[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 Printing 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).