[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. ----).