Below is a condensed version of this topic; for complete guidance please refer to the House Ethics Manual, Chapter 2 on gifts.
Gifts Valued at Less Than $50
Gifts Given on the Basis of Personal Friendship
Attendance at Events (including meals)
Food or Refreshments of Nominal Value
Meal or Local Transportation Incident to Visit a Business Site
Commemorative Items
Books, Periodicals and Other Informational Materials
Things Paid for by the Federal Government, or by a State or Local Government
Gifts From Foreign Governments and International Organizations
Benefits Resulting from Outside Businesses and Other Activities
Personal Hospitality of an Individual
Contributions to a Legal Expense Fund, and Pro Bono Legal Services
"Home State" Products
Honorary Degrees and Nonmonetary Public Service Awards
Training in the Interest of the House
Widely Available Opportunities and Benefits
Loans
Awards and Prizes
Gifts From Relatives
Gifts From Other Members, Officers, or Employees
Events in Honor of a Member, Officer, or Employee
Artwork and Other Gifts of an Unusual Nature
Things For Which a Gift Rule Waiver Is Granted
Other Acceptable Gifts
Gifts Valued at Less Than $50
A Member, officer, or employee may accept a gift, other than cash or cash equivalent, having a value of less than $50, provided that the source of the gift is not a registered lobbyist, foreign agent, or private entity that retains or employs such individuals. The cumulative value of gifts that may be accepted from any one source in a calendar year must be 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 (House Rule 25, clause 5(a)(1)(B)).
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. The Standards Committee has determined that gift cards which are redeemable for purchases at a retail establishment or restaurant are the equivalent of cash and therefore may not be accepted under the gift rule.
Definitions of Registered Lobbyist and Agent of a Foreign Principal. The gift rule defines the term “registered lobbyist� as “a lobbyist registered under the Federal Regulation of Lobbying Act or any successor statute,� and the term “agent of a foreign principal� as “an agent registered under the Foreign Agents Registration Act� (House Rule 25, clause 5(g)).
With regard to registered lobbyists, the Lobbying Disclosure Act of 1995 (Pub. L. 104-65) is a successor statute to the Federal Regulation of Lobbying Act. The Lobbying Disclosure Act in turn defines the term “lobbyistâ€? to mean “any individualâ€? who engages in certain activities set forth in the act. 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.
Application of the Rule in Specific Circumstances
In accepting any gift under the general gift rule provision, 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.
Example 6. A staff member taken to a restaurant by a local businessman may not order an expensive meal and simply pay his host the amount by which the bill for his food and beverages exceeds $49.99. If the bill for his food and beverages exceeds $49.99, he must pay the entire bill himself.
Example 7. A Member is offered a skybox ticket to a baseball game valued at $60. The Member may not accept the ticket simply by paying the offeror $11. If the Member wishes to accept the ticket, he must pay the offeror $60.
Example 8. During the year, a staff member has accepted meals and other gifts from a corporation that does not retain or employ lobbyists or registered foreign agents, each of which had a value of $10 or more, and the cumulative value of which is $85. The staff member may not then accept a meal having a value of $20 from that corporation simply by paying the corporation $6. Instead, he must either decline the meal or personally pay its cost in full.
However, when 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.
Example 9. A staff person is offered four tickets to a baseball game, each having a value of $15. The staff person may accept three of the tickets, but he must either decline or pay the full price of the fourth ticket.
The “Source� of a Gift. A gift received from an individual affiliated with an organization counts against the annual gift limitation of both the individual and the organization.
Example 10. A committee staff person accepts a lunch valued at $15 from a representative of a nonprofit organization that does not retain or employ lobbyists or registered foreign agents. Both the representative and the organization are deemed to be the “source� of the lunch, and the annual gift limit of both for that staff person will be reduced accordingly.
“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.
Example 11. A corporation that does not retain or employ lobbyists or registered foreign agents sends a Member a box of samples of its products. The box includes 6 products, each of which has a value of about $10.00. The box cannot be accepted under this provision, as its total value exceeds the per-gift limit of less than $50.
Valuation of Gifts. Under the gift rule, items are generally 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.
For further information on the valuation of gifts – including tickets to sporting events and shows – see the section below entitled “Pay Market Value for the 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, when 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.
Another example concerns the delivery of perishable food, such as pizza, to a House office for consumption by staff. In such an instance, the gift of food sent to a House office is deemed to be a gift to the individual recipients, and not to the employing Member. Thus, when a private source sends perishable food to a House office for staff, each staff member may accept food having a value of up to $49.99, subject to the following restrictions and limitations –
-
If the source of the gift of food is a registered lobbyist, agent of a foreign principal, or private entity that retains or employs such individuals, the food may not be accepted. Because it is often a lobbyist or client of a lobbyist that is the source of the food being sent to a House office, Members and staff should exercise caution before accepting the food. Even if the food is from a permissible source, the following limitations must be observed.
-
Each staff member must comply with the annual gift limitation of less than $100 from any source in a calendar year. Any gift having a value of less than $10 does not count against the annual limitation. In order to comply in good faith with the dollar limitation on gifts, a staff member who is offered such a gift of food must learn both the identity of the donor and the dollar value of the food provided.25
-
While, as noted above, the gift rule provides that a gift valued at less than $10 is generally acceptable, the Committee has long advised that to accept such a gift from one source on a repetitive basis is contrary to the spirit of the gift rule, and hence is not permissible under the House Code of Official Conduct.26 Accordingly, it would be impermissible for a staff member to accept gifts of perishable food, even if valued at less than $10 each, from any one source on a repetitive basis.
-
The Committee has also long advised that a gift of food sent to a House office for staff, even if within the dollar limits of the gift rule, must be refused if the person offering it has a direct interest in the particular legislation or other official business on which staff is working at the time. In addition to possibly violating the gift rule restriction on accepting lobbyist gifts, as discussed above, the gift of food may also be considered an improper gratuity or inducement to take a particular action.
-
While the gift rule sets out the categories of gifts that a Member of staff person may accept if offered, Members and staff are generally prohibited from soliciting gifts. Accordingly, a Member or a staff person may never request or suggest that anyone send a gift of food to a House office.
Members and staff should also note that this gift rule provision (House Rule 25, clause 5(a)(1)(B)) does not affect the prohibition against accepting food or beverages from any private organization or individual for any event sponsored by a House office, such as a meeting, a conference, or a briefing. A separate rule (House Rule 24, clause 1 to 3) generally prohibits Members and staff from accepting private subsidy for official House business, including events sponsored by a Member, committee or leadership office, a caucus, or any other House office
On the other hand, when a House office fields a sports 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, a different application of the gift rule applies. In such a case, the 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 gift is not from a lobbyist or entity that employs a lobbyist), and the Member may not accept gifts from that source having a value of $100 or more in a calendar year. In addition, 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 (House Rule 23, clause 2). To repeatedly accept gifts valued at under $10 from a source would violate the spirit of the gift rule and hence be impermissible.
Relationship of the General Provision on Acceptable Gifts to the Specific Provisions
When 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 (House Rule 25, clause 5(a)(3)(I)) – 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.
In addition, the gift rule does not restrict Members and staff from accepting, even when the donor is a registered lobbyist, agent of a foreign principal, or private entity that retains or employs such individuals, gifts that fall within one of the specific gift rule provisions (often referred to as the “exceptions� to the rule) or general waivers the Standards Committee has issued. Those specific provisions are discussed below.
A Member, officer, or employee may accept any 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 (House Rule 25, clause 5(a)(3)(D)). 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 (House Rule 25, clause 5(a)(5)).
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 the official’s 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.
When the offeror is a lobbyist or someone else who has interests before Congress, Members, officers, and employees have the most reason to be concerned about whether a gift is offered for a reason other than personal friendship. In that circumstance, the criteria set forth in the rule are especially helpful. For example, if the gift was paid for by a business or will be charged to a firm or corporate credit card – as opposed to being paid for out of the offeror’s own pocket – it is likely that the gift is based on business concerns, rather than personal friendship.27 Likewise, if, in a relationship, all of the gifts have gone to the Member or staff person, and there has not been reciprocal gift giving, it is likely that the gifts have a business purpose. Thus, when a Member or staff person is offered a gift by a lobbyist or someone else who has interests before Congress and either of these circumstances is present (i.e., the gift is not paid for personally, or there has not been reciprocal gift-giving), the official should not accept the gift on the basis of the personal friendship provision. Unless the gift is acceptable under another provision of the gift rule, the Member or staff person should either decline the gift or pay for it personally.
Example 12. A Member’s former college roommate, who is also a lobbyist, offers to take the Member to a baseball game. The college roommate had paid for the Member’s ticket personally, and the Member’s family and the roommate’s family often exchange presents during the holidays. The roommate does not contact the Member on official matters. The Member may accept the ticket.
Example 13. Through her House work over the years, a committee staff person has come to know a lobbyist. The staff person often sees the lobbyist at officially-related events, but they do not see each other socially or exchange gifts. The lobbyist offers to take the staff person to dinner at the lobbyist’s expense. The staffer may not accept the dinner. However, the staff person may accompany the lobbyist to the restaurant and pay for her own meal and drinks.
As noted above, when 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 when, for example, one wishes to accept a friend’s invitation to go on a vacation trip.28
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 donor’s line of work and any interests before Congress, 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 $335 in value on their statement, unless the Committee grants a waiver of the reporting requirement.
Attendance at Events (Including Meals)
“Widely Attended� Events. The gift rule provision on widely attended events can apply to a broad range of events: a convention, conference, symposium, forum, panel discussion, dinner, viewing, reception,29 and similar events (House Rule 25, clause 5(a)(4)(A)). An unsolicited offer of free attendance30 at such an event can be accepted when three requirements are satisfied: (1) The event is “widely attended,� as defined below, (2) the invitation came from the sponsor of the event, and (3) the attendance of the Member or staff person is related to his or her official duties.
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.31 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.
Example 14. One of the departments of a large corporation has a weekly staff meeting and luncheon that is attended by at least 30 employees. These meetings do not constitute a widely attended event as that term is used in the gift rule, however, because attendance at the event is not open to individuals from throughout a given industry or profession, and those present do not represent a range of persons interested in a given matter.
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 when (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 the 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 the individual’s 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.
In deciding whether attending an event would be appropriate to the individual’s official duties, one must also bear in mind the legislative history of the gift rule, which states that an event may not be merely for the personal pleasure or entertainment of the Member or staff person.32 Accordingly, an invitation that would involve nothing more than viewing a sporting event, a movie, or a show will rarely be acceptable under the widely attended event provision.
Example 15. Knowing that a district office staff person is a fan of his team, the owner of a local sports team offers the staff person free tickets to an upcoming game. Even though the source of the tickets would be the event sponsor, and there will be far more than 25 individuals in attendance at the game, the staff person may not accept the tickets under the widely attended event provision, in that his attendance would bear no relationship to the performance of his official duties.
Example 16. A new concert hall is opening in Member A’s district. The symphony invites a number of officials, including Member A, to attend the inaugural concert, sit in a place of honor, and be recognized for their help in making the new hall a reality. In view of the circumstances, Member A may reasonably determine that it is appropriate to his official duties or representative function to attend, and that hence the invitation is acceptable under the widely attended event provision.
Example 17. Member B has announced that this will be her last term in office. In honor of her career, a group of corporations and associations is hosting a dinner for her, to which hundreds of people from the private and public sectors, including many House Members and staff, will be invited. Those who deem their attendance at the dinner to be appropriate to their official duties or representative function may accept an invitation to the dinner from the host committee.
When 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 (House Rule 25, clause 5(a)(4)(B)). 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 a spouse and child under this provision.
“Free Attendance� for Purposes of Widely Attended Events. The gift rule provides that when 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.� (House Rule 25, clause 5(a)(4)(D)). 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.), which therefore may not be accepted under the gift rule.
Example 21. In connection with its annual meeting in Washington, an association will hold a banquet and has arranged for the attendees to see a show at a downtown theater. Upon invitation from the association, a Member may attend the banquet if the requirements for a “widely attended� event are satisfied. However, he may not attend the show under this provision, in that it is not part of the banquet, but is instead entertainment that is collateral to that event.
Example 22. A charity will be holding a fundraising reception, and immediately after the reception the charity will hold a dinner to which only certain VIP’s will be invited. A Member may accept an invitation from the charity to attend the reception under the charity event provision, but he could not attend the dinner under that provision.
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 “item of 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 the sponsor is not a lobbyist, foreign agent, or employer of such an individual, and the official has not accepted other gifts from the sponsor that would cause the annual gift limit of less than $100 per source to be exceeded). When a Member or staff person is accompanied at a charity event by a spouse or dependent, the official should bear in mind that any such gifts given to the accompanying individual are deemed to be gifts to the official and count against the gift rule dollar limits applicable to that official.
Source of Invitations for Widely Attended 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:
The term “sponsor of the event� refers to the person, entity, or entities that are primarily responsible for organizing the event. An individual who simply contributes money to an event is not considered to be a sponsor of the event.35
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.36
Example 23. Foundation A, a § 501(c)(3) organization under the Tax Code, organizes a $1,000-per-plate fundraising dinner to support its charitable activities. Member B may accept complimentary tickets to the dinner from Foundation A, for himself and his spouse, under the charity event provision.
Example 24. Corporation C buys a table at the fundraising dinner of Foundation A. Member B may not accept tickets to the dinner from Corporation C under the charity event provision. In accordance with the previous example, Member B may accept tickets from Foundation A, and if it chooses to do so, Foundation A may seat B at the corporation’s table.
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 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.
Subject to the restrictions noted below, a Member, officer, or employee may accept an unsolicited offer of free attendance33 at a charity event (House Rule 25, clause 5(a)(4)(C)). This provision extends to charity events such as lunches, dinners, golf or tennis tournaments, races, and cook-offs. The purpose of the charity event provision of the gift rule is to enable Members and staff “to lend their names to legitimate charitable enterprises and otherwise promote charitable goals." 34 The requirements that apply to attendance at such events are as follows.
First, in order to be a “charity eventâ€? 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 § 170(c) of the Internal Revenue Code to receive tax deductible contributions. Thus, the mere fact that a donation to a charity will result from an event does not necessarily mean that a Member or staff person may accept from the sponsor an offer of free attendance at, or travel expenses to, the event. An event will likely be deemed a “charity eventâ€? for purpose of the rule when the participants or attendees pay an admission fee, and more than half of the fee paid is tax deductible as a charitable donation. When an event has any other format, a Member or staff person considering attending the event should first consult with the Standards Committee to ensure that it constitutes a “charity eventâ€? for purposes of the gift rule.
Example 18. Each year a business pays for a golf outing for several of its employees and their guests, and if there are any funds left after payment of expenses, it donates the excess to charity. This outing would not qualify as a charity event for purposes of the rule because its primary purpose is not to raise funds for charity.
Example 19. A lobbying firm wishes to hold a dinner for Members and staff, at which it will announce that the firm has made a substantial donation to charity. The dinner would not qualify as a charity event for purposes of the rule because its primary purpose is not to raise funds for charity.
Example 20. For the same reason, the regular performances of a theater that is organized under § 501(c)(3) of the Tax Code are not deemed to be charity events. However, such an entity may have a special fundraising performance that would qualify as a charity event.
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, Members and staff invited to attend a charity event may accept local transportation from the event sponsor. In addition, when certain requirements are satisfied, they may also accept reimbursement for travel and lodging in connection with a charity event. Those requirements are discussed in Chapter 3 on travel. Before accepting travel to a charity event, a Member or staff person should make inquiry to the charitable organization to ensure that it understands the applicable rules and is acting consistently with them.
“Free Attendance� for Purposes of Widely Attended and Charity Events. The gift rule provides that when 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.� (House Rule 25, clause 5(a)(4)(D)). 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.), which therefore may not be accepted under the gift rule.
Example 21. In connection with its annual meeting in Washington, an association will hold a banquet and has arranged for the attendees to see a show at a downtown theater. Upon invitation from the association, a Member may attend the banquet if the requirements for a “widely attended� event are satisfied. However, he may not attend the show under this provision, in that it is not part of the banquet, but is instead entertainment that is collateral to that event.
Example 22. A charity will be holding a fundraising reception, and immediately after the reception the charity will hold a dinner to which only certain VIP’s will be invited. A Member may accept an invitation from the charity to attend the reception under the charity event provision, but he could not attend the dinner under that provision.
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 “item of 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 the sponsor is not a lobbyist, foreign agent, or employer of such an individual, and the official has not accepted other gifts from the sponsor that would cause the annual gift limit of less than $100 per source to be exceeded). When a Member or staff person is accompanied at a charity event by a spouse or dependent, the official should bear in mind that any such gifts given to the accompanying individual are deemed to be gifts to the official and count against the gift rule dollar limits applicable to that official.
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:
The term “sponsor of the event� refers to the person, entity, or entities that are primarily responsible for organizing the event. An individual who simply contributes money to an event is not considered to be a sponsor of the event.35
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.36
Example 23. Foundation A, a § 501(c)(3) organization under the Tax Code, organizes a $1,000-per-plate fundraising dinner to support its charitable activities. Member B may accept complimentary tickets to the dinner from Foundation A, for himself and his spouse, under the charity event provision.
Example 24. Corporation C buys a table at the fundraising dinner of Foundation A. Member B may not accept tickets to the dinner from Corporation C under the charity event provision. In accordance with the previous example, Member B may accept tickets from Foundation A, and if it chooses to do so, Foundation A may seat B at the corporation’s table.
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 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 (House Rule 25, clause 5(a)(3)(G)(iii)). Under this provision, Members, officers, and employees may also accept transportation and lodging from the sponsoring political organization in connection with such an event, provided that the travel rules are observed. In addition, they may participate in a golf tournament or attend a show or sporting event sponsored by the political organization, provided that the event is a bona fide fundraiser. The term “political organizationâ€? is defined in this provision by reference to § 527(e) of the Internal Revenue Code.37
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.
In addition, a meal with a lobbyist or other individual during which the individual gives a Member a campaign contribution is not a fundraising or campaign event under this provision of the gift rule, unless the meal is sponsored and paid for by a political organization, and the expenditures are reported as required by Federal Election Commission regulations or applicable state or local laws.
Example 25. Members and staff may accept complimentary tickets to a Republican National Committee fundraising dinner from the RNC.
Example 26. A political action committee buys a table at a DCCC fundraising dinner. A House staff member may not accept a ticket to the dinner from the PAC under this provision of the gift rule.
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:
-
Sponsored by universities, foundations, “think tanks,� or similar nonprofit, nonadvocacy 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.
Example 27. A nonpartisan, nonprofit “think tank� hosts a luncheon series featuring distinguished speakers from academia discussing foreign policy topics. The organization invites about 15 individuals to each luncheon, including some House staff members. The staff members may attend and accept the lunch under this waiver.
Example 28. A trade association establishes a nonprofit educational foundation. The foundation sponsors a monthly forum at which experts from the field explain aspects of their industry and the ramifications of various legislative proposals for that industry. A dozen House staff members are invited to these presentations, which occur over lunch. The staff members may attend, but they may not accept the lunch under the terms of this waiver. This is so because these events are legislative briefings, and as noted above, this waiver does not extend to such events.
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 when 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 (e.g., associations of lawyers, nurses, bankers, teachers, or farmers).
Example 29. A civic association in a small town in Member A’s district invites him to one of its periodic luncheon meetings of its membership. If the Member determines that his attendance would be related to his official duties or representative function, he may attend and accept the lunch under this waiver.
Example 30. A veterans group in Member B’s district invites her to a Veterans Day dinner with its members at the local VFW hall. If B determines that her attendance would be related to her official duties or representative function, she may attend and accept the dinner.
Example 31. The real estate agents association of a state holds its annual Washington “fly-in.� All members of the association are invited, and usually about 20 agents come. One of the events on the agenda is a dinner for the congressional delegation. Each delegation member who determines that attendance would be related to his or her official duties or representative function may attend and accept the dinner.
Example 32. A real estate agent comes to Washington for the association “fly-in� described in the previous example. He is the only agent from Member C’s district who makes the trip, and he would like to have lunch with his representative. Since the lunch is not an association event, the Member cannot accept the lunch under this waiver.
Members and staff frequently receive invitations to attend events that are less elaborate or formal than the ones for which a sponsor’s offer of free attendance may be accepted under one of the gift rule exceptions or general waivers the Committee has issued for events which include a meal (i.e., widely attended events, charity fundraising events, fundraising or campaign events sponsored by a political organization, educational events, and regularly scheduled events sponsored by a constituent group). These events may take different forms but often are in the setting of a business meeting, reception (including a holiday or other social event), or similar gathering that includes nonmeal food items and drinks. In these circumstances, Members and staff should consider whether the invitation may be accepted under the gift rule exception for “[f]ood or refreshments of a nominal value offered other than as a part of a meal� (House Rule 25, clause 5(a)(3)(U)). However, several limitations of this provision should be noted.
Questions will arise as to whether it is permissible to accept nominal value food or refreshments offered other than in a business meeting, reception, or similar setting. In its report prior to the original enactment of this provision in 1995, the House Rules Committee indicated that the exception covers “reception food.�38 Soon after the new gift rule was adopted, the Committee indicated that the types of food that could be accepted under the provision include “coffee and donuts, hors d’oeuvres at a reception.�39 In 2000, the Standards Committee issued further written guidance that specifically described the kinds of food and refreshments that may be accepted under the provision, including coffee, juice, pastry, or bagels usually offered at a breakfast reception or meeting, and hors d’oeuvres, appetizers, and beverages usually offered at an evening reception.40
Also in this regard, the intent of the gift rule enacted at the beginning of the 110th Congress to ban most gifts from lobbyists and organizations that employ them should be taken into account. Accordingly, food and refreshments of the nature described above may be accepted under this provision only when offered at a business meeting, reception, or similar gathering. It is now impermissible, for example, for a Member or staff person to accept food or refreshments under this provision in a one-on-one setting with a registered lobbyist.41
Even if offered in an appropriate setting, food or refreshments that exceed “a nominal value� may not be accepted under this provision. The rule does not define “nominal value,� and Members and staff are accordingly cautioned to exercise reasonable judgment in accepting food or refreshments having a value greater than the examples given above.
Furthermore, 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.
Example 33. A trade association invites House staff to attend a holiday reception in its offices featuring hors d’oeuvres and drinks. Provided that the food and refreshments are of “nominal value� and offered “other than as part of a meal,� House staff may attend the reception and accept these items.
Example 34. A lobbyist invites a staff person out for a cup of coffee to discuss the status of a pending bill. The staff person is free to meet with the lobbyist, but because the occasion is not a reception the staff person may not accept a cup of coffee from the lobbyist even though the item is of low cost and offered other than as a part of a meal.
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, or at the site being visited (e.g., in connection with a tour of a large manufacturing facility).
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 a meal or transportation incident to a business site visit will not be deemed to violate the prohibition against private subsidy of official activities (House Rule 24, clauses 1 to 3). In this regard, it should be stressed that this waiver applies when a Member or staff person is traveling in the Member’s own district, or is traveling elsewhere at House expense. As is detailed in the Committee guidance on the travel rules, when 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, it is generally permissible to may generally accept meals and transportation from that source without regard to the limitations noted above. However, when 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� (House Rule 25, clause 5(a)(3)(W)). Through the 105th 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 106th Congress, however, the Committee determined that such a reading of the nominal value provision was 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).
Example 35. A baseball team in a Member’s district sends the office eight of its baseball caps along with a letter suggesting that one be given to the Member and to each staff person who wants one. The Member and the staff persons may each accept one of the caps under the nominal value provision.
“A plaque, trophy, or other item that is substantially commemorative in nature and that is intended for presentation� may be accepted (House Rule 25, clause 5(a)(3)(S)). 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.
Second, in order to be acceptable under this provision, an item must be “substantially commemorative in nature.� Usually there is little question as to the commemorative nature of a plaque or trophy.42 As to other items that may be presented to a Member or staff person at an event – for example, an expensive pen or a crystal bowl – such items are not commemorative in nature merely because they were presented at an event. Instead, in order to fall within this provision, an item must have some commemorative characteristic or feature. It would be impossible to enumerate all of the features that would cause an item to be deemed commemorative, but an item that is inscribed or engraved with the Member’s name, the name of the presenting organization, and the date of the presentation will likely be deemed commemorative in nature.
Finally, as a general matter, the items acceptable under this provision may not have significant utilitarian or artistic value. Thus, for example, a television would not be acceptable under this provision, no matter how elaborate an inscription appears on the television. 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.
When 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 $335 in value will have to be disclosed on Schedule VI of one’s annual Financial Disclosure Statement (see the section on “Gift Disclosure� below).
Example 36. After a Member speaks at an event, the sponsoring organization presents him with an expensive pen that is inscribed with his name only. Because the inscription is limited to the Member’s name, the pen is not commemorative in nature and thus may not be accepted.
Example 37. A Member visits an Indian tribe, and during her visit, the tribal leaders present her with a blanket that was handmade by members of the tribe. Because the blanket has a traditional tribal design, the Member may accept it as a commemorative item.
Example 38. An aircraft manufacturer in a Member’s district sends the Member, through the mail, a high-quality model of one of the airplanes it builds. While the Member probably could have accepted the model as a commemorative item had it been presented to him in person, he may not accept it under this provision since it was merely mailed to him.
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� (House Rule 25, clause 5(a)(3)(I)). 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.43 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, a PBS documentary on alternative energy sources), 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 (e.g., Microsoft Word or WordPerfect), developmental software (i.e., 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, such as on a compact disc. Software that provides access to a database that otherwise is available only on a subscription basis (e.g., 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�).
Members and staff may accept anything that is paid for by the federal, state, or local government. (House Rule 25, clause 5(a)(3)(O)). 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 (House Rule 24, clauses 1 to 3) under which Members and staff may accept in-kind services and functions from government agencies for official House activities.
Example 39. A state university in a Member’s district offers the Member tickets to an upcoming home game of one of its teams. The Member may accept the tickets under this provision. (However, as a general matter, sporting event tickets may be accepted from a private university only under the general provision on acceptable gifts, i.e., if their value is less than $50, and the private university does not retain or employ lobbyists.)
The “paid for by� language of this provision is especially important. Thus, under this provision, Members and staff may not accept a gift from a government agency when the gift was donated to the agency by a third party, and the agency is merely acting as a conduit. In addition, Members and staff may not accept, under this provision, a meal or other gift that is paid for by an outside consultant or lobbyist for a government agency – even though the cost of the gift will ultimately be reimbursed by the government.44
Questions may arise as to whether a particular entity, such as an airport authority, port authority, or public utility, 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, an interstate compact entered into by the State of Maryland, the Commonwealth of Virginia, and the District of Columbia, which was also approved by Congress, established the Washington Metropolitan Area Transit Authority (or WMATA) as a governmental agency, with funding derived from the federal government and state governments, as well as from rider fares. In addition, the Committee has determined that the Tennessee Valley Authority is a governmental agency.45 Conversely, federal 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. Similarly, the Committee has concluded that the regional Federal Home Loan Banks are private entities under the House gift rule. The Committee’s staff should be consulted for guidance on the status of a particular entity.
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.
Gifts From Foreign Governments and International Organizations
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� (House Rule 25, clause 5(a)(3)(N)).
Special rules apply to gifts from foreign governments. The Constitution prohibits federal government officials, including Members and employees of Congress, from receiving “any present . . . of any kind whatever� from a foreign state or a representative of a foreign government without the consent of the Congress.46 Congress has consented, through the vehicles of the Foreign Gifts and Decorations Act (“FGDA�)47 and the Mutual Educational and Cultural Exchange Act (“MECEA�)48, to the acceptance of certain gifts from foreign governments. The FGDA defines “foreign government� to include not only foreign governments per se, but also international or multinational organizations whose membership is composed of units of foreign governments, and any agent or representative of such a government or organization while acting as such.49 That Act also covers gifts from “quasi-governmental� organizations closely affiliated with, or funded by, a foreign government.
MECEA and the FGDA provisions concerning the acceptance of travel and travel expenses are addressed in the Committee’s guidance on the travel provisions of the gift rule.
In addition to its travel provisions, however, the FGDA authorizes House Members, officers, and employees to accept “a gift of minimal value tendered and received as a souvenir or mark of courtesy.�50 Under implementing regulations issued by this Committee,51 the term “minimal value� as used in the Act is currently defined, by reference to a statutory formula, as $335.52
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.
Example 40. An embassy in Washington has invited a Member to attend a dinner at the embassy. The Member may accept the invitation under the minimal value provision of the FGDA.
Example 41. An embassy official in Washington has invited a staff member to lunch at a local restaurant to discuss pending legislation concerning his country. The staff member may accept the invitation under the minimal value provision of the FGDA.
Example 42. An attorney who is a registered foreign agent has invited a staff member to lunch to discuss pending legislation concerning his client. The staff member may not accept the lunch.
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.�53 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 Copies of the form are available from the Committee office or its website, 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 FGDA allows a Member or employee to accept a gift of an educational scholarship or medical treatment from a foreign government.45
Furthermore, the FGDA applies not only to Members and employees but also to the spouse or dependant of a Member or employee.46
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;
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� (House Rule 25, clause 5(a)(3)(G)(i)). (This provision also allows the acceptance of transportation and lodging under the same terms.)
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.�
Example 43. A Member serves, on an uncompensated basis, as a member of the board of directors of a nonprofit organization. The board holds monthly dinner meetings, and the organization also provides each director with a free subscription to its monthly publication. The Member may attend the dinner meetings and accept the subscription.
Example 44. The spouse of a staff member is a partner in a law firm that leases a skybox in a pro football stadium. Each partner may attend games with his or her spouse or a guest. The staff member may attend games with his spouse.
Example 45. A Member who was a star tennis player as a youth is invited to a banquet honoring retired greats. The Member may accept.
Example 46. A pro sports team has established an “honorary board of advisers,� which is to be composed largely of government officials from the area, and it has asked the local Member to join. Each member of the honorary board will be given season tickets for the team’s home games. While the Member may join the honorary board if he chooses, he may not accept the season tickets under this provision, because in effect the tickets are being offered because of the Member’s official position.
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� (House Rule 25, clause 5(a)(3)(G)(ii)).
Example 47. During the course of employment discussions with a lobbying firm, a staff member is offered use of the firm’s beach condo for a weekend. Unless the firm has a history of making the same offer to comparable prospects in the private sector, the offer is not acceptable under this provision.
A Member, officer, or employee may accept a gift of personal hospitality of an individual, except from a registered lobbyist or an agent of a foreign principal (House Rule 25, clause 5(a)(3)(P)).47 This provision incorporates the definition of the term “personal hospitalityâ€? that is provided in § 109(14) of the Ethics in Government Act:
[H]ospitality extended for a non-business purpose by an individual, not a corporation or organization, at the personal residence of that individual or his family or on property or facilities owned by that individual or his family.
When 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, when 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 when the expenses that an individual incurs in providing personal hospitality are either to be reimbursed by a business, or deducted as business expenses.48
Example 48. Mr. and Mrs. Z (neither of whom is a registered lobbyist or foreign agent) invite Member A and spouse to spend the weekend with them at their home. Provided that there is no business purpose for the visit, the Member may accept under this provision.
Example 49. A Member receives an invitation from an individual (who is neither a registered lobbyist nor a foreign agent) to spend a week at a vacation home. The Member may accept if (1) the home belongs to the host personally (as opposed to a corporate employer), (2) the costs of the visit will not be reimbursed by an employer or deducted from taxes as a business expense, and (3) there is no business purpose for the visit.
Example 50. An individual (who is neither a registered lobbyist nor a foreign agent) invites a Member to spend the weekend with him at his condominium in Aspen. The individual offers to fly the Member out on his private plane and to pay for his ski rentals and lift tickets. While the Member may accept the weekend lodging, the travel and ski expenses are not acceptable under this provision.
As noted above, Members and staff may not accept personal hospitality from a registered lobbyist or foreign agent under this provision. However, it is possible for the benefits encompassed in the personal hospitality provision – for example, a meal or lodging at a private home – to be accepted from a lobbyist or foreign agent under the personal friendship provision of the gift rule.49 The restrictions on the acceptance of things of value under the personal friendship provision are described above, and as is noted there, Members and staff must be especially cautious in relying on the personal friendship provision where the offeror is a registered lobbyist or foreign agent.
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 when 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 of hospitality from a registered lobbyist or foreign agent exceeding $335 in value must be reported on Schedule VI of one’s annual Financial Disclosure Statement.
Contributions to a Legal Expense Fund, and Pro Bono Legal Services
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� (House Rule 25, clause 5(a)(3)(E)). However, such a contribution or other payment may not be accepted from a registered lobbyist or an agent of a foreign principal (House Rule 25, clause 5(e)(3)).50
The Committee issued Legal Expense Fund Regulations in an advisory memorandum dated June 10, 1996, which is reprinted in revised form in the appendix of the House Ethics Manual. Those regulations generally prohibit Members and staff from soliciting or receiving donations to pay legal expenses without the prior written permission of the Committee.51 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.
Under the Committee’s regulations, a fund may be established only when the legal expenses arise in connection with one of the following matters:
The Committee will not grant permission to establish a fund when 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 $335 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.
As to pro bono legal assistance, a Member, officer, or employee may accept such assistance without limit for the following purposes:
-
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.
Acceptance of pro bono legal assistance for any other purpose is permissible only with Committee authorization pursuant to an advisory opinion, or as a contribution to a Committee-approved legal expense fund.
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.� (House Rule 25, clause 5(a)(3)(V)). Several points to bear in mind regarding this provision are as follows:
-
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 (House Rule 25, clause 5(a)(3)(K)). 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 – a condition that is particularly significant when the award is an item having significant monetary value, such as a crystal sculpture. In determining whether an award is indeed “bona fide,� among the important considerations 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 $335 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.
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.
Training is acceptable, “if such training is in the interest of the House.� (House Rule 25, clause 5(a)(3)(L)). 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 (House Rule 24, clauses 1 to 3), 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 (House Rule 25, clause 5(a)(3)(R)). Specifically, Members and staff may accept opportunities and benefits that are –
(1) “[A]vailable to the public or to a class consisting of all Federal employees, whether or not restricted on the basis of geographic consideration;�
(2) “[O]ffered to members of a group or class in which membership is unrelated to congressional employment;�
(3) “[O]ffered 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) “[O]ffered 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) “[I]n 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.�
Example 51. A hotel chain offers a discounted rate to all federal employees, regardless of whether they are on official travel. House employees may take advantage of the reduced rate under category No. 1 above.
Example 52. A staff person accumulates sufficient “frequent flyer� miles on personal travel to receive complimentary airfare to Europe. He may accept the award under category No. 2 above because the “frequent flyer� program is available to all travelers.
Example 53. An alumni association offers reduced-price travel and other benefits to its members. A staff member who is a member of the association may, under category No. 2 above, accept from the association any benefits that it makes available to all of its members.
Example 54. A local health club offers reduced membership fees to congressional staff members. Because the offer is not made to federal employees generally, and because of the limitations set forth in category Nos. 1 and 4 above, House staff may not accept the offer under this provision. A House staff member could accept such an offer under category No. 1 above if it were made to all federal employees in the Washington, D.C. area.
Example 55. An association of tax attorneys holds monthly lunch meetings, and the admission fee charged to federal tax attorneys is lower than that charged to private sector tax attorneys. A House staff member who is a tax attorney may attend the lunch meetings at the reduced fee under category No. 5 above, provided that the only restrictions on membership in the association 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� (House Rule 25, clause 5(a)(3)(R)(v)). In addition, as reflected in a Committee advisory memorandum of May 23, 1997, a copy of which is reprinted in the appendix, 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� (House Rule 25, clause 5(a)(3)(J)). 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 $335 in value will have to be disclosed on Schedule VI of the official’s annual Financial Disclosure Statement.
A gift from a relative is acceptable (House Rule 25, clause 5(a)(3)(C)). 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)):
“relative� means an individual who is related to the [official] as father, mother, son, daughter, brother, sister, uncle, aunt, great aunt, great uncle, first cousin, nephew, niece, husband, wife, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, or who is the grandfather or grandmother of the spouse of the [official], and shall be deemed to include the fiancé or fiancée of the [official].
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 when 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.� (House Rule 25, clause 5(a)(3)(F)). However, federal law generally bars government employees from giving gifts to their official superiors.52 While the Committee has recognized common-sense exceptions for voluntary gifts on special occasions,53 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.
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 in itself to the honoree(s). However, the Members being recognized should not identify themselves as hosts or receive any particular benefit 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 nonprofit organization 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, such as hosting the event in the honoree’s home. 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.
Of course, whether a Member, officer, or employee may attend such an event will depend on whether attendance would be permitted under the gift rule. As discussed previously, it is permissible for a Member, officer, or employee to accept a gift (e.g., a meal) 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. However, if the host of the event is a private entity that retains or employs registered lobbyists, reliance on the less than $50 provision of the gift rule would be impermissible. On the other hand, depending on the circumstances, such an event may qualify as a “widely attended� event, permitting an invitee to accept food and refreshments furnished to all attendees as an integral part of the event.54 In addition, it is permissible for a Member, officer, or employee to accept at a reception “[f]ood or refreshments of a nominal value offered other than as a part of a meal� (House Rule 25, clause 5(a)(3)(U)).
Furthermore, it would not be permissible for a Member, officer, or employee to solicit another individual or group to hold a reception or event in his or her honor. Similarly, it would not be permissible for a Member, officer, or employee who is being honored at a reception or event to solicit support for the event.
In the 110th Congress, a new provision was added to House Rule 25 prohibiting Member participation in certain events held during a national political convention.55 Under this provision, a Member may not “participate56 in an event honoring that Member� if the event takes place during a national political convention, other than to participate in the Member’s capacity as a candidate for President or Vice President, and when certain other criteria are met. Member participation prohibited under the provision is for an event when the Member is named, including through the use of any personal title, as an honoree (including as a “special guest�) in any invitations, promotional materials, or publicity for the event. Member participation also would be prohibited if the Member were to receive, through the Member’s participation in the event, some special benefit or opportunity that would not be available to some or all of the other participants, such as if the sponsor were to offer the Member an exclusive speaking role or a very prominent ceremonial role.
The restriction is intended to have the “effect of preventing lobbyists or an entity employing such lobbyists from directly paying for a party to honor a specific Member.�57 Thus, an event that is organized to honor a delegation or caucus, without naming any specific Member of the delegation or caucus, or providing any special benefit or opportunity to a particular Member, would be an event that Members may participate in under clause 8 of House Rule 25 – provided that attendance at the event otherwise would be in compliance with clause 5 of House Rule 25 (the gift rule). There is no numerical requirement on the size of the delegation or caucus participating in the event. Furthermore, a Member would not be prohibited from participating in an event taking place during a national convention if the Member’s name appears, for example, in a listing of the names of the honorary host committee members for the event if that listing includes the names of non-congressional host committee members.
The provision is very specific in prohibiting Member participation in an event that is “directly paid for� by a lobbyist or private entity that retains or employs lobbyists. The fact that a private organization received some of its funding for an event taking place during a national convention from a lobbyist or private entity that retains or employs lobbyists, by itself, would not disqualify a Member from participating in the organization’s event.
The provision also states that Member participation is prohibited only at certain events taking place “[d]uring the dates� on which a national convention is held. Accordingly, the rule does not prohibit Member participation in an event that takes place on a date other than the dates on which the national convention is held.
It is important to note that the provision does not establish a new type of event for which free attendance may be accepted under the gift rule. In other words, a Member may accept an offer of free attendance at an event taking place during a national political convention only in accordance with the gift rule – that is, the event is a reception or it satisfies all of the criteria of a widely attended event, a charity event, or a fundraising or campaign event sponsored by a political organization.
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 soonest 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 is 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.58 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.
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.� (House Rule 25, clause 5(a)(3)(T)).
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. 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 required by law 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.�59 For example, when 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:
25 It is important to bear in mind that a gift from an individual who is employed by or similarly affiliated with any organization is deemed to be a gift from both that individual and the affiliated organization, as discussed in the text above.
26 House Rule 23, cl. 2.
27 See H. Rep. 337, 104th Cong., 1st Sess. 13 (1995).
28 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.
29 However, when an event, such as a reception, will involve only “[f]ood or refreshments of a nominal value offered other than as a part of a meal,� Members and staff may participate in it under a separate provision of the gift rule, described below, even if the reception does not satisfy the requirements for a widely attended event.
33 The items encompassed in the term “free attendance� as used in the gift rule are described below.
34 H. Rep. 337, 104th Cong., 1st Sess. 12 (1995).
35 Id.
36 Sound guidance on the possibility of multiple sponsors for an event was provided in a Senate committee report on an earlier version of the gift rule. “[T]here may be more than one sponsor of an event if more than one entity plays a significant, active role in organizing the event in a manner that is roughly comparable to another sponsor or sponsors.� S. Rep. 255, 103d Cong., 2d Sess. 14 (1994).
37 Briefly stated, under that statute, a political organization is an entity organized and operated primarily for the purpose of accepting contributions or making expenditures for the purpose of influencing the election of any individual to a public or political office.
38 See H. Rep. 104-337, 104th Cong., 1st Sess., at 11 (1995) (“Food and refreshments of nominal value not offered as part of a meal (reception food)�).
39 House Comm. on Standards of Official Conduct, New Gift Rule, at 3 (Dec. 7, 1995).
40 House Comm. on Standards of Official Conduct, Gifts and Travel booklet, at 32 (April 2000).
41 Under the gift rule in effect prior to the 110th Congress, it was permissible for Member and staff to accept gifts, including food and refreshments, from virtually any individual or organization under the less than $50 provision of the gift rule (subject to the cumulative limit of less than $100 from a single source in a calendar year), even if the source was a registered lobbyist, agent of a foreign principal, or a private entity that retains or employs such individuals. As a result, it was not necessary for the Committee to determine the context in which this provision applied. With the gift rule amendments in the 110th Congress, the Committee has concluded that the provision allows acceptance of such food and drink only at business meetings, receptions, or similar events. The Committee intends that this determination be applied prospectively only, given the absence of previous definitive guidance on this point.
42 A separate provision of the gift rule, described below, applies to bona fide public service awards presented to Members or staff.
43 H. Rep. 337, 104th Cong., 1st Sess. 11 (1995).
45 The Committee has also determined that certain quasi-municipal corporations, e.g., the Metropolitan Water District of Southern California, are governmental agencies under state law.
46 Art. I, § 9, cl. 8.
47 5 U.S.C. § 7342.
49 5 U.S.C. § 7342(a)(2)(B).
50 5 U.S.C. § 7342(c)(1)(A).
51 The Committee’s implementing regulations are issued pursuant to 5 U.S.C. § 7342(a)(6)(A), (g)(1) and apply to House Members and staff. The regulations were first published on Jan. 23, 1978 (124 Cong. Rec. 452-53) and are reprinted in their current form in the appendix.
52 5 U.S.C. § 7342(a)(5)(A); 73 Fed. Reg. 7475 (Feb 8, 2008).
54 Id. § 7342(c)(2), (a)(6)(A).
56 Id. § 7342(g)(2)(B), (a)(6)(A).
58 Id. § 7342(c)(1)(B).
59 Id. § 7342(a)(1)(G).
61 The definitions of the terms “registered lobbyist� and “agent of a foreign principal� as used in the gift rule are provided above in the section “Definitions of Registered Lobbyist and Agent of a Foreign Principal.�
62 Bipartisan Task Force Report, supra note 5, 135 Cong. Rec. 30743.
63 See H. Rep. 337, 104th Cong., 1st Sess. 11 (1995).
64 The definitions of the terms “registered lobbyist� and “agent of a foreign principal� as used in the gift rule are provided at the beginning of this chapter.
65 The only donations that may be solicited or received without prior permission are donations from relatives, and donations of up to $250 that are given on the basis of personal friendship (as discussed above).
66 5 U.S.C. § 7351.
67 For example, a birthday, holiday, marriage, the birth of a child, anniversary, retirement, and like occasions when gifts are traditionally given.
68Bipartisan Task Force Report, supra note 5, 135 Cong. Rec. 30743.
71 The Board has statutory authority to accept, on behalf of the House, gifts of works of fine art, historical objects, and similar property.72 For guidance on “widely attended� events, see discussion on “Attendance at Events (Including Meals).�
73 See The Honest Leadership and Open Government Act of 2007, Pub. L. 110-81, § 305, 121 Stat. 735, 753 (Sept. 14, 2007).
74The term “participate� is not defined in the underlying Act or the House rule. In the Committee’s view, the prohibition on participation in the events that are the subject of the provision concerns Member attendance at the event. Members should contact the Committee with any questions regarding whether activities other than attendance may constitute participation in such events.
75153 Cong. Rec. E1759 (daily ed. Aug. 4, 2007) (statement of Rep. John Conyers, Jr.) (emphasis added).
|