House Ethics Rules Flashcards
Rules on Gifts
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.
Exceptions on Gift Rules
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
Privately Sponsered Travel
Each participant in officially-connected travel paid for by a private source must get approval in advance, in writing, from the Ethics Committee
Traveler must provide to Ethics Committee
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
Any entity that does not employ or retain a federally-registered lobbyist or foreign agent, and any U.S. college or university,
may sponsor trips up to 4 days (domestic) or 7 days (international)
Private entities that employ or retain a lobbyist or foreign agent
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
Primary trip sponsor must have
direct relationship to event or location being visited, and purpose of trip must be related to Member or employee’s official duties
May accept reasonable, necessary trip expenses (transportation, food, lodging, conference fees & materials)
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
Must file post-trip disclosure form with Clerk of the House
within 15 days after return, attaching all pre-trip approval paperwork, the authorization letter from the Committee, and the sponsor post-travel certification
House Privately Sponsered Travel Rules Exceptions
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
No preferential treatment for
the Member’s supporters, contributors, family, or friends in casework matters – treat all constituents fairly, and on the merits of their claims
Members have broad discretion in helping constituents before federal government agencies
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
Avoid “ex parte” communications in cases before agencies or courts
off-the-record communications to the decisionmaker that are made without prior notice to all parties
Members and employees may not contact an agency on a matter
in which they have a personal financial interest
May not directly or indirectly
threaten reprisal against any agency official, or promise favoritism or benefit
Job recommendations to federal agencies for regular civil service positions
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
Honoraria Definition
a payment for any speech, appearance, or article
Honoraria
Members, officers, and “senior” House staff (see p. 12) are prohibited from receiving any honoraria, regardless of the topic
In lieu of an honorarium
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
Employees paid below the “senior staff” rate (see p. 12) may accept an honorarium, unless any one of three conditions is true:
(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
Senior Staff Definitition
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)
Outside earned income limit for 2015
$27,225
NO paid professional services
involving a fiduciary relationship, including law, real estate or insurance sales, financial services, or consulting or advising (see House Rule 25, cl. 2)
NO affiliation for compensation
with any firm that provides such professional services
NO use of name
by any firm that provides such professional services
NO paid service
as officer or board member of any organization
Unpaid board service is generally permitted
NO paid teaching
without the advance written approval of the Ethics Committee
Approval required for each semester of teaching
NO advances on copyright royalties in book contract
royalties may be accepted only if contract is with an established publisher on customary terms and is approved by the Ethics Committee
Very Senior Staff Definition
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
Post-Gov Employment Rules
only applies to members, officers, and “very senior staff”
Earned Income Rules
Only apply to members, officers, and senior staff for one year after leaving office
A MEMBER OR OFFICER
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
Very senior staff
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
staff from a member’s personal office
barred from lobbying only that Member
Staff of a commitee
barred from lobbying any Members on the committee currently or during the employee’s last 12 months of House employment
Leadership staff
barred from lobbying House leadership of both parties
a member, officer, or very senior staff member
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
