    [Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 106th Congress]
    [106th Congress]
    [House Document 105-358]
    [Rules of the House of Representatives]
    [Pages 849-854]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    [[Page 849]]

                     Rule XXIV.--CODE OF OFFICIAL CONDUCT

      There is hereby established by and for the House the following code of
    conduct, to be known as the ``Code of Official Conduct'':

    Sec. 1095. Official conduct of Members, officers, or
    employees of the House.

          1.  A Member, Delegate, Resident Commissioner,
    officer, or employee of the House shall conduct himself at all times in
    a manner that shall reflect creditably on the House.

          2. A Member, Delegate, Resident Commissioner, officer, or employee
    of the House shall adhere to the spirit and the letter of the Rules of
    the House and to the rules of duly constituted committees thereof.

          3. A Member, Delegate, Resident Commissioner, officer, or employee
    of the House may not receive compensation and may not permit
    compensation to accrue to his beneficial interest from any source, the
    receipt of which would occur by virtue of influence improperly exerted
    from his position in Congress.

          4. A Member, Delegate, Resident Commissioner, officer, or employee
    of the House may not accept gifts except as provided by clause 5 of rule
    XXVI.

    [[Page 850]]

          5. A Member, Delegate, Resident Commissioner, officer, or employee
    of the House may not accept an honorarium for a speech, a writing for
    publication, or other similar activity, except as otherwise provided
    under rule XXVI.

          6. A Member, Delegate, or Resident Commissioner--

              (a) shall keep his campaign funds separate from his personal
    funds;

              (b) may not convert campaign funds to personal use in excess
    of an amount representing reimbursement for legitimate and verifiable
    campaign expenditures; and

              (c) may not expend funds from his campaign account that are
    not attributable to bona fide campaign or political purposes.

          7. A Member, Delegate, or Resident Commissioner shall treat as
    campaign contributions all proceeds from testimonial dinners or other
    fund-raising events.

          8. (a) A Member, Delegate, Resident Commissioner, or officer of
    the House may not retain an employee who does not perform duties for the
    offices of the employing authority commensurate with the compensation he
    receives.

          (b) In the case of a committee employee who works under the direct
    supervision of a member of the committee other than a chairman, the
    chairman may require that such member affirm in writing that the
    employee has complied with clause 8(a) (subject to clause 9 of rule X)
    as evidence of compliance by the chairman with this clause and with
    clause 9 of rule X.

    [[Page 851]]

    an individual with respect to compensation, terms, conditions, or
    privileges of employment, because of the race, color, religion, sex
    (including marital or parental status), disability, age, or national
    origin of such individual, but may take into consideration the domicile
    or political affiliation of such individual.
          9. A Member, Delegate, Resident Commissioner, officer, or employee
    of the House may not discharge and may not refuse to hire an individual,
    or otherwise discriminate against

          10. A Member, Delegate, or Resident Commissioner who has been
    convicted by a court of record for the commission of a crime for which a
    sentence of two or more years' imprisonment may be imposed should
    refrain from participation in the business of each committee of which he
    is a member, and a Member should refrain from voting on any question at
    a meeting of the House or of the Committee of the Whole House on the
    state of the Union, unless or until judicial or executive proceedings
    result in reinstatement of the presumption of his innocence or until he
    is reelected to the House after the date of such conviction.

          11. A Member, Delegate, or Resident Commissioner may not authorize
    or otherwise allow an individual, group, or organization not under the
    direction and control of the House to use the words ``Congress of the
    United States,'' ``House of Representatives,'' or ``Official Business,''
    or any combination of words thereof, on any letterhead or envelope.

    [[Page 852]]

    pate personally and substantially as an employee of the House in a
    contact with an agency of the executive or judicial branches of
    Government with respect to nonlegislative matters affecting any
    nongovernmental person in which the employee has a significant financial
    interest.
          12. (a) Except as provided in paragraph (b), an employee of the
    House who is required to file a report under rule XXVII may not partici

          (b) Paragraph (a) does not apply if an employee first advises his
    employing authority of a significant financial interest described in
    paragraph (a) and obtains from his employing authority a written waiver
    stating that the participation of the employee in the activity described
    in paragraph (a) is necessary. A copy of each such waiver shall be filed
    with the Committee on Standards of Official Conduct.

          13. Before a Member, Delegate, Resident Commissioner, officer, or
    employee of the House may have access to classified information, the
    following oath (or affirmation) shall be executed:

              ``I do solemnly swear (or affirm) that I will not disclose any
    classified information received in the course of my service with the
    House of Representatives, except as authorized by the House of
    Representatives or in accordance with its Rules.''

        Copies of the executed oath (or affirmation) shall be retained by
    the Clerk as part of the records of the House.

    [[Page 853]]

    an individual whose compensation is disbursed by the Chief
    Administrative Officer.
          14. (a) In this Code of Official Conduct, the term ``officer or
    employee of the House'' means

          (b) An individual whose services are compensated by the House
    pursuant to a consultant contract shall be considered an employee of the
    House for purposes of clauses 1, 2, 3, 4, 8, 9, and 13 of this rule.

    [[Page 854]]

    app. 504). The threshold and aggregate values in clause 4 were again
    adjusted by section 314(d) of the Legislative Branch Appropriations Act
    for fiscal year 1992 (P.L. 102-90, Aug. 14, 1991). Clause 13 was added
    in the 104th Congress (sec. 220, H. Res. 6, Jan. 4, 1995, p. 468). In
    the 104th Congress clause 4 was rewritten, and a final undesignated
    paragraph defining terms for the former version of clause 4 was deleted,
    to reflect the adoption of a Gift Rule in rule LI (H. Res. 254, Nov. 30,
    1995, p. ----). In the 105th Congress the rule was amended to effect
    three clerical corrections (H. Res. 5, Jan. 7, 1997, p. ----). In the
    106th Congress: (1) clause 8 was amended to permit telecommuting by
    House employees; (2) clause 14 was amended to include consultants among
    employees covered by certain provisions of the code of conduct; and (3)
    clerical and stylistic changes were effected, and the rule was
    transferred from rule XLIII, when the House recodified its rules (H.
    Res. 5, Jan. 6, 1999, p. ----).
      This rule (former rule XLIII) was adopted in the 90th Congress (H.
    Res. 1099, Apr. 3, 1968, p. 8803). The jurisdiction of the Committee on
    Standards of Official Conduct was redefined in the same resolution. The
    rule was amended in the 92d Congress to bring the Delegates from the
    District of Columbia, Guam and the Virgin Islands within the definition
    of ``Member'' (H. Res. 5, Jan. 22, 1971, p. 144; H. Res. 1153, Oct. 13,
    1972, pp. 36021-23). The rule was further amended in the 94th Congress
    by adding clause 9 (H. Res. 5, Jan. 14, 1975, p. 20). Clause 10 was
    adopted in the 94th Congress (H. Res. 46, Apr. 16, 1975, p. 10340). In
    the 95th Congress: (1) clause 4 was amended to change the prohibition
    against acceptance of gifts of ``substantial value''; (2) clause 6 was
    amended to delete from the second sentence the exception ``unless
    specifically provided by law,'' which had been added in the 94th
    Congress (H. Res. 5, Jan. 4, 1975, p. 20); (3) clause 7 was amended to
    eliminate an exception permitting sponsors to give notice of purpose;
    and (4) definitions for purposes of clause 4 were added (H. Res. 287,
    Mar. 2, 1977, pp. 5933-53). Clause 11 was adopted in the 96th Congress
    (H. Res. 5, Jan. 15, 1979, pp. 7-16). In the 100th Congress clause 4 was
    amended to increase from $35 to $50 the value of personal hospitality of
    an individual that is not to be counted when computing the aggregate
    amount of gifts per calendar year, and clause 9 was amended to prohibit
    discrimination in employment based upon age (H. Res. 5, Jan. 6, 1987, p.
    6). In the Ethics Reform Act of 1989: (1) clause 4 was again amended to
    revise the rules governing the acceptance of gifts, including value
    thresholds, waivers, and defined ``relatives''; (2) clause 5 was amended
    to prohibit the acceptance of honoraria effective January 1, 1991; (3)
    clause 6 was amended to specify that campaign funds be used only for
    bona fide campaign or political purposes; (4) clause 8 was amended to
    broaden Members' accountability for the pay and performance of staff;
    (5) clause 9 was amended to conform existing staff antidiscrimination
    rules to the Fair Employment Practices resolution adopted in the 100th
    Congress (now rule LI; see Sec. 1101, infra); (6) clause 12 was added to
    proscribe certain contacts as involving conflicts of interest; and (7)
    the last undesignated paragraph was amended to make conforming changes
    in the definition of ``relative'' (P.L. 101-194, Nov. 30, 1989). The Act
    also established a civil cause of action against an individual who
    violates the limitations on outside earned income and employment (5
    U.S.C.

      For an in-depth discussion of this rule prepared by the Committee on
    Standards of Official Conduct, see the House Ethics Manual (102d Cong.,
    2d Sess.).

      It is not a proper parliamentary inquiry to ask the Chair to interpret
    the application of a criminal statute to a Member's conduct, as it is
    for the House and not the Chair to judge the conduct of Members (Nov.
    17, 1987, p. 32153). The Committee on Standards of Official Conduct has
    opined that ``conviction'' in clause 10 includes a plea of guilty or a
    certified finding of guilty even though sentencing may occur later (H.
    Rept. 94-76).