Highlights of

House Ethics Rules

 

This presentation has been prepared as a convenience for
Members, officers and employees of the House of Representatives.


For more information, and for advice on specific factual situations,
contact the Committee on Standards of Official Conduct's
Office of Advice and Education at (202) 225-7103.

Detailed information is also available on the Committee's
Web site at www.house.gov/ethics


Revised 2/2006 




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
 
 
 
RETURN TO THE STANDARDS COMMITTEE'S HOME PAGE