[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 113th Congress]
[113rd Congress]
[House Document 112-161]
[Rules of the House of Representatives]
[Pages 951-980]
[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



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 952]]

performance 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 individual with the House, or the person offering the honorarium has 
interests that may be substantially affected by the performance or non

  (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 953]]


  (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 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


[[Page 954]]

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 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

  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.


[[Page 955]]

  (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.

  (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.


[[Page 956]]

  (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;

      (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 
such individual 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 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


[[Page 957]]

  (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 958]]

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. 7). 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 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,

  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.).

  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) and reinstated it in the 102d Congress (S. Res. 192, Oct. 31, 
1991, p. 29567).


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 959]]

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, 
officer, 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

  (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 960]]

vidual 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.
  (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 
indi

  (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 961]]

by a political organization described in section 527(e) of the Internal 
Revenue Code of 1986.
      (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

      (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)).

      (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 
such individual 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 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.


[[Page 962]]

Commissioners, officers, or employees of the House.
          (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

      (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


[[Page 963]]

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

      (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).

      (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.


[[Page 964]]

      (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).

      (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;


[[Page 965]]

          (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 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.


[[Page 966]]

  (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

      (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;


[[Page 967]]

      (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.

  (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.


[[Page 968]]

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--
  (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

      (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 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.


[[Page 969]]

Committee on Ethics to implement this provision--
  (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

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

      (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 to 
be practically required to participate in the one-day event.

  (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.


[[Page 970]]

gate, Resident Commissioner, or officer under whose direct supervision 
the employee works (in the case of travel by an employee) and shall 
include--
  (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, Dele

      (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);

      (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''--


[[Page 971]]

United States unless approved in advance by the Committee on Ethics;
      (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

      (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 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.


[[Page 972]]

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

  (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 involvement 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.

  (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--


[[Page 973]]

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

          (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--

              (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;


[[Page 974]]

of section 101 of the Higher Education Act of 1965); and
          (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

          (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

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

  (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).


[[Page 975]]

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.

  (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


[[Page 976]]

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

  (g) 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.

  (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;


[[Page 977]]

          (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

      (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 travel covered by 
this clause, including any required certifications.


  (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 978]]

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 (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, pp. 7, 9). 
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,



[[Page 979]]

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.



  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). Gender-based references were eliminated 
in the 111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. 7). 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).


  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).



[[Page 980]]




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).




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. 7).