    [Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 107th Congress]
    [107th Congress]
    [House Document 106-320]
    [Rules of the House of Representatives]
    [Pages 871-893]
    [From the U.S. Government Publishing Office, www.gpo.gov]

                                    Rule XXV

    Outside earned income; honoraria
          limitations on outside earned income and acceptance of gifts

    [[Page 872]]

    Sec. 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

          (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 individual 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.

    [[Page 873]]

    cer, or employee during that calendar year and the denominator of which
    is 365.
      (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, offi

      (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, Resident Commissioner, officer, or employee, derives a
    financial benefit.

      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;

    [[Page 874]]

          (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

      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 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.

      (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

    [[Page 875]]

    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.
      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

      (2)(A) 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.

      (B) When used in clause 5 of this rule, the terms ``officer'' and
    ``employee'' have the same meanings as in rule XXIII.

      (b) In this rule the term ``honorarium'' means a payment of money or a
    thing of value for an 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.

    [[Page 876]]

    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.
      (c) In this rule the term ``travel expenses'' means, with respect to a
    Member, Delegate, Resident Commissioner, officer, or employee of

      (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;

          (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 rule or before he became a
    Member, Delegate, Resident Commissioner, officer, or employee;

          (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;

    [[Page 877]]

    the personal services actually rendered by him in the trade or business
    do not generate a significant amount of income; or
          (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

          (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 878]]

    ments 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. 22,
    1995, p. 38488). 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. ----). This rule was redesignated as rule XXV in the
    107th Congress (sec. 2(s), H. Res. 5, Jan. 3, 2001, p. ----). Clause
    4(a)(1) (and clause 5(e)) were amended in the 107th Congress to conform
    the definition of ``officer or employee'' to rule XXIII (sec. 2(w), H.
    Res. 5, Jan. 3, 2001, p. ----).
      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, 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). That Act also established a civil cause of
    action against an individual who violates the limitations on outside
    earned income and employment (5 U.S.C. app. 504). 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 pay

      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), 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). The Senate repealed its rule on
    outside earned income in the 97th Congress (S. Res. 512, Dec. 14, 1982,
    p. 30640).

    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
    amended in the Ethics Reform Act of 1989 (P.L. 101-194) and a related
    technical corrections Act (P.L. 101-280).

    Sec. 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.

    [[Page 879]]

    ward 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.
      (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 to

      (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.

      (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 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.

    [[Page 880]]

    officer, or employee shall be treated as a gift for purposes of this
    clause.
      (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,

      (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.

          (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.

    [[Page 881]]

          (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.

          (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 otherwise lawfully made in accordance with the
    restrictions and disclosure requirements of the Committee on Standards
    of Official Conduct.

          (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--

    [[Page 882]]

    tomarily provided to others in similar circumstances;
              (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 cus

              (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.

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

          (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).

    [[Page 883]]

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

          (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.

          (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;

    [[Page 884]]

              (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.

          (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.

    [[Page 885]]

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

          (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

          (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.

    [[Page 886]]

    portation, 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.
      (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
    trans

      (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.

    [[Page 887]]

    gate, Resident Commissioner, officer, or employee--
      (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, Dele

          (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.

      (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

    [[Page 888]]

          (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;

          (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.

    [[Page 889]]

      (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);

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

          (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:

    [[Page 890]]

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

          (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).

          (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, Resident Commissioner, officer, or
    employee of the House.

          (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.

    [[Page 891]]

    ered a gift under this clause if it is reported as provided in
    subparagraph (2).
      (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 consid

      (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

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

      (e) In this clause--

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

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

          (3) the terms ``officer'' and ``employee'' have the same meanings
    as in rule XXIII.

    [[Page 892]]

    on Standards of Official Conduct. The Committee on Standards of Official
    Conduct is authorized to issue guidance on any matter contained in this
    clause.

      (f) All the provisions of this clause shall be interpreted and
    enforced solely by the Committee

      This provision originally was adopted in the 104th Congress as rule
    LII (H. Res. 250, Nov. 16, 1995, p. 33433). 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 former rule XXVI
    (redesignated as rule XXV in the 107th Congress) (H. Res. 5, Jan. 6,
    1999, p. ----). Clause 5(e) (and Clause 4(a)(1)) were amended in the
    107th Congress to conform the definition of ``officer or employee'' to
    rule XXIII (sec. 2(w), H. Res. 5, Jan. 3, 2001, p. ----). The Committee
    on Standards of Official Conduct has compiled a complete statement of
    the rules on gifts and travel, which supersedes Chapter 2 of the 1992
    House Ethics Manual (Gifts and Travel, 106th Cong., 2d Sess.). The
    history of earlier rules bearing the designation LI or LII follow.

    [[Page 893]]

    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 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. 33433). In the 105th Congress
    the Gift Rule was redesignated as rule LI (H. Res. 5, Jan. 7, 1997, p.
    ----).

    Sec. 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). 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 XXIII through XXVI, 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).