[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 113th Congress]
[113rd Congress]
[House Document 112-161]
[Rules of the House of Representatives]
[Pages 934-946]
[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 behave 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.


[[Page 935]]

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

      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 the campaign funds of such individual separate 
from the personal funds of such individual;

          (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 a campaign account of such individual 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.


[[Page 936]]

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

      (b) In the case of a committee employee who works under the direct 
supervision of a member of the committee other than a chair, the chair 
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 chair 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 the relative of such individual in a paid position; and

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

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


[[Page 937]]

half brother, half sister, grandson, or granddaughter.
      (3) As used in this paragraph, the term ``relative'' means an 
individual who is related to the Member, Delegate, or Resident 
Commissioner as father, mother, son, daughter, brother, sister, uncle, 
aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-
in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, 
stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister,

      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 
such individual 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 the innocence 
of such Member or until the Member is reelected to the House after the 
date of such conviction.


[[Page 938]]

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 to use the words ``Congress of the 
United

      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 the 
employing authority of such employee of a significant financial interest 
described in paragraph (a) and obtains from such 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 Ethics.

      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 939]]

          ``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 as 
part of the records of the House, in the case of a Member, Delegate, or 
the Resident Commissioner, by the Clerk, and in the case of an officer 
or employee of the House, by the Sergeant-at-Arms. The Clerk shall make 
the signatories 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

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

      15. (a) Except as provided in paragraphs (b) and (c), 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--


[[Page 940]]

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;
          (1) the aircraft is operated by an air carrier or commercial 
operator certificated by

          (2) the aircraft is owned or leased by a Member, Delegate, 
Resident Commissioner or a family member of a Member, Delegate, or 
Resident Commissioner (including an aircraft owned by an entity that is 
not a public corporation in which the Member, Delegate, Resident 
Commissioner or a family member of a Member, Delegate, or Resident 
Commissioner 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);

          (3) the flight consists of the personal use of an aircraft by 
a Member, Delegate, or the Resident Commissioner that is supplied by--

              (A) an individual on the basis of personal friendship; or

              (B) another Member, Delegate, or the Resident 
Commissioner;


[[Page 941]]

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

          (5) the owner or operator of the aircraft is paid a pro rata 
share of the fair market value of the normal and usual charter fare or 
rental charge for a comparable plane of comparable size as determined by 
dividing such cost by the number of Members, Delegates, or the Resident 
Commissioner, officers, or employees of Congress on the flight.

      (c) An advance written request for a waiver of the restriction in 
paragraph (a) may be granted jointly by the chair and ranking minority 
member of the Committee on Ethics, subject to such conditions as they 
may prescribe.

      (d) 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


[[Page 942]]

          (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.

      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 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.

      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 chair and ranking minority member of the committee of 
jurisdiction, including--

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


[[Page 943]]

          (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

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

      (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 
chair 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.


[[Page 944]]

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. 
In the case of such an individual who is a member or employee of a firm, 
partnership, or other business organization, the other members and 
employees of the firm, partnership, or other business organization shall 
be subject to the same restrictions on lobbying that apply to the 
individual under this paragraph.

      (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


[[Page 945]]

(sec. 2(j), H. Res. 5, Jan. 4, 2005, p. 43). 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) and expanded 
in the 113th Congress to apply to a defined group of relatives instead 
of just spouses (sec. 2(e)(2), H. Res. 5, Jan. 3, 2013, 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 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 13 was amended in the 
112th Congress to clarify that it does not require the disclosure of 
actual signatures (sec. 2(f), H. Res. 5, Jan. 5, 2011, p. _) and in the 
113th Congress to shift from the Clerk to the Sergeant-at-Arms some 
responsibility for the oath (sec. 2(e)(3), H. Res. 5, Jan. 3, 2013, p. 
_). Clause 18 (which was an undesignated paragraph at the end of the 
rule before 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). Paragraph (b) was amended during the 110th Congress 
with regard to firms, partnerships, and other business organizations 
(sec. 303, P.L. 110-81). 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); 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)

[[Page 946]]

was effected (sec. 2(x), H. Res. 5, Jan. 3, 2001, p. 26); and in the 
112th Congress a technical change was made (sec. 2(f), H. Res. 5, Jan. 
5, 2011, p. _). Clauses 14 through 17 were added in the 110th Congress 
(secs. 202, 207, H. Res. 6, Jan. 4, 2007, p. 19; sec. 404(b), H. Res. 6, 
Jan. 4, 2007, p. 19 (adopted Jan. 5, 2007)). Clause 15 was amended in 
its entirety during the 110th Congress (H. Res. 363, May 2, 2007, p. 
11119) and amended in the 113th Congress to expand paragraph (b) and add 
paragraph (c) (sec. 2(e)(4), H. Res. 5, Jan. 3, 2013, p. _). Gender-
based references were eliminated in the 111th Congress (sec. 2(l), H. 
Res. 5, Jan. 6, 2009, p. 7). An amendment was effected in the 112th 
Congress to reflect a change in committee name (sec. 2(e)(8), H. Res. 5, 
Jan. 5, 2011, 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 (now Ethics) 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). Before 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 95th 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

  For an in-depth discussion of this rule prepared by the Committee on 
Standards of Official Conduct (now Ethics), see the House Ethics Manual 
(110th 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, because 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. 7457). The Committee on 
Standards of Official Conduct 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).