    [Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 105th Congress]
    [105th Congress]
    [House Document 104-272]
    [Rules of the House of Representatives]
    [Pages 864-877]
    [From the U.S. Government Publishing Office, www.gpo.gov]

                                    Rule LI.

                                   gift rule.

    Sec. 946a. Gift rule.

      1. (a) No  Member, officer, or employee
    of the House of Representatives shall knowingly accept a gift except as
    provided in this rule.

      (b)(1) For the purpose of this rule, the term ``gift'' means any
    gratuity, favor, discount, entertainment, hospitality, loan,
    forbearance, or other item having monetary value. The term includes
    gifts of services, training, transportation, lodging, and meals, whether
    provided in kind, by purchase of a ticket, payment in advance, or
    reimbursement after the expense has been incurred.

    [[Page 865]]

    ployee if it is given with the knowledge and acquiescence of the Member,
    officer, or employee and the Member, officer, or employee has reason to
    believe the gift was given because of the official position of the Member,
    officer, or employee.
      (2)(A) A gift to a family member of a Member, officer, or employee, or
    a gift to any other individual based on that individual's relationship
    with the Member, officer, or employee, shall be considered a gift to the
    Member, officer, or em-

      (B) If food or refreshment is provided at the same time and place to
    both a Member, officer, or employee and the spouse or dependent thereof,
    only the food or refreshment provided to the Member, officer, or
    employee shall be treated as a gift for purposes of this rule.

      (c) The restrictions in paragraph (a) shall not apply to the
    following:

              (1) Anything for which the Member, officer, or employee pays
    the market value, or does not use and promptly returns to the donor.

              (2) A contribution, as defined in section 301(8) of the
    Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) that is
    lawfully made under that Act, a lawful contribution for election to a
    State or local government office, or attendance at a fundraising event
    sponsored by a political organization described in section 527(e) of the
    Internal Revenue Code of 1986.

              (3) A gift from a relative as described in section 109(16) of
    title I of the Ethics in Government Act of 1978 (Public Law 95-521).

    [[Page 866]]

    to believe that, under the circumstances, the gift was provided because
    of the official position of the Member, officer, or employee and not
    because of the personal friendship.
              (4)(A) Anything provided by an individual on the basis of a
    personal friendship unless the Member, officer, or employee has reason

              (B) In determining whether a gift is provided on the basis of
    personal friendship, the Member, officer, or employee shall consider the
    circumstances under which the gift was offered, such as:

                      (i) The history of the relationship between the
    individual giving the gift and the recipient of the gift, including any
    previous exchange of gifts between such individuals.

                      (ii) Whether to the actual knowledge of the Member,
    officer, or employee the individual who gave the gift personally paid
    for the gift or sought a tax deduction or business reimbursement for the
    gift.

                      (iii) Whether to the actual knowledge of the Member,
    officer, or employee the individual who gave the gift also at the same
    time gave the same or similar gifts to other Members, officers, or
    employees.

    [[Page 867]]

    the Committee on Standards of Official Conduct.
              (5) Except as provided in clause 3(c), a contribution or other
    payment to a legal expense fund established for the benefit of a Member,
    officer, or employee that is otherwise lawfully made in accordance with
    the restrictions and disclosure requirements of

              (6) Any gift from another Member, officer, or employee of the
    Senate or the House of Representatives.

              (7) Food, refreshments, lodging, transportation, and other
    benefits--

                      (A) resulting from the outside business or employment
    activities (or other outside activities that are not connected to the
    duties of the Member, officer, or employee as an officeholder) of the
    Member, officer, or employee, or the spouse of the Member, officer, or
    employee, if such benefits have not been offered or enhanced because of
    the official position of the Member, officer, or employee and are
    customarily provided to others in similar circumstances;

                      (B) customarily provided by a prospective employer in
    connection with bona fide employment discussions; or

                      (C) provided by a political organization described in
    section 527(e) of the Internal Revenue Code of 1986 in connection with a
    fundraising or campaign event sponsored by such an organization.

    [[Page 868]]

              (8) Pension and other benefits resulting from continued
    participation in an employee welfare and benefits plan maintained by a
    former employer.

              (9) Informational materials that are sent to the office of the
    Member, officer, or employee in the form of books, articles,
    periodicals, other written materials, audiotapes, videotapes, or other
    forms of communication.

              (10) Awards or prizes which are given to competitors in
    contests or events open to the public, including random drawings.

              (11) Honorary degrees (and associated travel, food,
    refreshments, and entertainment) and other bona fide, nonmonetary awards
    presented in recognition of public service (and associated food,
    refreshments, and entertainment provided in the presentation of such
    degrees and awards).

              (12) Training (including food and refreshments furnished to
    all attendees as an integral part of the training) provided to a Member,
    officer, or employee, if such training is in the interest of the House
    of Representatives.

              (13) Bequests, inheritances, and other transfers at death.

              (14) Any 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.

    [[Page 869]]

              (15) Anything which is paid for by the Federal Government, by
    a State or local government, or secured by the Government under a
    Government contract.

              (16) A gift of personal hospitality (as defined in section
    109(14) of the Ethics in Government Act) of an individual other than a
    registered lobbyist or agent of a foreign principal.

              (17) Free attendance at a widely attended event permitted
    pursuant to paragraph (d).

              (18) Opportunities and benefits which are--

                      (A) available to the public or to a class consisting
    of all Federal employees, whether or not restricted on the basis of
    geographic consideration;

                      (B) offered to members of a group or class in which
    membership is unrelated to congressional employment;

                      (C) offered 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;

                      (D) offered to any 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;

    [[Page 870]]

    terms generally available to the public; or
                      (E) in the form of loans from banks and other
    financial institutions on

                      (F) in 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.

              (19) A plaque, trophy, or other item that is substantially
    commemorative in nature and which is intended for presentation.

              (20) Anything for which, in an unusual case, a waiver is
    granted by the Committee on Standards of Official Conduct.

              (21) Food or refreshments of a nominal value offered other
    than as a part of a meal.

              (22) Donations of products from the 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 individual
    recipient.

              (23) An item of nominal value such as a greeting card,
    baseball cap, or a T-shirt.

      (d)(1) A Member, officer, or employee may accept an offer of free
    attendance at a widely attended convention, conference, symposium,
    forum, panel discussion, dinner, viewing, reception, or similar event,
    provided by the sponsor of the event, if--

    [[Page 871]]

    related to Congress or matters before Congress, or by performing a
    ceremonial function appropriate to the Member's, officer's, or
    employee's official position; or
              (A) the Member, officer, or employee participates in the event
    as a speaker or a panel participant, by presenting information

              (B) attendance at the event is appropriate to the performance
    of the official duties or representative function of the Member,
    officer, or employee.

      (2) A Member, officer, or employee who attends an event described in
    subparagraph (1) may accept a sponsor's unsolicited offer of free
    attendance at the event for an accompanying individual.

      (3) A Member, officer, or employee, or the spouse or dependent
    thereof, may accept a sponsor's unsolicited offer of free attendance at
    a charity event, except that reimbursement for transportation and
    lodging may not be accepted in connection with the event.

      (4) For purposes of this paragraph, the term ``free attendance'' may
    include 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. The term does not
    include entertainment collateral to the event, nor does it include food
    or refreshments taken other than in a group setting with all or
    substantially all other attendees.

    [[Page 872]]

    paragraph (c)(4) unless the Committee on Standards of Official Conduct
    issues a written determination that such exception applies. No
    determination under this paragraph is required for gifts given on the
    basis of the family relationship exception.
      (e) No Member, officer, or employee may accept a gift the value of
    which exceeds $250 on the basis of the personal friendship exception in

      (f) When it is not practicable to return a tangible item because it is
    perishable, the item may, at the discretion of the recipient, be given
    to an appropriate charity or destroyed.

      2. (a)(1) A reimbursement (including payment in kind) to a Member,
    officer, or employee from a private source other than a registered
    lobbyist or agent of a foreign principal for necessary transportation,
    lodging and related expenses for travel to a meeting, speaking
    engagement, factfinding trip or similar event in connection with the
    duties of the Member, officer, or employee as an officeholder shall be
    deemed to be a reimbursement to the House of Representatives and not a
    gift prohibited by this rule, if the Member, officer, or employee--

              (A) in the case of an employee, receives advance
    authorization, from the Member or officer under whose direct supervision
    the employee works, to accept reimbursement, and

              (B) discloses the expenses reimbursed or to be reimbursed and
    the authorization to the Clerk of the House of Representatives within 30
    days after the travel is completed.

    [[Page 873]]

    reational in nature, shall not be considered to be in connection with the
    duties of a Member, officer, or employee as an officeholder.
      (2) For purposes of paragraph (a)(1), events, the activities of which
    are substantially rec-

      (b) Each advance authorization to accept reimbursement shall be signed
    by the Member or officer under whose direct supervision the employee
    works and shall include--

              (1) the name of the employee;

              (2) the name of the person who will make the reimbursement;

              (3) the time, place, and purpose of the travel; and

              (4) a determination that the travel is in connection with the
    duties of the employee as an officeholder and would not create the
    appearance that the employee is using public office for private gain.

      (c) Each disclosure made under paragraph (a)(1) of expenses reimbursed
    or to be reimbursed shall be signed by the Member or officer (in the
    case of travel by that Member or officer) or by the Member or officer
    under whose direct supervision the employee works (in the case of travel
    by an employee) and shall include--

              (1) a good faith estimate of total transportation expenses
    reimbursed or to be reimbursed;

              (2) a good faith estimate of total lodging expenses reimbursed
    or to be reimbursed;

    [[Page 874]]

              (3) a good faith estimate of total meal expenses reimbursed or
    to be reimbursed;

              (4) a good faith estimate of the total of other expenses
    reimbursed or to be reimbursed;

              (5) a determination that all such expenses are necessary
    transportation, lodging, and related expenses as defined in paragraph
    (d); and

              (6) in the case of a reimbursement to a Member or officer, a
    determination that the travel was in connection with the duties of the
    Member or officer as an officeholder and would not create the appearance
    that the Member or officer is using public office for private gain.

      (d) For the purposes of this clause, the term ``necessary
    transportation, lodging, and related expenses''--

              (1) includes reasonable expenses that are necessary for travel
    for a period not exceeding 4 days within the United States or 7 days
    exclusive of travel time outside of the United States unless approved in
    advance by the Committee on Standards of Official Conduct;

              (2) is limited to reasonable expenditures for transportation,
    lodging, conference fees and materials, and food and refreshments,
    including reimbursement for necessary transportation, whether or not
    such transportation occurs within the periods described in subparagraph
    (1);

    [[Page 875]]

    tertainment other than that provided to all attendees as an integral
    part of the event, except for activities or entertainment otherwise
    permissible under this rule; and
              (3) does not include expenditures for recreational activities,
    nor does it include en-

              (4) may include travel expenses incurred on behalf of either
    the spouse or a child of the Member, officer, or employee.

      (e) The Clerk of the House of Representatives shall make available to
    the public all advance authorizations and disclosures of reimbursement
    filed pursuant to paragraph (a) as soon as possible after they are
    received.

      3. A gift prohibited by clause 1(a) includes the following:

              (a) Anything provided by a registered lobbyist or an agent of
    a foreign principal to an entity that is maintained or controlled by a
    Member, officer, or employee.

              (b) A charitable contribution (as defined in section 170(c) of
    the Internal Revenue Code of 1986) made by a registered lobbyist or an
    agent of a foreign principal on the basis of a designation,
    recommendation, or other specification of a Member, officer, or employee
    (not including a mass mailing or other solicitation directed to a broad
    category of persons or entities), other than a charitable contribution
    permitted by clause 4.

    [[Page 876]]

    for the benefit of a Member, officer, or employee.
              (c) A contribution or other payment by a registered lobbyist
    or an agent of a foreign principal to a legal expense fund established

              (d) A financial contribution or expenditure made by a
    registered lobbyist or an agent of a foreign principal relating to a
    conference, retreat, or similar event, sponsored by or affiliated with
    an official congressional organization, for or on behalf of Members,
    officers, or employees.

      4. (a) A charitable contribution (as defined in section 170(c) of the
    Internal Revenue Code of 1986) made by a registered lobbyist or an agent
    of a foreign principal in lieu of an honorarium to a Member, officer, or
    employee shall not be considered a gift under this rule if it is
    reported as provided in paragraph (b).

      (b) A Member, officer, or employee who designates or recommends a
    contribution to a charitable organization in lieu of honoraria described
    in paragraph (a) shall report within 30 days after such designation or
    recommendation to the Clerk of the House of Representatives--

              (1) the name and address of the registered lobbyist who is
    making the contribution in lieu of honoraria;

              (2) the date and amount of the contribution; and

    [[Page 877]]

    this paragraph as soon as possible after it is received.
              (3) the name and address of the charitable organization
    designated or recommended by the Member.
    The Clerk of the House of Representatives shall make public information
    received pursuant to

      5. For purposes of this rule--

              (a) the term ``registered lobbyist'' means a lobbyist
    registered under the Federal Regulation of Lobbying Act or any successor
    statute; and

              (b) the term ``agent of a foreign principal'' means an agent
    of a foreign principal registered under the Foreign Agents Registration
    Act.

      6. All the provisions of this rule shall be interpreted and enforced
    solely by the Committee on Standards of Official Conduct. The Committee
    on Standards of Official Conduct is authorized to issue guidance on any
    matter contained in this rule.

      This provision originally was adopted in the 104th Congress as rule
    LII (H. Res. 250, Nov. 16, 1995, p. ----). In the 105th Congress it was
    redesignated as rule LI (H. Res. 5, Jan. 7, 1997, p. ----). The history
    of earlier rules bearing the designation LI or LII follow.

    Sec. 946b. Former rules on employment practices
    and application of certain laws.

      The earliest  form of the rule on ``employment
    practices'' was designated as rule LI. It grew out of the Fair
    Employment Practices Resolution first adopted in the 100th Congress (H.
    Res. 558, Oct. 3, 1988, p. 27840) and renewed in the 101st Congress (H.
    Res. 15, Jan. 3, 1989, p. 85). The terms of that resolution were
    incorporated by reference in a standing rule LI in the 102d Congress (H.
    Res. 5, Jan. 3, 1991, p. 39), and were codified in full text, with
    certain amendments, in the 103d Congress (H. Res. 5, Jan. 5, 1993, p. --
    --). The Employment Practices rule was overtaken by the earliest form of
    ``application of certain laws,'' which was originally designated as LII
    in the 103d Congress (H. Res. 578, Oct. 7, 1994, p. ----). The
    Application of Laws rule, in turn, was overtaken by the Congressional
    Accountability Act of 1995 (P.L. 104-1; 2 U.S.C. 1301 et seq.). Certain
    savings provisions appear in section 506 of that Act (2 U.S.C. 1435). A
    later form of rule designated as LII (gift rule) was adopted in the
    104th Congress (H. Res. 250, Nov. 16, 1995, p. ----). In the 105th
    Congress the Gift Rule was redesignated as rule LI (H. Res. 5, Jan. 7,
    1997, p. ----).