May 13, 2004

 

NATIONAL POLITICAL CONVENTIONS

                                                                                   

Dear Colleague:

 

            With many Members planning to attend one of the political conventions this summer – and with planning for convention-related events already underway – we thought it would be helpful to provide you with a summary of the key provisions of the House gift rule (clause 5 of House Rule 25) that apply in the context of the conventions.  Any questions on how these provisions apply to a specific proposed event or other gift should be directed to the Committee.

 

            The gift rule prohibits Members and staff from accepting any gift – including any meal, entertainment, transportation, services, or anything else having monetary value – except as specifically provided in the rule.  Members and staff are also generally prohibited from soliciting any gift, whether for themselves or for others.  Under the gift rule as applied by the Committee, the gifts that may be accepted in connection with the conventions include the following.

 

            1.  Any gift paid for by the cities of Boston or New York, or any unit of Federal, state or local government, may be accepted.  However, this gift rule provision does not apply where a governmental entity is being used merely as a conduit for a gift from another person.  Thus, for example, if a city were given event tickets that were earmarked, either formally or informally, for distribution to Members or staff, those tickets would be deemed a gift from the original donor and would be subject to the restrictions of the rule that apply to gifts from that source.

 

            2.  The rule allows the acceptance of a range of gifts – including meals, lodging, entertainment and transportation – from a political organization in connection with a campaign or fundraising event that the organization is sponsoring.  Under this provision, as applied by the Committee, Members and staff may accept such gifts provided in connection with the convention from the Democratic or Republican National Committee or the Democratic or Republican Convention Committee, as well as from the Convention Host Committees for Boston and New York City.[1]  In addition, travel expenses to the convention may be accepted from a state or local party organization, or a Member may use his or her campaign funds to pay travel expenses to the convention.[2]

           

3.  At times state or local party organizations, campaign committees, and other political organizations sponsor their own campaign or fundraising events at the conventions.  Under the same gift rule provision that is referred to in item 2, Members and staff may accept an offer of free attendance at such events and related benefits from the sponsoring political organization (but not from anyone other than the sponsoring political organization).  However, Members and staff should consult with the Federal Election Commission staff regarding their attendance at non-federal political fundraising events.   

 

            4.  Attendance at receptions, at which the food served is limited to hors d’oeuvres, beverages and similar items and does not include a meal, is permissible under the gift rule.

 

            5.  Staff members who are convention delegates, and Members, whether or not they are convention delegates, may accept invitations to events and other gifts that are offered to all of the convention delegates or to, for example, all of the convention delegates from their state.

 

            6.  A Member or staff person, as well as one accompanying individual, may accept an offer of free attendance at a “widely attended” event, if the invitation is extended by the event organizer.  Attendance at a number of convention-related events that include at least 25 non-congressional attendees is permissible under this gift rule provision (but this provision generally does not allow free attendance at events such as shows or sporting events).  Further information on the “widely attended” event provision of the gift rule is available on pp. 22-25 and 26-28 of the Committee’s Gift and Travel booklet.        

 

            7.  A Member or staff person may also accept any gift (other than cash or cash equivalent) having a value of less than $50, provided that, during the calendar year, he or she does not exceed the overall limitation in the value of gifts from any one source of less than $100.  Members and staff must be especially cautious about accepting invitations to sporting events, shows, recreational activities, or small group or one-on-one meals.  Unless acceptable under one of the gift rule provisions noted above, attendance likely will be permissible only if the market value of the gift is less than $50.

 

            8.  At times Members wish to hold an event of their own at the convention, such as a reception.  As a general matter, Members may pay for such events with their campaign funds.  In addition, the Committee’s Gift and Travel booklet includes, on pp. 59-60, a summary of the rules that apply where an outside organization wishes to sponsor an event “in honor of” one or more Members. 

 

*    *    *

 

            Further explanation of the gift rule and guidance on the application of its provisions to specific events and gifts is available from the Committee.  Questions should be directed to the Committee’s Office of Advice and Education at extension 5-7103.

 

Sincerely,

 

 

 

                 s/  Joel Hefley                                           s/ Alan B. Mollohan

                    Chairman                                            Ranking Minority Member

 

 

 

 

 



[1] However, the same caveat noted above with regard to gifts earmarked for distribution to Members or staff applies as well with regard to any such gifts received by these committees.  Any such gifts would be deemed to be from the original donor, and not from the party, convention or host committee.   

 

[2] The Federal Election Commission has issued advisory opinions that address circumstances in which a Member may use campaign funds to pay, in addition, the convention-related travel expenses of his or her spouse or child, or those of a congressional staff member (please note, however, that a congressional staff member may attend a convention only on his or her own time, and not on official time).  The FEC staff should be consulted with regard to use of campaign funds to pay the convention-related travel expenses of these other individuals.