SUBJECTS COVERED:
GIFTS Applies to All Members, Officers and
Employees
Return to top
of page
The House Gift Rule prohibits
acceptance of any gift unless permitted by one of the exceptions stated in
the rule. Gifts allowed by the exceptions include --
- Any gift (other than cash or cash
equivalent) valued at less than $50; however, the
cumulative value of gifts that can be accepted from any one source in a
calendar year is less than $100
- Gifts having a value
of less than $10 do not count against the annual limit
- "Buydowns" are not allowed -- i.e., a gift valued at $55
cannot be accepted merely by paying $6,
- Gifts from relatives, and gifts from
other Members or employees,
- Gifts based on personal friendship
(but a gift over $250 in value may not be accepted unless
a written determination is obtained from Standards
Committee),
- Personal hospitality in a private
home (except from a registered lobbyist),
- Free attendance at charity,
political, or officially-related "widely attended" events if offered by
sponsor, and free attendance at receptions,
- Anything paid for by federal, state,
or local government.
MEMBERS AND STAFF MAY NEVER SOLICIT A GIFT, OR ACCEPT A
GIFT THAT IS LINKED TO ANY ACTION THEY HAVE TAKEN OR ARE BEING ASKED TO
TAKE.
FURTHER GUIDANCE CAN BE FOUND IN THE FOLLOWING
MEMORANDA:
Gifts and Travel Booklet
Answers to the "Top 20 Questions"
Privately Sponsored
Travel
Applies to All Members,
Officers and Employees
Return to top of page
- Private payment of necessary food,
transportation and lodging expenses may be accepted from a qualified
private sponsor for travel to a meeting, speaking engagement, or
fact-finding event in connection with official
duties.
- Limit on number of days at the
expense of the trip sponsor:
-4 days, including travel time, for
domestic travel.
-7 days, excluding travel time, for
foreign travel.
- Entertainment/recreational expenses
may not be accepted except as gift rule
allows.
- Staff travel must be authorized in
advance, in writing, by the supervising Member.
Sample
Form
- A form disclosing the identity of
the sponsor, the purpose and itinerary of the trip, and the expenses
paid must be filed with the Clerk of the House within 30 days after
return.
Employee Travel Disclosure Form
Member
Travel Disclosure Form
- Within certain limits, may extend
trip at own expense and on own time.
- May take one relative (including
spouse, child, brother, sister, or parent), if sponsor offers.
- These time limits and reporting
requirements do not apply to government-funded
travel.
CONSULT Gifts and Travel Booklet for detailed information.
Campaign
Activities
Return to top of page
- No campaign activities in any
congressional office or room.
- No use of congressional office
resources (including equipment, supplies or files) for campaign
purposes.
- No solicitation of political
contributions from or in any congressional office.
- Don't accept any contribution that
is linked to any official action, past or prospective.
- Campaign funds may be used only for
bona fide campaign or political purposes, but personal use or borrowing
of campaign funds is prohibited; with limited exceptions (see "Involvement with Outside Entities"),
campaign funds and resources cannot be used for official House
purposes.
- No staff contributions for employing
Member's campaign.
- No staff outlays for employing
Member's campaign (other than for campaign-related travel taking place
on employee's own time), even if the employee is promptly
reimbursed.
- Staff may do campaign work on own
time, provided that the work is done outside the congressional office;
but no employee can be compelled to do campaign work.
FURTHER GUIDANCE CAN BE FOUND
IN THE FOLLOWING MEMORANDA:
Campaign Booklet issued December
2001 Rules Governing (1) Solicitation by Members, Officers and Employees in General, and (2)
Political Fundraising Activity in House Offices issued April 25, 1997 Revised
Solicitation Guidelines issued April
4, 1995
Staff Rights and
Duties
Return to top
of page
- Congressional resources and time are
to be used for official House business-not for personal or political
matters, or the business of any outside organization.
- Outside employment is generally
permissible provided that there are no conflict-of-interest concerns,
and the employing Member does not object. Senior employees must comply
with the outside
earned income limitation and the outside employment
limitations.
- Staff must perform official duties
commensurate with pay.
- Members may take into consideration
political affiliation and domicile in making employment decisions, but
not race, religion, sex, handicap, age or national
origin.
- Criminal law generally prohibits
Federal employees, outside their official duties, from representing
anyone before the Federal Government or in court on any matter in which
the Government is a party or has a direct and substantial interest --
even on an unpaid basis.
- Staff members are prohibited from
giving anything of value to the employing Member or a superior, except
for voluntary gifts on special occasions, such as a
birthday.
- Staff (and Members) may not accept
anything of value in return for or as a "thank you" for performing any
official duty.
Further guidance can be found in the
following memorandum:
Member
Office Activities in Areas Added by Redistricting, issued February 15,
2002
Interns, Fellows
and Volunteers
Return to top
of page
- Member or House offices may accept temporary services of an unpaid intern if the intern is
participating in a program that is primarily of educational
benefit to the individual.
- Member or House offices may accept temporary services of a fellow in a mid-career education
program while the individual receives compensation from his or her
employer.
- Member or House offices may accept
the temporary services of a volunteer not part of an
outside program, provided the Member or office has a clearly defined
program to assure that the voluntary service (1) is of significant
educational benefit to the participant, and (2) does not supplant
the normal and regular duties of paid employees.
- In considering use of unpaid
individuals, Members and offices take into account any connection or
affiliation that the individual has with any organization or industry
having interests Congress.
- Interns, fellows and volunteers
should not be assigned duties that will result in any direct or indirect
benefit to the sponsoring organization or anyone else with whom the
individual is affiliated, other than broadening the individual's
knowledge.
Communications to
Government Agencies
Return to top
of page
- Members have broad discretion in
helping constituents before government agencies: may make a status
inquiry; urge prompt and fair consideration; ask for full and fair
consideration consistent with applicable law and regulations; arrange
appointments -- or, where warranted by the merits of the case, express
judgment or ask for reconsideration of decision.
- No preferential treatment for the
Member's supporters, contributors or friends in casework matters --
treat all constituents fairly, and on the merits of their
claims.
- Avoid "ex parte" communications in
cases before agencies or courts - i.e., off-the-record
communications to the decision-maker that are made without prior notice
to all parties.
- Members and employees may not
contact an agency on a matter in which they have a personal financial
interest.
- May not directly or indirectly
threaten reprisal against any agency official, or promise favoritism or
benefit.
- Job recommendations to Federal
agencies for regular civil service positions may include only statements
that are based on personal knowledge of the applicant, or address the
applicant's character (e.g., honesty, integrity) or residence (e.g.,
lives in district or state).
FURTHER GUIDANCE CAN BE FOUND
IN THE FOLLOWING MEMORANDUM:
Employment Recommendations
issued October 1, 1998
Involvement with Outside Entities
Return to top
of page
- Avoid mixing of House and private
resources.
-
A House office may not accept cash
or in-kind support from any individual or private organization; while
this prohibition generally applies to a Member's campaign, campaign
funds may
be used to pay for official food and beverage expenses, a cellphone or
"personal digital assistant," lease of a vehicle for
official travel, or other official travel expenses.
- A House office may not jointly
sponsor a town meeting or other event with any private
group.
- Do not let outside organizations use
a copy of official letterhead, or any terms or symbols that may indicate
an official endorsement, such as any official seal, or the institutional
names "House of Representatives" or "Congress of the United
States."
- Official mailing lists may be used
only for franked mail; unofficial lists must be purchased for fair
market value if not already available for public use.
- Members and staff may solicit
contributions for a charity qualified under §170(c)
of the Tax Code, provided that no official resources are used, no
official endorsement is implied, no direct personal benefit results for
the soliciting Member or employee, and registered lobbyists are not
targeted.
- Prior written approval from the
Committee is required for all other solicitations.
FURTHER GUIDANCE CAN BE FOUND
IN THE FOLLOWING MEMORANDA: Member Use of Campaign Funds to Pay
Food and Beverage Expenses at Events Sponsored by Their Office and Other
Official House Events issued May 8, 2002 Prohibition Against Private
Subsidy of Conferences, Meetings and Other Events Sponsored by a House Office
issued September 28, 2001
Answers to the
"Top 20 Questions" issued March 4,
1998 Rules Governing (1)
Solicitation by Members, Officers and Employees in General, and (2)
Political Fundraising Activity in House Offices issued April 25, 1997 Revised
Solicitation Guidelines issued April
4, 1995
Conflicts of
Interest
Return to top
of page
- Official position and confidential
information may not be used for personal gain.
- A Member must abstain from voting on
a matter on the House floor only if the Member has a direct, distinct
personal or pecuniary interest in the matter.
- Abstention from floor voting is
generally not required where the Member would be affected only as a
member of a class (such as a shareholder in a publicly held
corporation), but greater caution is required in taking other kinds of
official action, such as scheduling a hearing or voting in
committee.
- Under criminal law, Members may not
contract with a federal agency except in limited circumstances (relating
primarily to participation in certain federal farm support
programs).
- Spouses and other family members
have substantial discretion in employment and investments. However
--
- Members and staff should not do
any special favors for family members.
- Members may not hire family
members in their congressional offices.
The Honoraria Ban
Applies to
All Members, Officers and Employees
Return to top
of page
- An honorarium is a payment for any
speech, appearance, or article.
- In lieu of an honorarium, sponsor of
an event or the publisher may donate up to $2000 per event to a
charity qualified under §170(c)
of the Tax Code, provided that --
- The sponsor or publisher makes the
donation directly to the charity; and
- Neither the Member or employee,
nor a relative of a Member or employee, receives any financial or tax
benefit from the donation.
- Members, officers, and senior
employees must report any donations in lieu of honoraria on Financial
Disclosure Statements, and identify recipient charities in an
accompanying confidential report.
- However, an employee paid
below the "senior staff" (i.e, paid below
$109,808 in 2006) may accept an honorarium, unless the
subject matter is directly related to his or her official duties, the
payment is made because of the individual's status with the House, or
the payor has interests before the House that the employee may
affect.
Outside Earned
Income Limitation & Employment
Restrictions
Return to top
of page
APPLY ONLY
TO MEMBERS AND SENIOR STAFF
Outside
Earned Income Limit for Calendar Year 2006 - $24,780
NO
paid professional services involving a fiduciary relationship, including
law, real estate or insurance sales, financial services, or consulting or
advising (see 5 U.S.C. app. 4 §502(a)).
NO
affiliation for compensation with any firm that provides such professional
services.
NO
use of name by any firm that provides such professional
services.
NO
paid service as officer or board member of ANY organization.
NO
paid teaching without advance written approval of the Standards
Committee.
NO
advances on copyright royalties in book contracts; royalties may be
accepted only if contract is with an established publisher on customary
terms and is approved by Standards Committee.
"Senior staff" in 2006 is anyone paid at an
annual rate of $109,808 or more for over 90 days.
FURTHER GUIDANCE CAN
BE FOUND IN THE FOLLOWING MEMORANDA:
Outside
Earned Income Restrictions on Members and Senior Staff issued February 23,
1998 Salary Levels
at which the Outside Earned Income Limitation, Financial Disclosure
Requirement, and Post-Employment Restrictions Apply for
2006 issued February 2006
Financial
Disclosure
Members, Officers, Senior
Employees, and Principal Assistants
Return to top
of page
- Annual reports due by May
15th of each year, covering the prior calendar year.
(Standards Committee may grant an extension if written, signed request
is received before due date.)
- Must disclose income (earned and
unearned), assets, liabilities, transactions in securities and real
property, certain gifts, travel paid by a private source, outside
positions, and agreements.
- Financial information regarding
spouse and dependent children generally must be disclosed as
well.
- Termination reports required within
30 days of departure.
- $200 late filing fee; possibility of
additional Committee action for late, incorrect or incomplete filing;
civil action may be initiated by the Department of
Justice.
- Standards Committee reviews all
reports, and upon request will pre-screen Statements.
- Staff paid at "senior
rate" for 60 days or more in a year must file; a Member who
does not have an employee paid at that rate must designate a "principal
assistant" who files.
FURTHER GUIDANCE CAN BE FOUND IN
THE FOLLOWING MEMORANDUM:
Salary Levels
at which the Outside Earned Income Limitation, Financial Disclosure
Requirement, and Post-Employment Restrictions Apply for
2006 issued February 2006
Post-Employment
Restrictions
APPLY ONLY TO
MEMBERS, OFFICERS AND "VERY SENIOR STAFF"
Return to top
of page
For ONE YEAR after leaving
office:
-
A Member may not communicate with or appear
before a Member, officer or employee of either House of Congress, or any
Legislative Branch office, with intent to influence official action on
behalf of anyone else.
- Very Senior Staff may not
communicate with or appear before the individual's former employer or
office with intent to influence official action on behalf of anyone
else.
- A Member, Officer or Very Senior
Staff Member:
- May not represent or
advise a foreign government or a foreign political
party.
- May represent oneself, a
state or local government, or the U.S. Government as an official or
employee of a government agency or entity.
"Very Senior Staff " in 2006, is anyone who was, in the one year
prior to termination, paid at an annual rate of $123,900 or
more for 60 days or more in the aggregate.
Violation of these prohibitions is a
felony under 18 U.S.C. §207. Penalties include fine and/or
imprisonment.
FURTHER GUIDANCE CAN BE FOUND IN THE
FOLLOWING MEMORANDUM:
Salary Levels
at which the Outside Earned Income Limitation, Financial Disclosure
Requirement, and Post-Employment Restrictions Apply for
2006 issued February 2006
Call or Write the
Committee Before Acting:
Return to top
of page
(202)
225-7103
(Room HT-2, The Capitol, Washington, DC 20515)
All communications are confidential.
Law states that no one is placed at risk by seeking
Committee advice about future conduct.
Good faith reliance on written Committee opinions protects
you from sanctions under House rules.
HOUSE ETHICS
MANUAL, THE
COMMITTEE'S GIFTS AND TRAVEL BOOKLET, CAMPAIGN ACTIVITIES
BOOKLET AND THE SUPPLEMENTAL COMMITTEE
ADVISORY MEMORANDA CONTAIN DETAILED GUIDANCE AND
TEXT OF THE APPLICABLE LAWS AND RULES.
THE TEXT OF THE MANUAL, BOOKLETS, MEMORANDA AND OTHER
MATERIALS IS AVAILABLE ON THE COMMITTEE WEB SITE AT
www.house.gov/ethics
|