A Member, officer or employee of the House must never

• solicit a gift from any person who has interests before the House,

• accept a gift that is linked to any official action that the individual has taken, or is being asked to take, or

• accept any other gift, unless acceptance is specifically allowed under one of the provisions of the House gift rule.

Under the House gift rule, a Member, officer or employee may accept a gift (other than cash or cash equivalent) that has a value of less than $50, and gifts having a cumulative value of less than $100 from a single source in a calendar year. Gifts having a value of less than $10 do not count toward the annual limit of less than $100.

The gift rule also allows the acceptance of the following specific kinds of gifts and other things of value:

• Gifts based on personal friendship, under criteria set forth in the rule (but gifts over $250 in value may not be accepted on this basis unless a written determination is obtained from the Committee on Standards of Official Conduct),

• Free attendance at charity, political or officially related "widely attended" events, if offered by the sponsor of the event,

• Free attendance at receptions,

• An item of "nominal" value (i.e., a T-shirt or baseball cap),

• Books and other informational material,

• Anything paid for by the Federal Government, or by a state or local government,

• Personal hospitality in a private home (except from a registered lobbyist or foreign agent),

• Gifts from relatives, or from other Members or staff,

• A gift from a foreign government that is a souvenir or mark of courtesy, provided that its value does not exceed $260.

[Note: The matter of acceptance of travel and travel expenses is covered in the next chapter of this booklet.]

As a general rule, when a Member, officer or employee receives a gift that cannot be accepted under the gift rule, he or she must either pay the donor the market value for the gift, or return the gift to the donor promptly. However, a perishable item may be donated to charity or destroyed.

In addition, the Code of Ethics for Government Service admonishes all Federal officials never to accept favors or benefits in circumstances that might create the appearance of influencing the performance of official duties.

Members of the House may not treat receipts from fundraisers or testimonials as unrestricted personal gifts, but rather must treat such receipts as campaign contributions, which may not be used for either personal or official congressional purposes.

A gift to a spouse, dependent or other individual will be deemed a gift to the Member, officer or employee if the gift was given with the knowledge and acquiescence of the official, and the official has reason to believe the gift was given because of his or her official position.

Members, officers and certain House employees must file annual financial disclosure reports, and among the items that must be disclosed in those reports are the source and value of certain gifts received.

A 1951 report entitled Ethical Standards in Government, issued by a Senate subcommittee headed by Senator Paul H. Douglas, articulated some of the basic concerns that arise regarding acceptance of gifts by public officials:

In 1989 the House Bipartisan Task Force on Ethics articulated an additional concern: that gifts to Members may create an appearance of impropriety that may undermine the public’s faith in government:

In a 1994 Senate committee report on a gift reform proposal, provisions imposing special restrictions on gifts from lobbyists were justified as follows:

However, as the Douglas Subcommittee also recognized, Members and staff historically have been offered a number of gifts that do not raise any genuine ethical concern, including relatively inexpensive gifts that are presented merely as a souvenir of a visit or as a mark of honor or respect. Particularly where the offeror is either a constituent or an acquaintance who is not seeking any official action from the Member, a rule requiring Members to decline gifts of this nature could result in needless embarrassment or hurt feelings.

Since 1968 the House rules have included provisions that impose explicit limits on the ability of Members, officers and employees to accept gifts. This chapter is substantially devoted to the gift rule currently in effect. However, while the gift rule includes a number of provisions relating to travel by Members, officers and employees – including travel paid by a private source, a state or local government, or a foreign government – those gift rule provisions are addressed in the next chapter, which concerns the matter of travel generally.

Since 1989 there has been a statutory underpinning to the House gift rule. A provision of the Ethics Reform Act of 1989, codified at 5 U.S.C. § 7353, generally prohibits Federal officials, including House Members and staff, from soliciting or accepting anything of value, except as provided in rules and regulations issued by their supervising ethics office. Under that statute, both the Standards Committee and the House as a whole constitute the supervising ethics office for House Members, officers and employees. Thus the House gift rule defines the gifts that Members, officers and employees may accept consistent with the provisions of 5 U.S.C. § 7353.

The statutory gift provision, 5 U.S.C. § 7353, also reflects two key prohibitions regarding gifts that each House Member, officer and employee should be familiar with, as follows.

2. Never solicit a gift from any person who has interests before the House. 5 U.S.C. § 7353 limits not only what government officials may accept, but also that for which they may ask. The statute provides in pertinent part:

While the House gift rule defines what Members, officers and employees may accept in the way of gifts, the rule does not authorize them to ask for any gift. The prohibition against solicitation is very broad. It applies to the solicitation not only of money, but "anything of value." In addition, the prohibition covers solicitations of things for the personal benefit of the Member, officer or employee, as well as things that would involve no personal benefit. However, as is explained in a Standards Committee advisory memorandum of April 25, 1997, the Committee has determined that Members and staff may solicit on behalf of charitable organizations qualified under § 170(c) of the Internal Revenue Code, subject to certain restrictions. The Committee will consider requests to make solicitations for other purposes, but as a general rule, the Committee will not approve a solicitation that would result in any personal or financial benefit to Members and/or staff.

Other prohibitions. The Code of Official Conduct prohibits a Member, officer, or employee from receiving any benefit "by virtue of influence improperly exerted from his position in Congress."⁸  Similarly, the Code of Ethics for Government Service (¶ 5) admonishes every Government employee, "Never discriminate unfairly by the dispensing of special favors or privileges to anyone, whether for remuneration or not; and never accept for [oneself] or [one’s] family, favors or benefits under circumstances which might be construed by reasonable persons as influencing the performance of his governmental duties."

This Committee has cautioned all Members "to avoid situations in which even an inference might be drawn suggesting improper action."⁹  In this regard, Members, officers and employees must always exercise discretion concerning the acceptance of gifts or favors from persons who are not relatives, and particularly gifts or favors that would not have been offered "but for" the individual’s position in Congress. Among the factors that one must consider are the source and value of a gift, the frequency of gifts from one source, the possible motives of the donor, and possible conflicts of interest with official duties.¹⁰ 

From January 1, 1992 through December 31, 1995, the gift rule prohibited a Member, officer, or employee from accepting gifts worth a total of more than $250 from any one source in any one year. However, under that rule, there was a range of gifts that Members and staff could accept without regard to this annual limitation, including any gift worth $100 or less, gifts of personal hospitality, and gifts from relatives.¹³  Also exempted from the annual limitation, pursuant to § 801(e) of the Ethics Reform Act were "gifts of food and beverages consumed not in connection with gifts of lodging," i.e., "local meals," without any restriction as to cost or the source of the payment.

• "First, public opinion holds Congress as an institution in low esteem. Much of the rationale for the historic decline in public trust in the institution is due to a perception that special interest groups maintain undue influence over the legislative process, and Members of Congress are granted perquisites and privileges unavailable to average Americans."

• "Second, there is a recognition that Congress has fallen behind the executive branch in the area of gift reform. For example, executive branch employees are permitted to accept unsolicited gifts having a market value of $20 or less per occasion, provided that the aggregate market value of individual gifts received from any one person shall not exceed $50 in a calendar year."

• "Third, the Senate has already enacted a comprehensive gift ban rule," referring to the action of the Senate in July 1995 in adopting a gift rule nearly identical to that reported by the Rules Committee.¹⁵ 

One of the proponents of tightening the gift rule argued that the regular acceptance of meals and tickets from lobbyists was objectionable not merely because it created an appearance problem. Rather, he argued, such conduct is also objectionable because it impacts policy, albeit in a subtle and indirect way. Through such gifts, he asserted, lobbyists "are buying access, and access is power. . . . . [T]hey buy good will, even if they do not buy access directly. And good will is also power. It can mean the difference between getting your calls returned or your letter taken seriously, and that can translate to millions, even billions of dollars, at the expense of ordinary Americans who have no lobbyists to represent them."¹⁶ 

As is detailed below, the rule includes one general provision on acceptable gifts, and 23 provisions that describe additional, specific kinds of gifts that may be accepted.

• The general provision states that a Member, officer or employee may accept virtually any gift valued below $50, with a limitation of less than $100 in gifts from any single source in a calendar year. Gifts having a value of less than $10 do not count toward the annual limit.

• The other 23 categories of acceptable gifts are descriptive categories, not tied to any specific dollar figure. Among those categories are, for example, informational materials, commemorative items, and free attendance at certain kinds of events.

A gift that satisfies all of the requirements of one of the 23 specific categories is acceptable even if its value is $50 or more, and the value of such a gift does not count against the donor’s annual gift limit established under the general gift provision.

Among the gift items as to which Members and staff need to be especially careful under the rule are small group and one-on-one meals, tickets to (or free attendance at) sporting events and shows, and recreational activities, such as a round of golf. Gifts of these kinds are rarely acceptable under one of the 23 specific categories of acceptable gifts. Instead, in most cases they are acceptable, if at all, only under the general provision allowing the acceptance of a gift valued at less than $50, subject to the annual limitation of less than $100 in gifts from any one source in any calendar year.

Discussion of each of the provisions of the House gift rule follows. A number of them are based on provisions of the Executive Branch gift rules (5 C.F.R. Part 2635, Subpart B), which were originally issued in 1992. In applying the provisions of the House gift rule, it must be borne in mind that under the House Code of Official Conduct (clause 2 of House Rule 24), Members and staff must adhere not only to the letter, but also to the spirit of the rules of the House and its committees. This requirement certainly applies with regard to the gift rule. It should also be noted that Members are entirely free to establish and maintain, for themselves and their staff, rules on the acceptance of gifts that are more restrictive than those set forth in the House gift rule.

The rule defines the term "gift" in an extremely broad manner. Specifically, the term is defined (in clause 5(a)(2)(A) of House Rule 26) to mean the following:

This provision goes on to state,

Accordingly, when a Member, officer or employee is offered a tangible item, a service, or anything else, he or she must first determine whether the item has monetary value. If it does, then the individual may accept it only in accordance with provisions of the gift rule. This is so even if the donor happened to obtain the gift without charge.

As a general matter, attendance at an event such as a meeting or a briefing will not be deemed to have monetary value in itself, unless the sponsoring organization charges an admission fee for the event. However, any food or refreshments served at the event do have monetary value and may be accepted only pursuant to one of the provisions of the gift rule. Accordingly, there may well be circumstances in which a Member may attend an event, but would be required to decline or to pay for a meal that is served at the event.

As detailed below, the restrictions of the gift rule do not apply to "[a]nything for which the [official] pays the market value" (clause 5(a)(3)(A) of House Rule 26). Accordingly, there can be an improper gift to a Member, officer or employee where, for example, he or she is sold property at less than market value, or receives more than market value in selling property. There can also be an improper gift where a Member or staff person is given a loan at a below-market interest rate, or, in the context of employment, where one does not provide services commensurate with the compensation paid.

In General. The rule by its terms applies to all Members, Delegates, officers and employees of the House, and the Resident Commissioner of Puerto Rico.¹⁸  Under clauses 4 and 14(a) of House Rule 24, the term "officer or employee" means any individual whose compensation is disbursed by the Chief Administrative Officer of the House. In addition, under clause 14(b) of House Rule 24, individuals whose services are compensated by the House pursuant to a consultant contract are subject to the gift rule. As a general rule, a newly elected House Member becomes subject to the House rules when his or her pay and allowances begin: on January 3 for those elected in a regular election, and the day following a special election for those elected to fill a vacant seat.

The gift rule applies with full force to every employee of the House – employees in district offices as well as those in the Washington office; and permanent employees as well as non-permanent employees, including part-time employees, paid interns, and employees who are on Leave Without Pay status.

As a general matter, the gift rule does not by its terms apply to an individual who serves in a House office without being paid by the House, i.e., a volunteer, fellow or unpaid intern. (See pp. 195-200 of the House Ethics Manual on the rules governing the use of such unpaid individuals.) However, the Standards Committee strongly advises that each office utilizing the services of such an individual require that he or she adhere to all of the rules applicable to House employees, including the gift rule.

As to Executive Branch fellows, the Standards Committee understands that they continue to be bound by the gift and travel rules of their employing agency. Executive Branch employees who are detailed to a House committee under 2 U.S.C. §72a(f) should consult with both their Designated Agency Ethics Official and the Standards Committee on the rules applicable to them.

Applicability to Spouses, Family Members and Others. Under certain circumstances, a gift to a family member of a Member, officer or employee – or, for that matter, any other individual – will be deemed a gift to the official, and hence will be subject to the restrictions of the gift rule. Under clause 5(a)(2)(B)(i) of House Rule 26, a gift to a family member or another individual will be deemed to be a gift to the official where two circumstances are present:

• the gift was given with the knowledge and acquiescence of the Member or staff person, and

• the Member or staff person has "reason to believe the gift was given because of his official position" with the House.

Subject to the limitations noted below, a Member, officer or employee may accept a gift, other than cash or cash equivalent, having a value of less than $50. However, there is a limitation on the cumulative value of gifts that may be accepted from any one source in a calendar year, with that annual limitation being less than $100. Gifts having a value of less than $10 do not count toward the annual limit. While the rule does not require Members and staff to maintain formal records of the gifts accepted under this provision, the rule does require that Members and staff make a good faith effort to comply with its terms. (Clause 5(a)(1)(B) of House Rule 26)

The figures of $50, $100 and $10 are actually dollar limits of, respectively, $49.99, $99.99 and $9.99. Gifts of "cash or cash equivalent" are not acceptable under this provision. Hence, under this provision, one may not accept a gift of cash or, for example, a check, use of a credit card, or a security, even if the gift would be within the stated dollar limitations.

In accepting any gift under this provision of the rule, a Member, officer or employee must comply with the following interpretative rules:

No "buydowns." A Member or staff person may not "buy down" the value of a gift in order to bring it within the dollar limitations of the provision.

However, where an individual is offered a gift with a value of $50 or more that is naturally divisible – such as multiple tickets to an event, or bottles of wine – the individual may accept one or more items that total less than $50 in value and either pay market value for or decline the others.

The "source" of a gift. A gift received from an individual affiliated with an organization – such as a member of a law firm or an employee of a corporation – counts against the annual gift limitation of both the individual and the organization.

"Simultaneous gifts." Generally, when multiple items, each individually worth less than $50, are offered simultaneously to any individual, the "gift" being offered is deemed to be the aggregate of all the items.

Valuation of gifts. As is generally the case under the gift rule, items are valued at their retail, rather than wholesale price. The lowest price at which an item is available to the public may be used. However, for the purpose of simplicity, tax that would be imposed on the sale of the item, as well as gratuities, are excluded in determining the value of any gift.

Recipient of a gift. At times a question may arise as to who is the recipient of a gift: a Member, or individual members of his or her staff. As a general matter, this question is to be decided according to the expressed intent of the donor. Thus, for example, where an individual delivers several tickets to a sporting event to an office and indicates that the tickets are for use by the staff, the tickets are treated as a gift to each individual staff person who uses them, rather than as a single gift to the Member. If, however, the donor indicates that the tickets are for the Member’s use, all of the tickets will be treated as a gift to the Member.

A different rule applies, however, in at least two circumstances:

• where food, such as pizza, is delivered to a House office for consumption by staff, and

• where a House office fields a team in, for example, a local softball league or joins with others in fielding a team, and an outsider offers to sponsor the team by providing caps, T-shirts or other benefits to team members.

In both of these instances, the food or other benefits provided to the staff members are treated as one gift to the employing Member, valued at their total fair market retail value. Any such gift is acceptable only if its total value is less than $50, and the Member may not accept gifts from that source having a value of $100 or more in a calendar year. Thus, for example, if a company sends six $10 pizzas to a committee staff, the food would be deemed a gift to the committee chairman valued at $60 and hence could not be accepted.

Two other points should be made here, one on food sent to a House office, and the other on team sponsorship. First, even if a gift of food sent to a House office complies with the dollar limits of the gift rule (i.e., has a value of less than $50), staff members may not accept such a gift from a person having a direct interest in particular legislation that the staff is working on at the time. Acceptance of such a gift in these circumstances may implicate the illegal gratuities statute, which prohibits acceptance of gifts for or because of an official act. Second, with regard to sponsorship of a House office team, an offer of an outsider to pay any league entry fee may not be accepted.

Adhering to the spirit of the rule. Under the House Code of Official Conduct, Members and staff must adhere to the spirit as well as the letter of the Rules of the House (clause 2 of House Rule 24). To repeatedly accept gifts valued at under $10 from a source would violate the spirit of the gift rule and hence be impermissible.

Where a gift satisfies each of the requirements of any of the specific provisions of the gift rule on acceptable gifts – for example, a book under the "informational materials" provision (clause 5(a)(3)(I) of House Rule 26) – the gift may be accepted even if its value is $50 or more. Furthermore, in that circumstance, the value of the gift does not count against the donor’s annual gift limitation of less than $100.

Under another provision of the gift rule (clause 5(a)(2)(B)(ii) of House Rule 26), where a meal is provided to a Member or staff member and his or her spouse or dependent at the same time and place, only the value of the meal provided to the Member or staff member is treated as a gift and counts against the dollar limitations of this provision.

The various specific categories of gifts that Members, officers and employees may accept under the gift rule are set forth in clause 5(a)(3) of House Rule 26. These categories may be summarized as follows.

A Member, officer or employee may accept anyPersonal Friendship gift that is given by an individual on the basis of personal friendship, unless the official has reason to believe that, under the circumstances, the gift was provided because of his or her official position with the House, and not because of the personal friendship (clause 5(a)(3)(D) of House Rule 26). However, a gift exceeding $250 in value – including, for example, a trip – may not be accepted on the basis of personal friendship unless the Standards Committee issues a written determination that the personal friendship provision applies (clause 5(a)(5) of House Rule 26).

This provision of the gift rule further states that in determining whether a gift is provided on the basis of personal friendship, a Member or staff person must consider the circumstances under which the gift was offered, such as (1) the history of his or her relationship with the donor, including any previous exchange of gifts, (2) whether, to the official’s knowledge, the donor personally paid for the gift, or whether the donor sought a tax deduction or business reimbursement for it, and (3) whether, to the official’s knowledge, the donor at the same time gave the same or similar gifts to other Members or staff.

The word "friend" may be used in different ways, and at times this provision of the gift rule has been mischaracterized as requiring Members and staff to decide who is, and who is not, a "friend." Instead, where a Member or staff person wishes to rely on this provision of the rule, he or she must consider each gift individually – whether a meal, tickets to a game, or anything else – and he or she must determine whether that particular gift was offered "on the basis of personal friendship." That determination is to be made using the criteria set forth in the rule.

As noted above, where a Member, officer or employee wishes to accept a gift on the basis of the personal friendship provision, and the value of the gift exceeds $250, the official must first obtain the written approval of the Standards Committee. This requirement may apply where, for example, one wishes to accept a friend’s invitation to go on a vacation trip. (However, gifts from one’s fiancé or fiancée are acceptable under the rule’s provision on gifts from relatives, and so the requirements of the personal friendship provision need not be observed regarding those gifts.)

The Standards Committee will grant written approval for a personal friendship gift exceeding $250 in value only in response to a written request. The request should identify the donor and briefly describe the history of the relationship and the nature of the gift. The request should also state whether the donor will be paying for the gift personally. Under Committee Rule 3(i), the Committee keeps confidential any such request and the Committee’s response. (Indeed, this confidentiality requirement applies to any advisory opinion request made by a Member, officer or employee and the response thereto.) However, as noted below in the section on "Gift Disclosure," Members and officers, as well as employees who are required to file a Financial Disclosure Statement, will have to disclose any gift exceeding $260 in value on their statement, unless the Committee grants a waiver of the reporting requirement.

Under provisions of the gift rule and related general waivers granted by the Standards Committee, Members, officers and employees may accept invitations to the following kinds of events, provided that certain requirements are satisfied:

• a "widely attended" event, where the individual’s attendance is in connection with the performance of his or her official duties,

• a charity fundraising event,

• a fundraising or campaign event sponsored by a political organization,

• an educational event sponsored by a university, foundation, or similar non-profit, non-advocacy organization, or

• a regularly scheduled event sponsored by a constituent organization.

Members and staff can accept a meal at these kinds of events, provided that the applicable requirements are satisfied. The circumstances in which an invitation to these events may be accepted are detailed below. As will be seen, one common limitation in these gift rule provisions and waivers is that invitations can be accepted only from the organization that is actually sponsoring the event. An invitation cannot be accepted from an individual or organization that merely bought a block of tickets to or a table at the event.

As to the first of these requirements, the Standards Committee has determined that an event is "widely attended" if (a) there is a reasonable expectation that at least 25 persons, other than Members, officers or employees of Congress, will attend the event, and (b) attendance at the event is open to individuals from throughout a given industry or profession, or those in attendance represent a range of persons interested in a given matter.²²  Individuals who are officials of other branches or levels of government count toward the required minimum of twenty-five, but spouses and others who accompany the congressional members and staff do not count toward the required minimum.

The types of events that typically satisfy this first requirement are Chamber of Commerce and Rotary Club lunches and dinners, and meetings of the membership of trade or professional associations.

As to the second requirement, the term "sponsor" refers to the person, entity or entities that are primarily responsible for organizing the event. An individual or entity that merely contributes money to an event is not considered to be a sponsor of the event for purposes of the gift rule. Elaboration on this requirement appears below, in the section entitled "Source of Invitations for Widely Attended and Charity Events."

The third requirement is satisfied where (a) the Member, officer or employee will be participating in the event by speaking or performing a ceremonial role, or (b) he or she determines that attendance at the event is appropriate to the performance of his or her official duties or representative function. The responsibility for making this determination rests with the invited Member or officer, or the invited employee and his or her employing Member, but the determination must be made in a reasonable manner. Some relevant factors might include the opportunity to meet with constituents at the event, the desirability of representing one’s constituency at an event where other elected or appointed officials will be present, or the opportunity to present or receive information that is pertinent to one’s district or to a legislative proposal. With regard to a staff member, the nature of his or her duties in the office will be a relevant factor. For example, attendance at a dinner sponsored by an environmental organization may well be appropriate for a staff member who handles environmental issues, but not for a staff member who handles banking issues only.

Where the requirements of the widely attended event provision are satisfied, a Member or staff person may also accept a sponsor’s unsolicited offer of free attendance at the event for an accompanying individual (clause 5(a)(4)(B) of House Rule 26). While the accompanying individual need not be the spouse or child of the invitee – it may be, for example, a friend or a colleague – the rule provides for only one accompanying individual. Thus, for example, an invitee may not accept an offer of free attendance for both his or her spouse and child under this provision.

First, in order to be a "charity event" as that term is used in the rule, the primary purpose of the event must be to raise funds for an organization that is qualified under section 170(c) of the Internal Revenue Code to receive tax deductible contributions. In other words, the event must be a bona fide charity fundraiser. While charity events may take different forms, generally speaking such an event will be one to which invitations are issued and for which individuals are charged set rates to attend.

Second, as noted above, Members and staff may accept an invitation to a charity event only from the sponsor of the event. As with widely attended events, the sponsor of a charity event is the person or persons primarily responsible for organizing the event, and a person who simply contributes money or buys tickets to an event is not considered a sponsor of that event. This matter is elaborated on below, in the section entitled "Source of Invitations for Widely Attended and Charity Events."

Third, the sponsor’s invitation to attend the event must be unsolicited.

Fourth, the rule specifically prohibits Members and staff from accepting reimbursement for transportation or lodging in connection with their attendance at any charity event. Local transportation may be accepted from the event sponsor, however.

Where the requirements of the charity event provision are satisfied, a Member or staff person may also accept an unsolicited invitation to the event for his or her spouse or a dependent.

"Free Attendance" for Purposes of Widely Attended and Charity Events. The gift rule provides that where the requirements set forth above are satisfied, Members, officers and employees may accept "free attendance" at the event. As used in the rule, free attendance includes "waiver of all or part of a conference or other fee, the provision of local transportation, or the provision of food, refreshments, entertainment, and instructional materials furnished to all attendees as an integral part of the event." (clause 5(a)(4)(D) of House Rule 26). However, this term does not include either "entertainment collateral to the event," or "food or refreshments taken other than in a group setting with all or substantially all other attendees." (id.).

At times at charity fundraising events in particular, the sponsor may offer attendees a souvenir, gift or prize. A Member or staff person may accept a baseball cap or T-shirt from the event sponsor under the "nominal value" provision of the gift rule, which is summarized below. In addition, under the general provision on acceptable gifts, as explained above, the official may also accept an item that has a value of less than $50 (provided that he or she has not accepted other gifts from the sponsor that would cause the annual gift limit of less than $100 per source to be exceeded).

In charity golf tournaments, the sponsor may also offer so-called "skill" prizes, such as for the lowest score in the tournament, or for a hole-in-one. As a general matter, such prizes may be accepted, provided that most of the attendees at the event are individuals other than Members of Congress or staff and their guests. However, such prizes are deemed to be earned income, and they count against the outside earned income limitation applicable to Members and senior staff. In addition, the prizes must be disclosed as earned income on the Financial Disclosure Statement of any individual who is required to file one (Members, officers and senior staff).

Source of Invitations for Widely Attended and Charity Events. The gift rule is clear that Members, officers and employees may accept an invitation to a widely attended or charity event only from the sponsor of the event. The report of the House Rules Committee on the gift rule defines the term "sponsor" as follows:

Accordingly, under the gift rule, the term "sponsor" has a definition that is narrower than the manner in which it is commonly used. Often the large financial supporters of an event are termed as "sponsors" of the event. However, such entities are not sponsors of an event for purposes of the gift rule unless they also have a substantial role in organizing the event.²⁷ 

Contributors to a widely attended or charity event may request that the sponsor invite particular Members or staff to sit with them at the event. However, the invitation will not be acceptable under these provisions unless the sponsor retains ultimate control of the guest list and the seating arrangements, and the invitation neither references any contributor nor is extended by anyone other than the sponsor. Put another way, all communications with Members or staff regarding the event should be made by the event sponsor, because a communication from an event contributor may be deemed an impermissible invitation from the contributor.

The Standards Committee has made an exception to the above rules on the proper source of invitations for the large media-related events that take place in Washington, such as the White House Correspondents’ Dinner sponsored by the Correspondents’ Association. Traditionally invitations to those events are extended not by the sponsoring organization, but instead by journalists and/or news organizations that are members of the sponsoring organization. Accordingly, the Committee has granted a general gift rule waiver to enable a House Member or staff person to accept an offer of free attendance at one of these media-related events from a journalist or a news organization that is a member of the media organization sponsoring the event.

Fundraising or Campaign Events Sponsored by Political Organizations. Members, officers and employees may accept food, refreshments and other benefits provided by a political organization in connection with a fundraising or campaign event sponsored by that organization (clause 5(a)(3)(G)(iii) of House Rule 26). Under this provision, Members, officers and employees may also accept transportation and lodging from the sponsoring political organization in connection with such an event, but the matter of travel is addressed in the next chapter of this booklet. The term "political organization" is defined in this provision by reference to § 527(e) of the Internal Revenue Code.²⁸ 

Under this provision of the gift rule, like the provisions concerning widely attended and charity fundraising events, Members and staff may accept an invitation only from the event sponsor. They may not accept a ticket from a person that has simply donated money or purchased tickets to the event.

Educational Events. Soon after the gift rule took effect, the Standards Committee recognized that there are certain events that are worthwhile for Members or staff to attend, but that do not meet the numeric requirement for widely attended events (i.e., at least 25 non-congressional attendees). Among such events are those designed for a small group in order to facilitate discussion. Accordingly, the Committee granted a general gift rule waiver allowing Members and staff to accept invitations to events (including meals offered as part of these events) that, while they do not meet the numeric requirement for widely attended events, are

• educational (for example, lectures, seminars and discussions), and

• sponsored by universities, foundations, "think tanks," or similar non-profit, non-advocacy organizations.

As under the gift rule provisions summarized above regarding events, Members and staff may accept such an invitation from the event sponsor only.

In keeping with the gift rule’s intent, this waiver does not extend to meals in connection with presentations sponsored by lobbyists, lobbying firms or advocacy groups. Moreover, this waiver does not extend to meals in connection with legislative briefings or strategy sessions, even if the sponsoring entity has educational status under the Tax Code.

Events with Constituent Organizations. The Standards Committee has also recognized that the gift rule was not intended to interfere with Members carrying out their conventional representational duties, and that meetings or events with constituent organizations may sometimes be attended by only a few constituents, particularly where the organization is from a state with a small or diffuse population. Such events may not satisfy the numeric requirement for widely attended events.

Accordingly, the Committee has also granted a general waiver for Members and staff to accept free attendance (including meals) at meetings or events sponsored by constituent organizations, regardless of the number of constituents in attendance or the location of the event, provided that the meeting or event is:

• regularly scheduled (such as an annual visit to Washington, D.C.),

• related to the official duties or representative function of the Member or employee attending the event, and

• open to members of the constituent organization (as opposed to only officers or board members).

Examples of constituent organizations covered by this waiver include, but are not limited to, civic associations, senior citizens organizations, veterans groups, and business, trade or professional associations (for example, associations of lawyers, nurses, bankers, teachers, or farmers).

Members, officers and employees may accept "[f]ood or refreshments of a nominal value offered other than as a part of a meal" (clause 5(a)(3)(U) of House Rule 26). Under this provision, the kinds of food and refreshments usually offered at receptions (such as hors d’oeuvres, appetizers and beverages), and morning meetings (coffee, juice, pastry or bagels), may be accepted.²⁹ 

However, the limitations of this provision should also be noted. The provision does not allow the acceptance of a meal, or of food or refreshments offered as part of a meal. Thus even a low-cost meal (for example, sandwiches or hot dogs) may not be accepted under this provision. In addition, the provision does not allow the acceptance of food or refreshments that exceed "a nominal value." As to food or refreshments having a value greater than the examples given above, a question can arise as to whether their value is "nominal."

The Standards Committee has recognized that at times in the course of performing one’s official duties at House expense, a Member or staff person will be offered a de minimis amount of food or transportation as a courtesy. For example, one might be offered a meal in the company cafeteria while touring a facility in one’s district, or a ride from the airport to a site being visited as part of a committee-sponsored trip. In the Committee’s view, the acceptance of such occasional, incidental courtesies does not violate the spirit of the gift rule. Accordingly, the Committee has granted a general waiver of the gift rule to enable a Member, officer or employee to accept the following items incidental to legitimate official activity:

• food or refreshments, including a meal, offered by the management of a site being visited, (1) on that business’s premises, and (2) in a group setting with employees of the organization; and

• local transportation, outside of the District of Columbia, provided by the management of a site being visited in the course of official duties, between the airport or other terminus and the site.

However, this waiver does not extend to car service made available from the same source on a regular basis, transportation in the District of Columbia, or meals at the Washington, D.C.-area offices of lobbying or law firms.

In addition, acceptance of these items will not be deemed to violate the prohibition against private subsidy of official activities (formerly House Rule 45, and now set forth in clauses 1-3 of House Rule 25). In this regard, it should be stressed that this waiver applies where a Member or staff person is traveling in his or her own district, or is traveling elsewhere at House expense. As is detailed in the chapter on travel, where a Member or staff person is taking an officially related trip at the expense of a private source consistent with the provisions of the gift rule, he or she may generally accept meals and transportation from that source without the limitations noted above. However, where officially related travel is appropriately paid for by a private source, all of the expenses paid by the private source must be publicly disclosed.

Members, officers and employees may accept "[a]n item of nominal value such as a greeting card, baseball cap, or a T-shirt" (clause 5(a)(3)(W) of House Rule 26). Through the 105^th Congress, the Committee permitted Members and staff to accept a variety of low value, tangible items under this provision. With the adoption of the general gift rule provision at the start of the 106^th Congress, however, such a reading of the nominal value provision is no longer appropriate. Accordingly, as a general matter, Members and staff should not rely on the nominal value provision in accepting any item having a value of $10 or more, except for the items that are explicitly referred to in that provision, i.e., a baseball cap or a T-shirt. Instead, any such item will count against the donor’s annual gift limit.

"A plaque, trophy, or other item that is substantially commemorative in nature and that is intended for presentation" may be accepted (clause 5(a)(3)(S) of House Rule 26). There are several points to note regarding this provision.

First, in contrast to other provisions of the gift rule, this one refers to "presentation," and thus the concept of the provision is that there will be an in-person presentation of the item to the Member or staff person.

Finally, as a general matter, the items acceptable under this provision may not have significant utilitarian or artistic value. Thus, for example, a television set would not be acceptable under this provision, no matter how elaborate an inscription appears on the item. The types of items that can be accepted under this provision, if commemorative in nature by reason of an inscription or otherwise, include a framed photo or print, a figurine, or a clock.

Where a Member or staff person is presented with an item of unusually high value, or receives information that a group intends to present an item of such value, the official should contact the Standards Committee for guidance. A commemorative item that exceeds $260 in value will have to be disclosed on Schedule VI of one’s annual Financial Disclosure Statement (see the section on "Gift Disclosure" below).

A Member, officer or employee may accept "[i]nformational materials that are sent to [his or her] office . . . in the form of books, articles, periodicals, other written materials, audiotapes, videotapes, or other forms of communication" (clause 5(a)(3)(I) of House Rule 26). The purpose of this provision is to ensure that Members have access to information sources or reference tools useful in the conduct of official duties. Several points should be noted regarding informational materials.

First, under long-standing Committee guidance, a subscription to a periodical may be accepted only from the publisher or distributor of the periodical. In other words, Members and staff may not accept a gift subscription that was paid for by a third party.

Second, the provision specifies that informational materials "sent to the office" may be accepted. The intent of this language is that a Member or staff person may not accept, under this provision, an additional courtesy copy of a publication that is sent to his or her home.³¹  The intent of that language is not to preclude acceptance of a book or other appropriate informational material at, for example, a reception or other event.

Third, while the provision allows acceptance of a set of materials (such as, for example, the PBS video series The Civil War), it does not permit acceptance of specialized reporting services or other collections that are periodically updated, such as the U.S. Code annotated or an encyclopedia.

Fourth, at times a Member is offered multiple copies of a book or similar item for the purpose of distributing the copies to his or her colleagues or others. As a general matter, a Member may accept multiple copies of an item in these circumstances, provided that the copies are intended for distribution to a particular audience and are not for the Member’s unrestricted use, and provided further that the item was not created especially for the Member.

Finally, at times a Member, officer or employee may be offered computer software. Neither application software (for example, Microsoft Word or WordPerfect), developmental software (that is, software that enables one to generate or edit code), nor entertainment software is acceptable under this provision of the gift rule, as such materials do not constitute informational materials within the meaning of this provision. Informational software may be acceptable, but only if the database is entirely self-contained (i.e., on a compact disc). Software that provides access to a database that otherwise is available only on a subscription basis (for example, LEXIS-NEXIS or Westlaw) is not acceptable under this provision. (However, demonstration or evaluation copies of software that a business generally makes available to prospective customers may be acceptable under a different gift rule provision (see the section below entitled "Widely Available Opportunities and Benefits").)

"Anything that is paid for by the Federal Government, by a State or local government, or secured by the Government under a Government contract" is acceptable (clause 5(a)(3)(O) of House Rule 26). This is a broad provision, which extends to tangible items of all kinds, as well as meals, services, and travel – provided, however, that the gift is paid for by a government agency or entity. Insofar as this provision concerns in-kind services provided by a Federal, state or local government agency, this provision mirrors the Standards Committee’s interpretation of the ban on unofficial office accounts (clauses 1-3 of House Rule 25) under which Members and staff may accept in-kind services and functions from government agencies for official House activities.

At times a question may arise as to whether a particular entity is a government agency for purposes of this provision. An entity is a government agency for purposes of this provision only if, under the law, it is treated as a government agency for other purposes. For example, statutory law provides that Amtrak is not a department, agency or instrumentality of the United States Government (49 U.S.C. § 24301(a)(3)), and thus Amtrak is not a government agency for purposes of this gift rule provision.

The commonwealths and territories of the United States are deemed to be part of the Federal Government and hence are treated as government entities.

However, Indian tribes are not treated as a state or local government for purposes of the gift rule. The Standards Committee considered this matter carefully and found nothing in the legislative history of the current gift rule or its predecessors indicating an intent to treat Indian tribes as state or local government entities for these purposes.

The language of this provision regarding things secured by the Government under a Government contract applies, by its terms, only to things secured under a contract of the Federal Government. This language was derived from a comparable provision of the gift regulations that govern the Executive Branch (5 C.F.R. § 2635.203(b)(7)). The stated intent of that provision was to cover only items that "the Government procures for use by its employees under a Government contract or knowingly obligates itself to pay for" (57 Fed. Reg. 35,014 (1992)) – for example, a health club membership that the owner of a building in which the Government leases space makes available to building tenants.

Members, officers and employees may accept "[a]n item, the receipt of which is authorized by the Foreign Gifts and Decorations Act, the Mutual Educational and Cultural Exchange Act, or any other statute" (clause 5(a)(3)(N) of House Rule 26).

Because MECEA concerns only travel funded by foreign governments, it is covered in the chapter on travel. The FGDA provisions concerning the acceptance of travel and travel expenses are likewise addressed in the travel chapter.

In addition to its travel provisions, however, the FGDA authorizes House Members, officers and employees to accept "a gift of minimal value tendered as a souvenir or mark of courtesy."³⁷  Under implementing regulations issued by this Committee,³⁸  the term "minimal value" as used in the Act is currently defined, by reference to a statutory formula, as $260.³⁹ 

This provision on minimal value gifts clearly applies to gifts of tangible items. In addition, the Standards Committee has interpreted this provision to permit Members and staff to accept, from a foreign government, meals, entertainment and local travel in the United States when related to official duties. However, since providing lodging in the United States is not normally viewed as within the realm of diplomatic courtesy, it may not be accepted. Similarly, the Committee’s interpretation does not allow the acceptance of such meals, entertainment or local travel offered by a lobbyist or agent of a foreign government, because such gifts are not properly deemed as having been "tendered as a souvenir or mark of courtesy" as required by the FGDA.

The FGDA further allows a Member or staff person to accept (but not to retain) a gift of more than minimal value, as defined above, when refusal of the gift "would likely cause offense or embarrassment or otherwise adversely affect the foreign relations of the United States."⁴⁰  Such gifts, however, are deemed to be accepted on behalf of the United States and become the property of the United States. Within 60 days of accepting such a gift, a Member or staff person must turn the gift over to the Clerk of the House for disposal or, with the consent of this Committee, the recipient may retain the gift for display in his or her office or other official use.⁴¹ 

At the time such a gift is deposited for disposal or official use, the recipient must also complete and sign a foreign gifts disclosure form, and file it with the Standards Committee.⁴²  The form is reprinted as one of the appendices to this booklet, and copies are also available from the Committee office or its Web site, www.house.gov/ethics. If a Member or employee is uncertain whether the value of a gift exceeds "minimal value" as defined above, the Clerk’s office can arrange for an appraisal.⁴³  Under the Committee’s foreign gifts regulations, the disclosure statements filed by Members and employees are publicly available at the Committee’s office, and their contents are published annually in the Federal Register.⁴⁴ 

Additionally, the FDGA allows a Member or employee to accept a gift of an educational scholarship or medical treatment from a foreign government.⁴⁵ 

Subject to two restrictions that are described below, Members, officers and employees may accept benefits (including food and refreshments) that result from any of the following activities:

• Outside business or employment activities of the Member or staff person,

• Other outside activities of the Member or staff person that are not connected to the duties of the individual as an officeholder, or

• Outside business or employment activities of the spouse of the Member or staff person.

The restrictions on the acceptance of such benefits are that (1) the benefits may not have been offered or enhanced because of the official position of the Member or staff person, and (2) they must be benefits that are "customarily provided to others in similar circumstances" (clause 5(a)(3)(G)(i) of House Rule 26). (This provision also allows the acceptance of transportation and lodging under the same terms, but the matter of travel is addressed in the next chapter of this booklet.)

This is a common-sense provision that allows Members and staff to accept things of value that essentially have nothing to do with their position with the House, but instead are the result of outside business or other activities. However, before accepting anything under this provision, a Member or staff person must be satisfied that the benefit was neither offered nor enhanced because of his or her official position. The provision also requires that the benefit be one that is "customarily provided to others in similar circumstances."

As a related matter, Members and staff are also allowed to accept benefits (including food, refreshments and travel) "customarily provided by a prospective employer in connection with bona fide employment discussions" (clause 5(a)(3)(G)(ii) of House Rule 26).

A Member, officer or employee may accept a gift of personal hospitality of an individual, except from a registered lobbyist under the Lobbying Disclosure Act or an agent of a foreign principal registered under the Foreign Agents Registration Act (clause 5(a)(3)(P) of House Rule 26).⁴⁶  This provision incorporates the definition of the term "personal hospitality" that is provided in § 109(14) of the Ethics in Government Act:

Where the requirements of this provision are satisfied, a Member or staff person may accept, for example, a meal at an individual’s residence, and may also accept lodging. It is not required that the host be present; thus, use of a personally owned vacation home is permissible even if the owner is not present. However, this provision does not allow the acceptance of either meals or entertainment outside the home, or travel expenses. In addition, in order for this provision to apply, the property or facilities must be personally owned. Property or facilities owned by a corporation or a firm may not be used under this provision, even if the corporation or firm is wholly owned by an individual. Likewise, as a general rule, a residence or other property that the individual owner rents out to others or otherwise uses for business purposes may not be used under this provision.

The aspect of the rule requiring that the personal hospitality be for a "non-business purpose" should also be noted. Thus, where an individual invites a Member or staff person to a dinner at the individual’s home for the purpose of discussing pending legislation, the invitation may not be accepted under this provision. Similarly, the provision does not apply where the expenses that an individual incurs in providing personal hospitality are either to be reimbursed by a business, or deducted as business expenses.⁴⁷ 

Briefly stated, a Member or staff person may accept such hospitality from a lobbyist or foreign agent under the personal friendship provision of the gift rule where the following circumstances are present: (1) all of the requirements of the personal hospitality provision are satisfied, including that the property is individually owned, and that there is no business purpose underlying the offer, (2) in addition, there is a history of reciprocal gift exchange between the offeror and the Member or staff person, and (3) if the value of the hospitality exceeds $250, the advance, written approval of the Standards Committee is obtained. The acceptance, from a registered lobbyist or foreign agent, of hospitality exceeding $260 in value must be reported on Schedule VI of one’s annual Financial Disclosure Statement.

A Member, officer or employee may accept "a contribution or other payment to a legal expense fund established for the benefit of [the official] that is otherwise lawfully made in accordance with the restrictions and disclosure requirements of the Committee on Standards of Official Conduct" (clause 5(a)(3)(E) of House Rule 26). However, such a contribution or other payment may not be accepted from a registered lobbyist or an agent of a foreign principal (clause 5(c)(3) of House Rule 26).⁴⁹ 

The Committee issued Legal Expense Fund Regulations in an advisory memorandum dated June 10, 1996, which is reprinted in revised form as one of the appendices to this booklet. Those regulations generally prohibit Members and staff from soliciting or receiving donations to pay legal expenses without the prior written permission of the Committee.⁵⁰  It should be noted that this prohibition generally applies to in-kind donations – including pro bono legal services – as well as cash donations. However, as detailed below, Members and staff may accept pro bono legal assistance for certain purposes without Committee permission.

Merely because a Member or staff person is incurring or will incur legal expenses does not necessarily mean that the individual may establish a fund to defray those expenses. Under the Committee’s regulations, a fund may be established only where the legal expenses arise in connection with one of the following matters:

• the individual’s candidacy for or election to federal office,

• the individual’s official duties or position in Congress (including a matter before the Standards Committee),

• a criminal prosecution, or

• a civil matter bearing on the individual’s reputation or fitness for office.

The Committee will not grant permission where legal expenses arise in connection with a matter that is primarily personal in nature, such as a matrimonial action.

The rules governing the operation of a Legal Expense Fund include the following. A fund must be established as a trust, administered by a trustee who is entirely independent of the Member or staff person who is the trust’s beneficiary. No contribution may be solicited for or accepted by a fund prior to the Committee’s written approval of the completed trust document and the trustee. Trust funds can be used only to pay legal expenses, or the expenses incurred in soliciting for or administering the trust. Excess funds must be returned to the contributors. A fund may not accept more than $5,000 in a calendar year from any individual or organization, but in accordance with the gift rule, no contribution may be accepted from a registered lobbyist or foreign agent. A fund may not pay for legal services for anyone other than the named beneficiary except with the Committee’s written permission. Written Committee permission is also required for any amendment of the trust document and any change in the trustee.

The regulations also require extensive public disclosure regarding each Legal Expense Fund. After the Committee has approved a trust document, the beneficiary must file a copy of it with the Legislative Resource Center (Room B-106, Cannon House Office Building) for public disclosure. In addition, reports on contributions to and expenditures from a fund must be filed with both the Committee and with the Legislative Resource Center on a quarterly basis. Contributions exceeding $260 in a calendar year from any source (other than a relative of the beneficiary) must also be reported on Schedule VI of the beneficiary’s annual Financial Disclosure Statement (see the section on "Gift Disclosure" below).

As to pro bono legal assistance, a Member, officer or employee may accept such assistance without limit for the following purposes:

• to file an amicus brief in his or her capacity as a Member of Congress,

• to participate in a civil action challenging the validity of any federal law or regulation, or

• to participate in a civil action challenging the lawfulness of an action of a federal agency, or an action of a federal official taken in an official capacity, provided that the action concerns a matter of public interest, rather than a matter that is personal in nature.

However, pro bono legal assistance for any other purposes will be deemed a contribution subject to the restrictions of the regulations.

In certain circumstances, campaign funds may also be used to pay legal expenses. The Federal Election Commission has issued a number of advisory opinions on this matter pursuant to its rules barring personal use of campaign funds (11 C.F.R. Part 113). Both the Standards Committee and the FEC should be consulted before campaign funds are used to pay any legal expenses.

A Member may accept "[d]onations of products from the district or State that the Member . . . represents that are intended primarily for promotional purposes, such as display or free distribution, and are of minimal value to any single recipient." (clause 5(a)(3)(V) of House Rule 26). Several points to bear in mind regarding this provision are as follows:

• This provision applies to tangible items only. Thus, for example, tickets to a museum or a show in a Member’s district may not be accepted under this provision.

• To be acceptable under this provision, an item must be produced or grown in the Member’s home state.

• If the item is to be distributed for free, it must be of "minimal value" – candy bars, apples and peanuts that are produced or grown in a Member’s state are common examples.

• The provision applies not only to small items that can be given away, but also to home-state items that can be displayed in the office – for example, a Christmas tree grown in the Member’s home state.

• The provision allows acceptance of items "that are intended primarily for promotional purposes." Accordingly, any give-away items must be available to office visitors, and not merely to Members and staff. Likewise, any display item must be placed in the reception area of the office.

Honorary degrees are acceptable, as are travel, food, refreshments and entertainment that are provided in connection with the award of an honorary degree (clause 5(a)(3)(K) of House Rule 26). In addition, under the same provision of the gift rule, "bona fide, nonmonetary awards presented in recognition of public service" are acceptable, along with food, refreshments and entertainment provided in connection with the presentation of such awards.

This provision allows only the acceptance of a "bona fide" award. Thus especially where the award is an item having significant monetary value, such as a crystal sculpture, it is important to ensure that the award is indeed a "bona fide" one. Among the important considerations here are the nature of the awarding organization, whether the award is made as part of an established program and has been made on a regular basis, whether in the past non-congressional individuals have been recipients of the award, and whether there are specific, written criteria for the selection of the awardees. If the award is an item that exceeds $260 in value, and the recipient is a Member or officer, or an employee who files a Financial Disclosure Statement, the award must be disclosed on Schedule VI of the individual’s filing for the year in which the award was received (see the section on "Gift Disclosure" below).

A public service award that consists of an amount of money is not acceptable under this provision. Similarly, where an award includes both an item and an amount of money, the monetary aspect of the award is not acceptable under this provision. A Member, officer or employee who is offered a public service award that consists of or includes an amount of money may submit a written request for a gift rule waiver to the Committee. In considering any such request, the Committee will closely examine the factors noted above that bear on whether the award is a "bona fide" one.

Training is acceptable, "if such training is in the interest of the House." (clause 5(a)(3(L) of House Rule 26). Also acceptable under this provision are "food and refreshments furnished to all attendees as an integral part of the training."

This provision may apply to, for example, vendor promotional training, i.e., training provided by a company for the purpose of promoting its products or services. However, the acceptance of training may implicate the prohibition against private subsidy of official activity (clauses 1-3 of House Rule 25), and thus Members and staff should consult with the Committee before accepting training under this provision. This provision does not extend to meals in connection with presentations made by lobbyists or advocacy groups, or to meals in connection with briefings or discussions relating to issues before the Congress.

Members, officers and employees may accept certain opportunities and benefits that are similarly available to individuals outside the House (clause 5(a)(3)(R) of House Rule 26). Specifically, Members and staff may accept opportunities and benefits that are –

1. "available to the public or to a class consisting of all Federal employees, whether or not restricted on the basis of geographic consideration;"
2. "offered to members of a group or class in which membership is unrelated to congressional employment;"
3. "offered to members of an organization such as an employees’ association or congressional credit union, in which membership is related to congressional employment and similar opportunities are available to large segments of the public through organizations of similar size;"
4. "offered to a group or class that is not defined in a manner that specifically discriminates among Government employees on the basis of branch of Government or type of responsibility, or on a basis that favors those of higher rank or rate of pay;" or
5. "in the form of reduced membership or other fees for participation in organization activities offered to all Government employees by professional organizations if the only restrictions on membership relate to professional qualifications."

Members, officers and employees may accept opportunities and benefits that are "in the form of loans from banks and other financial institutions on terms generally available to the public" (clause 5(a)(3)(R)(v) of House Rule 26). In addition, as reflected in a Committee advisory memorandum of May 23, 1997, a copy of which is reprinted as one of the appendices to this booklet, the Committee has determined that Members and staff may accept a loan from a person other than a financial institution, provided that the loan is on commercially reasonable terms, including requirements for repayment and a reasonable rate of interest. That determination was based on a separate provision of the gift rule, clause 5(a)(3)(A), which allows the acceptance of "[a]nything for which the Member . . . officer, or employee pays the market value."

Whether a loan from a person other than a financial institution is on terms that are "commercially reasonable," and hence acceptable under the Committee’s determination, will depend on a number of facts and circumstances. Thus, before entering into a loan arrangement with a person other than a financial institution, Members and staff should contact the Committee for a review of the proposed terms, and a determination by the Committee on whether the loan is acceptable under the gift rule.

Members, officers and employees may accept "[a]wards or prizes that are given to competitors in contests or events open to the public, including random drawings" (clause 5(a)(3)(J) of House Rule 26). Thus, for example, a Member or employee who purchases a lottery ticket and wins a cash prize may accept the prize.

The Committee has also determined that a Member, officer or employee may accept a prize won in a drawing, raffle or other contest that is not necessarily open to the public – for example, a drawing held at a charity fundraising event – but only if most of the entries in the contest were from individuals other than Members, officers or employees of Congress (and their accompanying spouses or other individuals).

Any prize that exceeds $260 in value will have to be disclosed on Schedule VI of the official’s annual Financial Disclosure Statement (see the section on "Gift Disclosure" below).

A gift from a relative is acceptable (clause 5(a)(3)(C) of House Rule 26). This provision incorporates the definition of the term relative that is provided in the Ethics in Government Act (5 U.S.C. app. 4 §109(16)):

Fiancés and fiancées are included in this definition, and thus engagement rings and other gifts exchanged by engaged couples are acceptable under this provision. However, a gift may not be accepted under this provision where a relative of a Member, officer or employee is merely passing along a gift from some other person.

Members, officers and employees may accept "[a] gift from another Member . . . officer, or employee of the House or Senate." (clause 5(a)(3)(F) of House Rule 26). However, Federal law generally bars Government employees from giving gifts to their official superiors.⁵¹  While the Committee has recognized common-sense exceptions for voluntary gifts on special occasions,⁵²  as a general rule, Members may not accept things of value from their staff members, and higher level staff members may not accept things of value from those who work for them. In addition, a gift may not be accepted under this provision where a Member, officer or employee is merely passing along a gift from some other person.

A Member, officer or employee may accept "[a]nything for which, in an unusual case, a waiver is granted by the Committee on Standards of Official Conduct." (clause 5(a)(3)(T) of House Rule 26).

General Waivers for Wedding and Baby Gifts. Upon receipt of an advance, written request, the Committee will grant a Member, officer or employee a general waiver for gifts received in connection with his or her wedding, or in connection with the birth of a baby. Such general waivers are issued primarily for the convenience of the requester, and notwithstanding the issuance of the waiver, recipients should exercise caution in accepting any gift that likely would not have been offered but for the individual’s official position. As to any such gift, the individual should consider its source, nature and value, and any possible conflict with official duties.

A Member, officer or employee who receives wedding or baby gifts that otherwise are not acceptable under the gift rule, but did not submit an advance request for a general waiver, may submit a waiver request for those gifts. However, such post-event requests should include, at a minimum, a description of each gift for which a waiver is requested, including its market value, and the identity of the donor.

The grant of a gift rule waiver by the Committee does not waive the requirement for reporting certain gifts on Schedule VI of one’s annual Financial Disclosure Statement. The requirement for disclosure of certain gifts, and the Committee’s authority to waive disclosure in certain instances, are noted below in the section on "Gift Disclosure." Generally the Committee will waive the requirement for disclosure of wedding and baby gifts, but a separate letter requesting the disclosure waiver must be submitted to the Committee. In contrast to requests for gift rule waivers, which are kept confidential by the Committee, a request for waiver of the disclosure requirement is by law required to be made publicly available.

Other Waivers. In addition to gifts received in connection with a wedding or the birth of a baby, the Committee will also grant gift rule waivers in other "unusual case[s]," provided that "there is no potential conflict of interest or appearance of impropriety."⁵³  For example, where a Member or a family member becomes seriously ill, the Committee will generally grant a gift rule waiver for any flowers or floral arrangements that are received.

Any Member, officer or employee who is offered a gift that is not otherwise acceptable under the rule, but who believes that acceptance of the gift should be allowed, should submit a written request to the Committee for a waiver. Any request should include, at a minimum, a description of the gift, including its market value, the identity of the donor, and a statement of the reasons believed to justify its acceptance.

Under the gift rule, Members, officers and employees may also accept the following gifts:

• "A contribution, as defined in section 301(8) of the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) that is lawfully made under that Act" (clause 5(a)(3)(B) of House Rule 26),

• "[A] lawful contribution for election to a State or local government office" (clause 5(a)(3)(B)),

• "Bequests, inheritances, and other transfers at death." (clause 5(a)(3)(M)), and

• "Pension and other benefits resulting from continued participation in an employee welfare and benefits plan maintained by a former employer." (clause 5(a)(3)(H)).

As noted above (in the section "Overview of the Gift Rule"), a Member, officer or employee may not accept any gift, except as the rule specifically provides. Thus, unless a gift falls into one of the categories of acceptable gifts described above, it may not be accepted. In addition, the rule expressly prohibits the acceptance of certain gifts from registered lobbyists and foreign agents. The gifts that are expressly prohibited are as follows:

• "Anything provided by a registered lobbyist or an agent of a foreign principal to an entity that is maintained or controlled by a Member . . . officer, or employee of the House." (clause 5(c)(1) of House Rule 26);

• "A charitable contribution (as defined in section 170(c) of the Internal Revenue Code of 1986) made by a registered lobbyist or an agent of a foreign principal on the basis of a designation, recommendation, or other specification of a Member . . . officer, or employee of the House (not including a mass mailing or other solicitation directed to a broad category of persons or entities), other than a charitable contribution [made in lieu of an honorarium]." (clause 5(c)(2));

• "A contribution or other payment by a registered lobbyist or an agent of a foreign principal to a legal expense fund established for the benefit of a Member . . . officer, or employee of the House." (clause 5(c)(3)); and

• "A financial contribution or expenditure made by a registered lobbyist or an agent of a foreign principal relating to a conference, retreat, or similar event, sponsored by or affiliated with an official congressional organization, for or on behalf of Members . . . officers, or employees of the House." (clause 5(c)(4)).

The prohibition against accepting a contribution or other payment to a legal expense fund from a registered lobbyist or foreign agent was noted above (in the section "Contributions to a Legal Expense Fund, and Pro Bono Legal Services"). Registered lobbyists and foreign agents are also singled out in the gift rule provisions on personal hospitality of an individual (discussed above) and officially related travel (discussed in the travel chapter). The rationale for these special restrictions on gifts from lobbyists is noted above (on p. 6).

The gift rule provides that the term "registered lobbyist" means "a lobbyist registered under the Federal Regulation of Lobbying Act or any successor statute," and the term "agent of a foreign principal" means "an agent registered under the Foreign Agents Registration Act." (clause 5(e) of House Rule 26).

With regard to registered lobbyists, the Lobbying Disclosure Act of 1995 (Pub. L. No. 104-65) is a successor statute to the Federal Regulation of Lobbying Act. The Lobbying Disclosure Act in turn defines the term "lobbyist" to mean "any individual" who engages in certain activities. 2 U.S.C. § 1602(10). Accordingly, the Committee interprets the prohibitions on registered lobbyists that are set forth in the gift rule to apply to the individuals who are registered as lobbyists under that Act, as well as to lobbying firms. But the prohibitions do not apply to the clients of lobbyists and lobbying firms (unless the client is also a lobbyist or is a lobbying firm).

When a Member, officer or employee receives a gift that is not acceptable under the gift rule, and for which a gift rule waiver is not available, he or she generally has two options: pay the donor the "market value" of the gift, or return the gift to the donor. However, where the unacceptable gift is a perishable item, such as flowers or a fruit basket, the rule also provides the options of donating the item to charity or destroying it. In addition, other options may be available for a gift that is unusual in nature, such as a work of art from one’s home state. These options are detailed below.

At times when a Member, officer or employee is unexpectedly presented with a gift at an event, he or she may be uncertain whether it can be accepted under the gift rule. In that circumstance, the individual may receive the gift and wait until after the event to review the provisions of the gift rule and make a decision on the gift’s acceptability. Members and staff should always feel free to contact the Committee’s Office of Advice and Education on such matters.

In general. The gift rule provides that a Member, officer or employee may accept "[a]nything for which the [official] pays the market value" (clause 5(a)(3)(A) of House Rule 26). Generally, for the purpose of the gift rule, items are valued at their retail, rather than wholesale prices. Often an item may be priced differently at different stores. A gift may be valued at the lowest price at which the item is available to the general public. Committee guidance on the value of certain specific kinds of gifts is as follows.

Tickets to Sporting Events and Shows. Except for tickets for seats in a "skybox" or other private luxury box, tickets to sporting events and shows are generally valued at their face price. This general rule on use of the face price applies even to hard-to-obtain tickets that may sell for more than face value on secondary markets. While recognizing that this approach has shortcomings, the U.S. Office of Government Ethics has also adopted it for Executive Branch personnel, because it enables personnel to readily determine the amount they must pay, and avoids "plac[ing] the Government in the position of sanctioning price scalping."⁵⁴ 

However, as to tickets for skyboxes and other private luxury boxes, the Committee has determined that as a general rule, the value is the price of the highest individually priced ticket for the event. Members and staff must pay that amount for a ticket to a skybox, even if the ticket has some lower dollar amount printed on it. In addition to skyboxes, there are certain other kinds of luxury seats at stadiums and arenas, which are at time referred to as "club seats."⁵⁵  The Committee should be contacted for advice on the value of tickets for those seats. In addition to the value of the ticket(s) accepted, Members and staff must pay the market value of any other benefits that are accepted in connection with the event, including food, beverages, or parking.

Tickets to Charity or Political Fundraisers. Under a policy established by the House Select Committee on Ethics, a ticket to a charity or political fundraising dinner is valued at the cost of the dinner, rather than the cost of the ticket to the purchaser.⁵⁶ 

Honorary Memberships. Membership in a club or other organization typically involves an initiation fee, periodic dues and usage charges. An "honorary" membership usually involves a waiver or reduction in the normal fee or dues levied on members. For purposes of the gift rule, an honorary membership is valued at the total market price of the organization’s normal initiation fee, periodic dues, and/or usage charges. The value of an honorary membership to a Member or staff person is not diminished merely because he or she does not use the membership, or because the honorary membership does not carry voting rights or an equity interest.

The restrictions of the gift rule do not apply to anything that a Member, officer or employee "does not use and promptly returns to the donor." (clause 5(a)(3)(A) of House Rule 26). As noted above, the rule provides additional options only with regard to perishable items: "When it is not practicable to return a tangible item because it is perishable, the item may, at the discretion of the recipient, be given to an appropriate charity or destroyed." (clause 5(a)(6)). Thus a perishable item may be donated to a local hospital, homeless shelter, religious organization, or other charity.

However, where a Member, officer or employee receives a non-perishable gift that cannot be accepted under the gift rule, he or she has no choice but to return the item to the donor promptly. One wishing to return a gift by mail should consult with the Commission on Congressional Mailing Standards (the Franking Commission) to determine if the item is frankable. If the item is not frankable, it will be necessary to purchase postage stamps in order to return it by mail.

At times a Member has been offered, for display in his or her office, a work of art having significant value. Members have also been offered gifts of an unusual nature, the value of which is not readily ascertainable. Gifts in this category have ranged from works of art and antiques to items emblematic of the donor’s cultural group. The gift may represent the personal efforts of an individual, or may symbolize the esteem of a constituent group, and thus a Member may feel awkward about declining such a gift.

A Member may accept a loan of a painting or other work of art from his or her home state for the purpose of displaying the item in the Member’s House office. It should be clearly established in correspondence between the Member and the item’s owner that the Member is holding the item on a loan basis only, and that the item will be returned to the owner upon the sooner of the item being removed from display, the Member leaving office, or the owner requesting its return. In addition, a written statement of the value of the item should be obtained from the owner, and if possible, it would be advisable to place a sticker or other marking on the item that states that the item is on loan and identifies the owner. Finally, the Member should enter into a written agreement with the owner that provides for liability in the event of damage or loss, since official allowances may not be used to repair or replace personal property. On the latter point, staff of the Committee on House Administration should be contacted.

In addition, in certain circumstances, the Standards Committee may consent to a Member receiving a gift of a work of art or similar item for the sole purpose of facilitating its donation to, for example, a museum in the home district or the House Fine Arts Board.⁵⁷  Provided that the recipient agrees, such an item may be loaned back to the Member, on a temporary basis, for display in the Member’s office. Any Member having a question about the proper manner to handle a gift of this nature should contact the Standards Committee for advice.

At times an outside organization wishes to hold a reception or other event in honor of a Member, officer or employee. As long as the identity of the sponsor (that is, the person that is organizing and paying for the event) is made clear to all participants (e.g., on the invitations), an event nominally "in honor of" a Member or group of Members is not generally considered a gift to the honoree(s). Food and beverages enjoyed at these functions are instead considered to benefit all those attending. However, the Members being recognized should not identify themselves as hosts or receive any particular advantage from the event. If they do, the entire cost of the event may be viewed as a gift to the honoree(s).

Thus, for example, a Member with a strong record on environmental issues might be honored at a reception hosted by a lobbying group interested in those issues without raising concerns under the gift rule. If the same Member were an amateur photographer, however, and the event was set up to provide the Member with a forum for selling his or her photographs of wildlife, the Committee could find that the entire cost of the reception was a gift from the organization to the Member. The Committee could also make such a finding if the honoree assumes any role in organizing the event. Put another way, the event must genuinely be the event of the outside sponsor, and it is the sponsor who must determine the nature of the event and the guest list.

In that decision, the Supreme Court held that in order to establish a violation of the illegal gratuity statute, "the Government must prove a link between a thing of value and a specific ‘official act’ for or because of which it was given."⁶¹  According to that decision, the illegal gratuity statute is not violated in the absence of such a link, such as where one gives a Federal official a gift "because of his official position – perhaps, for example, to build a reservoir of goodwill that might ultimately affect one or more of a multitude of unspecified acts, now and in the future."⁶² 

While responsibility for enforcing this statute rests with the Justice Department, in the view of this Committee, these provisions do not extend to token gifts of appreciation or goodwill, intended as courtesy, and consisting of either:

• perishable items (e.g., candy or flowers) that the Member or employee shares with staff and constituents or donates to charity, or

• decorative items that are displayed in the office or donated to charity.

This view as to perishable items is similar to that in regulations of the Executive Branch's Office of Government Ethics.⁶⁴ 

The House Select Committee on Ethics determined that a direct mail solicitation by a Member or a Member’s spouse constituted a "fund-raising event" for the purposes of Rule 24, clause 7. Proceeds from such a solicitation must be treated as campaign contributions that may not be converted to personal use by the Member. In reaching this decision, the Select Committee noted that a major purpose of revisions to the Code of Official Conduct was to prevent Members from "cashing in" on their official position in the Congress.⁷⁷  The Select Committee also found that a Member may not accept for unrestricted personal use the proceeds of a fundraiser conducted by a group independent of the Member.⁷⁸ 

Under the Ethics in Government Act of 1978, Members, officers and certain employees must disclose information in annual financial statements. Schedule VI of the statements concerns gifts received by the reporting individual, and in general, the donor, description and value of all gifts aggregating more than $260 from a single source during the year must be disclosed on that schedule.⁷⁹  Information on certain gifts received by the spouse or dependent of the Member or employee may need to be disclosed as well.⁸⁰  However, the statute also provides that in an "unusual case," a gift need not be aggregated "if a publicly available request for a waiver is granted."⁸¹  A House Member or staff person wishing a waiver of the reporting requirement must submit a written waiver request to the Standards Committee. Additional information on the reporting of gifts on one’s annual Financial Disclosure Statement, and the criteria for granting a waiver of the reporting requirement, are provided in the Financial Disclosure Instructions booklet issued by the Standards Committee.

In addition, as noted above (in the section "Gifts from Foreign Governments and International Organizations"), tangible gifts of over minimal value that may be received from foreign governments must be disclosed at the time such gifts are required to be turned over to the United States, that is, within 60 days of receipt.

A Member, officer or employee may accept necessary expenses from a private source for travel in connection with official duties – including, for example, to give a speech or engage in factfinding – subject to the following restrictions:

• The source of the travel expenses may not be either a registered lobbyist or a registered foreign agent, and the source must have a direct and immediate relationship with the event or location being visited;

• For a domestic trip, travel expenses may be accepted for not more than four days (96 hours), and for a trip outside the continental United States, travel expenses may be accepted for not more than seven days (excluding days taken in whole or in part in traveling to or from the United States), except with the written approval of the Standards Committee;

• In any event, a trip may not be longer than the time reasonably necessary to accomplish the trip’s officially connected purpose;

• Staff travel must be authorized in advance by the individual’s supervising Member or officer;

• For each trip, a travel disclosure form that lists each of the expenses paid by the private source must be filed with the Clerk’s office within 30 days of return;

• Expenses for entertainment and recreational activities while on travel of this type are acceptable, if at all, only under the gift rule provision allowing acceptance of a gift valued at less than $50, subject to the annual limitation in gift value of less than $100 from any one source;

• Expenses may be accepted to enable one’s spouse or child – but not both, or any other individual – to accompany the Member or staff person on the trip.

A Member, officer or employee may also accept travel of the following types, provided that the requirements of the rules and other applicable laws are satisfied:

• Travel resulting from outside business, employment or other activities of the Member or staff person or his or her spouse, provided that the travel was not offered or enhanced because of the individual’s official position, and the benefit is one that is customarily provided to others in similar circumstances;

• Travel given on the basis of personal friendship, but Standards Committee approval is required for any personal friendship gift exceeding $250 in value;

• Travel paid for by the Federal Government, or by a state or local government;

• Travel paid for by a foreign government, provided that either the travel takes place entirely outside the United States and is disclosed pursuant to the Foreign Gifts and Decorations Act, or the travel complies with the Mutual Educational and Cultural Exchange Act; and

• Travel paid for by a political organization in connection with a fundraising or campaign event sponsored by that organization.

However, a Member, officer or employee may not accept travel to a charity event.

As a general rule, travel having an official House purpose (as opposed to merely an officially connected purpose) must be paid for entirely with official House funds.

At times Members and staff are offered the opportunity to travel at the expense of an outside organization or of another individual.⁸²  Except as the House gift rule (clause 5 of House Rule 26) provides otherwise, such travel expenses are a gift to the recipient Member, officer or employee. Like any other gift, travel expenses are subject to the basic gift prohibitions noted at the outset of the chapter on gifts – including the prohibition against soliciting a gift – and they may be accepted only in accordance with the provisions of the gift rule. Indeed, travel may be among the most attractive and expensive gifts, and thus before accepting travel, a Member, officer or employee should exercise special care to ensure compliance with the gift rule and other applicable law.

Under the current gift rule, there are essentially five types of travel that a Member, officer or employee may accept, subject to certain restrictions and conditions provided in the rule. These types of acceptable travel are defined primarily by reference to the source of the travel expenses, and the purpose of the trip:

• Travel in connection with the individual’s official duties that is paid for by a private source;

• Travel entirely unrelated to official duties that is paid for by a private source, including travel paid for by a personal friend;

• Travel paid for by the Federal Government, or by a state or local government;

• Travel paid for by a foreign government or an international organization; and

• Travel for a political purpose that is paid for by a political organization.

Each of these types of travel is addressed separately in this chapter. Almost certainly the type of travel most frequently offered to Members and staff is of the first type noted above – officially connected travel that is paid for by a private source. While the gift rule imposes a number of requirements and restrictions regarding this type of travel, which are detailed below, those relating to disclosure are especially noteworthy. That is, for any such trip, the rule requires prompt and complete public disclosure of, among other things, the entity that paid for the trip, the trip’s purpose and itinerary, and a detailed breakout of the expenses paid. These requirements for disclosure are among the most significant changes made by the gift rule provisions that took effect on January 1, 1996. Previously, such travel was publicly disclosed only in a far more abbreviated manner, and only in the annual Financial Disclosure Statements filed by Members and senior staff.

Among the other matters addressed in this chapter are –

• "official travel" by a Member, officer or employee – that is, travel that is paid for or authorized by the House of Representatives,

• trips that have more than one purpose, i.e., "mixed purpose" trips,

• one type of travel that is prohibited by the gift rule – travel to charity events, and

• the rules on use of a private aircraft for travel.

As detailed below, under a provision of the gift rule (clause 5(b) of House Rule 26), a Member, officer or employee may accept necessary travel expenses to attend a meeting, speaking engagement, fact-finding trip or similar event in connection with official duties, from a private source (other than a registered lobbyist or agent of a foreign principal) that is directly and immediately associated with the event or location being visited. "Necessary" expenses include reasonable expenses for transportation, food and refreshments, but do not include expenditures for entertainment or recreational activities.

In the case of domestic travel, expenses may be accepted for up to four days without prior written approval from the Standards Committee. In the case of foreign travel, expenses may be accepted for a maximum of seven days (excluding travel days) without the Committee’s prior written approval. A Member, officer or employee may also accept expenses to enable his or her spouse or child to accompany the individual on the trip.

Staff travel must be authorized in advance by the individual’s supervising Member or officer. For each trip taken by a Member, officer or employee, a travel disclosure form must be completed, signed, and filed with the Clerk of the House within 30 days of return. Members and officers, as well as employees who file a Financial Disclosure Statement, must also report all travel expenses from any source having a total value of more than $260 in a calendar year on their annual statements.

Travel taken in accordance with this provision of the gift rule is not deemed a gift that is prohibited by the rule, but instead is deemed "a reimbursement to the House of Representatives" (clause 5(b)(1)(A) of House Rule 26). Elaboration on the requirements and restrictions of this provision of the gift rule follows.

The fundamental requirement of this provision of the gift rule is that the subject matter of the trip be related to the official duties of the participating Member, officer or employee. Among the travel purposes that may be proper under this provision are attendance at a meeting or a speaking engagement, or participation in a factfinding trip (clause 5(b)(1)(A) of House Rule 26).⁸³ 

Where a Member, officer or employee proposes to accept travel under this provision, the rule is very specific in requiring that a determination be made that the travel is in connection with the individual’s official duties. As phrased in the rule, the requirement is for a determination that –

The rule provides that with regard to each trip to be taken by a Member or officer under this provision, it is the responsibility of that Member or officer to make this determination. With regard to each trip to be made by a House employee under this provision, it is the responsibility of his or her employing Member or officer to make this determination. As detailed below (in the section on travel disclosure forms and advance authorization for staff travel), the rule also requires that each of these determinations be made in a writing that is signed by the appropriate Member or officer.

Often the Standards Committee is asked to "approve" a particular trip under this provision of the gift rule. However, the Committee is precluded from "approving" any such trip by, among other things, the fact that the rule places on individual Members and officers – and not on this Committee – the burden of making the determination that a particular trip is in connection with official duties and would not create the appearance of using public office for private gain.

Advance Authorization. A House employee may not accept expenses for officially related travel from a private source unless he or she first receives the written, signed advance authorization of "the Member . . . or officer under whose direct supervision the employee works" (clause 5(b)(1)(A)(i) of House Rule 26). The required contents of these advance authorizations include the name of the trip sponsor, the time, place and purpose of the trip, and as noted above, a determination that the travel is in connection with the duties of the employee as an officeholder (clause 5(b)(2)).

Disclosure. In addition, each time a Member, officer or employee takes such a trip, he or she must disclose "the expenses reimbursed or to be reimbursed" to the Clerk of the House "within 30 days after the travel is completed." (clause 5(b)(1)(A)(ii)). The required contents of the travel disclosures include the following: good faith estimates of the transportation, lodging, meal and other expenses paid, set out separately, and a determination that such expenses were "necessary" as defined in the rule (clause 5(b)(3)). In addition, the travel disclosures for Members and officers must also include a determination that the travel was in connection with the individual’s official duties.

Members and officers, as well as employees who file a Financial Disclosure Statement, must also disclose each such trip on Schedule VII of their annual statement.

The Advance Authorization of Employee Travel form must be completed and signed by the employing Member or officer before an employee commences a trip. The completed forms are to be maintained on file in the office of the employing Member, officer or committee. They should not be filed with the Standards Committee, the Clerk’s Office, or anywhere else.

The Member/Officer and the Employee Travel Disclosure Forms must be completed and signed, and filed with the Legislative Resource Center of the Clerk of the House (Room B-106, Cannon House Office Building) within 30 days after the travel is completed. While to a large extent the forms are self-explanatory, there are several points that should be borne in mind in completing the forms:

• The "Dates of Travel" line should cover the entire trip, including any days spent at personal or other expense; any dates spent at personal expense are also to be stated on a separate line;

• In the "Itinerary" line, the complete itinerary of the trip, including the point of origin, the destination(s), and the point of termination, should be provided;

• Regarding the line for identifying the trip sponsor, see the next section of this chapter, "Proper Sources of Expenses for Officially Connected Travel;"

• The filer should obtain, from the trip sponsor, a dollar figure for each of the categories of travel expenses; where the sponsor does not provide required information, however, the filer must instead state "a good faith estimate" on the form (clause 5(b)(3));

• The Employee Travel Disclosure Form requires the signature of both the employee and his or her supervising Member or officer.

Where a Member or employee files a form beyond the 30-day period provided by the rule, he or she should also send a letter to the Standards Committee stating the reasons for the late filing. Under the rule, the Clerk of the House is to make the disclosure forms available to the public "as soon as possible after they are received" (clause 5(b)(5)). The Clerk’s office also forwards a copy of each form as filed to the Standards Committee staff for review.

The Committee has long taken the position that a Member, officer or employee may accept expenses for officially connected travel only from a private source that has a direct and immediate relationship with the event or location being visited.⁸⁷  Thus the Committee found a violation of the gift rule where a Member accepted travel expenses from an organization that was not the sponsor of his speaking engagements.⁸⁸ 

The rule is concerned with the organization(s) or individual(s) that actually pay for travel. Thus, for example, where a non-profit organization pays for travel with donations that were earmarked, either formally or informally, for the trip, each such donor is deemed a "private source" for the trip and (1) must be publicly disclosed as a trip sponsor on the applicable travel disclosure forms and (2) may itself be required to satisfy the above standards on proper sources of travel expenses.⁸⁹  Accordingly, it is advisable for a Member or staff person who is invited on a trip to make inquiry on the source of the funds that will be used to pay for the trip. In addition, the concept of the rule is that a private entity that pays for officially connected travel will both organize and conduct the trip, rather than merely pay for a trip that is in fact organized and conducted by someone else.

The gift rule provision on officially connected travel paid for by a private source does not allow Members or staff to accept what are essentially local meals, local lodging or local transportation. Thus in order to be within this provision, a trip must have a destination beyond the metropolitan Washington area, or beyond the Member’s district, as the case may be. The Committee has taken the position that as a general matter, the site to be visited at private expense must be at least 35 miles from the U.S. Capitol or, for travel in or near one’s congressional district, at least 35 miles from the district office.

In addition, since official allowances are provided to cover travel expenses of both Members and staff between Washington, D.C. and the congressional district, House Rule 25 (clauses 1-3), which generally prohibits private subsidy of official activity, is also relevant here. Under House Rule 25, a Member or staff person generally may not accept expenses from a private source for a fact-finding trip to or within one’s own district. For the same reason, district office staff cannot accept travel expenses from a private source for the purpose of factfinding in the Washington, D.C. area. However, an exception exists where a Member or employee is traveling as part of a group that includes Members and/or staff representing at least two other congressional districts. In that circumstance, the Committee does not interpret House Rule 25 to require the official to separate from the group to avoid going into his or her own district.

As detailed below, the gift rule provision on officially connected travel paid by a private source both (1) imposes limits on the number of days that may be spent at the expense of the private source, and (2) within those limits, further restricts the length of such trips to the time reasonably necessary to accomplish the trip’s purpose.

Travel Within the Continental United States. A trip taking place within the continental United States cannot exceed four days without the advance written approval of the Standards Committee (clause 5(b)(4)(A) of House Rule 26). The Committee has interpreted the four-day time limit to consist of four 24-hour periods. Thus a Member, officer or employee must commence his or her return trip to Washington or the congressional district no later than 96 hours after he or she began the trip.

Travel Outside the Continental United States. A trip outside the continental United States – including travel to a foreign country, or to Alaska, Hawaii, Puerto Rico, or any other U.S. territory or commonwealth – cannot exceed seven days exclusive of travel time, except with the Committee’s advance written approval (clause 5(b)(4)(A) of House Rule 26). The Committee interprets this provision to mean that any days spent in whole or in part in traveling to or from the United States do not count toward the seven-day limit. However, time spent traveling between foreign countries does count toward the limit.

Extending the Time Limits. Although the rule authorizes the Committee to approve requests to extend the four- and seven-day time limits, the Committee grants such requests only in truly extraordinary circumstances. The fact that a particular conference, or a fact-finding trip organized by an outside entity, is scheduled to last longer than four or seven days ordinarily will not suffice as grounds for a waiver. An example of a situation that would warrant a waiver is where the destination is so remote that it receives air service only once every ten days. In this regard, it should be borne in mind that these limitations on trip length were imposed out of concern for "the public perception that such trips often may amount to paid vacations for the Member and his family at the expense of special interest groups."⁹⁰ 

Further Restrictions on the Length of Trips. The four- and seven-day limits described above reflect the maximum period for which a Member, officer or employee may accept expenses from a private source for officially connected travel. A further restriction on trip length results from the fact that under this provision of the gift rule, only "necessary transportation, lodging and related expenses for travel" may be accepted (clause 5(b)(1)(A) of House Rule 26 (emphasis added)). That is, a Member, officer or employee may accept only such expenses as are reasonably necessary to accomplish the purpose of the trip, and thus it may not always be proper to accept expenses for the full four- or seven-day period. This is particularly so where the sole purpose of an individual’s travel to an event is to give a speech.

"Stacking" Trips. A Member, officer or employee may be permitted to travel beyond the four- and seven-day limits if he or she is participating in consecutive but distinct trips, sponsored by different organizations. To qualify for "stacking," the trips and their purposes, the sponsors, and the participants must be truly distinct. Where these circumstances are present, a new four- or seven-day time limit commences with the onset of travel to, or participation in, a separate, subsequent event.

The expenses for transportation, lodging and meals that are properly paid by a private trip sponsor do not count against the sponsor’s annual gift limit of less than $100. However, all of those travel expenses must be publicly reported on the participant’s travel disclosure form.

A traveler may generally accept expenses to or from Washington, D.C. or another duty station. However, he or she may not accept additional expenses for stopovers that are unrelated to the purpose of the trip.

The traveler may in any event accept only actual expenses. Thus an individual traveling alone may not accept reimbursement covering two round-trip tickets for two consecutive events in the same location. Similarly, an individual may not accept eight days of lodging for giving two speeches in the same domestic city on the same day.

A Member, officer or employee participating in officially connected travel at private expense may accept expenses from the sponsor to enable his or her spouse or one child to accompany the individual on the trip (clause 5(b)(4)(D) of House Rule 26). This provision does not allow the acceptance of travel expenses for any accompanying individual other than a spouse or child, and thus the rule does not allow any other relative, or a fiancé(e), to accompany a Member, officer or employee on a trip. Further, this provision allows the acceptance of expenses for a spouse or one child only, not a spouse and a child.⁹³  The travel expenses paid for a spouse or child must be reported on travel disclosure forms in the same manner as those paid for the Member, officer or employee.

However, it is possible for a staff person to participate in a trip along with his or her employing Member, provided that the entity sponsoring the travel provided an unsolicited invitation to the staff person to participate in the trip, and the Member reasonably determines that the staff person’s participation would be in connection with his or her official duties (see the section above entitled "Requirement that the Travel Be in Connection with Official Duties").

At times a private organization has invited only the spouses of Members to participate in a trip. One’s participation in such a trip, in the capacity as the spouse of a Member, would be deemed a gift to the Member. However, the gift rule does not include a provision that generally permits the acceptance of such "spouse only" travel. Instead, as detailed above, the rule allows the acceptance of expenses for spouse travel only when the spouse is accompanying the Member.

Because, as detailed above, travel of the type here discussed must be related to official duties, it is questionable whether, after the sine die adjournment of the House, a Member leaving office or an employee leaving House employment may accept an invitation for a trip that is factfinding in nature. As of that time, the official responsibilities that may justify the acceptance of travel expenses for such a purpose will practically have come to an end. However, this consideration does not limit the ability of such a departing Member or employee to accept travel to enable the individual to participate substantially in an officially related event (for example, to give a speech).

Several provisions of the gift rule allow Members and staff to accept travel unrelated to official duties from a private source, provided that certain conditions are satisfied. Of these, the two most important are the provision on benefits resulting from outside business, employment or other activities, and the provision on gifts given on the basis of personal friendship. All of these provisions are explored in detail in the gift chapter of the manual, and only their applicability to travel is discussed here.

Subject to two restrictions described below, a Member, officer or employee may accept transportation, lodging, meals and other benefits that result from any of the following activities:

• Outside business or employment activities of the Member or staff person,

• Other outside activities of the Member or staff person that are not connected to the duties of the individual as an officeholder, or

• Outside business or employment activities of the spouse of the Member or staff person.

The restrictions on the acceptance of such travel are that (1) the benefits may not have been offered or enhanced because of the official position of the Member or staff person, and (2) the benefits must be ones that are "customarily provided to others in similar circumstances" (clause 5(a)(3)(G)(i) of House Rule 26). These are the sole restrictions that apply to travel taking place under this provision of the gift rule. Travel of this type is not subject to the various specific restrictions, enumerated above, that apply to officially connected travel that is paid by a private source, such as the time limits on travel, the limitation that only a spouse or child may accompany, or the prohibition on recreational activities.

As a related matter, a Member, officer or employee may also accept transportation, lodging, meals and other benefits "customarily provided by a prospective employer in connection with bona fide employment discussions" (clause 5(a)(3)(G)(ii) of House Rule 26).

Travel resulting from such outside business, employment or other activities should not be reported on the 30-day Travel Disclosure Forms that are filed with the Clerk. Those forms are for the reporting of officially connected travel only. However, as with officially connected travel, travel resulting from outside activities that exceeds $260 in value in a calendar year must be reported on Schedule VII of the annual Financial Disclosure Statements of Members and officers, and of those employees required to file an annual statement.

Like gifts of other kinds, a gift of travel that is given on the basis of personal friendship may be accepted, unless the Member or staff person has reason to believe that, under the circumstances, the gift was provided because of his or her official position with the House, and not because of the personal friendship (clause 5(a)(3)(D) of House Rule 26). The specifics of the gift rule provision on personal friendship gifts are explored in the gifts chapter of this booklet, in the section entitled "Gifts Given on the Basis of Personal Friendship." Before accepting any gift of travel under this provision, a Member or staff person should review that section carefully.

An important limitation on the acceptance of gifts of travel under this provision should be mentioned here, however. A gift exceeding $250 in value – and any significant travel will almost certainly exceed that amount – may not be accepted on the basis of personal friendship unless the Standards Committee issues a written determination that the personal friendship provision applies. Thus, if the travel will exceed $250 in value, an advance written request for approval must be submitted to the Committee. The Committee keeps any such request, as well as its response, confidential.

Note also, however, that travel accepted on the basis of personal friendship that exceeds $260 in value must be reported on Schedule VI of the annual Financial Disclosure Statement of a Member, officer or filing employee, unless the Committee waives the reporting requirement. The Committee will consider written requests for waiver of the reporting requirement, but the waiver requests are made publicly available. Additional information on reporting of gifts and the standards for granting a waiver is provided in the Financial Disclosure Instructions booklet issued by the Standards Committee.

Three other gift rule provisions under which travel unrelated to official duties may be accepted are as follows.

First, there is the provision that allows the acceptance of certain opportunities and benefits that are similarly available to individuals outside the House (clause 5(a)(3)(R) of House Rule 26). Under this provision, for example, flights obtained through an airline’s frequent flier program, where the miles are accumulated through one’s personal travel, may be accepted. This provision is more fully explained in the chapter of this booklet on gifts, in the section entitled "Widely Available Opportunities and Benefits."

Second, the provision allowing the acceptance of honorary degrees also allows the acceptance of travel associated with the presentation of the degree (clause 5(a)(3)(K) of House Rule 26).

Under the gift rule, Members, officers and employees may accept travel that is "paid for by the Federal Government, [or] by a State or local government" (clause 5(a)(3)(O) of House Rule 26). This provision is fully explained in the chapter of this booklet on gifts, in the section entitled, "Things Paid for by the Federal Government, or by a State or Local Government." The gift rule includes no restrictions on the ability of Members and staff to accept travel offered by such a governmental entity, whether in terms of trip duration, accompanying individuals, or otherwise. Such travel does not have to be disclosed on either the 30-day Travel Disclosure Forms that are filed with the Clerk or on one’s annual Financial Disclosure Statement. The matter of travel paid for or authorized by the House is further addressed below.

The basic laws and rules on gifts from foreign governments are summarized in the gifts chapter of this booklet, in the section entitled "Gifts from Foreign Governments and International Organizations." As is detailed there, the Constitution prohibits Government officials from accepting any gift from a foreign government without the consent of Congress, and Congress has consented to the acceptance of certain gifts from foreign governments – including travel in limited circumstances – in two enactments: the Foreign Gifts and Decorations Act (FGDA)⁹⁴  and the Mutual Educational and Cultural Exchange Act (MECEA).⁹⁵  The texts of both of these statutes are set out in the appendices to this booklet.

A Member, officer, or employee may accept travel expenses from a unit of foreign government only under one of these two statutory grants of authority. An official may also accept expenses for foreign travel from private organizations, unaffiliated with any government, subject to the gift rule limitations described above. Travel authorized under MECEA is not subject to the time limits that apply to officially connected travel that is paid for by a private source. However, where FGDA travel is taken in connection with a trip that is otherwise paid for with private funds, the trip is subject to the seven-day limit.

Travel expenses from a foreign government under FGDA. Under the FGDA, any travel paid for by a foreign government must take place totally outside of the United States, must be consistent with the interests of the United States, and must be permitted under FGDA regulations issued by the Standards Committee.⁹⁶  The intent of this provision, as noted in the Committee’s regulations (§6(e)), is to allow an individual who is already overseas (as on a CODEL) to take advantage of fact-finding opportunities offered by the host country. Therefore, under the FGDA, the Member or employee may not accept expenses for transportation from the United States to the foreign destination or back home again. This rule may not be circumvented by having a foreign government pay for transportation to or from a point just outside the United States border.

The regulations issued by the Standards Committee under the FGDA state that any travel paid for by a foreign government must relate "directly to the official duties of the Member, officer, or employee."⁹⁷  The regulations also allow the acceptance of travel expenses by an accompanying spouse or dependent. Travel or expenses "may not be accepted merely for the personal benefit, pleasure, enjoyment or financial enrichment of the individual or individuals involved."⁹⁸  The FGDA and the Committee’s implementing regulations also cover gifts from "quasi-governmental" organizations closely affiliated with, or funded by, a foreign government, as well as any international or multinational organizations with membership composed of foreign governments.

A gift of travel permitted under the FGDA and accepted by a Member or employee must be disclosed within 30 days after leaving the host country.⁹⁹  The Committee provides a special form for this purpose. The form is reprinted in the appendices to this booklet, and copies are available from the Committee office or its Web site. Under the Committee’s foreign gifts regulations, the disclosure forms filed by Members and staff are publicly available at the Committee office, and their contents are published in the Federal Register on an annual basis.¹⁰⁰  Such travel need not be reported on the annual Financial Disclosure Statement of a Member, officer or employee.

Travel expenses from a foreign government under MECEA. MECEA authorizes the Director of the United States Information Agency to approve cultural exchange programs that finance "visits and interchanges between the United States and other countries of leaders, experts in fields of specialized knowledge or skill, and other influential or distinguished persons .  .  .  ."¹⁰¹  The Committee understands that USIA approval of a MECEA program will be reflected in a letter sent by USIA to a representative of the foreign government or another entity, and that USIA maintains a list of the approved programs.

Members and employees of the House may accept travel expenses from a foreign government in order to participate in an approved MECEA program.¹⁰²  Expenses for MECEA trips are not considered gifts, either for the purposes of the House gift rule or the FGDA. Under MECEA, however, the traveling Member or employee may not accept travel expenses for a spouse or family member.¹⁰³  All travel expenses in a MECEA trip are to be paid by the sponsoring foreign government, and none of the trip expenses may be paid by any private source.

It is the responsibility of a Member, officer or employee who accepts an invitation to travel to a foreign country to confirm that the expenses for travel to and from the United States are not paid for by a foreign government, unless the trip is consistent with a program approved by USIA under MECEA. Accordingly, where one is invited on a trip that the sponsoring organization describes as permissible under a MECEA program, it is advisable for the invitee to ask the sponsoring organization for a copy of the letter from USIA approving the program. In addition, the Committee understands that USIA will, upon request, review specific trips and determine whether a trip is consistent with an established MECEA program. Such a determination can be requested by either the sponsoring organization or an invitee, and obtaining such a determination from USIA is the best way to ensure compliance with the statute.

A MECEA trip should not be reported on a Member/Officer or Employee Travel Disclosure Form (those forms are filed for privately funded travel only), or on an FGDA form. However, Members, officers, and employees who are required to file an annual Financial Disclosure Statement must report any MECEA trip in which they participated on Schedule VII of that form. The foreign governmental entity that paid for the travel should be identified as the "source" of the travel in Schedule VII.

Travel paid for by a political organization should not be reported on the 30-day Travel Disclosure Forms that are filed with the Clerk, as those forms are for the reporting of officially connected travel only. Travel paid for by a political organization must be reported on one’s annual Financial Disclosure Statement only if that travel is not required to be reported on an expenditure report filed with the Federal Election Commission. Accordingly, travel paid for by, for example, a congressional campaign committee generally will not have to be reported on one’s Financial Disclosure Statement. However, travel paid for by, for example, a state or local political organization will have to be reported on Schedule VII of that form.

The term "official travel" refers to travel paid for or authorized by the House. Official travel includes travel paid for out of the Members’ Representational Allowance or with committee funds, as well as the travel of Members or staff abroad as part of a CODEL or a STAFFDEL.

The basic rules and regulations governing official travel paid for with funds from the Members’ Representational Allowance, or with committee funds, are established by the House Administration Committee. Those rules are set forth in two publications of that committee – the Members’ Congressional Handbook, and the Committees’ Congressional Handbook. Guidance on those rules should be sought from the House Administration Committee.

Official travel to a foreign country may be authorized by the Speaker under clause 10 of House Rule 1, or by a committee chair. Such travel is subject to the requirements set forth in 22 U.S.C. § 1754, as well as clause 8 of House Rule 10 (on funding of foreign travel), and clause 10 of House Rule 25 (prohibiting such travel by a Member not elected to a succeeding Congress after the general election or sine die adjournment).

Travel that is paid for or authorized by the House should not be reported on the 30-day Travel Disclosure Forms that are filed with the Clerk, or on one’s annual Financial Disclosure Statement.

In General. As noted above, clauses 1-3 of House Rule 25 prohibit the acceptance of private support – both monetary and in-kind – for official House activities.¹⁰⁵  Accordingly, as a general rule, travel the primary purpose of which is to conduct official business must be paid for or authorized by the House. Put another way, Members and staff may not accept expenses or in-kind support from a private source for such travel.

General Requirement that All Expenses of an Official Trip Be Paid with Official Funds. Pursuant to House Rule 25, a private source generally may not pay any portion of the expenses of a trip having an official purpose.

However, as a general matter, a Member or staff person would not violate House Rule 25 by accepting, while on official travel, food or refreshments that he or she may otherwise accept under the gift rule, for example:

• A meal provided by a foreign government that is acceptable under the Foreign Gifts and Decorations Act;

• A meal that is part of a privately sponsored, "widely attended" event;

• A meal offered in a private residence as personal hospitality (but not from a registered lobbyist or foreign agent);

• A meal that is provided by an individual on the basis of personal friendship;

• Food or refreshments, including a meal, offered by the management of a site being visited, on that business’s premises, and in a group setting with employees of the organization; or

• Food or refreshments of nominal value, not offered as part of a meal, at a privately sponsored reception.

The various provisions of the gift rule that allow the acceptance of these items of food or refreshments are detailed in the gift chapter.

However, privately sponsored travel that is greater than incidental – i.e., travel from one city or one country to another (including meals) – is subject to a different rule. While on official travel, a Member or staff person may accept such privately sponsored travel only if it has a purpose that is entirely different from that of the official travel.

The Standards Committee understands that under the contracts with the airlines, hotels and car rental companies that establish the "Government rate", that rate is available only for official travel. Accordingly, as a general matter, the Government rate can be used only when the travel of a Member, officer or employee is to be paid for with official funds, and is not available when the travel is to be paid for with, for example, the funds of a private organization or campaign funds. Furthermore, as a general matter, a House office may not use the Government rate for the travel of anyone other than a Member, officer or employee. Thus the rate is not available for the travel of, for example, the spouse or a child of one of those officials. Information on use of the Government rate is also available from the staff of the House Administration Committee.

The rule on the use of frequent flier miles and similar benefits earned through official travel was established by the House Administration Committee and is set forth in the Members’ Congressional Handbook and the Committees’ Congressional Handbook. The rule is as follows:

Information on use of frequent flier miles earned through official travel is available from the House Administration Committee staff.

For the most part, the preceding sections of this chapter treat all trips as having a single purpose, i.e., an officially connected purpose, a personal purpose, a political purpose, or an official purpose. However, insofar as the Standards Committee is concerned, it is possible for a trip to have more than one such purpose.

As to any such mixed purpose trip, the Member, officer or employee must determine what the primary purpose of the trip will be. The source associated with that primary purpose – for example, a political committee for campaign or political activity, the Government for official business, or the traveler’s own funds for personal business – must pay for the airfare (or other long-distance transportation expense), and all other travel expenses incurred in accomplishing that purpose. Any additional meal, lodging or other travel expenses that the Member or staff person incurs in serving a secondary purpose must be paid by the source associated with that secondary purpose.

The determination of the primary purpose of a trip must be made in a reasonable manner, and one relevant factor in making that determination is the number of days to be devoted to each purpose. That is, often the primary purpose of a trip is the one to which the greater or greatest number of days is devoted.

However, any mixed purpose trip that would be paid in part with campaign funds or House funds must also comply with, respectively, Federal Election Commission rules or rules of the House Administration Committee. The Standards Committee understands, for example, that FEC rules severely limit the ability of Members to, for example, attend a campaign fundraiser while in the course of officially connected travel paid for by a private source. Thus Members and staff should consult the House Administration Committee and/or the FEC, as appropriate, when planning a mixed purpose trip.

This provision is explained more fully on pp. 25-27 of the chapter on gifts.

At times Members or staff are offered the use of, or wish to use, a private aircraft for travel. Whether it would be permissible to use a private aircraft for a particular trip will depend on a number of circumstances, including the type of travel involved. The major considerations on use of a private aircraft, according to the type of travel, are as follows.

Travel Resulting from Outside Business, Employment or Other Activities. In participating in travel resulting from outside business, employment or other activities, a Member, officer or employee may accept a flight on a private aircraft provided by the business or other entity with which the individual is involved, if two conditions are satisfied: (1) the private aircraft was not provided because of the individual’s official position, and (2) such travel is customarily provided to others in similar circumstances.

• As a general matter, the personal friendship provision can apply only if the aircraft is owned by the individual, and cannot apply to a flight on an aircraft owned by a corporation or other entity.

• Where the value of a gift proposed to be accepted under the personal friendship provision exceeds $250, written approval of the Standards Committee is required before the gift can be accepted. Practically any flight on a private aircraft will exceed $250 in value and hence will require Committee approval.

• Gifts received by a Member, officer or senior employee that exceed $260 in a calendar year – including flights on a private aircraft – must be reported on the individual’s annual Financial Disclosure Statement, unless the Standards Committee grants a waiver of the reporting requirement.

• A flight may not be accepted on the basis of personal friendship where the primary purpose of the trip is either to conduct House business or to engage in campaign activity.

However, the Standards Committee understands that individuals, corporations and other entities that own private aircraft rarely have the ability, under their certification from the Federal Aviation Administration, to accept such compensation for the carriage of passengers, except with regard to campaign travel. Thus before accepting a flight that is to be paid for with personal funds (or with official funds), a Member, officer or employee should ensure that the aircraft owner may lawfully accept payment in the prescribed amount.

Travel Paid for by the Federal Government, or by State or Local Government. A flight on a private aircraft that is paid for by the Federal Government, or by a state or local government, may be accepted. Likewise, a flight on an aircraft owned by a governmental entity may be accepted.

Travel Paid for by a Political Organization. Rules on the use of corporate or labor organization aircraft for campaign travel are set out in the regulations of the Federal Election Committee at 11 C.F.R. § 114.9(e). Briefly stated, those rules require advance reimbursement of the corporation or union that owns the aircraft at rates set forth in the regulations. However, the use of an aircraft owned by an individual, rather than a corporation or union, for campaign travel is governed by a different set of FEC rules. The FEC should be consulted for guidance on these rules.

Otherwise, the Standards Committee understands that if an employee of a Member personally owns an airplane, the employee may fly the Member on official business and receive per-mile reimbursement from the Member’s Representational Allowance under rules issued by the House Administration Committee. Questions on this matter should be directed to the House Administration Committee.

Valuation of a Flight on a Private Aircraft. When a Member or staff person uses a private aircraft for either a political or an official purpose, reimbursement must be made at the rates and under the rules prescribed by, respectively, the Federal Election Commission or the House Administration Committee.

Otherwise, for purposes of the gift rule, flights on private aircraft have heretofore been valued according to a policy statement that the Committee issued in 1987. Under that policy, most such flights were valued at the cost of a first-class ticket from the point of departure to the destination. The Committee has revised this policy to accord a higher value – i.e., the cost of a charter – to any flight that was scheduled specifically for the use of the Member, officer or employee. The rules of the House Administration Committee likewise require reimbursement at this higher rate where such a flight is taken for an official purpose. Thus this change brings the Standards Committee policy into harmony with the House Administration Committee rule on this point.

Accordingly, flights on a private aircraft are hereafter to be valued as follows:

When the travel is via a previously or regularly scheduled flight by the owner or operator of the aircraft, and the cities between which the Member or staff person is flying have regularly scheduled air service (regardless of whether such service is direct), then the value of the use of the aircraft is the cost of a first-class ticket from the point of departure to the destination. If only coach rates are provided between those points, the value is the coach rate. If more than one first-class or coach rate is available, the lowest fare will be used. However, no discount fares, such as "supersaver" fares, will be used for valuation purposes.

When the flight is scheduled specifically for Member or staff person use, or when either the point of origin or destination does not have regularly scheduled air service, then the value of the use of the aircraft is the cost of chartering the same or a similar aircraft for that flight.

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