate Congress, Senate T emporaryTemporary Select Committee to Study the Senate Committee System, Select Committee to Study the Senate Committee System, Senate Committee
System
, 94th Cong., 2nd sess., July, 94th Cong., 2nd sess., July 20-22, 1976 (Washington: GPO, 1976); and U.S. Congress,20-22, 1976 (Washington: GPO, 1976); and U.S. Congress, Senate Senate T emporaryTemporary Select Select
Committee to Study the Senate Committee System, Committee to Study the Senate Committee System, Senate Com m itteeCommittee System , Part 2, 94th Cong., 2nd sess.,, 94th Cong., 2nd sess., September September
14 and 15, 1976 (Washington: GPO, 1976). 14 and 15, 1976 (Washington: GPO, 1976).
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number of Committees which Senators must attend, we strongly believe that your decision number of Committees which Senators must attend, we strongly believe that your decision
would fatally damage any usefulness our Committee might have as well as to impugn any would fatally damage any usefulness our Committee might have as well as to impugn any
system of ethics in the Senate. system of ethics in the Senate.
By its very nature it is indispensable to an ethics committee of the Congress to be bipartisan By its very nature it is indispensable to an ethics committee of the Congress to be bipartisan
in membership, to conduct any worthy investigation without control of its budget by any in membership, to conduct any worthy investigation without control of its budget by any
other committee, to be served by a nonpartisan staff, to advice and counsel with Senators, other committee, to be served by a nonpartisan staff, to advice and counsel with Senators,
and to exercise prudent judgment in the conduct of its business. Consolidation of any ethics and to exercise prudent judgment in the conduct of its business. Consolidation of any ethics
committee with a more-normal typecommittee with a more-normal type of committee is likely to destroyof committee is likely to destroy all of these all of these
characteristics and to overwhelm any ethics identity. Unlike characteristics and to overwhelm any ethics identity. Unlike o therother committees, moreover, committees, moreover,
the Senate Committee on Standards and Conduct is mandated to directly assist the Senate the Senate Committee on Standards and Conduct is mandated to directly assist the Senate
in the discharge of a Constitutional responsibility.26 in the discharge of a Constitutional responsibility.26
Subsequently, the temporary select committee recommended that the functions of the Select Subsequently, the temporary select committee recommended that the functions of the Select
Committee on Standards and Conduct should be combined with the Committee on Rules and Committee on Standards and Conduct should be combined with the Committee on Rules and
Administration.27 Administration.27
While no further action was taken by the 94th Congress (1975-1976), the issue was readdressed While no further action was taken by the 94th Congress (1975-1976), the issue was readdressed
during the 95th Congress (1977-1978). In a report on S.Res. 4, a resolution to amend the Senate during the 95th Congress (1977-1978). In a report on S.Res. 4, a resolution to amend the Senate
committee system, the Committee on Rules and Administration rejected the idea of combining the committee system, the Committee on Rules and Administration rejected the idea of combining the
Committee on Standards with the Committee on Rules and Administration and instead Committee on Standards with the Committee on Rules and Administration and instead
recommended establishment of a newly constituted bipartisan ethics committee to demonstrate to recommended establishment of a newly constituted bipartisan ethics committee to demonstrate to
the public the “seriousness with which the Senate views congressional conduct.”28the public the “seriousness with which the Senate views congressional conduct.”28
In February 1977, the Senate agreed to S.Res. 4 and created the permanent Select Committee on In February 1977, the Senate agreed to S.Res. 4 and created the permanent Select Committee on
Ethics to replace the Select Committee on Standards and Conduct.29 Ethics to replace the Select Committee on Standards and Conduct.29 Initial yInitially, membership on the , membership on the
new select committee was limited to six years. In the 96th Congress (1979-1980), the Senate new select committee was limited to six years. In the 96th Congress (1979-1980), the Senate
adopted S.Res. 271, and removed the six-year service limitation.30 adopted S.Res. 271, and removed the six-year service limitation.30
Senate Code of Conduct
In the 1940s, public criticism regarding potential conflicts of interest by Members of Congress In the 1940s, public criticism regarding potential conflicts of interest by Members of Congress
supplementing their income from speeches and outside activities led to concern over the lack of supplementing their income from speeches and outside activities led to concern over the lack of
disclosure of Members’ finances.31 In 1946, Senator Wayne Morse introduced the first public disclosure of Members’ finances.31 In 1946, Senator Wayne Morse introduced the first public
financial disclosure legislation to require annual, public financial disclosure reports by Senators financial disclosure legislation to require annual, public financial disclosure reports by Senators
(S.Res. 306).32 In remarks on the introduction of the resolution, Senator Morse defended (S.Res. 306).32 In remarks on the introduction of the resolution, Senator Morse defended
Members’ right to earn outside income, but believed that the American people were entitled to Members’ right to earn outside income, but believed that the American people were entitled to

26 U.S. Congress, Senate T emporary 26 U.S. Congress, Senate Temporary Select Committee to Study the Senate Committee System, Select Committee to Study the Senate Committee System, Senate Committee
System , Part 2
, hearing, 94th Cong., 2nd sess.,, hearing, 94th Cong., 2nd sess., September 14-15, 1976 (Washington: GPO, 1976), pp. 159-160. September 14-15, 1976 (Washington: GPO, 1976), pp. 159-160.
27 U.S. 27 U.S. Congress, Senate Congress, Senate T emporaryTemporary Select Committee to Study the Senate Committee System, Select Committee to Study the Senate Committee System, First Report with
Recom m endationRecommendation, Structure of the Senate Com m itteeCommittee System : Jurisdictions, Num bersNumbers and Sizes, and Lim i tations on
Mem bership and Chairm anshipsLimitations on Membership and Chairmanships, Referral Procedures, and Scheduling
, 94th Cong., 2nd sess., November 15, 1976, , 94th Cong., 2nd sess., November 15, 1976,
S.Rept. 94-1395 (Washington: GPO, 1976), pp. 95S.Rept. 94-1395 (Washington: GPO, 1976), pp. 95 -96. -96.
28 U.S. 28 U.S. Congress, Senate RulesCongress, Senate Rules and Administration Committee, and Administration Committee, Committee System Reorganization Amendments of
1977
, report to accompany S.Res. 4, 95th Cong., 1st sess.,, report to accompany S.Res. 4, 95th Cong., 1st sess., S.Rept. 95-2 (Washington: GPO, 1977), pp. 4-5. S.Rept. 95-2 (Washington: GPO, 1977), pp. 4-5.
29 “Senate Committee Reorganization,” 29 “Senate Committee Reorganization,” Congressional Record, vol. 123, part 3 (February 1, 1977), p. 2886. , vol. 123, part 3 (February 1, 1977), p. 2886.
30 “Elimination of Certain Requirements for Membership on the Select Committee on Ethics,” 30 “Elimination of Certain Requirements for Membership on the Select Committee on Ethics,” Congressional Record, ,
vol. 125, part 23 (vol. 125, part 23 (Oct oberOctober 31, 1979), p. 30266. 31, 1979), p. 30266.
31 For example, see Joseph S. Clark, “Some Ethical Problems of Congress,” 31 For example, see Joseph S. Clark, “Some Ethical Problems of Congress,” Annals of the American Academy of
Political and Social Science, Ethics in Am erica: Norm sAmerica: Norms and Deviations
, vol. 363 (January 1966), pp. 12-22. , vol. 363 (January 1966), pp. 12-22.
32 Sen. Wayne Morse, “Reports by Senators on Sources 32 Sen. Wayne Morse, “Reports by Senators on Sources of Outsideof Outside Income,” remarks in the Senate, Income,” remarks in the Senate, Congressional
Record
, vol. 92, part 8 (July 23, 1946), p. 9741. , vol. 92, part 8 (July 23, 1946), p. 9741.
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know about alternate income sources. Commenting on the resolution’s purpose, Senator Morse know about alternate income sources. Commenting on the resolution’s purpose, Senator Morse
stated,
I may say that my resolution is bottomed upon the very sound philosophical stated, I may say that my resolution is bottomed upon the very sound philosophical principle principle
enunciated by Plutarch that Caesar’s wife must be above suspicion. Likewise, I feel that, enunciated by Plutarch that Caesar’s wife must be above suspicion. Likewise, I feel that,
so far as the public’s evaluation of Members of the Senate is concerned, they must be above so far as the public’s evaluation of Members of the Senate is concerned, they must be above
suspicion. Hence, I think my resolution which calls for the filing with the Secretary of the suspicion. Hence, I think my resolution which calls for the filing with the Secretary of the
Senate of all sources and amounts of senatorial income is in keeping with the public’s right Senate of all sources and amounts of senatorial income is in keeping with the public’s right
to know what influences may possibly be brought to bear upon Members of the Senate in to know what influences may possibly be brought to bear upon Members of the Senate in
the performance of their legislative duties.33 the performance of their legislative duties.33
No action was taken on Senator Morse’s proposal. No action was taken on Senator Morse’s proposal.
In 1958, Congress established the first Code of Ethics for Government Service (Code of Ethics).34 In 1958, Congress established the first Code of Ethics for Government Service (Code of Ethics).34
Initial y Initially proposed in 1951 by Representative Charles Bennett, the Code of Ethics was adopted proposed in 1951 by Representative Charles Bennett, the Code of Ethics was adopted
following a House investigation of presidential chief of staff Sherman Adams, who was following a House investigation of presidential chief of staff Sherman Adams, who was al egedalleged to to
have received gifts from an industrialist being investigated by the Federal Trade Commission.35 have received gifts from an industrialist being investigated by the Federal Trade Commission.35
The Code of Ethics for Government Service standards continue to be recognized as ethical The Code of Ethics for Government Service standards continue to be recognized as ethical
guidance in the House and Senate. The Code of Ethics is not guidance in the House and Senate. The Code of Ethics is not legal y legally binding, however, because it binding, however, because it
was adopted by congressional resolution, not by law.36 was adopted by congressional resolution, not by law.36
In October 1965, as one of its first actions, the Select Committee on Standards and Conduct In October 1965, as one of its first actions, the Select Committee on Standards and Conduct
recommended rules of conduct for Members, officers, and employees of the Senate.37 In March recommended rules of conduct for Members, officers, and employees of the Senate.37 In March
1968, the Select Committee on Standards and Conduct reported a resolution (S.Res. 266) making 1968, the Select Committee on Standards and Conduct reported a resolution (S.Res. 266) making
four additions to the Standing Rules of the Senate.38 After several days of debate, the Senate four additions to the Standing Rules of the Senate.38 After several days of debate, the Senate

33 U.S. 33 U.S. Congress, Senate Committee on Rules and Administration, Congress, Senate Committee on Rules and Administration, Financial or Business Interests of Officers or
Em ployees or Employees of the Senate
, hearings pursuant to S.Res., hearings pursuant to S.Res. 212, part 23, 88th Cong., 1st and 2nd sess., May 27, 1964 212, part 23, 88th Cong., 1st and 2nd sess., May 27, 1964
(Washington: GPO, 1964), pp. 2021-2027. Senator Morse continued to introduce versions of a financial disclosure (Washington: GPO, 1964), pp. 2021-2027. Senator Morse continued to introduce versions of a financial disclosure
resolution through the 1960s. Ultimately, Senator Morse attempted to expand disclosure requirements to all three resolution through the 1960s. Ultimately, Senator Morse attempted to expand disclosure requirements to all three
branches of government. branches of government.
34 72 Stat. B12, H.Con.Res. 175, July 11, 1958. See 34 72 Stat. B12, H.Con.Res. 175, July 11, 1958. See also “also “ Code of Ethics For Government Service,” Code of Ethics For Government Service,” Congressional
Record
, vol. 103, part 12 (August 28, 1957), p. 16297; and “, vol. 103, part 12 (August 28, 1957), p. 16297; and “ Code of Ethics For Government Service,” Code of Ethics For Government Service,” Congressional
Record
, vol. 104, part 10 (July 11, 1958), p. 13556. , vol. 104, part 10 (July 11, 1958), p. 13556.
35 Rep. Charles Bennett, “ 35 Rep. Charles Bennett, “ Code of Ethics for Government Service,” remarks in the House, Code of Ethics for Government Service,” remarks in the House, Congressional Record, vol. , vol.
97, part 5 (June 26, 1951), pp. 7176-7178; and 97, part 5 (June 26, 1951), pp. 7176-7178; and t estimonytestimony of Rep. Charles Bennett, in U.S. Congress, of Rep. Charles Bennett, in U.S. Congress, House House Committee Committee
on Post Office and Civil Service,on Post Office and Civil Service, Code of Ethics For Governm entGovernment Service, hearings, 84th Cong., 2nd sess., March 29, , hearings, 84th Cong., 2nd sess., March 29,
1956 (Washington: GPO, 1956), pp. 31956 (Washington: GPO, 1956), pp. 3 -5. -5.
36 Because 36 Because the code wasthe code was adopted byadopted by concurrent resolution rather than statute, it does not have the force of law and concurrent resolution rather than statute, it does not have the force of law and
technically expired at the end of the Congresstechnically expired at the end of the Congress adopting it. adopting it. T heThe Code of Ethics for Government Service, however, is Code of Ethics for Government Service, however, is
cited by many House and Senate investigations. For example, see U.S.cited by many House and Senate investigations. For example, see U.S. Congress,Congress, House Committee on Standards of House Committee on Standards of
Official Conduct, Official Conduct, Investigation of Certain Allegations Related to Voting on the Medicare Prescription Drug,
Im provem entImprovement, and Modernization Act of 2003
, report, 108th Cong., 2nd sess., H.Rept. 108-722 (Washington: GPO, , report, 108th Cong., 2nd sess., H.Rept. 108-722 (Washington: GPO,
2004), p. 38; and U. S.2004), p. 38; and U. S. Congress, Senate SelectCongress, Senate Select Committee on Ethics, Committee on Ethics, Korean Influence Investigation, report, 95th , report, 95th
Cong., 2nd sess., S.Cong., 2nd sess., S. Rept. 95-1314 (Washington: GPO, 1975), pp. 5Rept. 95-1314 (Washington: GPO, 1975), pp. 5 -6. -6.
37 Work on the first code of conduct began37 Work on the first code of conduct began in 1965 and wasin 1965 and was interrupted by several disciplinary cases,interrupted by several disciplinary cases, one of the cases one of the cases
resulted in the June 1967 censure of a Senator for the conversion of campaign funds to personal useresulted in the June 1967 censure of a Senator for the conversion of campaign funds to personal use . For more . For more
information, see U.S. Congress, Senate Select Committee on Standards and Conduct,information, see U.S. Congress, Senate Select Committee on Standards and Conduct, Standards of Conduct for
Mem bersMembers of the Senate, Officers and Em ployeesEmployees of the Senate
, report to accompany S.Res. 266, 90th Cong., 2nd sess., , report to accompany S.Res. 266, 90th Cong., 2nd sess.,
S.Rept. 90-1015 (Washington: GPO, 1968), p. 3; and “S.Rept. 90-1015 (Washington: GPO, 1968), p. 3; and “ Seating and Disciplining Members,” inSeating and Disciplining Members,” in Guide to Congress, 5th 5th
ed., vol. II (Washington: Congressional Quarterly, 2000), pp. 930ed., vol. II (Washington: Congressional Quarterly, 2000), pp. 930 -931. -931.
38 U.S. 38 U.S. Congress, Senate Select Committee on Standards and Conduct, Congress, Senate Select Committee on Standards and Conduct, Standards of Conduct for Members of the
Senate, Officers and Em ployees and Employees of the Senate
, report to accompany S.Res. 266, 90th Cong., 2nd sess., S.Rept. 90-1015 , report to accompany S.Res. 266, 90th Cong., 2nd sess., S.Rept. 90-1015
(Washington: GPO, 1968). (Washington: GPO, 1968).
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adopted a new code of conduct.39 The four areas covered by the new code of conduct were (1) adopted a new code of conduct.39 The four areas covered by the new code of conduct were (1)
outside employment of officers and employees, (2) raising and permissible uses of campaign outside employment of officers and employees, (2) raising and permissible uses of campaign
funds, (3) political fund-raising activities of Senate staff, and (4) annual financial disclosures by funds, (3) political fund-raising activities of Senate staff, and (4) annual financial disclosures by
senatorial candidates as senatorial candidates as wel well as Members, officers, and designated employees of the Senate.40 as Members, officers, and designated employees of the Senate.40
Formal Code of Conduct
Following the Watergate scandal in the Nixon Administration, reforms “such as electoral changes, Following the Watergate scandal in the Nixon Administration, reforms “such as electoral changes,
designed to prevent the recurrence of the Watergate type of offense” were initiated in the designed to prevent the recurrence of the Watergate type of offense” were initiated in the
executive branch.41 Subsequently, the Senate began to examine their own activities and executive branch.41 Subsequently, the Senate began to examine their own activities and
behavior.42 On January 18, 1977, Senate Majority Leader Robert Byrd and Minority Leader behavior.42 On January 18, 1977, Senate Majority Leader Robert Byrd and Minority Leader
Howard Baker jointly introduced S.Res. 36, to establish a temporary Select Committee on Howard Baker jointly introduced S.Res. 36, to establish a temporary Select Committee on
Official Conduct.43 As part of a larger discussion on raising salaries for Official Conduct.43 As part of a larger discussion on raising salaries for al all federal employees, federal employees,
Senator Baker expressed his belief that establishing a formal code of conduct was an essential Senator Baker expressed his belief that establishing a formal code of conduct was an essential
piece of raising government salaries. piece of raising government salaries.
The increase in compensation for Members of Congress will, no doubt, be considered and The increase in compensation for Members of Congress will, no doubt, be considered and
voted upon in the very near future. It is imperative, therefore, that prompt attention be given voted upon in the very near future. It is imperative, therefore, that prompt attention be given
to questions relating to ethical conduct and financial disclosure. to questions relating to ethical conduct and financial disclosure.
For this For this reason, the distinguished majority leader and I have agreed to propose reason, the distinguished majority leader and I have agreed to propose the the
establishment of an ad hoc committee to study all questions relating to a Senate code of establishment of an ad hoc committee to study all questions relating to a Senate code of
conduct. The committee will have 15 members, including a chairman and vice chairman, conduct. The committee will have 15 members, including a chairman and vice chairman,
ofof which eight will be of the majority party and seven of the minority party. It will be
instructed to study all matters relating to the standards and conduct of Members of which eight will be of the majority party and seven of the minority party. It will be instructed to study all matters relating to the standards and conduct of Members of the the
Senate and to make its report and recommendations no later than March 1. Senate and to make its report and recommendations no later than March 1.
In In this this manner,manner, Mr. President, I believe that the Senate can proceed to adoption of an
equitable code of conduct as quickly as possible and with the benefit of the ad hoc
Mr. President, I believe that the Senate can proceed to adoption of an equitable code of conduct as quickly as possible and with the benefit of the ad hoc committee’s report.44 committee’s report.44
S.Res. 36 was adopted by unanimous consent. S.Res. 36 was adopted by unanimous consent.
The Select Committee on Official Conduct held hearings in February 197745 and issued a final The Select Committee on Official Conduct held hearings in February 197745 and issued a final
report on March 10.46 The Select Committee reported a resolution (S.Res. 110) to amend the report on March 10.46 The Select Committee reported a resolution (S.Res. 110) to amend the
Code of Conduct and propose additions to the Standing Rules of the Senate (then numbered XLII Code of Conduct and propose additions to the Standing Rules of the Senate (then numbered XLII

to L), which would become the Code of Official Conduct. The proposed rules changes included 39 “Senatorial Standards of Conduct39 “Senatorial Standards of Conduct ,” remarks in the Senate, ,” Congressional Record, vol. 114, part 6 (March 19, 1968), , vol. 114, part 6 (March 19, 1968),
pp. 6941-6943 and 6948-6960; “pp. 6941-6943 and 6948-6960; “ Standards of Conduct,” Standards of Conduct,” Congressional Record, vol. 114, part 6 (March 20, 1968), pp. , vol. 114, part 6 (March 20, 1968), pp.
7129-7134 and 7137-7154; “7129-7134 and 7137-7154; “ Standards of Conduct,” Standards of Conduct,” Congressional Record, vol. 114, part 6 (March 21, 1968), pp. , vol. 114, part 6 (March 21, 1968), pp.
7249-7279; and 7249-7279; and Standards of Conduct,” Standards of Conduct,” Congressional Record, vol. 114, part 6 (March 22, 1968), pp. 7369-7383 and , vol. 114, part 6 (March 22, 1968), pp. 7369-7383 and
7388-7408. 7388-7408.
40 40 Senate Ethics Manual, p. 124. , p. 124.
41 Leroy N. Rieselbach,41 Leroy N. Rieselbach, “In the Wake of Watergate: Congressional Reform?,” “In the Wake of Watergate: Congressional Reform?,” The Review of Politics, vol. 36, no. 3 , vol. 36, no. 3
(July 1974), pp. 371-372. (July 1974), pp. 371-372.
42 42 Ibid.,Rieselbach, “In the Wake of Watergate: Congressional Reform?,” p. 391. p. 391.
43 “Establishment of Special Committee to Propose a Code of Conduct,” 43 “Establishment of Special Committee to Propose a Code of Conduct,” Congressional Record, vol. 123, part 2 , vol. 123, part 2
(January 18, 1977), pp. 1361-1363. (January 18, 1977), pp. 1361-1363.
44 Sen. Howard44 Sen. Howard Baker, “Establishment of Special Committee to Propose a Code of Conduct,” remarks in the Senate, Baker, “Establishment of Special Committee to Propose a Code of Conduct,” remarks in the Senate,
Congressional Record, vol. 123, part 2 (January 18, 1977), p. 1362. , vol. 123, part 2 (January 18, 1977), p. 1362.
45 U.S. 45 U.S. Congress, Senate SpecialCongress, Senate Special Committee on Official Conduct, Committee on Official Conduct, Senate Code of Conduct, hearing on S.Res., hearing on S.Res. 36, 95th 36, 95th
Cong., 1st sess.,Cong., 1st sess., February 1 and 2, 1977 (Washington: GPO, 1977). February 1 and 2, 1977 (Washington: GPO, 1977).
46 U.S. 46 U.S. Congress, Senate SpecialCongress, Senate Special Committee on Official Conduct, Committee on Official Conduct, Senate Code of Official Conduct, report to , report to
accompany S.Res.accompany S.Res. 110, 95th Cong., 1st sess.,110, 95th Cong., 1st sess., S.Rept. 95-49 (Washington: GPO, 1977). S.Rept. 95-49 (Washington: GPO, 1977).
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to L), which would become the Code of Official Conduct. The proposed rules changes included
the first public financial disclosure requirements for Senators and officers and employees of the the first public financial disclosure requirements for Senators and officers and employees of the
Senate; limits on gifts, outside earnings, and the use of the frank;47 and prohibited unofficial Senate; limits on gifts, outside earnings, and the use of the frank;47 and prohibited unofficial
office accounts and lame-duck foreign travel. There was also a provision prohibiting office accounts and lame-duck foreign travel. There was also a provision prohibiting
discrimination in staff employment.48 discrimination in staff employment.48
On AprilOn April 1, 1977, S.Res. 110 was agreed to and the Select Committee recommendations were 1, 1977, S.Res. 110 was agreed to and the Select Committee recommendations were
adopted.49 adopted.49
In 2007, pursuant to the Honest Leadership and Open Government Act, several sections of the In 2007, pursuant to the Honest Leadership and Open Government Act, several sections of the
Senate Code of Official Conduct were amended.50 These included placing restrictions on former Senate Code of Official Conduct were amended.50 These included placing restrictions on former
Senators and senior staff who become Senators and senior staff who become federal yfederally registered lobbyists;51 requiring disclosure by registered lobbyists;51 requiring disclosure by
Senators and staff of post-employment job negotiations; implementing protections against Senators and staff of post-employment job negotiations; implementing protections against
Senators from influencing hiring decisions based on political affiliation;Senators from influencing hiring decisions based on political affiliation; and amending the Senate and amending the Senate
gift rules.52 gift rules.52
Current Code of Official Conduct
The current Senate Code of Official Conduct can be found in Rules 34 through 43 of the Standing The current Senate Code of Official Conduct can be found in Rules 34 through 43 of the Standing
Rules of the Senate.53 Rules of the Senate.53 Additional y, Additionally, federal statutes contain numerous provisions which prohibit federal statutes contain numerous provisions which prohibit
or restrict certain activities by Members and employees. Discussion of the prohibitions and or restrict certain activities by Members and employees. Discussion of the prohibitions and
restrictions pursuant to federal law are included in the restrictions pursuant to federal law are included in the Senate Ethics Manual. Table 1 provides a provides a
list of Standing Rules of the Senate that are included in the Code of Official Conduct. list of Standing Rules of the Senate that are included in the Code of Official Conduct.

47 For more information on the congressional franking privilege, see CRS In Focus IF10489, Congressional Franked
Mail: Overview
, by William T . Egar.
48 U.S. Congress, Senate Special Table 1. Standing Rules of the Senate Included in the Code of Official Conduct Rule Description Rule XXXIV Public Financial Disclosurea Rule XXXV Gifts Rule XXXVI Outside Earned Income Rule XXXVII Conflict of Interest Rule XXXVIII Official Accounts 47 For more information on the congressional franking privilege, see U.S. Congress, Senate Select Committee on Ethics, “Franking, Mass Mailing, and Letterhead,” at https://www.ethics.senate.gov/public/index.cfm/franking. 48 U.S. Congress, Senate Special Committee on Official Conduct, Committee on Official Conduct, Senate Code of Official Conduct, report to , report to
accompany S.Res.accompany S.Res. 110, 95th Cong., 1st sess.,110, 95th Cong., 1st sess., S.ReptS.Rept . 95-49 (Washington: GPO, 1977), pp. 2-3. Title II of S.Res. 110 . 95-49 (Washington: GPO, 1977), pp. 2-3. Title II of S.Res. 110
created procedures for the Select Committee on Ethics. created procedures for the Select Committee on Ethics. T itleTitle III recommended that III recommended that the Senate Committee on Rules and the Senate Committee on Rules and
Administration, the Senate Committee on Appropriations, the Senate Committee on Finance, the Senate Committee on Administration, the Senate Committee on Appropriations, the Senate Committee on Finance, the Senate Committee on
Foreign Relations, and the Senate Committee on Governmental Affairs conduct studiesForeign Relations, and the Senate Committee on Governmental Affairs conduct studies addressing issues identi fied addressing issues identified by by
the Select Committee, but that the committee did not have time to address. “the Select Committee, but that the committee did not have time to address. “ For example, in the course of studyingFor example, in the course of studying the the
useuse of “unofficial office accounts” and the resulting problems, the Committee concluded that the uses of such accounts of “unofficial office accounts” and the resulting problems, the Committee concluded that the uses of such accounts
werewere closely tied to relatively narrow restrictions on permissible usesclosely tied to relatively narrow restrictions on permissible uses of official allowances. For that reason, the of official allowances. For that reason, the
Committee is recommending that the Committees on Rules and Appropriations study the adequacy and permissible Committee is recommending that the Committees on Rules and Appropriations study the adequacy and permissible
usesuses of official allowances andof official allowances and report report t heirtheir recommendations to the Senate.” recommendations to the Senate.”
49 “Official Conduct Amendments of 1977,” 49 “Official Conduct Amendments of 1977,” Congressional Record, vol. 123, part 8 (April 1, 1977), pp. 10044-10068. , vol. 123, part 8 (April 1, 1977), pp. 10044-10068.
50 P.L. 110-81, 121 Stat. 73550 P.L. 110-81, 121 Stat. 735, September 14, 2007 (2007). .
51 For more information on post51 For more information on post -employment restrictions, see CRS-employment restrictions, see CRS Report R44292, Report R44292, The Lobbying Disclosure Act at 20:
Analysis and Issues for Congress
, by Jacob R., by Jacob R. Straus. Straus.
52 For more information on Senate gift rules, see U.S. 52 For more information on Senate gift rules, see U.S. Congress, Senate, Select Committee on Ethics, “Gifts,” at Congress, Senate, Select Committee on Ethics, “Gifts,” at
https://www.ethics.senate.gov/public/index.cfm/gifts. https://www.ethics.senate.gov/public/index.cfm/gifts.
53 U.S. 53 U.S. Congress, Senate, Congress, Senate, Senate Manual Containing the Standing Rules, Orders, Laws, and Resolutions Affecting the
Business of the United States Senate
, 116th Cong., 2nd sess.,, 116th Cong., 2nd sess., S.Doc. 116-1 (Washington, GPO, 2020), §§34-43, pp. 60-S.Doc. 116-1 (Washington, GPO, 2020), §§34-43, pp. 60-
90 (hereinafter, 90 (hereinafter, Senate Manual). ).
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Table 1. Standing Rules of the Senate Included in the Code of Official Conduct
Rule
Description
Rule XXXIV
Public Financial Disclosure
Rule XXXV
Gifts
Rule XXXVI
Outside Earned Income
Rule XXXVII
Conflict of Interest
Rule XXXVIII
Official AccountsRule Description
Rule XXXIX Rule XXXIX
Foreign Travel Foreign Travel
Rule XL Rule XL
Franking Privilege, Franking Privilege, Radio, and T.V. Radio, and T.V.
Rule XLI Rule XLI
Political Fund Activity Political Fund Activity
Rule XLII Rule XLII
Equal Employment Opportunity Equal Employment Opportunity
Rule XLIII Rule XLIII
Representation by Members Representation by Members
Source: U.S. Congress,U.S. Congress, Senate CommitteeSenate Committee on Rules and Administration,on Rules and Administration, United States Senate Handbook, 111th , 111th
Congress,Congress, 2nd session,2nd session, October 30, 2010, pp. I-14. Text of the Standing Rules of the Senate is contained in the October 30, 2010, pp. I-14. Text of the Standing Rules of the Senate is contained in the
Senate Manual,, §§34-43, pp. 60-90. Note: a. Rule XXXIV deems Title I of the Ethics in Government Act as a rule of the Senate. The Ethics in Government Act establishes requirements for covered officials, including Senators, Senate officers, and certain employees of the Senate to file annual financial disclosure statements with the Senate Select Committee on Ethics. For more general information on financial disclosure, see CRS Report R47320, Financial Disclosure in the U.S. Government: Frequently Asked Questions, by Jacob R. Straus; and U.S. Congress, Senate Select Committee on Ethics, “Financial Disclosure,” at https://www.ethics.senate.gov/public/index.cfm/financialdisclosure. §§34-43, pp. 60-90.
Jurisdiction
Pursuant to S.Res. 338 (88th Congress), the Select Committee on Standards and Conduct was Pursuant to S.Res. 338 (88th Congress), the Select Committee on Standards and Conduct was
given the authority to (1) investigate given the authority to (1) investigate al egationsallegations of improper conduct which may reflect upon the of improper conduct which may reflect upon the
Senate; (2) investigate violations of laws, rules, and regulations of the Senate relating to the Senate; (2) investigate violations of laws, rules, and regulations of the Senate relating to the
conduct of Members, officers, and employees in their official duties; (3) recommend disciplinary conduct of Members, officers, and employees in their official duties; (3) recommend disciplinary
action, when appropriate; and (4) recommend additional Senate rules to insure proper conduct.54 action, when appropriate; and (4) recommend additional Senate rules to insure proper conduct.54
Following the creation of the Select Committee on Ethics, the Senate adopted S.Res. 110 (95th Following the creation of the Select Committee on Ethics, the Senate adopted S.Res. 110 (95th
Congress) and transferred the jurisdiction of the former Select Committee on Standards and Congress) and transferred the jurisdiction of the former Select Committee on Standards and
Conduct and made the new committee responsible for enforcing and interpreting the Senate Code Conduct and made the new committee responsible for enforcing and interpreting the Senate Code
of Official Conduct.55 of Official Conduct.55
Additions to Jurisdiction
Since 1973, several additions have been made to the Select Committee on Ethics’ jurisdiction. Since 1973, several additions have been made to the Select Committee on Ethics’ jurisdiction.
The additions have included use of the frank, disclosure of The additions have included use of the frank, disclosure of intel igenceintelligence material, acceptance of material, acceptance of
foreign gifts, administration of public financial disclosure forms, and enforcement of fair foreign gifts, administration of public financial disclosure forms, and enforcement of fair
employment practices. employment practices.

54 S.Res. 54 S.Res. 338 (88th Congress), adopted on July338 (88th Congress), adopted on July 24, 1964. See “Proposed Amendment of Rule XXV24, 1964. See “Proposed Amendment of Rule XXV of the Standing of the Standing
RulesRules of the Senate Relative to the Jurisdiction of the Committee on Rules and Administration,” of the Senate Relative to the Jurisdiction of the Committee on Rules and Administration,” Congressional Record, ,
vol. 110, part 13 (July 24, 1964), pp. 16929-16940; and vol. 110, part 13 (July 24, 1964), pp. 16929-16940; and Senate Manual, §§77-80, pp. 128-137. , §§77-80, pp. 128-137.
55 U.S. 55 U.S. Congress, Senate RulesCongress, Senate Rules and Administration Committee, and Administration Committee, Committee System Reorganization Amendments of
1977
, report to accompany S.Res. 4, 95th Cong., 1st sess.,, report to accompany S.Res. 4, 95th Cong., 1st sess., S.Rept. 95-1 (Washington: GPO, 1977), pp. 4-5; and “S.Rept. 95-1 (Washington: GPO, 1977), pp. 4-5; and “ Official Official
Conduct Amendments of 1977,” Conduct Amendments of 1977,” Congressional Record, vol. 123, part 8 (April 1, 1977), pp. 10044-10068. , vol. 123, part 8 (April 1, 1977), pp. 10044-10068.
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Franking Privilege
In 1973, Congress passed legislation (P.L. 93-191) clarifying the proper use of the franking In 1973, Congress passed legislation (P.L. 93-191) clarifying the proper use of the franking
privilege by Members of Congress and authorizing the Select Committee on Standards and privilege by Members of Congress and authorizing the Select Committee on Standards and
Conduct to provide assistance and counsel to Senators and staff on the use of the frank.56 Conduct to provide assistance and counsel to Senators and staff on the use of the frank.56
Intelligence Information Disclosure
When the Senate Select Committee on When the Senate Select Committee on Intel igenceIntelligence was created in 1976, the Ethics Committee was created in 1976, the Ethics Committee
was given specific jurisdiction to investigate any unauthorized disclosure of was given specific jurisdiction to investigate any unauthorized disclosure of intel igenceintelligence
information by a Senator, officer, or employee of the Senate and to report to the Senate on any information by a Senator, officer, or employee of the Senate and to report to the Senate on any
substantiated substantiated al egationallegation.57 .57
Acceptance of Foreign Gifts
In August 1977, following the enactment of P.L. 95-105 (FY1978 Foreign Relations In August 1977, following the enactment of P.L. 95-105 (FY1978 Foreign Relations
Authorization Act), which amended the Foreign Gifts and Decorations Act of 1966, the Select Authorization Act), which amended the Foreign Gifts and Decorations Act of 1966, the Select
Committee on Ethics was designated the “employing agency” for the Senate and was authorized Committee on Ethics was designated the “employing agency” for the Senate and was authorized
to issue regulations governing the acceptance by Senators and staff of gifts, trips, and decorations to issue regulations governing the acceptance by Senators and staff of gifts, trips, and decorations
from foreign governments.58 from foreign governments.58
Public Financial Disclosure Forms
In August 1979, the Select Committee on Ethics was given responsibility for administering the In August 1979, the Select Committee on Ethics was given responsibility for administering the
Senate public financial disclosure requirements contained in the Ethics in Government Act of Senate public financial disclosure requirements contained in the Ethics in Government Act of
1978.59 Pursuant to amendments in the Ethics Reform Act of 1989, the Ethics Committee was 1978.59 Pursuant to amendments in the Ethics Reform Act of 1989, the Ethics Committee was
named as the “supervising ethics office” for laws governing gifts to federal employees60 and gifts named as the “supervising ethics office” for laws governing gifts to federal employees60 and gifts
by employees to their supervisors.61 by employees to their supervisors.61
Fair Employment Practices
In 1991, Title III (Government Employee Rights Act of 1991) of the Civil Rights Act of 1991 In 1991, Title III (Government Employee Rights Act of 1991) of the Civil Rights Act of 1991
established the Senate Office of Fair Employment Practices. The Office of Fair Employment established the Senate Office of Fair Employment Practices. The Office of Fair Employment
Practices was designed to adjudicate discrimination complaints and gave the Select Committee on Practices was designed to adjudicate discrimination complaints and gave the Select Committee on
Ethics jurisdiction to review, upon request, decisions of the office.62 In 1995, authority to review Ethics jurisdiction to review, upon request, decisions of the office.62 In 1995, authority to review
discrimination cases was transferred to the Office of Congressional Workplace Rights (formerly discrimination cases was transferred to the Office of Congressional Workplace Rights (formerly

56 P.L. 93-191; 87 Stat. 73756 P.L. 93-191; 87 Stat. 737, December 18, 1973 (1973). For more information on the Franking Privilege, see U.S. Congress, . For more information on the Franking Privilege, see U.S. Congress,
Senate,Senate Select Committee on Ethics, “Franking, Mass Mailing, and Letterhead,” at https://www.ethics.senate.gov/ Select Committee on Ethics, “Franking, Mass Mailing, and Letterhead,” at https://www.ethics.senate.gov/
public/index.cfm/franking. public/index.cfm/franking.
57 “Proposed Standing Committee on Intelligence Activities,” 57 “Proposed Standing Committee on Intelligence Activities,” Congressional Record, vol. 122, part 11 (May 13, 1976), , vol. 122, part 11 (May 13, 1976),
p. 13992. p. 13992.
58 P.L. 95-105; 91 Stat. 863 58 P.L. 95-105; 91 Stat. 863, August 17, 1977 (1977). For more information on the acceptance of foreign gifts, see U.S. . For more information on the acceptance of foreign gifts, see U.S.
Congress, Senate, Select Committee on Ethics, “Gifts,” at https://www.ethics.senate.gov/public/index.cfm/gifts. Congress, Senate, Select Committee on Ethics, “Gifts,” at https://www.ethics.senate.gov/public/index.cfm/gifts.
59 5 U.S.C.59 5 U.S.C. app. §§101-111 §§13101-13111. For more information on financial disclosure, see. For more information on financial disclosure, see U.S. Congress,U.S. Congress, Senate, Senate Select Select Committee Committee
on Ethics, “Financial Disclosure,” at https://www.ethics.senate.gov/public/index.cfm/financialdisclosure.on Ethics, “Financial Disclosure,” at https://www.ethics.senate.gov/public/index.cfm/financialdisclosure.
60 5 U.S.C.60 5 U.S.C. §7353. §7353.
61 5 U.S.C.61 5 U.S.C. §7351. §7351.
62 P.L. 102-166; 105 Stat. 1088-109262 P.L. 102-166; 105 Stat. 1088-1092, November 21, 1991 (1991); and “Civil Rights Act of 1991,” ; and “Civil Rights Act of 1991,” Congressional Record, vol. , vol.
137, part 20 (October 30, 1991), pp. 29018-29020. 137, part 20 (October 30, 1991), pp. 29018-29020.
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the Office of Compliance) with the passage of the Congressional Accountability Act (CAA).63 the Office of Compliance) with the passage of the Congressional Accountability Act (CAA).63
The Ethics Committee continues to have jurisdiction over disciplinary cases that could result The Ethics Committee continues to have jurisdiction over disciplinary cases that could result
from an Office of Compliance investigation under Senate Rule 42.64 from an Office of Compliance investigation under Senate Rule 42.64
Insider Trading and Financial Disclosure
On April On April 4, 2012, 4, 2012, Congress passed the STOCK Act (Stop Trading on Congressional Knowledge the STOCK Act (Stop Trading on Congressional Knowledge Act) to Act) was passed to
affirm that no exemption exists from “insider trading” laws and regulations for Members of affirm that no exemption exists from “insider trading” laws and regulations for Members of
Congress and congressional employees.65 Pursuant to the act, the Senate Select Committee on Congress and congressional employees.65 Pursuant to the act, the Senate Select Committee on
Ethics is required toEthics is required to
issue interpretive guidance of the relevant rules of each chamber, including rules issue interpretive guidance of the relevant rules ... [for the Senate], including rules on on
conflicts of interest and gifts, clarifying that a Member of Congress and an employee of conflicts of interest and gifts, clarifying that a Member of Congress and an employee of
Congress may not use nonpublic information derived from such person’s position as a
Member of Congress or employee of Congress or gained from the performance of such
Congress may not use nonpublic information derived from such person’s position as a Member of Congress or employee of Congress or gained from the performance of such person’s official responsibilities as a means for making a private profit.66 person’s official responsibilities as a means for making a private profit.66
Pursuant to the STOCK Act, the Select Committee on Ethics has issued two sets of guidance on Pursuant to the STOCK Act, the Select Committee on Ethics has issued two sets of guidance on
the implementation of the lawthe implementation of the law. The first, issued on June 15, 2012, provided: one to provide a summary of STOCK a summary of STOCK
Act requirements for Senate Staff,67 reminders of periodic transaction and financial disclosure Act requirements for Senate Staff,67 reminders of periodic transaction and financial disclosure
requirements, and disclosure requirements, and disclosure forms.68 The second, issued on December 4, 2012, provided specific
forms;68 and a second to provide guidance on insider trading restrictions under securities laws and Senate ethics rules.69 guidance on insider trading restrictions under securities laws and Senate ethics rules.69

63 P.L. 104-1, 109 Stat. 363 P.L. 104-1, 109 Stat. 3, January 23, 1995 (1995); 2 U.S.C. §1302. ; 2 U.S.C. §1302. T heThe Congressional Accountability Act applied 11 laws Congressional Accountability Act applied 11 laws to to
the legislative branch, from which it had previously been exempt. the legislative branch, from which it had previously been exempt. T heseThese laws are: Fair Labor Standards laws are: Fair Labor Standards Act of 1938 Act of 1938
(29 U.S.C.(29 U.S.C. §201 et seq.);§201 et seq.); T itle Title VII of the Civil Rights Act of 1964 (42 U.S.C. §2000e et seq.); Americans with VII of the Civil Rights Act of 1964 (42 U.S.C. §2000e et seq.); Americans with
Disabilities Disabilities Act of 1990 (42 U.S.C.Act of 1990 (42 U.S.C. §12101 et seq.); Age Discrimination in Employment Act of 1967 (29 U.S.C. §621 §12101 et seq.); Age Discrimination in Employment Act of 1967 (29 U.S.C. §621
et seq.); Family and Medicalet seq.); Family and Medical Leave Act of 1993 (29 U.S.C.Leave Act of 1993 (29 U.S.C. §2611 et seq.); Occupational Safety and Health Act of 1970 §2611 et seq.); Occupational Safety and Health Act of 1970
(29 U.S.C.(29 U.S.C. §651 et seq.);§651 et seq.); T itle Title 5, Chapter 71 of the 5, Chapter 71 of the U.S. Code (federal service labor-management relations); Employee (federal service labor-management relations); Employee
Polygraph Protection Act of 1988 (29 U.S.C. §2001 et seq.); Worker Adjustment and Retraining Notification Act (29 Polygraph Protection Act of 1988 (29 U.S.C. §2001 et seq.); Worker Adjustment and Retraining Notification Act (29
U.S.C.U.S.C. §2101 et seq.); Rehabilitation Act of 1973 (29 U.S.C.§2101 et seq.); Rehabilitation Act of 1973 (29 U.S.C. §701 et seq.), and §701 et seq.), and T itleTitle 38, Chapter 43 of the 38, Chapter 43 of the U.S. Code
(veterans’ employment and re-employment). For more information on the Congressional Accountability Act, see CRS (veterans’ employment and re-employment). For more information on the Congressional Accountability Act, see CRS
Legal SidebarLegal Sidebar LSB10384, LSB10384, The Congressional Accountability Act of 1995 Reform Act: An Overview,, by Christine J. by Christine J.
Back. For more information on the Office of Congressional Workplace Rights (formerly the Office of Back. For more information on the Office of Congressional Workplace Rights (formerly the Office of Compli anceCompliance), see ), see
CRSCRS In FocusIn Focus IF10775, IF10775, Office of Com plianceCompliance: Background Inform ation Information, by Ida A. Brudnick. , by Ida A. Brudnick.
64 U.S. 64 U.S. Congress, Senate, “Rule XLII—Employment Practices,” Congress, Senate, “Rule XLII—Employment Practices,” Senate Manual Containing the Standing Rules, Orders,
Laws, and Resolutions Affecting the Business of the United States Senate
, 116th Cong., 2nd sess., S.Doc., 116th Cong., 2nd sess., S.Doc. 116-1 116-1
(Washington: GPO, 2020), §42, and (Washington: GPO, 2020), §42, and Senate Ethics Manual, pp. 14, 330. , pp. 14, 330.
65 P.L. 112-105, 126 Stat. 29165 P.L. 112-105, 126 Stat. 291, April 4, 2012. Congress amended the ST OCK Act three times to change the (2012). Shortly after initial passage, Congress amended the STOCK Act to push back the effective effective
date for date for filing financial disclosurefinancial disclosure forms requiredforms required under under the act the act . First, to September 30, 2012 (P.L. 112-173P.L. 112-173, (126 126 Stat. 1310 [2012]), December 8, 2012 (P.L. 112-178, 126 Stat. 1408 [2012]), and April 15, 2013 (P.L. 112-207, 126 Stat. 1495 [2012]). In the 113th Congress, Congress further amended the law to apply on-line financial disclosure reporting only to Members of Congress, congressional candidates, the President, the Vice President, and executive branch officers at levels I and II of the Executive Schedule who require nomination by the President and confirmation by the Senate (P.L. 113-7, 127 Stat. 438 [2013]). 66 P.L. 112-105, §3. 67 U.S. Stat. 1310, August 16, 2012)
extended the filing date to September 30, 2012. Second, P.L. 112-178 (126 Stat. 1408, September 28, 2012) extended
the required filing date to December 8, 2012. Finally, P.L. 112-207 (126 Stat. 1495, December 7, 2012) extended the
required filing date to April 15, 2013.
66 P.L. 112-105, §3; 5 U.S.C. app. 101 note prec.
67 U.S. Congress, Senate, Select Committee on EthicsCongress, Senate, Select Committee on Ethics, Stock Act Requirements for Senate Staff, 112th Cong., 2nd sess., , 112th Cong., 2nd sess.,
(June 15, 2012), at https://www.ethics.senate.gov/public/_cache/files/3478144e-32c3-4bed-bb77-a48bdfe65dc7/stock-(June 15, 2012), at https://www.ethics.senate.gov/public/_cache/files/3478144e-32c3-4bed-bb77-a48bdfe65dc7/stock-
act-requirements-for-senate-staff.pdf. act-requirements-for-senate-staff.pdf.
68 U.S.68 U.S. Congress, Senate, Select Committee on Ethics, Congress, Senate, Select Committee on Ethics, Periodic Transaction Requirements, 112th Cong., 2nd sess. (June , 112th Cong., 2nd sess. (June
15, 2021), at https://www.ethics.senate.gov/public/_cache/files/3feffe08-91b6-487f-9074-8e188cb0af62/periodic-15, 2021), at https://www.ethics.senate.gov/public/_cache/files/3feffe08-91b6-487f-9074-8e188cb0af62/periodic-
transaction-requirements.pdf. transaction-requirements.pdf.
69 U.S. 69 U.S. Senate, Senate, Select Committee on Ethics, Senate, Senate, Select Committee on Ethics, Restrictions on Insider Trading Under Securities Laws and Ethics
Rules
, 112th Cong., 2nd sess., 112th Cong., 2nd sess. (December 4, 2012(December 4, 2012,)), at https://www.ethics.senate.gov/public/_cache/files/8c923399-2dc0- at https://www.ethics.senate.gov/public/_cache/files/8c923399-2dc0-
4ef6-a0d2-9ef564fc7038/restrictions-on-insider-trading-under-securities-laws-and-ethics-rules.pdf.
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Current Jurisdiction
Pursuant to changes made since 1977, the Select Committee on Ethics currently has jurisdiction Pursuant to changes made since 1977, the Select Committee on Ethics currently has jurisdiction
over the following areas: over the following areas:
1. receive complaints and investigate 1. receive complaints and investigate al egations allegations of improper conduct which may of improper conduct which may
reflect upon the Senate, violations of law, violations of the Senate Code of reflect upon the Senate, violations of law, violations of the Senate Code of
Official Conduct, and violations of rules and regulations of the Senate, relating to Official Conduct, and violations of rules and regulations of the Senate, relating to
the conduct of individuals in the performance of their duties as Members of the the conduct of individuals in the performance of their duties as Members of the
Senate, or as officers or employees of the Senate, and to make appropriate Senate, or as officers or employees of the Senate, and to make appropriate
findings of fact and conclusions with respect thereto; findings of fact and conclusions with respect thereto;
2. recommend, when appropriate, disciplinary action against Members and staff;70 2. recommend, when appropriate, disciplinary action against Members and staff;70
3. recommend rules or regulations necessary to insure appropriate Senate standards 3. recommend rules or regulations necessary to insure appropriate Senate standards
of conduct; of conduct;
4. report violations of any law to the proper Federal and State authorities; 4. report violations of any law to the proper Federal and State authorities;
5. regulate the use of the franking privilege 5. regulate the use of the franking privilege in the Senate; in the Senate;
6. investigate unauthorized disclosures of 6. investigate unauthorized disclosures of intel igenceintelligence information; information;
7. implement the Senate public financial 7. implement the Senate public financial disclosure requirements of the Ethics in disclosure requirements of the Ethics in
Government Act; Government Act;
8. regulate the receipt and disposition of gifts from foreign governments received 8. regulate the receipt and disposition of gifts from foreign governments received
by Members, officers, and employees of the Senate; by Members, officers, and employees of the Senate;
9. render advisory opinions on the application of Senate rules and laws to Members, 9. render advisory opinions on the application of Senate rules and laws to Members,
officers, and employees; officers, and employees;
10. 10. for complaints filed under the Government Employee Rights Act of 1991 for complaints filed under the Government Employee Rights Act of 1991
respecting conduct occurring prior to January 23, 1996, review, upon request, any respecting conduct occurring prior to January 23, 1996, review, upon request, any
decision of the Senate Office of Fair Employment Practices;71 decision of the Senate Office of Fair Employment Practices;71
11. 11. develop and implement programs for Members, officers, and employees to develop and implement programs for Members, officers, and employees to
educate them about standards of conduct applicable in the performance of their educate them about standards of conduct applicable in the performance of their
official duties;72official duties;72
12. 12. “conduct ongoing ethics training and awareness programs for Members of the “conduct ongoing ethics training and awareness programs for Members of the
Senate and Senate staff”;73 and Senate and Senate staff”;73 and
13. issue an annual report on the number of al eged violations of Senate rules
received from any source, including the number raised by a Senator or staff of the

4ef6-a0d2-9ef564fc7038/restrictions-on-insider-trading-under-securities-laws-and-ethics-rules.pdf. 70 In addition to bringing matters to the full Senate for expulsion, censure, or reprimand, the Committee, pursuant to 70 In addition to bringing matters to the full Senate for expulsion, censure, or reprimand, the Committee, pursuant to
S.Res.S.Res. 338 (88th Congress) §§2(a)(3) and 2(d)(3), as amended338 (88th Congress) §§2(a)(3) and 2(d)(3), as amended by S.Res.by S.Res. 222 (106th Congress), also has the authority to 222 (106th Congress), also has the authority to
issue,issue, on its own, “letters of admonition” for misconduct not warranting full Senate discipline (i.e., “if a violation is on its own, “letters of admonition” for misconduct not warranting full Senate discipline (i.e., “if a violation is
inadvertent, technical or otherwise of deminimis nature” [see inadvertent, technical or otherwise of deminimis nature” [see Senate Ethics Manual, p. 15]). For more information on , p. 15]). For more information on
“Letters of Admonition,” see Committee Rules 3(g)(2) and 4(g)(2)(iii) and (iv) in U.S. Congress,“Letters of Admonition,” see Committee Rules 3(g)(2) and 4(g)(2)(iii) and (iv) in U.S. Congress, Senate, Select Senate, Select
Committee on Ethics, Committee on Ethics, Rules of Procedure, , 111th117th Cong., 2nd sess. Cong., 2nd sess. S.Prt. 111-53, at http://ethics.senate.gov/downloads/
pdffiles/small_books/RulesOfProcedure.pdf; and CRS Report RL30764, Enforcem ent, adopted February 23, 1978, revised, November 1999, reprinted October 2021, at https://www.ethics.senate.gov/public/_cache/files/01f06ea2-b5e1-4887-9250-dc84bdf88cb5/2021---blue-book---rules-of-procedure.pdf; and CRS Report RL30764, Enforcement of Congressional Rules of
Conduct: A Historical Overview
,, by Jacob R. Straus. by Jacob R. Straus.
71 71 Senate Ethics Manual, p. 4. , p. 4.
72 72 Senate Ethics Manual, p. 17; and “Official Conduct Amendments of 1977,” , p. 17; and “Official Conduct Amendments of 1977,” Congressional Record, vol. 123, part 8 , vol. 123, part 8
(April 1, 1977), pp. 10044-10068. (April 1, 1977), pp. 10044-10068.
73 P.L. 110-81, §553, 121 Stat. 773 73 P.L. 110-81, §553, 121 Stat. 773, September 14, 2007 (2007); 2 U.S.C. §4722. For more information on ethics training, see ; 2 U.S.C. §4722. For more information on ethics training, see
U.S.U.S. Congress, Senate, Select Committee on Ethics, “Congress, Senate, Select Committee on Ethics, “T rainingTraining,” at https://www.ethics.senate.gov/public/index.cfm/,” at https://www.ethics.senate.gov/public/index.cfm/
training. training.
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13. issue an annual report on the number of alleged violations of Senate rules received from any source, including the number raised by a Senator or staff of the committee, and including the number of committee, and including the number of al egationsallegations dismissed or on which the dismissed or on which the
committee took the specific actions.74 committee took the specific actions.74
Procedure
Procedures forThe Senate requires the Select Committee on Ethics the Select Committee on Ethics are established pursuant to S.Res. 338 (88th
Congress), as amended; P.L. 93-191;75 S.Res. 400 (94th Congress);76 and 5 U.S.C. Section 7342.77
to publish its procedures.75 The Ethics Committee may initiateThe Ethics Committee may initiate an inquiry or investigate an inquiry or investigate al egationsallegations brought by Senators, brought by Senators,
Senate officers, Senate staff, or outside individuals and groups. While the committee does not Senate officers, Senate staff, or outside individuals and groups. While the committee does not
have formal procedural requirements for filing a complaint, the committee can issue public have formal procedural requirements for filing a complaint, the committee can issue public
statements regarding a specific inquiry. If the committee chooses not to issue a public statement, statements regarding a specific inquiry. If the committee chooses not to issue a public statement,
al al egationsall allegations are treated are treated confidential yconfidentially and the committee has a practice of neither confirming and the committee has a practice of neither confirming
nor denying that a matter is before the committee. “Upon completion of its investigative process, nor denying that a matter is before the committee. “Upon completion of its investigative process,
the Committee may recommend to the Senate or party conference an appropriate sanction for a the Committee may recommend to the Senate or party conference an appropriate sanction for a
violation or improper conduct, including, for Senators, censure, expulsion, or party discipline and, violation or improper conduct, including, for Senators, censure, expulsion, or party discipline and,
for staff members, termination of employment.”for staff members, termination of employment.”7876 In 1977, the Senate created the Code of Official Conduct.77 Additionally, the Senate Select Committee on Ethics was provided with the authority to receive complaints, investigate alleged violations of the Senate Code of Official Conduct,
In 1977, the Senate agreed to S.Res. 110, which created the Code of Official Conduct. Title II of
S.Res. 110 amended S.Res. 338, the 1964 resolution that created the procedures of the Select
Committee on Standards and Conduct, which became the Select Committee on Ethics. The
amendments required the Select Committee to receive complaints and investigate al eged
violations of the Senate Code of Official Conduct and to publish necessary regulations to
implement the code. Title II also required the publishing of publish necessary regulations to implement the code and required the Committee to publish advisory opinions in the advisory opinions in the
Congressional Record, if requested by specified individuals.Congressional Record, if requested by specified individuals.79

78 74 P.L. 110-81, §554, 121 Stat. 773, September 14, 2007; 2 U.S.C. §4723. 74 P.L. 110-81, §554, 121 Stat. 773, September 14, 2007; 2 U.S.C. §4723.
75 75 Procedures for the Select Committee on Ethics are established pursuant to S.Res. 338 (88th Congress), as amended; P.L. 93-191 (P.L. 93-191, 87 Stat. 73787 Stat. 737, December 18, 1973 [1973]); S.Res. 400 (94th Congress), and 5 U.S.C. §7342. P.L. 93-191 amended then current law on franked mail and required . P.L. 93-191 amended then current law on franked mail and required
that the Select Committee on Standards and Conduct (now the Select Committee on Ethics) provide “guidance, that the Select Committee on Standards and Conduct (now the Select Committee on Ethics) provide “guidance,
assistance, advice, and counsel, through advisory opinions or consultations, in assistance, advice, and counsel, through advisory opinions or consultations, in connect ion with ehconnection with the mailing or mailing or
contemplated mailing of franked mail….” contemplated mailing of franked mail….”
76 S.Res.S.Res. 400 (94th Congress), restricted the unauthorized 400 (94th Congress), restricted the unauthorized disclosure disclosure of intelligence information. The Select of intelligence information. The Select Committe e
Committee on Ethics wason Ethics was specifically tasked “to investigate any specifically tasked “to investigate any unamortizedunauthorized disclosure of intelligence information by a disclosure of intelligence information by a Members,
Member, officer or employee of the Senate….” For more information, see U.S. Congress,officer or employee of the Senate….” For more information, see U.S. Congress, Senate Committee on Rules and Senate Committee on Rules and
Administration, Administration, Proposed Standing Com mitteeCommittee on Intelligence Activities, report to accompany S.Res. 400, 94th Cong., , report to accompany S.Res. 400, 94th Cong.,
2nd sess.,2nd sess., April 29, 1976, S.Rept. 94-470 (Washington: GPO, 1976), p. 45; “April 29, 1976, S.Rept. 94-470 (Washington: GPO, 1976), p. 45; “ Proposed Standing Committee on Proposed Standing Committee on
Intelligence Activities,” debate in the Senate, Intelligence Activities,” debate in the Senate, Congressional Record, vol. 122, part 12 (May 19, 1976), pp. 14643-, vol. 122, part 12 (May 19, 1976), pp. 14643-
14679. 14679.
77 5 U.S.C.5 U.S.C. §7342 §7342 covercovers the receipt and disposition of foreign gifts and decorations given to federal employees as the receipt and disposition of foreign gifts and decorations given to federal employees as
defined defined by 5 U.S.C.by 5 U.S.C. §2105, including§2105, including Members Members of Congress. of Congress.
7876 Senate Ethics Manual, p. 4. For , p. 4. For a detailed Select Select Committee procedures, see U.S. Congress,Committee procedures, see U.S. Congress, Senate Select Senate Select
Committee on Ethics, Committee on Ethics, Rules of Procedure, committee print, adopted February 23, 1978, revised November 1999, , committee print, adopted February 23, 1978, revised November 1999,
Reprinted March 2007, 110th Cong., 1st sess.,Reprinted March 2007, 110th Cong., 1st sess., S.Prt. 110-17 (Washington: GPO, 2007). S.Prt. 110-17 (Washington: GPO, 2007). Rules of Procedure has has
historically been printed on a yearly basis,historically been printed on a yearly basis, with the most recent reprinting in 2007. For more information on with the most recent reprinting in 2007. For more information on
enforcement of rules of conduct, see CRSenforcement of rules of conduct, see CRS Report RL30764, Report RL30764, Enforcem entEnforcement of Congressional Rules of Conduct: A
Historical Overview
,, by Jacobby Jacob R. Straus. R. Straus.
79 U.S. Congress, Senate Special 77 S.Res, 110, Title II (95th Congress). S.Res. 110 amended S.Res. 338 (1964), which authorized the Ethics Committee. 78 U.S. Congress, Senate Special Committee on Official Conduct, Committee on Official Conduct, Senate Code of Official Conduct, report to , report to
accompany S.Res.accompany S.Res. 110, 95th Cong., 1st sess.,110, 95th Cong., 1st sess., S.ReptS.Rept . 95-49 (Washington: GPO, 1977), pp. 2-3. . 95-49 (Washington: GPO, 1977), pp. 2-3.
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link to page 17 link to page 18 link to page 18 link to page 18 link to page 18 link to page 17 link to page 18 link to page 18 link to page 18 link to page 18 Senate Select Committee on Ethics: A Brief History of Its Evolution and Jurisdiction

Appendix A. Membership on the Senate Select
Committee on Standards and Conduct, 1965-1976
Created in the 89th Congress (1965-1966), a total of 14 Senators served on the Senate Select Created in the 89th Congress (1965-1966), a total of 14 Senators served on the Senate Select
Committee on Standards and Conduct prior to its being disbanded with the creation of the Senate Committee on Standards and Conduct prior to its being disbanded with the creation of the Senate
Select Committee on Ethics in the 95th Congress (1977-Select Committee on Ethics in the 95th Congress (1977-1978). Table A-1 provides a list of provides a list of al
all Members who served on the Senate Select Committee on Standards and Conduct, their party Members who served on the Senate Select Committee on Standards and Conduct, their party
affiliation, and their state. Majority party Members are listed first. affiliation, and their state. Majority party Members are listed first.
Table A-1. Senate Select Committee on Standards and Conduct Membership
Senator
Party
State
89th Congress (1965-1966)
Stennis, John C. Stennis, John C.
D D
MS MS
Monroney, A. S. Mike Monroney, A. S. Mike
D D
OK OK
McCarthy, Eugene J. McCarthy, Eugene J.
DFLaDFLa
MN MN
Bennett, Bennett, Wal ace Wallace F. F.
R R
UT UT
Cooper, John Sherman Cooper, John Sherman
R R
KY KY
Pearson, James B. Pearson, James B.
R R
KS KS
90th Congress (1967-1968)
Stennis, John C. Stennis, John C.
D D
MS MS
Monroney, A. S. Mike Monroney, A. S. Mike
D D
OK OK
McCarthy, Eugene J. McCarthy, Eugene J.
DFLaDFLa
MN MN
Bennett, Bennett, Wal ace Wallace F. F.
R R
UT UT
Cooper, John Sherman Cooper, John Sherman
R R
KY KY
Pearson, James B. Pearson, James B.
R R
KS KS
91st Congress (1969-1970)
Stennis, John C. Stennis, John C.
D D
MS MS
McCarthy, Eugene J. McCarthy, Eugene J.
DFLaDFLa
MN MN
Talmadge, Herman E. Talmadge, Herman E.
D D
GA GA
Bennett, Bennett, Wal ace Wallace F. F.
R R
UT UT
Cooper, John Sherman Cooper, John Sherman
R R
KY KY
Pearson, James B. Pearson, James B.
R R
KS KS
Jordan, Leonard Jordan, Leonard B.b
R R
ID ID
92nd Congress (1971-1972)
Stennis, John C. Stennis, John C.
D D
MS MS
Talmadge, Herman E. Talmadge, Herman E.
D D
GA GA
Spong, Wil iam Spong, Wil iam B., B., Jr. Jr.
D D
VA VA
Bennett, Bennett, Wal ace Wallace F. F.
R R
UT UT
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Senate Select Committee on Ethics: A Brief History of Its Evolution and Jurisdiction

Senator
Party
State
Cooper, John Sherman Cooper, John Sherman
R R
KY KY
Jordan, Leonard B. Jordan, Leonard B.
R R
ID ID
93rd Congress (1973-1974)
Stennis, John C. Stennis, John C.
D D
MS MS
Talmadge, Herman E. Talmadge, Herman E.
D D
GA GA
Cannon, Howard W. Cannon, Howard W.
D D
NV NV
Bennett, Bennett, Wal ace Wallace F. F.
R R
UT UT
Curtis, Carl T. Curtis, Carl T.
R R
NE NE
Brooke, Brooke, Edward W. Edward W.
R R
MA MA
94th Congress (1975-1976)
Cannon, Howard W. Cannon, Howard W.
D D
NV NV
Stennis, John C. Stennis, John C.
D D
MS MS
Talmadge, Herman E. Talmadge, Herman E.
D D
GA GA
Curtis, Carl T. Curtis, Carl T.
R R
NE NE
Brooke, Brooke, Edward W. Edward W.
R R
MA MA
Young, Milton R. Young, Milton R.
R R
ND ND
Source: GarrisonGarrison Nelson, Nelson, Committees in the U.S. Congress 1947-1992 (Washington: Congressional (Washington: Congressional Quarterly, Quarterly,
Inc., 1994), pp. 284-285.Inc., 1994), pp. 284-285.
a. Democratica. Democratic Farmer-LaborFarmer-Labor Party. Party.
b. Senator Leonard Jordan was appointed on October 29, 1969, to replace Senator Pearson.b. Senator Leonard Jordan was appointed on October 29, 1969, to replace Senator Pearson.
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Appendix B. Membership on the Senate Select
Committee on Ethics, 1977-2019
Created inBeginning with the 95th Congress (1977-1978) the 95th Congress (1977-1978), , the Senate Select Committee on Ethics has had a total
of 59 different members. Table B-1 provides a list of provides a list of al all Members who have served on the Senate Members who have served on the Senate
Select Committee on Ethics, their party affiliation, and their state. Majority party Senators are Select Committee on Ethics, their party affiliation, and their state. Majority party Senators are
listed first. listed first.
Table B-1. Senate Select Committee on Ethics Membership
Senator
Party
State
95th Congress (1977-1978)
Stevenson, Adlai E. III Stevenson, Adlai E. III
D D
IL IL
Ribicoff, Abraham A. Ribicoff, Abraham A.
D D
CT CT
Morgan, Robert B. Morgan, Robert B.
D D
NC NC
Schmitt, Harrison Schmitt, Harrison H. H.
R R
NM NM
Tower, Tower, John G. John G.
R R
TX TX
Weicker, Weicker, Lowel Lowell P., Jr. P., Jr.
R R
CT CT
Pearson, James Pearson, James B.a
R R
KS KS
Mathias, Charles McC., Mathias, Charles McC., JrJr.b
R R
MD MD
96th Congress (1979-1980)
Stevenson, Adlai E. III Stevenson, Adlai E. III
D D
IL IL
Morgan, Robert B. Morgan, Robert B.
D D
NC NC
Burdick, Burdick, Quentin N. Quentin N.
D D
ND ND
Heflin, Heflin, Howel T Howell T.c
D D
AL AL
Pryor, David Pryor, David H.d
D D
AR AR
Schmitt, Harrison Schmitt, Harrison H. H.
R R
NM NM
Hatfield, Mark O. Hatfield, Mark O.
R R
OR OR
Helms, Helms, Jesse A. Jesse A.
R R
NC NC
Wal op, Wallop, MalcolMalcolme
R R
WY WY
Cochran, Cochran, ThadfThadf
R R
MS MS
97th Congress (1981-1982)
Wal op, Wallop, Malcolm Malcolm
R R
WY WY
Cochran, Thad Cochran, Thad
R R
MS MS
Mattingly, Mack Mattingly, Mack
R R
GA GA
Helms, Helms, Jesse Jesse A.g
R R
NC NC
Heflin, Heflin, Howel Howell T. T.
D D
AL AL
Pryor, David H. Pryor, David H.
D D
AR AR
Eagleton, Thomas F. Eagleton, Thomas F.
D D
MO MO 98th Congress (1983-1984) Stevens, Theodore F. R AK
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Senator
Party
State
98th Congress (1983-1984)
Stevens, Theodore F.
R
AK
Helms, Helms, Jesse A. Jesse A.
R R
NC NC
Durenberger, Durenberger, David F. David F.
R R
MN MN
Heflin, Heflin, Howel Howell T. T.
D D
AL AL
Pryor, David H. Pryor, David H.
D D
AR AR
Eagleton, Thomas F. Eagleton, Thomas F.
D D
MO MO
99th Congress (1985-1986)
Rudman, Warren B. Rudman, Warren B.
R R
NH NH
Helms, Helms, Jesse A. Jesse A.
R R
NC NC
Kassebaum, Kassebaum, Nancy Landon Nancy Landon
R R
KS KS
Heflin, Heflin, Howel Howell T. T.
D D
AL AL
Pryor, David H. Pryor, David H.
D D
AR AR
Long, Long, Russel Russell B. B.
D D
LA LA
100th Congress (1987-1988)
Heflin, Heflin, Howel Howell T. T.
D D
AL AL
Pryor, David H. Pryor, David H.
D D
AR AR
Sanford, Terry Sanford, Terry
D D
NC NC
Rudman, Warren B. Rudman, Warren B.
R R
NH NH
Helms, Helms, Jesse A. Jesse A.
R R
NC NC
Kassebaum, Kassebaum, Nancy Landon Nancy Landon
R R
KS KS
101st Congress (1989-1990)
Heflin, Heflin, Howel Howell T. T.
D D
AL AL
Pryor, David H. Pryor, David H.
D D
AR AR
Sanford, Terry Sanford, Terry
D D
NC NC
Rudman, Warren B. Rudman, Warren B.
R R
NH NH
Helms, Helms, Jesse A. Jesse A.
R R
NC NC
Lott, Trent Lott, Trent
R R
MS MS
102nd Congress (1991-1992)
Heflin, Heflin, Howel Howell T. T.
D D
AL AL
Pryor, David Pryor, David H.h
D D
AR AR
Sanford, Terr Sanford, Terryi
D D
NC NC
Bingaman, Bingaman, JeffjJeffj
D D
NM NM
Bryan, Richar Bryan, Richardadk
D D
NV NV
Rudman, Warren B. Rudman, Warren B.
R R
NH NH
Lott, Trent Lott, Trent
R R
MS MS
Gorton, Slade Gorton, Slade
R R
WA WA
Helms, Jessel R NC 103rd Congress (1993-1994) Congressional Research Service Congressional Research Service

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Senator
Party
State
Helms, Jessel
R
NC
103rd Congress (1993-1994)
Bryan, Richard Bryan, Richard
D D
NV NV
Mikulski, Mikulski, Barbara Barbara
D D
MD MD
Daschle, Daschle, Thomas Thomas
D D
SD SD
McConnel McConnell, Mitch , Mitch
R R
KY KY
Stevens, Ted Stevens, Ted
R R
AK AK
Smith, Robert Smith, Robert
R R
NH NH
Craig, Larr Craig, Larrym
R R
ID ID
104th Congress (1995-1996)
McConnel McConnell, Mitch , Mitch
R R
KY KY
Smith, Robert Smith, Robert
R R
NH NH
Craig, Larry Craig, Larry
R R
ID ID
Bryan, Richard Bryan, Richard
D D
NV NV
Mikulski, Mikulski, Barbara Barbara
D D
MD MD
Dorgan, Byron Dorgan, Byron
D D
ND ND
Reid, Harr Reid, Harryn
D D
NV NV
Murray, Murray, Pattyo Pattyo
D D
WA WA
105th Congress (1997-1998)
Smith, Robert Smith, Robert
R R
NH NH
Roberts, Pat Roberts, Pat
R R
KS KS
Sessions, Sessions, Jeff Jeff
R R
AL AL
Reid, Harry Reid, Harry
D D
NV NV
Murray, Patty Murray, Patty
D D
WA WA
Conrad, Kent Conrad, Kent
D D
ND ND
106th Congress (1999-2000)
Smith, Rober Smith, Robertp
R R
NH NH
Roberts, Pat Roberts, Pat
R R
KS KS
Voinovich, George Voinovich, George
R R
OH OH
Reid, Harry Reid, Harry
D D
NV NV
Conrad, Kent Conrad, Kent
D D
ND ND
Durbin, Richard Durbin, Richard
D D
IL IL
107th Congress (2001-2002)
Roberts, Pat Roberts, Pat
R R
KS KS
Voinovich, George Voinovich, George
R R
OH OH
Thomas, Craig Thomas, Craig
R R
WY WY
Reid, Harr Reid, Harryq
D D
NV NV
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Senator
Party
State
Akaka, Daniel
D
HI
Lincoln, Blanche
D
AR
Inouye, DaniInouye, Danielr
D D
HI HI
Reed, Reed, JackrJackr
D D
RI RI
108th Congress (2003-2004)
Voinovich, George Voinovich, George
R R
OH OH
Roberts, Pat Roberts, Pat
R R
KS KS
Thomas, Craig Thomas, Craig
R R
WY WY
Reid, Harry Reid, Harry
D D
NV NV
Akaka, Daniel Akaka, Daniel
D D
HI HI
Lincoln, Blanche Lincoln, Blanche
D D
AR AR
109th Congress (2005-2006)
Voinovich, George Voinovich, George
R R
OH OH
Roberts, Pat Roberts, Pat
R R
KS KS
Thomas, Craig Thomas, Craig
R R
WY WY
Johnson, Tim Johnson, Tim
D D
SD SD
Akaka, Daniel Akaka, Daniel
D D
HI HI
Pryor, Mark Pryor, Mark
D D
AR AR
Salazar, Salazar, Kens Kens
D D
CO CO
110th Congress (2007-2008)
Johnson, Ti Johnson, Timt
D D
SD SD
Boxer, Boxer, BarbarBarbarat
D D
CA CA
Pryor, Mark L. Pryor, Mark L.
D D
AR AR
Salazar, Ken Salazar, Ken
D D
CO CO
Brown, Sherro Brown, Sherrodu
D D
OH OH
Cornyn, John Cornyn, John
R R
TX TX
Roberts, Pat Roberts, Pat
R R
KS KS
Thomas, Craig Thomas, Craig
R R
WY WY
Isakson, Johnn Isakson, Johnnyv
R R
GA GA
111th Congress (2009-2010)
Boxer, Boxer, Barbara Barbara
D D
CA CA
Pryor, Mark L. Pryor, Mark L.
D D
AR AR
Brown, Sherrod Brown, Sherrod
D D
OH OH
Isakson, Johnny Isakson, Johnny
R R
GA GA
Roberts, Pat Roberts, Pat
R R
KS KS
Risch, James E. Risch, James E.
R R
ID ID 112th Congress (2011-2012) Boxer, Barbara D CA Pryor, Mark L. D AR
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Senate Select Committee on Ethics: A Brief History of Its Evolution and Jurisdiction

Senator
Party
State
112th Congress (2011-2012)
Boxer, Barbara
D
CA
Pryor, Mark L.
D
AR
Brown, Sherrod Brown, Sherrod
D D
OH OH
Isakson, Johnny Isakson, Johnny
R R
GA GA
Roberts, Pat Roberts, Pat
R R
KS KS
Risch, James E. Risch, James E.
R R
ID ID
113th Congress (2013-2014)
Boxer, Boxer, Barbara Barbara
D D
CA CA
Pryor, Mark L. Pryor, Mark L.
D D
AR AR
Brown, Sherrod Brown, Sherrod
D D
OH OH
Isakson, Johnny Isakson, Johnny
R R
GA GA
Roberts, Pat Roberts, Pat
R R
KS KS
Risch, James E. Risch, James E.
R R
ID ID
114th Congress (2015-2016)
Isakson, Johnny Isakson, Johnny
R R
GA GA
Roberts, Pat Roberts, Pat
R R
KS KS
Risch, James E. Risch, James E.
R R
ID ID
Boxer, Boxer, Barbara Barbara
D D
CA CA
Coons, Christopher Coons, Christopher
D D
DE DE
Schatz, Brian Schatz, Brian
D D
HI HI
115th Congress (2017-2018)
Isakson, Johnny Isakson, Johnny
R R
GA GA
Roberts, Pat Roberts, Pat
R R
KS KS
Risch, Jim Risch, Jim
R R
ID ID
Coons, Christopher Coons, Christopher
D D
DE DE
Schatz, Brian Schatz, Brian
D D
HI HI
Shaheen, Jeanne Shaheen, Jeanne
D D
NH NH
116th Congress (2019-2020)
Isakson, Johnny Isakson, Johnny
R R
GA GA
Roberts, Pat Roberts, Pat
R R
KS KS
Risch, Jim Risch, Jim
R R
ID ID
Coons, Christopher Coons, Christopher
D D
DE DE
Schatz, Brian Schatz, Brian
D D
HI HI
Shaheen, Jeanne Shaheen, Jeanne
D D
NH NH
117th Congress (2021-2022)
Coons, Christopher Coons, Christopher
D D
DE DE
Schatz, Brian D HI Shaheen, Jeanne D NH Lankford, James R OK Congressional Research Service Congressional Research Service

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Senate Select Committee on Ethics: A Brief History of Its Evolution and Jurisdiction

Senator
Party
State
Risch, Jim R ID Fischer, Deb R NE 118th Congress (2023-2024) Coons, Christopher D DE Schatz, Brian Schatz, Brian
D D
HI HI
Shaheen, Jeanne Shaheen, Jeanne
D D
NH NH
Lankford, James Lankford, James
R R
OK OK
Risch, Jim Risch, Jim
R R
ID ID
Fischer, Fischer, Deb Deb
R R
NE NE
Sources: 95th-111th Congresses—Garrison—Garrison Nelson, Nelson, Committees in the U.S. Congress 1947-1992, vol. 1
(Washington: Congressional(Washington: Congressional Quarterly,Quarterly, Inc., 1994), pp. 284-285; Garrison Nelson and Charles Steward III, Inc., 1994), pp. 284-285; Garrison Nelson and Charles Steward III,
Committees in the U.S. Congress 1993-2010 (Washington: CQ Press, (Washington: CQ Press, 2011). 2011).
112th Congress—“Senate Resolution 42—to Constitute the Majority Party’s Membership on Certain 112th Congress—“Senate Resolution 42—to Constitute the Majority Party’s Membership on Certain
CommitteesCommittees for the One Hundred Twelfth Congress, or Until Their Successorsfor the One Hundred Twelfth Congress, or Until Their Successors are Chosen,” are Chosen,” Congressional
Record
,, daily edition, vol.daily edition, vol. 157 (February 3, 2011), p. S551; “Senate Resolution 43—to Constitute the Minority 157 (February 3, 2011), p. S551; “Senate Resolution 43—to Constitute the Minority
Party’s Membership on Certain CommitteesParty’s Membership on Certain Committees for the One Hundred Twelfth Congress,for the One Hundred Twelfth Congress, or Until Their Successors or Until Their Successors
are Chosen,” are Chosen,” Congressional Record,, daily edition, vol.daily edition, vol. 157 (February 3, 2011), p. S551. 157 (February 3, 2011), p. S551.
113th Congress—“Making Majority Party Appointments,”—“Making Majority Party Appointments,” Congressional Record,, daily edition, vol. 159 (January daily edition, vol. 159 (January
24, 2013), p. S296; “Making Minority Party Appointments,”24, 2013), p. S296; “Making Minority Party Appointments,” Congressional Record, daily edition, vol. 159 (January , daily edition, vol. 159 (January
24, 2013), p. S296. 24, 2013), p. S296.
114th Congress—“Making Majority Party Appointments for the 114th Congress,” —“Making Majority Party Appointments for the 114th Congress,” Congressional Record,, daily daily
edition, vol. 161 (January 7, 2015), p. S67; “Constituting the Minority Party’s Membershipedition, vol. 161 (January 7, 2015), p. S67; “Constituting the Minority Party’s Membership on Certain Committee on Certain Committee
for the One Hundred Fourteenth Congress,”for the One Hundred Fourteenth Congress,” Congressional Record,, daily edition,daily edition, vol. 161 (January 7, 2015), p. S. vol. 161 (January 7, 2015), p. S.
68. 68.
115th Congress—“Senate Resolution 7-To Constitute the Majority Party’s Membership—“Senate Resolution 7-To Constitute the Majority Party’s Membership on Certain on Certain
CommitteesCommittees for the One Hundred Fifteenth Congress, or Until Their Successorsfor the One Hundred Fifteenth Congress, or Until Their Successors Are Are Chosen,” Chosen,” Congressional
Record
,, daily edition, vol.daily edition, vol. 163 (January 5, 2017), p. S117; and “Senate Resolution 8163 (January 5, 2017), p. S117; and “Senate Resolution 8 -To Constitute the Minority -To Constitute the Minority
Party’s Membership on Certain CommitteesParty’s Membership on Certain Committees for the One Hundred Fifteenth Congress,for the One Hundred Fifteenth Congress, or Until Their Successors or Until Their Successors
are Chosen,” are Chosen,” Congressional Record,, daily edition, vol.daily edition, vol. 163 (January 5, 2017), p. S117. 163 (January 5, 2017), p. S117.
116th Congress—“Senate Resolution 12—To Constitute the Majority Party’s Membership—“Senate Resolution 12—To Constitute the Majority Party’s Membership on Certain on Certain
CommitteesCommittees for the One Hundred Sixteenth Congress,for the One Hundred Sixteenth Congress, or Until Their Successorsor Until Their Successors are Chosen,” are Chosen,” Congressional
Record
,, vol. 164 (January 9, 2019), p. S105; “Senate Resolution 13—To Constitute the Minority Party’s vol. 164 (January 9, 2019), p. S105; “Senate Resolution 13—To Constitute the Minority Party’s
Membership on Certain CommitteesMembership on Certain Committees for the One Hundred Sixteenth Congress,for the One Hundred Sixteenth Congress, or Until Their Successorsor Until Their Successors are are
Chosen,” Chosen,” Congressional Record,, daily edition,daily edition, vol. 165 (January 9, 2019), p. S106.vol. 165 (January 9, 2019), p. S106.
117th Congress
—“Senate Resolution 28—To Constitute the Majority Party’s Membership—“Senate Resolution 28—To Constitute the Majority Party’s Membership on Certain on Certain
CommitteesCommittees for the One Hundred Seventeenth Congress, or Until Their Successorsfor the One Hundred Seventeenth Congress, or Until Their Successors are Chosen,” are Chosen,” Congressional
Record
,, daily edition, vol.daily edition, vol. 167 (February 3, 2021), p. S322; and “Senate Resolution 32—To Constitute the 167 (February 3, 2021), p. S322; and “Senate Resolution 32—To Constitute the
Minority Party’s MembershipMinority Party’s Membership on Certain Committeeson Certain Committees for the One Hundred Seventeenth Congress,for the One Hundred Seventeenth Congress, or Until or Until
Their SuccessorsTheir Successors are Chosen,” are Chosen,” Congressional Record, vol., vol. 167 (February 3, 2021), p. S232. 118th Congress – “Senate Resolution 30—To Constitute the Majority Party’s Membership on Certain Committees for the One Hundred Eighteenth Congress, or Until Their Successors are Chosen,” Congressional Record, daily edition, vol. 169 (February 2, 2023), p. S238; and “Senate Resolution 31—To Constitute the Minority Party’s Membership on Certain Committees for the One Hundred Eighteenth Congress, or Until Their Successors are Chosen,” Congressional Record, daily edition, vol. 169 (February 2, 2023), pp. S238-S239167 (February 3, 2021), p. S232. .
a. Senator Pearson was temporarilya. Senator Pearson was temporarily appointed to the committeeappointed to the committee to replaced Senator Tower due to an inquiry to replaced Senator Tower due to an inquiry
in which Senator Tower recused himself. in which Senator Tower recused himself.
b. Senator Mathias was appointed on April 13, 1978, to replace b. Senator Mathias was appointed on April 13, 1978, to replace Senator Weicker.Senator Weicker.
c. Senator Heflin was appointed on October 31, 1979, to replace Senator Stevenson. c. Senator Heflin was appointed on October 31, 1979, to replace Senator Stevenson.
d. Senator Pryor was appointed on January 25, 1980, to replace Senator Burdick. d. Senator Pryor was appointed on January 25, 1980, to replace Senator Burdick.
e. Senator e. Senator Wal opWallop was appointed on October 31, 1979, to replace Senator Schmitt. was appointed on October 31, 1979, to replace Senator Schmitt.
f. f.
Senator Cochran was appointed on January 28, 1980, to replace Senator Hatfield. Senator Cochran was appointed on January 28, 1980, to replace Senator Hatfield.
Congressional Research Service 21 Senate Select Committee on Ethics: A Brief History of Its Evolution and Jurisdiction g. Senator Helms g. Senator Helms was appointed on January 21, 1981, to replace Senator Cochran. was appointed on January 21, 1981, to replace Senator Cochran.
h. Senator Pryor left the committeeh. Senator Pryor left the committee in May 1991, but returned on September 10, 1991, in place of Senator in May 1991, but returned on September 10, 1991, in place of Senator
Bingaman, to serve during the completion Bingaman, to serve during the completion of the “Keating Five” investigation. That investigation ended on of the “Keating Five” investigation. That investigation ended on
NovemberNovember 20, 1991. 20, 1991.
i. i.
On August 2, 1991, Senator Sanford was named chairman of the committee On August 2, 1991, Senator Sanford was named chairman of the committee for for al all matters except the matters except the
“Keating Five” investigation. “Keating Five” investigation.
j. j.
Senator Bingaman was appointed to serve in place of Senator Pryor. Senator Bingaman was appointed to serve in place of Senator Pryor. However,However, he later declined to he later declined to
participate in the “Keating Five” investigation,participate in the “Keating Five” investigation, and Senator Pryor was reappointed for that purpose. On and Senator Pryor was reappointed for that purpose. On
August 2, 1991, Senator Bingaman was reappointed to serveAugust 2, 1991, Senator Bingaman was reappointed to serve for al committee for all committee matters except the “Keating matters except the “Keating
Five” investigation. Five” investigation.
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k. Senator Bryan was appointed to serve for k. Senator Bryan was appointed to serve for al all matters except the “Keating Five” investigation.matters except the “Keating Five” investigation.
l. l.
Senator Helms Senator Helms was reappointed to servewas reappointed to serve during the 102nd Congress for the remainderduring the 102nd Congress for the remainder of the “Keating Five” of the “Keating Five”
investigation. investigation.
m. Senator Craig was appointed on May 19, 1993, to replace m. Senator Craig was appointed on May 19, 1993, to replace Senate Stevens. Senate Stevens.
n. Senator Reid was appointed on January 23, 1996, to replace Senator Bryan. n. Senator Reid was appointed on January 23, 1996, to replace Senator Bryan.
o. Senator Murray was appointed on January 23, 1996, to replace Senator Mikulski.o. Senator Murray was appointed on January 23, 1996, to replace Senator Mikulski.
p. Senator Smith became chairman of the Senate Environment and Public Worksp. Senator Smith became chairman of the Senate Environment and Public Works Committee Committee on Novemberon November 9, 9,
1999, and Senator Roberts was appointed chairman of the Select Committee 1999, and Senator Roberts was appointed chairman of the Select Committee on Ethics the same day. on Ethics the same day.
q. On June 6, 2000, when the Democrats q. On June 6, 2000, when the Democrats took control of the Senate, Senator Reid became chairman of took control of the Senate, Senator Reid became chairman of
committee. committee.
r. On February 4, 2002, with the passage of S.Res. r. On February 4, 2002, with the passage of S.Res. 203, Senator Inouye was appointed to chair the committee 203, Senator Inouye was appointed to chair the committee
in matters regarding the investigation of Senator Robert in matters regarding the investigation of Senator Robert Torricel i, Torricelli, and Senator Reed was appointed to and Senator Reed was appointed to
serveserve in place of Senator Akaka for this investigation. in place of Senator Akaka for this investigation. Al All other committeeother committee business for the business for the 107 th107th Congress Congress
was handled by the six memberswas handled by the six members original y originally appointed. appointed.
s. Senator Salazar was appointed on January 18, 2006, to replace Senator Akaka. s. Senator Salazar was appointed on January 18, 2006, to replace Senator Akaka.
t. t.
On January 12, 2007, Senator Boxer was named chairman of the Senate Select Committee On January 12, 2007, Senator Boxer was named chairman of the Senate Select Committee on Ethics in on Ethics in
Senator Johnson’s absence because of il ness.Senator Johnson’s absence because of il ness.
u. On April u. On April 17, 2007, Senator Brown was appointed to serve in place of Senator Salazar only for matters 17, 2007, Senator Brown was appointed to serve in place of Senator Salazar only for matters
related to the committee’s related to the committee’s preliminary preliminary inquiry arising in connection with the firing of a U.S. attorney in New inquiry arising in connection with the firing of a U.S. attorney in New
Mexico. Mexico.
v. Senator Thomas died in office on June 4, 2007, and was replaced by Senator Isakson on June 13, 2007 v. Senator Thomas died in office on June 4, 2007, and was replaced by Senator Isakson on June 13, 2007 . .


Author Information

Jacob R. Straus Jacob R. Straus

Specialist on the Congress Specialist on the Congress


Acknowledgments
This report revises an earlier report by Mildred Amer, who retired as a Specialist in American National This report revises an earlier report by Mildred Amer, who retired as a Specialist in American National
Government at CRS.Government at CRS.
Congressional Research Service 22 Senate Select Committee on Ethics: A Brief History of Its Evolution and Jurisdiction
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