House Ethics Rules

Question 1

Rules on Gifts

Answer 1

The House Gift Rule prohibits acceptance of anything having monetary value unless permitted by one of the exceptions stated in the rule
MEMBERS AND STAFF MAY NEVER SOLICIT A GIFT OR ACCEPT A GIFT THAT IS LINKED TO ANY ACTION THEY HAVE TAKEN OR ARE BEING ASKED TO TAKE.

Question 2

Exceptions on Gift Rules

Answer 2

 Gifts from relatives (including in-laws)
 Gifts from other Members or employees (except from subordinates, unless a special occasion)
 Anything paid for by U.S. federal, state, or local government (includes federal agencies, cities, counties, towns, and public universities)
 Gifts based on personal friendship offered for a non-business purpose (but a gift over $250 in value requires prior written permission from the Ethics Committee)
 Informational materials (books, videotapes, DVDs) sent to House office. Includes periodicals if sent by publisher
 “Home state products” of nominal value for distribution by House office
 Commemorative items, such as a plaque, if presented at an event and inscribed
 Benefits available to the general public (e.g., frequent flyer miles), to members of a group unrelated to congressional employment (e.g., alumni association discounts), or to all federal employees (e.g., federal employee purchasing programs)
 Any item of nominal value (i.e., less than $10). Baseball caps and t-shirts are allowed
 Any gift, other than cash or cash equivalent, valued at less than $50, as long as the donor is not a registered lobbyist, foreign agent, or an entity that retains or employs them
- Less-than-$50 exception subject to annual limit of less than $100 in gifts from any private source in a calendar year

Question 3

Privately Sponsered Travel

Answer 3

Each participant in officially-connected travel paid for by a private source must get approval in advance, in writing, from the Ethics Committee

Question 4

Traveler must provide to Ethics Committee

Answer 4

an approval request form together with a certification form completed by the trip sponsor(s) at least 30 days before the trip begins. Staff also need advance approval on the form from their employing Member

Question 5

Any entity that does not employ or retain a federally-registered lobbyist or foreign agent, and any U.S. college or university,

Answer 5

may sponsor trips up to 4 days (domestic) or 7 days (international)

Question 6

Private entities that employ or retain a lobbyist or foreign agent

Answer 6

may sponsor only one-day, one-night trips, provided lobbyist involvement in requesting or planning trip is de minimis
*in limited circumstances, Committee may authorize a second night

Question 7

Primary trip sponsor must have

Answer 7

direct relationship to event or location being visited, and purpose of trip must be related to Member or employee’s official duties

Question 8

May accept reasonable, necessary trip expenses (transportation, food, lodging, conference fees & materials)

Answer 8

Transportation must be coach or business class, unless special circumstances are shown
Food and lodging must be reasonable or selected without regard to congressional participation
Entertainment, recreational activity, and gifts may be accepted only as gift rule allows

Question 9

Must file post-trip disclosure form with Clerk of the House

Answer 9

within 15 days after return, attaching all pre-trip approval paperwork, the authorization letter from the Committee, and the sponsor post-travel certification

Question 10

House Privately Sponsered Travel Rules Exceptions

Answer 10

if the travel is sponsored by any of the following, the rules do not apply
U.S. government (e.g., committee travel or CODELs)
State or local government (e.g., trips paid for by a state university)
Foreign government (e.g., MECEA trips)
Political organizations

Question 11

No preferential treatment for

Answer 11

the Member’s supporters, contributors, family, or friends in casework matters – treat all constituents fairly, and on the merits of their claims

Question 12

Members have broad discretion in helping constituents before federal government agencies

Answer 12

May make a status inquiry; urge prompt and fair consideration; ask for full and fair consideration consistent with applicable law and regulations; arrange appointments – or, when warranted by the merits of the case, express judgment or ask for reconsideration of a decision
Generally able to provide official assistance only to residents of current district

Question 13

Avoid “ex parte” communications in cases before agencies or courts

Answer 13

off-the-record communications to the decisionmaker that are made without prior notice to all parties

Question 14

Members and employees may not contact an agency on a matter

Answer 14

in which they have a personal financial interest

Question 15

May not directly or indirectly

Answer 15

threaten reprisal against any agency official, or promise favoritism or benefit

Question 16

Job recommendations to federal agencies for regular civil service positions

Answer 16

may include only statements that are based on personal knowledge of the applicant, or addresses the applicant’s character (e.g., honesty, integrity) or residence (e.g., lives in district or state). See pages 316-321 of the 2008 House Ethics Manual
Generally, recommendations to private entities may be made on official letterhead only when Member has worked with applicant in an official capacity

Question 17

Honoraria Definition

Answer 17

a payment for any speech, appearance, or article

Question 18

Honoraria

Answer 18

Members, officers, and “senior” House staff (see p. 12) are prohibited from receiving any honoraria, regardless of the topic

Question 19

In lieu of an honorarium

Answer 19

the sponsor of an event or the publisher may donate up to $2,000 per event to a charity qualified under § 170(c) of the Tax Code, provided that –
(1) The event sponsor or publisher makes the donation directly to the charity; and
(2) Neither the Member or employee, nor a relative of the Member or employee, receives any financial or tax benefit from the donation
- Charitable donations in lieu of honoraria must be reported on the annual Financial Disclosure Statement of those required to file them

Question 20

Employees paid below the “senior staff” rate (see p. 12) may accept an honorarium, unless any one of three conditions is true:

Answer 20

(1) The subject matter is directly related to the employee’s official duties;
(2) The payment is made because of the individual’s status with the House; or
(3) The payor has interests before the House that the employee may affect

Question 21

Senior Staff Definitition

Answer 21

in 2015 for outside employment purposes is anyone paid at an annual rate of $121,956 or more for more than 90 days
The 2015 senior staff rate equates to a monthly salary of more than $10,163
Salary trigger can be reached by temporary increases in pay
Senior staff for financial disclosure purposes is anyone paid at the senior staff rate for 60 days (two pay periods) or more in a calendar year (see p. 13)

Question 22

Outside earned income limit for 2015

Answer 22

$27,225

Question 23

NO paid professional services

Answer 23

involving a fiduciary relationship, including law, real estate or insurance sales, financial services, or consulting or advising (see House Rule 25, cl. 2)

Question 24

NO affiliation for compensation

Answer 24

with any firm that provides such professional services

Question 25

NO use of name

Answer 25

by any firm that provides such professional services

Question 26

NO paid service

Answer 26

as officer or board member of any organization
Unpaid board service is generally permitted

Question 27

NO paid teaching

Answer 27

without the advance written approval of the Ethics Committee
Approval required for each semester of teaching

Question 28

NO advances on copyright royalties in book contract

Answer 28

royalties may be accepted only if contract is with an established publisher on customary terms and is approved by the Ethics Committee

Question 29

Very Senior Staff Definition

Answer 29

any employee of a Member, committee, or leadership office who was, in the one year prior to leaving House employment, paid at an annual rate of $130,500 or more for at least 60 days
Note: The triggering salary for employees of “other legislative offices” is $158,700. Contact the Committee for details

Question 30

Post-Gov Employment Rules

Answer 30

only applies to members, officers, and “very senior staff”

Question 31

Earned Income Rules

Answer 31

Only apply to members, officers, and senior staff for one year after leaving office

Question 32

A MEMBER OR OFFICER

Answer 32

may not communicate with or appear before a Member, officer, or employee of either House of Congress or any Legislative Branch office with intent to influence official action on behalf of anyone else

Question 33

Very senior staff

Answer 33

may not communicate with or appear before the individual’s former employer or office with intent to influence official action on behalf of anyone else

Question 34

staff from a member’s personal office

Answer 34

barred from lobbying only that Member

Question 35

Staff of a commitee

Answer 35

barred from lobbying any Members on the committee currently or during the employee’s last 12 months of House employment

Question 36

Leadership staff

Answer 36

barred from lobbying House leadership of both parties

Question 37

a member, officer, or very senior staff member

Answer 37

May not represent or advise a foreign government or a foreign political party for one year
May represent oneself, a state or local government, or the U.S. government as an official or employee of a government agency or entity
May not lobby the staff of a Member in lieu of lobbying the Member directly