[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 106th Congress]
[106th Congress]
[House Document 105-358]
[Rules of the House of Representatives]
[Pages 858-879]
[From the U.S. Government Publishing Office, www.gpo.gov]



 
Rule XXVI.--LIMITATIONS ON OUTSIDE EARNED INCOME AND ACCEPTANCE OF GIFTS


Outside earned income; honoraria


1099. Income limitations.

  1. (a)  Except as provided by 
paragraph (b), a Member, Delegate, Resident Commissioner, officer, or 
employee of the House may not--


      (1) have outside earned income attributable to a calendar year 
that exceeds 15 percent of the annual rate of basic pay for level II of 
the Executive Schedule under section 5313 of title 5, United States 
Code, as of January 1 of that calendar year; or


[[Page 859]]

vidual with the House, or the person offering the honorarium has 
interests that may be substantially affected by the performance or 
nonperformance of the official duties of the individual.
      (2) receive any honorarium, except that an officer or employee of 
the House who is paid at a rate less than 120 percent of the minimum 
rate of basic pay for GS-15 of the General Schedule may receive an 
honorarium unless the subject matter is directly related to the official 
duties of the individual, the payment is made because of the status of 
the indi

  (b) In the case of an individual who becomes a Member, Delegate, 
Resident Commissioner, officer, or employee of the House, such 
individual may not have outside earned income attributable to the 
portion of a calendar year that occurs after such individual becomes a 
Member, Delegate, Resident Commissioner, officer, or employee that 
exceeds 15 percent of the annual rate of basic pay for level II of the 
Executive Schedule under section 5313 of title 5, United States Code, as 
of January 1 of that calendar year multiplied by a fraction, the 
numerator of which is the number of days the individual is a Member, 
Delegate, Resident Commissioner, officer, or employee during that 
calendar year and the denominator of which is 365.


[[Page 860]]

dent Commissioner, officer, or employee, derives a financial benefit.
  (c) A payment in lieu of an honorarium that is made to a charitable 
organization on behalf of a Member, Delegate, Resident Commissioner, 
officer, or employee of the House may not be received by that Member, 
Delegate, Resident Commissioner, officer, or employee. Such a payment 
may not exceed $2,000 or be made to a charitable organization from which 
the Member, Delegate, Resident Commissioner, officer, or employee or a 
parent, sibling, spouse, child, or dependent relative of the Member, 
Delegate, Resi

  2. A Member, Delegate, Resident Commissioner, officer, or employee of 
the House may not--

      (a) receive compensation for affiliating with or being employed by 
a firm, partnership, association, corporation, or other entity that 
provides professional services involving a fiduciary relationship;

      (b) permit his name to be used by such a firm, partnership, 
association, corporation, or other entity;

      (c) receive compensation for practicing a profession that involves 
a fiduciary relationship;

      (d) serve for compensation as an officer or member of the board of 
an association, corporation, or other entity; or

      (e) receive compensation for teaching, without the prior 
notification and approval of the Committee on Standards of Official 
Conduct.
Copyright royalties


[[Page 861]]

publication from receiving an advance payment of a copyright royalty 
directly from a publisher and solely for the benefit of that literary 
agent, researcher, or other individual.
  3. (a) A Member, Delegate, Resident Commissioner, officer, or employee 
of the House may not receive an advance payment on copyright royalties. 
This paragraph does not prohibit a literary agent, researcher, or other 
individual (other than an individual employed by the House or a relative 
of a Member, Delegate, Resident Commissioner, officer, or employee) 
working on behalf of a Member, Delegate, Resident Commissioner, officer, 
or employee with respect to a

  (b) A Member, Delegate, Resident Commissioner, officer, or employee of 
the House may not receive copyright royalties under a contract entered 
into on or after January 1, 1996, unless that contract is first approved 
by the Committee on Standards of Official Conduct as complying with the 
requirement of clause 4(d)(1)(E) (that royalties are received from an 
established publisher under usual and customary contractual terms).
Definitions

  4. (a)(1) In this rule, except as provided in subparagraph (2), the 
term ``officer or employee of the House'' means an individual (other 
than a Member, Delegate, or Resident Commissioner) whose pay is 
disbursed by the Chief Administrative Officer, who is paid at a rate 
equal to or greater than 120 percent of the minimum rate of basic pay 
for GS-15 of the General Schedule, and who is so employed for more than 
90 days in a calendar year; and

  (2) when used with respect to an honorarium, the term ``officer or 
employee of the House'' means an individual (other than a Member, 
Delegate, or Resident Commissioner) whose salary is disbursed by the 
Chief Administrative Officer.


[[Page 862]]

appearance, speech, or article (including a series of appearances, 
speeches, or articles) by a Member, Delegate, Resident Commissioner, 
officer, or employee of the House, excluding any actual and necessary 
travel expenses incurred by that Member, Delegate, Resident 
Commissioner, officer, or employee (and one relative) to the extent that 
such expenses are paid or reimbursed by any other person. The amount 
otherwise determined shall be reduced by the amount of any such expenses 
to the extent that such expenses are not so paid or reimbursed.
  (b) In this rule the term ``honorarium'' means a payment of money or a 
thing of value for an

  (c) In this rule the term ``travel expenses'' means, with respect to a 
Member, Delegate, Resident Commissioner, officer, or employee of the 
House, or a relative of such Member, Delegate, Resident Commissioner, 
officer, or employee, the cost of transportation, and the cost of 
lodging and meals while away from his residence or principal place of 
employment.

  (d)(1) In this rule the term ``outside earned income'' means, with 
respect to a Member, Delegate, Resident Commissioner, officer, or 
employee of the House, wages, salaries, fees, and other amounts received 
or to be received as compensation for personal services actually 
rendered, but does not include--

      (A) the salary of a Member, Delegate, Resident Commissioner, 
officer, or employee;


[[Page 863]]

rule or before he became a Member, Delegate, Resident Commissioner, 
officer, or employee;
      (B) any compensation derived by a Member, Delegate, Resident 
Commissioner, officer, or employee of the House for personal services 
actually rendered before the adoption of this

      (C) any amount paid by, or on behalf of, a Member, Delegate, 
Resident Commissioner, officer, or employee of the House to a tax-
qualified pension, profit-sharing, or stock bonus plan and received by 
him from such a plan;

      (D) in the case of a Member, Delegate, Resident Commissioner, 
officer, or employee of the House engaged in a trade or business in 
which he or his family holds a controlling interest and in which both 
personal services and capital are income-producing factors, any amount 
received by the Member, Delegate, Resident Commissioner, officer, or 
employee, so long as the personal services actually rendered by him in 
the trade or business do not generate a significant amount of income; or

      (E) copyright royalties received from established publishers under 
usual and customary contractual terms; and

  (2) outside earned income shall be determined without regard to 
community property law.


  (e) In this rule the term ``charitable organization'' means an 
organization described in section 170(c) of the Internal Revenue Code of 
1986.


[[Page 864]]

p. 31529). In the 99th Congress, the rule was amended to delete the 30 
percent of aggregate salary limitation on outside earned income and to 
conform the limitation to that contained in law (2 U.S.C. 31-1 provides 
that a Member of Congress may not accept honoraria in excess of 40 
percent of his aggregate salary) (H. Res. 427, Apr. 22, 1986, p. 8328). 
The next day, the House adopted a resolution vacating the proceedings by 
which that resolution had been adopted and laying that resolution on the 
table (H. Res. 432, Apr. 23, 1986, p. 8474). The Ethics Reform Act of 
1989: (1) amended the title of the rule; (2) amended clause 1 to effect 
for 1991 and future years the elimination of honoraria not assigned to 
charity and closer restrictions on outside earned income (including 
limitation to 15 percent of Executive Level II pay); (3) amended clause 
2 to effect for 1991 and future years new limits on outside employment; 
and (4) amended clause 3 to revise certain definitions (P.L. 101-194, 
Nov. 30, 1989). In the 102d Congress clause 2 was further amended to 
specify that the ban on affiliation with a firm applies only if 
compensation is received and only with respect to a professional 
services firm, and clause 3 was further amended to specify the 
applicability of outside earned income restrictions to officers and 
employees of the House (H. Res. 5, Jan. 3, 1991, p. 39). In the 104th 
Congress a new clause was added to prohibit the receipt of advance 
payments on copyright royalties and the receipt of any payments on 
copyright royalties under future contracts unless approved in advance by 
the Committee on Standards of Official Conduct (H. Res. 299, Dec. 2, 
1995, p. ----). In the 106th Congress the rule was amended to permit 
certain House employees to receive honoraria; the parenthetical in 
clause 4(b) was adopted; and, when the House recodified its rules, it 
consolidated former rules XLI, XLVII, and LI under rule XXVI (H. Res. 5, 
Jan. 6, 1999, p. ----). In addition to the definition of ``officer or 
employee'' in paragraph 4(a)(1) for the purpose of this rule, it should 
be noted that clauses 4 and 14 of rule XXIV apply the gift rule to all 
Members, officers, and employees whose compensation is disbursed by the 
Chief Administrative Officer.
  The rule on outside earned income (former rule XLVII) was adopted in 
the 95th Congress (H. Res. 287, Mar. 2, 1977, pp. 5933-53). It was 
amended for the first time in the 96th Congress to increase the limit on 
a single honorarium from $750 to $1000 (H. Res. 5, Jan. 15, 1979, pp. 7-
16). The rule was amended further in the 97th Congress to (1) increase 
the limitation on outside earned income for a calendar year from 15 to 
30 percent of a Member's salary; (2) strike the $1000 limitation on a 
single honorarium; and (3) provide that honoraria shall be attributable 
to the calendar year in which payment is received (H. Res. 305, Dec. 15, 
1981,

  For an in-depth discussion of this rule prepared by the Committee on 
Standards of Official Conduct, see the House Ethics Manual (102d Cong., 
2d Sess.).

  Before its coverage was restricted to the Senate in the Ethics Reform 
Act of 1989 (sec. 601(b), P.L. 101-194, Nov. 30, 1989), a separate 
provision of law (2 U.S.C. 441i) provided criminal penalties for any 
elected or appointed Federal employee who accepts an honorarium of more 
than $2000 per speech. A statutory ceiling of $25,000 from honoraria in 
a calendar year was repealed in 1981 (P.L. 97-51, Oct. 1, 1981). The 
Senate repealed its rule on outside earned income in the 97th Congress 
(S. Res. 512, Dec. 14, 1982, p. 30640).


[[Page 865]]

amended in the Ethics Reform Act of 1989 (P.L. 101-194, Nov. 30, 1989) 
and a related technical corrections Act (P.L. 101-280, May 4, 1990).

Gifts
  For provisions of the Federal criminal code restricting postemployment 
activities, see 18 U.S.C. 207, which was originally enacted in title V 
of the Ethics in Government Act of 1978 (P.L. 95-521) and most recently



1100. Gift rule.

  5. (a)(1)(A)  A Member, Delegate, Resident 
Commissioner, officer, or employee of the House may not knowingly accept 
a gift except as provided in this clause.


  (B) A Member, Delegate, Resident Commissioner, officer, or employee of 
the House may accept a gift (other than cash or cash equivalent) that 
the Member, Delegate, Resident Commissioner, officer, or employee 
reasonably and in good faith believes to have a value of less than $50 
and a cumulative value from one source during a calendar year of less 
than $100. A gift having a value of less than $10 does not count toward 
the $100 annual limit. Formal recordkeeping is not required by this 
subdivision, but a Member, Delegate, Resident Commissioner, officer, or 
employee of the House shall make a good faith effort to comply with this 
subdivision.

  (2)(A) In this clause the term ``gift'' means a 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 866]]

with the Member, Delegate, Resident Commissioner, officer, or employee, 
shall be considered a gift to the Member, Delegate, Resident 
Commissioner, officer, or employee if it is given with the knowledge and 
acquiescence of the Member, Delegate, Resident Commissioner, officer, or 
employee and the Member, Delegate, Resident Commissioner, officer, or 
employee has reason to believe the gift was given because of his 
official position.
  (B)(i) A gift to a family member of a Member, Delegate, Resident 
Commissioner, officer, or employee of the House, or a gift to any other 
individual based on that individual's relationship

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

  (3) The restrictions in subparagraph (1) do not apply to the 
following:

      (A) Anything for which the Member, Delegate, Resident 
Commissioner, officer, or employee of the House pays the market value, 
or does not use and promptly returns to the donor.


[[Page 867]]

      (B) A contribution, as defined in section 301(8) of the Federal 
Election Campaign Act of 1971 (2 U.S.C. 431) 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.

      (C) A gift from a relative as described in section 109(16) of 
title I of the Ethics in Government Act of 1978 (2 U.S.C. App. 109(16)).

      (D)(i) Anything provided by an individual on the basis of a 
personal friendship unless the Member, Delegate, Resident Commissioner, 
officer, or employee of the House has reason to believe that, under the 
circumstances, the gift was provided because of his official position 
and not because of the personal friendship.

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

          (I) The history of his relationship with the individual giving 
the gift, including any previous exchange of gifts between them.

          (II) Whether to his actual knowledge 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 his actual knowledge the individual who gave 
the gift also gave the same or similar gifts to other Members, 
Delegates, the Resident Commissioners, officers, or employees of the 
House.


[[Page 868]]

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

      (F) A gift from another Member, Delegate, Resident Commissioner, 
officer, or employee of the House or Senate.

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

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

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

          (iii) 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 organization.

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


[[Page 869]]

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

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

      (K) 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).

      (L) Training (including food and refreshments furnished to all 
attendees as an integral part of the training) if such training is in 
the interest of the House.

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

      (N) An 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.

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

      (P) 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.


[[Page 870]]

      (Q) Free attendance at a widely attended event permitted under 
subparagraph (4).

      (R) Opportunities and benefits that are--

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

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

          (iii) 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;

          (iv) offered 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;

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

          (vi) 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.


[[Page 871]]

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

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

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

      (V) Donations of products from the district or State that the 
Member, Delegate, or Resident Commissioner represents that are intended 
primarily for promotional purposes, such as display or free 
distribution, and are of minimal value to any single recipient.

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

  (4)(A) A Member, Delegate, Resident Commissioner, officer, or employee 
of the House 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--

      (i) the Member, Delegate, Resident Commissioner, officer, or 
employee of the House participates in the event as a speaker or a panel 
participant, by presenting information related to Congress or matters 
before Congress, or by performing a ceremonial function appropriate to 
his official position; or


[[Page 872]]

      (ii) attendance at the event is appropriate to the performance of 
the official duties or representative function of the Member, Delegate, 
Resident Commissioner, officer, or employee of the House.

  (B) A Member, Delegate, Resident Commissioner, officer, or employee of 
the House who attends an event described in subdivision (A) may accept a 
sponsor's unsolicited offer of free attendance at the event for an 
accompanying individual.

  (C) A Member, Delegate, Resident Commissioner, officer, or employee of 
the House, 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.

  (D) In 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 873]]

  (5) A Member, Delegate, Resident Commissioner, officer, or employee of 
the House may not accept a gift the value of which exceeds $250 on the 
basis of the personal friendship exception in subparagraph (3)(D) unless 
the Committee on Standards of Official Conduct issues a written 
determination that such exception applies. A determination under this 
subparagraph is not required for gifts given on the basis of the family 
relationship exception in subparagraph (3)(C).

  (6) 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.

  (b)(1)(A) A reimbursement (including payment in kind) to a Member, 
Delegate, Resident Commissioner, officer, or employee of the House 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 his duties as an officeholder shall be 
considered as a reimbursement to the House and not a gift prohibited by 
this clause, if the Member, Delegate, Resident Commissioner, officer, or 
employee--

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

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


[[Page 874]]

  (B) For purposes of subdivision (A), events, the activities of which 
are substantially recreational in nature, are not considered to be in 
connection with the duties of a Member, Delegate, Resident Commissioner, 
officer, or employee of the House as an officeholder.

  (2) Each advance authorization to accept reimbursement shall be signed 
by the Member, Delegate, Resident Commissioner, or officer of the House 
under whose direct supervision the employee works and shall include--

      (A) the name of the employee;

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

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

      (D) 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.

  (3) Each disclosure made under subparagraph (1)(A) of expenses 
reimbursed or to be reimbursed shall be signed by the Member, Delegate, 
Resident Commissioner, or officer (in the case of travel by that Member, 
Delegate, Resident Commissioner, or officer) or by the Member, Delegate, 
Resident Commissioner, or officer under whose direct supervision the 
employee works (in the case of travel by an employee) and shall 
include--

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

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


[[Page 875]]

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

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

      (E) a determination that all such expenses are necessary 
transportation, lodging, and related expenses as defined in subparagraph 
(4); and

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

  (4) In this paragraph the term ``necessary transportation, lodging, 
and related expenses''--

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

      (B) 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 subdivision 
(A);


[[Page 876]]

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

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

  (5) The Clerk shall make available to the public all advance 
authorizations and disclosures of reimbursement filed under subparagraph 
(1) as soon as possible after they are received.

  (c) A gift prohibited by paragraph (a)(1) includes the following:

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

      (2) 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, Delegate, Resident Commissioner, 
officer, or employee of the House (not including a mass mailing or other 
solicitation directed to a broad category of persons or entities), other 
than a charitable contribution permitted by paragraph (d).


[[Page 877]]

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

      (4) 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, Delegates, the 
Resident Commissioner, officers, or employees of the House.

  (d)(1) 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, Delegate, 
Resident Commissioner, officer, or employee of the House are not 
considered a gift under this clause if it is reported as provided in 
subparagraph (2).

  (2) A Member, Delegate, Resident Commissioner, officer, or employee 
who designates or recommends a contribution to a charitable organization 
in lieu of an honorarium described in subparagraph (1) shall report 
within 30 days after such designation or recommendation to the Clerk--

      (A) the name and address of the registered lobbyist who is making 
the contribution in lieu of an honorarium;

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


[[Page 878]]

the Member, Delegate, or Resident Commissioner.
The Clerk shall make public information received under this subparagraph 
as soon as possible after it is received.
      (C) the name and address of the charitable organization designated 
or recommended by

  (e) In this clause--

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

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


  (f) All the provisions of this clause 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 clause.


  This provision originally was adopted in the 104th Congress as rule 
LII (H. Res. 250, Nov. 16, 1995, p. ----). It was amended in the 106th 
Congress to permit acceptance of a gift having a value of less than $50 
and a cumulative value from any one source in the calendar year of less 
than $100 (H. Res. 9, Jan. 6, 1999, p. ----). In the 105th Congress it 
was redesignated as rule LI (H. Res. 5, Jan. 7, 1997, p. ----), and when 
the House recodified its rules in the 106th Congress, this provision was 
consolidated with former rule XLI and XLVIII under rule XXVI (H. Res. 5, 
Jan. 6, 1999, p. ----). The gift rule is made applicable to all House 
employees by clauses 4 and 14 of rule XXIV, Sec. 1095, supra. The 
history of earlier rules bearing the designation LI or LII follow.


[[Page 879]]

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. 49). 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. 29326). 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). Certain savings provisions appear in section 506 of that 
Act (2 U.S.C. 1435). A later form of the 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. ----).

Claims against the Government


Sec. 1101. 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





1102. Officers and employees not to be agents of 
claims.

  6.  A person may not be an officer or employee of the House, or 
continue in its employment, if he acts as an agent for the prosecution 
of a claim against the Government or if he is interested in such claim, 
except as an original claimant or in the proper discharge of official 
duties.



  This provision was adopted in 1842 (V, 7227). It was renumbered 
January 3, 1953 (p. 24). It was amended by the Ethics Reform Act of 1989 
to include employees in the prohibition against prosecuting or having an 
interest in any claim against the Government, to specify the 
inapplicability of that prohibition to the discharge of official duties, 
and to delete an obsolete reference to the Committee on House 
Administration (P.L. 101-194, Nov. 30, 1989). Before the House 
recodified its rules in the 106th Congress, this provision was found in 
former rule XLI (H. Res. 5, Jan. 6, 1999, p. ----).


  In addition to rules XIV through XXVII, several provisions of the 
Federal criminal code also address the conduct of Members, officers, and 
employees with respect to bribery of public officials (18 U.S.C. 219), 
claims against the Government (18 U.S.C. 203-205, 207(e), 216), and 
public officials acting as agents of foreign principals (18 U.S.C. 219).