[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 110th Congress]
[110th Congress]
[House Document 109-157]
[Rules of the House of Representatives]
[Pages 912-922]
[From the U.S. Government Publishing Office, www.gpo.gov]


 

                               Rule XXIII


                        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 
XXV.


[[Page 913]]

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

      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) except as provided in clause 1(b) of rule XXIV, 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.


[[Page 914]]

      (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

          (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.


[[Page 915]]

ceedings result in reinstatement of the presumption of his innocence or 
until he is reelected to the House after the date of such conviction.
      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 pro

      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.

      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.


[[Page 916]]

      (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. 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 Member, Delegate, or Resident Commissioner may not, with the 
intent to influence on the basis of partisan political affiliation an 
employment decision or employment practice of any private entity--

          (a) take or withhold, or offer or threaten to take or 
withhold, an official act; or


[[Page 917]]

          (b) influence, or offer or threaten to influence, the official 
act of another.

      15. (a) Except as provided in paragraph (b), a Member, Delegate, 
or Resident Commissioner may not use personal funds, official funds, or 
campaign funds for a flight on an aircraft.

      (b) Paragraph (a) does not apply if--

          (1) the aircraft is operated by an air carrier or commercial 
operator certificated by the Federal Aviation Administration and the 
flight is required to be conducted under air carrier safety rules, or, 
in the case of travel which is abroad, by an air carrier or commercial 
operator certificated by an appropriate foreign civil aviation authority 
and the flight is required to be conducted under air carrier safety 
rules;

          (2) the aircraft is owned or leased by a Member, Delegate, 
Resident Commissioner or his or her family member (including an aircraft 
owned by an entity that is not a public corporation in which the Member, 
Delegate, Resident Commissioner or his or her family member has an 
ownership interest, provided that such Member, Delegate, or Resident 
Commissioner does not use the aircraft any more than the Member, 
Delegate, Resident Commissioner, or family member's proportionate share 
of ownership allows);


[[Page 918]]

an individual on the basis of personal friendship; or
          (3) the flight consists of the personal use of an aircraft by 
a Member, Delegate, or Resident Commissioner that is supplied by

          (4) the aircraft is operated by an entity of the Federal 
government or an entity of the government of any State.

      (c) In this clause--

          (1) the term ``campaign funds'' includes funds of any 
political committee under the Federal Election Campaign Act of 1971, 
without regard to whether the committee is an authorized committee of 
the Member, Delegate, or Resident Commissioner involved under such Act;

          (2) the term ``family member'' means an individual who is 
related to the Member, Delegate, or Resident Commissioner, as father, 
mother, son, daughter, brother, sister, husband, wife, father-in-law, or 
mother-in-law; and

          (3) the term ``on the basis of personal friendship'' has the 
same meaning as in clause 5 of rule XXV and shall be determined as under 
clause 5(a)(3)(D)(ii) of rule XXV.


[[Page 919]]

another Member, Delegate, or Resident Commissioner. For purposes of this 
clause and clause 17, the terms ``congressional earmark,'' ``limited tax 
benefit,'' and ``limited tariff benefit'' shall have the meanings given 
them in clause 9 of rule XXI.
      16. A Member, Delegate, or Resident Commissioner may not condition 
the inclusion of language to provide funding for a congressional 
earmark, a limited tax benefit, or a limited tariff benefit in any bill 
or joint resolution (or an accompanying report) or in any conference 
report on a bill or joint resolution (including an accompanying joint 
explanatory statement of managers) on any vote cast by

      17. (a) A Member, Delegate, or Resident Commissioner who requests 
a congressional earmark, a limited tax benefit, or a limited tariff 
benefit in any bill or joint resolution (or an accompanying report) or 
in any conference report on a bill or joint resolution (or an 
accompanying joint statement of managers) shall provide a written 
statement to the chairman and ranking minority member of the committee 
of jurisdiction, including--

          (1) the name of the Member, Delegate, or Resident 
Commissioner;

          (2) in the case of a congressional earmark, the name and 
address of the intended recipient or, if there is no specifically 
intended recipient, the intended location of the activity;

          (3) in the case of a limited tax or tariff benefit, 
identification of the individual or entities reasonably anticipated to 
benefit, to the extent known to the Member, Delegate, or Resident 
Commissioner;

          (4) the purpose of such congressional earmark or limited tax 
or tariff benefit; and


[[Page 920]]

sional earmark or limited tax or tariff benefit.
          (5) a certification that the Member, Delegate, or Resident 
Commissioner or spouse has no financial interest in such congres

      (b) Each committee shall maintain the information transmitted 
under paragraph (a), and the written disclosures for any congressional 
earmarks, limited tax benefits, or limited tariff benefits included in 
any measure reported by the committee or conference report filed by the 
chairman of the committee or any subcommittee thereof shall be open for 
public inspection.

      18. (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 921]]

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) and was again amended in the 
109th Congress to conform it to the change in clause 1 of rule XXIV to 
permit campaign funds to be used to defray certain official expenses 
(sec. 2(j), H. Res. 5, Jan. 4, 2005, p. ----). 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. 47). Clause 8(c) was added in the 
107th Congress (sec. 2(t), H. Res. 5, Jan. 3, 2001, p. 24). 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 in 
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)). 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 the last sentence, which was added in the 107th Congress (sec. 
2(t), H. Res. 5, Jan. 3, 2001, p. 24). Clause 18 (which was an 
undesignated paragraph at the end of the rule before

[[Page 922]]

being numbered as clause 14 when 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. 47) and in the 107th Congress to add the last two 
sentences of paragraph (b) (sec. 2(v), H. Res. 5, Jan. 3, 2001, p. 24). 
In the 105th Congress the rule was amended to effect three clerical 
corrections (H. Res. 5, Jan. 7, 1997, p. 121); in the 106th Congress 
clerical and stylistic changes were effected when the rules were 
recodified (H. Res. 5, Jan. 6, 1999, p. 47); 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. 24) and a clerical 
correction to a cross reference in clause 8(b) was effected (sec. 2(x), 
H. Res. 5, Jan. 3, 2001, p. 26). Clauses 14 through 17 were added in the 
110th Congress (secs. 202, 207, H. Res. 6, Jan. 4, 2007, p. ----; sec. 
404(b), H. Res. 6, Jan. 4, 2007, p. ---- (adopted Jan. 5, 2007)). Clause 
15 was amended in its entirety during the 110th Congress (H. Res. 363, 
May 2, 2007, 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. 
47). It was redesignated as rule XXIII in the 107th Congress (sec. 2(s), 
H. Res. 5, Jan. 3, 2001, p. 24). 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

  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 also has 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). In response to a parliamentary inquiry, the Chair 
advised that the operation of clause 16 was not affected by a special 
order of the House waiving various points of order against a measure and 
against its consideration (Mar. 23, 2007, p. ----). 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).