December 7, 2004                                

                                                                                                                       

 

MEMORANDUM FOR ALL MEMBERS, MEMBERS-ELECT, OFFICERS AND EMPLOYEES

 

FROM:           Committee on Standards of Official Conduct

                         s/ Joel Hefley, Chairman

                         s/ Alan B. Mollohan, Ranking Minority Member

 

SUBJECT:     Member Swearing-in and Inauguration Day Receptions, and Attendance at Inaugural-Related Events

 

 

                Recently the Committee has received a number of inquiries on the rules relating to two subjects: (1) the receptions that Members wish to hold in connection with their swearing-in on January 4, 2005 and on Inauguration Day, and (2) Member and staff attendance at events held in connection with the Presidential Inauguration.  The major rules that apply in these areas are briefly summarized below, and guidance addressed to specific circumstances is available by calling or writing to the Committee.

 

            Member swearing-in and Inauguration Day receptions.  At times Members – especially newly elected Members – wish to hold a reception or similar event for their supporters in connection with their swearing-in.  The Committee has long advised that Members may use their campaign funds to pay the costs of such a reception, and this is so even if the reception is held in the Member’s office or another House room.  A Member may also use campaign funds to pay for an Inauguration Day reception for visiting constituents that the Member holds in his or her office or elsewhere.

 

            The Committee has received several inquiries, the substance of which is whether it is permissible for a lobbying firm or other private entity to pay the costs of a Member’s swearing-in or Inauguration Day reception.  Such arrangements are not permissible, as the payment of the costs of the event would constitute an impermissible gift to the Member under the House gift rule (clause 5 of House Rule 25).

 

            Attendance at Inaugural-related events.  Offers of free attendance at Inaugural-related events are fully subject to the House gift rule.  Thus, a Member or staff person may accept such an offer only if acceptance is allowed under one of the provisions of the rule.  Many of the inquiries that the Committee has received concern attendance at events sponsored by a state society or other private organizations.  Free attendance at those events is generally permissible under the “widely attended” event provision of the gift rule, provided that the offer was made by the event organizer (not a person who simply bought tickets or donated to the event), the offer is limited to the Member or staff person and one accompanying individual only, and the provision’s requirements on event size are satisfied. 

 

In addition, Members and staff are generally free to attend any reception, i.e., an event at which the food served is limited to hors d’oeuvres, beverages and similar items and does not constitute a meal.  The gift rule also allows the acceptance of virtually any gift, including attendance at an event, having a fair value of less than $50, subject, however, to the overall limitation of less than $100 in such gifts from any one source in a calendar year.  Detailed information on the provisions of the gift rule is available in the Committee’s Gifts & Travel booklet, copies of which are available from the Committee’s office, and the text of which is on the Committee’s Web site, www.house.gov/ethics. 

 

Any questions on these subjects should be directed to the Committee’s Office of Advice and Education at (202) 225-7103.