    [Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 112th Congress]
    [112nd Congress]
    [House Document 111-157]
    [Rules of the House of Representatives]
    [Pages 943-972]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    [[Page 943]]

                                    Rule XXV

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

    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 944]]

    curs 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.
      (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 oc

      (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--

    [[Page 945]]

          (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 except
    for the practice of medicine;

          (b) permit the name of such individual 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 except for the practice of medicine;

          (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 Ethics.
    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.

    [[Page 946]]

    on Ethics 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
      (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

      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.

      (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.

    [[Page 947]]

    cer, 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 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, offi

      (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 the residence or principal place of
    employment of such individual.

      (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 such
    individual became a Member, Delegate, Resident Commissioner, officer, or
    employee;

    [[Page 948]]

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

          (D) in the case of a Member, Delegate, Resident Commissioner,
    officer, or employee of the House engaged in a trade or business in
    which such individual or the family of such individual 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 such individual 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 949]]

    that a Member of Congress may not accept honoraria in
    excess of 40 percent of a Member's 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 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 (now Ethics) (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. 47). This rule was redesignated as
    rule XXV in the 107th Congress (sec. 2(s), H. Res. 5, Jan. 3, 2001, p.
    24). 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. 26). Clause 2 was amended in the 108th
    Congress to except the practice of medicine from the restriction against
    outside earned income received from providing professional services that
    involve a fiduciary relationship (sec. 2(q), H. Res. 5, Jan. 7, 2003, p.
    7). Gender-based references were eliminated in the 111th Congress (sec.
    2(l), H. Res. 5, Jan. 6, 2009, p. _). Amendments were effected in the
    112th Congress to reflect a change in committee name (sec. 2(e)(8), H.
    Res. 5, Jan. 5, 2011, p. _).
      The rule on outside earned income (formerly 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

      For an in-depth discussion of this rule prepared by the Committee on
    Standards of Official Conduct (now Ethics), see the House Ethics Manual
    (110th Cong., 2d Sess.).

    [[Page 950]]

    in the 97th Congress (S. Res. 512, Dec. 14,
    1982, p. 30640) and reinstated it in the 102d Congress (S. Res. 192,
    Oct. 31, 1991, p. 29567).
      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

    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).

    1100. Gift rule.

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

      (ii) A Member, Delegate, Resident Commissioner, officer, or employee
    of the House may not knowingly accept a gift from a registered lobbyist
    or agent of a foreign principal or from a private entity that retains or
    employs registered lobbyists or agents of a foreign principal except as
    provided in subparagraph (3) of this paragraph.

    [[Page 951]]

    ficer, or employee
    of the House shall make a good faith effort to comply with this
    subdivision.
      (B)(i) A Member, Delegate, Resident Commissioner, officer, or employee
    of the House may accept a gift (other than cash or cash equivalent) not
    prohibited by subdivision (A)(ii) 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. The value of
    perishable food sent to an office shall be allocated among the
    individual recipients and not to the Member, Delegate, or Resident
    Commissioner. Formal recordkeeping is not required by this subdivision,
    but a Member, Delegate, Resident Commissioner, of

      (ii) A gift of a ticket to a sporting or entertainment event shall be
    valued at the face value of the ticket or, in the case of a ticket
    without a face value, at the highest cost of a ticket with a face value
    for the event. The price printed on a ticket to an event shall be deemed
    its face value only if it also is the price at which the issuer offers
    that ticket for sale to the public.

      (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 952]]

      (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 the official position of
    such individual.

      (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.

          (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 (5 U.S.C. App. 109(16)).

    [[Page 953]]

    such individual and not because of the personal friendship.
          (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 the official position of

          (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 the relationship of such individual with
    the individual giving the gift, including any previous exchange of gifts
    between them.

              (II) Whether to the actual knowledge of such individual 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 such individual 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 954]]

          (E) Except as provided in paragraph (e)(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
    Ethics.

          (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 the duties of such individual as an officeholder), or of
    the spouse of such individual, if such benefits have not been offered or
    enhanced because of the official position of such individual 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 955]]

    cals, 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
    House in the form of books, articles, periodi

          (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.

          (Q) Free attendance at an event permitted under subparagraph (4).

    [[Page 956]]

          (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 957]]

          (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 Ethics.

          (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
    the official position of such individual; or

    [[Page 958]]

          (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 unless--

          (i) all of the net proceeds of the event are for the benefit of an
    organization described in section 501(c)(3) of the Internal Revenue Code
    of 1986 and exempt from taxation under section 501(a) of such Code;

          (ii) reimbursement for the transportation and lodging in
    connection with the event is paid by such organization; and

          (iii) the offer of free attendance at the event is made by such
    organization.

    [[Page 959]]

      (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.

      (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 Ethics 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 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 such individual as an officeholder shall
    be considered as a reimbursement to the House and not a gift prohibited
    by this clause when it is from a private source other than a registered
    lobbyist or agent of a foreign principal or a private entity that
    retains or employs registered lobbyists or agents of a foreign principal
    (except as provided in subdivision (C)), if the Member, Delegate,
    Resident Commissioner, officer, or employee--

    [[Page 960]]

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

          (ii) discloses the expenses reimbursed or to be reimbursed and the
    authorization to the Clerk within 15 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.

      (C) A reimbursement (including payment in kind) to a Member, Delegate,
    Resident Commissioner, officer, or employee of the House for any purpose
    described in subdivision (A) also shall be considered as a reimbursement
    to the House and not a gift prohibited by this clause (without regard to
    whether the source retains or employs registered lobbyists or agents of
    a foreign principal) if it is, under regulations prescribed by the
    Committee on Ethics to implement this provision--

          (i) directly from an institution of higher education within the
    meaning of section 101 of the Higher Education Act of 1965; or

    [[Page 961]]

    to be practically required to participate in the one-day event.
          (ii) provided only for attendance at or participation in a one-day
    event (exclusive of travel time and an overnight stay).
    Regulations prescribed to implement this provision may permit a two-
    night stay when determined by the committee on a case-by-case basis

      (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) 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 962]]

          (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);

          (F) a description of meetings and events attended; and

          (G) in the case of a reimbursement to a Member, Delegate, Resident
    Commissioner, or officer, a determination that the travel was in
    connection with the duties of such individual 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 Ethics;

          (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 963]]

    tainment 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
          (C) does not include expenditures for recreational activities, nor
    does it include enter

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

      (5) The Clerk of the House shall make all advance authorizations,
    certifications, and disclosures filed pursuant to this paragraph
    available for public inspection as soon as possible after they are
    received.

      (c)(1)(A) Except as provided in subdivision (B), a Member, Delegate,
    Resident Commissioner, officer, or employee of the House may not accept
    a reimbursement (including payment in kind) for transportation, lodging,
    or related expenses for a trip on which the traveler is accompanied on
    any segment by a registered lobbyist or agent of a foreign principal.

      (B) Subdivision (A) does not apply to a trip for which the source of
    reimbursement is an institution of higher education within the meaning
    of section 101 of the Higher Education Act of 1965.

    [[Page 964]]

    ment
    of a registered lobbyist or agent of a foreign principal in the
    planning, organization, request, or arrangement of the trip is de
    minimis under rules prescribed by the Committee on Ethics to implement
    paragraph (b)(1)(C) of this clause.
      (2) A Member, Delegate, Resident Commissioner, officer, or employee of
    the House may not accept a reimbursement (including payment in kind) for
    transportation, lodging, or related expenses under the exception in
    paragraph (b)(1)(C)(ii) of this clause for a trip that is financed in
    whole or in part by a private entity that retains or employs registered
    lobbyists or agents of a foreign principal unless any involve

      (3) A Member, Delegate, Resident Commissioner, officer, or employee of
    the House may not accept a reimbursement (including payment in kind) for
    transportation, lodging, or related expenses for a trip (other than a
    trip permitted under paragraph (b)(1)(C) of this clause) if such trip is
    in any part planned, organized, requested, or arranged by a registered
    lobbyist or agent of a foreign principal.

      (d) A Member, Delegate, Resident Commissioner, officer, or employee of
    the House shall, before accepting travel otherwise permissible under
    paragraph (b)(1) of this clause from any private source--

          (1) provide to the Committee on Ethics before such trip a written
    certification signed by the source or (in the case of a corporate
    person) by an officer of the source--

              (A) that the trip will not be financed in any part by a
    registered lobbyist or agent of a foreign principal;

              (B) that the source either--

    [[Page 965]]

                  (i) does not retain or employ registered lobbyists or
    agents of a foreign principal; or

                  (ii) is an institution of higher education within the
    meaning of section 101 of the Higher Education Act of 1965; or

                  (iii) certifies that the trip meets the requirements
    specified in rules prescribed by the Committee on Ethics to implement
    paragraph (b)(1)(C)(ii) of this clause and specifically details the
    extent of any involvement of a registered lobbyist or agent of a foreign
    principal in the planning, organization, request, or arrangement of the
    trip considered to qualify as de minimis under such rules;

              (C) that the source will not accept from another source any
    funds earmarked directly or indirectly for the purpose of financing any
    aspect of the trip;

              (D) that the traveler will not be accompanied on any segment
    of the trip by a registered lobbyist or agent of a foreign principal
    (except in the case of a trip for which the source of reimbursement is
    an institution of higher education within the meaning of section 101 of
    the Higher Education Act of 1965); and

              (E) that (except as permitted in paragraph (b)(1)(C) of this
    clause) the trip will not in any part be planned, organized, requested,
    or arranged by a registered lobbyist or agent of a foreign principal;
    and

    [[Page 966]]

    graph (i)(1)(B) of this clause, obtain the prior
    approval of the committee for such trip.
          (2) after the Committee on Ethics has promulgated the regulations
    mandated in para

      (e) 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 (f).

          (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.

    [[Page 967]]

    the Resident Commissioner, officers, or employees 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,

      (f)(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 is 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

          (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.

      (g) In this clause--

    [[Page 968]]

          (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.

      (h) All the provisions of this clause shall be interpreted and
    enforced solely by the Committee on Ethics. The Committee on Ethics is
    authorized to issue guidance on any matter contained in this clause.

      (i)(1) Not later than 45 days after the date of adoption of this
    paragraph and at annual intervals thereafter, the Committee on Ethics
    shall develop and revise, as necessary--

          (A) guidelines on judging the reasonableness of an expense or
    expenditure for purposes of this clause, including the factors that tend
    to establish--

              (i) a connection between a trip and official duties;

              (ii) the reasonableness of an amount spent by a sponsor;

              (iii) a relationship between an event and an officially
    connected purpose; and

              (iv) a direct and immediate relationship between a source of
    funding and an event; and

    [[Page 969]]

    travel
    covered by this clause, including any required certifications.
          (B) regulations describing the information it will require
    individuals subject to this clause to submit to the committee in order
    to obtain the prior approval of the committee for any

      (2) In developing and revising guidelines under subparagraph (1)(A),
    the committee shall take into account the maximum per diem rates for
    official Government travel published annually by the General Services
    Administration, the Department of State, and the Department of Defense.

    [[Page 970]]

    (b)(5) (effective March 1, 2007); (8) to add paragraphs (c) and (d)
    (effective March 1, 2007); and (9) to add paragraph (i) (effective March
    1, 2007). Subdivision (Q) was amended during the 110th Congress to
    clarify the events for which a gift of free attendance is not prohibited
    (sec. 4, H. Res. 437, May 24, 2007, p. 14156). In the 111th Congress a
    technical correction to paragraph (i)(2) was effected and gender-based
    references were eliminated (secs. 2(l), 2(m), H. Res. 5, Jan. 6, 2009,
    p. _). Amendments were effected in the 112th Congress to reflect a
    change in committee name (sec. 2(e)(8), H. Res. 5, Jan. 5, 2011, p. _).

      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. 237). In the 105th Congress it
    was redesignated as rule LI (H. Res. 5, Jan. 7, 1997, p. 121), and when
    the House recodified its rules in the 106th Congress, this provision was
    consolidated with former rules XLI and XLVIII under former rule XXVI
    (redesignated as rule XXV in the 107th Congress) (H. Res. 5, Jan. 6,
    1999, p. 47). Clause 5(e) (now 5(g)) 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. 26). In the 108th
    Congress clause 5(a)(1)(B) was amended to allocate the value of
    perishable food sent to an office among the individual recipients rather
    than to the Member (sec. 2(r), H. Res. 5, Jan. 7, 2003, p. 7) and clause
    5(a)(4)(C) was amended to permit, under specified circumstances, a
    Member to be reimbursed for transportation and lodging to attend a
    charity event (sec. 2(s), H. Res. 5, Jan. 7, 2003, p. 7). In the 109th
    Congress, clause 5(b)(4)(D) was amended to expand the definition of
    ``necessary transportation, lodging, and related expenses'' to include
    travel expenses of a relative of a Member (rather than only a spouse or
    child) (sec. 2(j), H. Res. 5, Jan. 4, 2005, p. 43). In the 110th
    Congress, clause 5 was amended as follows: (1) to add subdivision (ii)
    to paragraph (a)(1)(A), with a corresponding cross reference in
    paragraph (a)(1)(B)(i); (2) to add subdivision (ii) to paragraph
    (a)(1)(B); (3) to include as gifts reimbursement for transportation and
    lodging expenses from entities that retain registered lobbyists or
    agents of a foreign principal in paragraph (b)(1)(A) with an exception
    in a new subdivision (C) for reimbursements from institutions of higher
    education or for participation in one-day events (effective March 1,
    2007); (4) to shorten from 30 to 15 days the time in which disclosure is
    made to the Clerk under paragraph (b)(1)(A)(ii) (effective March 1,
    2007); (5) to add subdivision (F) to paragraph (b)(3); (6) to make a
    conforming amendment to paragraph (b)(3) (effective March 1, 2007); (7)
    to include additional certifications and disclosures in paragraph

    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.
    121).

    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 acting as an agent for the prosecution of
    a claim against the Government or if interested in such claim, except as
    an original claimant or in the proper discharge of official duties.

    [[Page 971]]

    Gender-based references were
    eliminated in the 111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p.
    _). 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. 47).

      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).

      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. 201-
    203), claims against the Government (18 U.S.C. 204, 205, 207(e), 216),
    and public officials acting as agents of foreign principals (18 U.S.C.
    219).

    Sec. 1102a. Lobbying contact with spouse of Member.

      7.  A
    Member, Delegate, or Resident Commissioner shall prohibit all staff
    employed by that Member, Delegate, or Resident Commissioner (including
    staff in personal, committee, and leadership offices) from making any
    lobbying contact (as defined in section 3 of the Lobbying Disclosure Act
    of 1995) with that individual's spouse if that spouse is a lobbyist
    under the Lobbying Disclosure Act of 1995 or is employed or retained by
    such a lobbyist for the purpose of influencing legislation.

      This provision was adopted in the 110th Congress (sec. 302, P.L. 110-
    81).

    [[Page 972]]

    Sec. 1102b. Prohibition during political
    convention.

      8.  During the dates on which the national political party to
    which a Member (including a Delegate or Resident Commissioner) belongs
    holds its convention to nominate a candidate for the office of President
    or Vice President, the Member may not participate in an event honoring
    that Member, other than in the capacity as a candidate for such office,
    if such event is directly paid for by a registered lobbyist under the
    Lobbying Disclosure Act of 1995 or a private entity that retains or
    employs such a registered lobbyist.

      This provision was adopted in the 110th Congress (sec. 305, P.L.
    110-81). A gender-based reference was eliminated in the 111th Congress
    (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. _).