I. OUTSIDE EMPLOYMENT AND INCOME

Overview

House Members and employees are subject to various laws, rules, and standards of conduct concerning their outside employment activities. For example, a key provision of the House Code of Official Conduct (House Rule 23, clause 3) generally prohibits a Member, officer, or employee from using his or her official position for personal gain. Another provision (House Rule 25, clause 1(a)(2)) limits (and in some cases absolutely prohibits) the receipt of honoraria. Furthermore, provisions of the federal criminal code (18 U.S.C. §§ 203, 205) generally prohibit Members, officers, and employees from privately representing others before the federal government. The laws, rules, and standards of conduct applicable to all House Members and employees are discussed in the first part of this chapter.

Members and certain highly compensated staff (referred to as “senior staff” or “very senior staff”) are subject to additional restrictions on the types of paid outside employment they may engage in, as well as an annual limit on the amount of earned income they may receive from their outside employment. In addition, Members and “senior staff” must seek and receive prior Committee approval before engaging in paid teaching or publishing a book. Furthermore, Members and “very senior staff” must notify the Committee on Standards of Official Conduct within three business days after the commencement of any negotiation or agreement for future employment or compensation with a private entity (House Rule 27, clause 1). These individuals are also subject to certain post-employment restrictions after they leave the House (18 U.S.C. § 207(e), (f)). Additional restrictions apply only to Members themselves. For example, a Member who requests an “earmark” or limited tax or tariff benefit must certify that neither the Member nor the Member’s spouse has a financial interest in the provision being requested. Also addressed are the rules on voting by Members in matters involving a personal financial interest. The provisions applicable to Member and highly compensated staff are discussed later in this chapter. The outside of employment considerations for the spouses of Members and staff are discussed at the end of this chapter.