The good news for soon-to-be ex-Rep. Mark Souder: There are no rules that expressly prohibit Members of Congress from sleeping with their staff.
The Indiana Republican announced Tuesday that he had been having an affair with a part-time aide and that he is quitting the House out of shame. GOP staff said Minority Leader John Boehner (R-Ohio) alerted the ethics committee immediately after discussing the affair with Souder on Monday, and Souder announced his resignation Tuesday.
But it turns out the House Ethics Manual has no specific prohibition against Members engaging in romantic relationships with their staff.
There are nepotism rules that prohibit lawmakers from employing their family members, but they apply only to spouses and other relatives, not paramours.
In fact, an example in the House Ethics Manual suggests that the Committee on Standards of Official Conduct, better known as the ethics panel, has considered the prospect of Members dating their staff.
In explaining the nepotism rules, the ethics committee offers this example: Employee G works on Member Fs committee, and Employee G and Member F get married. Employee G may no longer receive compensation from the committee on which Member F serves.
That example implies that as long as they remain unmarried, the committee can continue to pay and Member F can continue to date Employee G.
Of course, there is a difference between being a staffer on a committee and being an employee of the personal office where the Member has full, unilateral control of the payroll, but the rules for that setting are no clearer.
The House Administration Committees employee handbook, which is provided to Members to serve as a basis for their employment policies, offers standard sexual harassment policy provisions. That language is generally focused on unwelcome sexual advances or the creation of a hostile work environment, but not on consensual relationships between an employee and employer.
Congressional ethics experts say that while the rules do not explicitly prohibit sleeping with a staff member, there are plenty of provisions in the rules that would allow someone in Souders position to be punished.
For starters, all Members and employees are required to live by the code of conduct spelled out in the House rules, which begins with the mandate that 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.
Several former ethics committee staffers said this edict alone would have been enough to doom Souder because, clearly, a married Member carrying on an affair with a married employee does not reflect creditably on the House.
But the House Ethics Manual also points out that prior Congresses have interpreted that rule to focus on official, rather than personal, conduct.
The manual offers a list of cases in which this clause of the rules has been enforced, including cases of Members engaging in sexual relationships with House pages (ex-Reps. Gerry Studds and Daniel Crane) and making improper sexual advances to a Peace Corps volunteer (ex.-Rep. Gus Savage), but the list does not include any case of a Member being sanctioned under this clause for having a consensual sexual relationship with a staff member.
Rep. Eric Swalwell, D-Calif., walks on Broadway after a Future Forum with young entrepreneurs in the Flatiron District of New York City, April 16, 2015. Reps. Steve Israel, D-N.Y., Seth Moulton, D-Mass., and Grace Meng, D-N.Y., also attended.