    [Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 107th Congress]
    [107th Congress]
    [House Document 106-320]
    [Rules of the House of Representatives]
    [Pages 860-867]
    [From the U.S. Government Publishing Office, www.gpo.gov]

                                   Rule XXIII

                            code of official conduct

    [[Page 861]]

      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
    XXV.

          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 XXV.

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

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

    [[Page 862]]

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

              (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.

          (c)(1) Except as specified in subparagraph (2)--

              (A) a Member, Delegate, or Resident Commissioner may not
    retain his spouse in a paid position; and

    [[Page 863]]

              (B) an employee of the House may not accept compensation for
    work for a committee on which his spouse serves as a member.

          (2) Subparagraph (1) shall not apply in the case of a spouse whose
    pertinent employment predates the One Hundred Seventh Congress.

          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 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.

          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.

    [[Page 864]]

    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.
          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

          12. (a) Except as provided in paragraph (b), an employee of the
    House who is required to file a report under rule XXVI may not
    participate 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.

          (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:

    [[Page 865]]

    ized by the House of Representatives or in accordance with its Rules.''
              ``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 author

        Copies of the executed oath (or affirmation) shall be retained by
    the Clerk as part of the records of the House. The Clerk shall make
    signatures a matter of public record, causing the names of each Member,
    Delegate, or Resident Commissioner who has signed the oath during a week
    (if any) to be published in a portion of the Congressional Record
    designated for that purpose on the last legislative day of the week and
    making cumulative lists of such names available each day for public
    inspection in an appropriate office of the House.

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

          (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. An
    individual whose services are compensated by the House pursuant to a
    consultant contract may not lobby the contracting committee or the
    members or staff of the contracting committee on any matter. Such an
    individual may lobby other Members, Delegates, or the Resident
    Commissioner or staff of the House on matters outside the jurisdiction
    of the contracting committee.

    [[Page 866]]

    It was again redesignated as rule XXIII in the 107th Congress (sec.
    2(s), H. Res. 5, Jan. 3, 2001, p. ----). The rule was originally 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. Clause 4 was entirely rewritten (and
    definitions for the purpose of clause 4 were deleted) in the 104th
    Congress to reflect the adoption of a Gift Rule (H. Res. 254, Nov. 30,
    1995, p. 35077). Prior to the 104th Congress, clause 4 had been amended
    in the 95th Congress to change the prohibition against acceptance of
    gifts of ``substantial value'' (H. Res. 5, Jan. 4, 1975, p. 20) and
    definitions for purposes of clause 4 were added in the 96th Congress (H.
    Res. 287, Mar. 2, 1977, pp. 5933-53). Those definitions were amended in
    the Ethics Reform Act of 1989 to make conforming changes in the
    definition of ``relative'' (P.L. 101-194). Clause 4 was also amended:
    (1) in the 100th Congress 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 (H. Res. 5,
    Jan. 6, 1987, p. 6); and (2) in the Ethics Reform Act of 1989 to revise
    the rules governing the acceptance of gifts, including value thresholds
    and waivers (P.L. 101-194). Those threshold and aggregate values were
    again adjusted by section 314(d) of the Legislative Branch
    Appropriations Act for fiscal year 1992 (P.L. 102-90). The Ethics Reform
    Act of 1989 (P.L. 101-194) amended clause 5 to prohibit the acceptance
    of honoraria. Clause 6 was amended in the 95th Congress 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). Clause 6 was also amended by the Ethics Reform Act of 1989
    (P.L. 101-194) to specify that campaign funds be used only for bona fide
    campaign or political purposes. Clause 7 was amended in the 95th
    Congress to eliminate an exception permitting sponsors to give notice of
    purpose (H. Res. 5, Jan. 4, 1975, p. 20). The Ethics Reform Act of 1989
    (P.L. 101-194) amended clause 8 to broaden Members' accountability for
    the pay and performance of staff. Clause 8 was again amended in the
    106th Congress to permit telecommuting by House employees (H. Res. 5,
    Jan. 6, 1999, p. ----). Clause 8(c) was added in the 107th Congress
    (sec. 2(t), H. Res. 5, Jan. 3, 2001, p. ----). Clause 9 was added in the
    94th Congress (H. Res. 5, Jan. 14, 1975, p. 20). Clause 9 was amended in
    the 100th Congress to prohibit discrimination in employment based upon
    age (H. Res. 5, Jan. 6, 1987, p. 6) and again the 101st Congress to
    conform existing staff antidiscrimination rules to the Fair Employment
    Practices resolution adopted in the 100th Congress (now contained in the
    Congressional Accountability Act of 1995 (P.L. 104-1; 2 U.S.C. 1301; see
    Sec. 1101, infra)) (P.L. 101-194). Clause 10 was added in the 94th
    Congress (H. Res. 46, Apr. 16, 1975, p. 10340). Clause 11 was added in
    the 96th Congress (H. Res. 5, Jan. 15, 1979, pp. 7-16). Clause 12 was
    added by the Ethics Reform Act of 1989 (P.L. 101-194) to proscribe
    certain contacts as involving conflicts of interest. Clause 13 was added
    in the 104th Congress (sec. 220, H. Res. 6, Jan. 4, 1995, p. 468),
    except

    [[Page 867]]

    the last sentence, which was added in the 107th Congress (sec. 2(t), H.
    Res. 5, Jan. 3, 2001, p. ----). Clause 14 (which was an undesignated
    paragraph at the end of the rule before the rules were recodified in the
    106th Congress) was amended in the 92d Congress to bring the Delegates
    and Resident Commissioner within the definition of ``Member'' (H. Res.
    5, Jan. 22, 1971, p. 144; H. Res. 1153, Oct. 13, 1972, pp. 36021-23). It
    was again amended in the 106th Congress to include consultants among
    employees covered by certain provisions of the code of conduct (H. Res.
    5, Jan. 6, 1999, p. ----) in the 107th Congress to add the last two
    sentences of clause 14(b) (sec. 2(v), H. Res. 5, Jan. 3, 2001, 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
    clerical and stylistic changes were effected when the rules were
    recodified (H. Res. 5, Jan. 6, 1999, p. ----); and in the 107th Congress
    conforming changes were made to reflect the redesignation of several
    rules (sec. 2(s), H. Res. 5, Jan. 3, 2001, p. ----) and a clerical
    correction to a cross reference in clause 8(b) was effected (sec. 2(x),
    H. Res. 5, Jan. 3, 2001, p. ----).
      This rule was transferred from rule XLIII to rule XXIV when the House
    recodified its rules in the 106th Congress (H. Res. 5, Jan. 6, 1999, p.
    ----).

      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.). The committee has also compiled a complete statement of the
    rules on gifts and travel, which supersedes Chapter 2 of the 1992 House
    Ethics Manual (Gifts and Travel, 106th 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).