SUBJECTS COVERED:
GIFTS
Applies to All Members, Officers and
Employees
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The House Gift Rule prohibits acceptance of any
gift unless permitted by one of the exceptions stated in the rule. Gifts allowed by the exceptions include --
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Any gift (other than cash or cash equivalent) valued at
less than $50; however, the cumulative value of gifts that can be accepted from any one source in a calendar year is
less than $100
- Gifts having a value of less than $10 do not count against the annual limit
- "Buydowns" are not allowed -- i.e., a gift valued at $55 cannot be accepted merely by paying $6,
-
Gifts from relatives, and gifts from other
Members or employees,
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Gifts based on personal friendship
(but a gift over $250 in value may not be accepted unless a written determination
is obtained from Standards Committee),
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Personal hospitality in a
private home (except from a registered lobbyist),
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Free attendance at charity,
political, or officially-related "widely attended" events if offered by
sponsor, and free attendance at receptions,
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Anything paid for by federal,
state, or local government.
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.
FURTHER GUIDANCE CAN BE FOUND IN THE FOLLOWING MEMORANDA:
Gifts and Travel Booklet
Privately
Sponsored Travel
Applies to All Members, Officers and
Employees
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Private payment of necessary
food, transportation and lodging expenses may be accepted from a qualified private sponsor for travel to
a meeting, speaking engagement, or fact-finding event in connection with
official duties.
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Limit on number of days at the expense of the trip sponsor:
-4 days, including travel
time, for domestic travel.
-7 days, excluding travel
time, for foreign travel.
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Entertainment/recreational
expenses may not be accepted except as gift rule allows.
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Staff travel must be authorized
in advance, in writing, by the supervising Member.
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A form disclosing the identity of the sponsor,
the purpose and itinerary of the trip, and the expenses paid must be filed with
the Clerk of the House within 30 days after return.
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Within certain limits, may extend trip at own
expense and on own time.
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May take spouse or child at sponsor's
expense, but not both..
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These time limits and reporting requirements
do not apply to government-funded travel.
CONSULT Gifts and Travel
Booklet for detailed information.
Campaign
Activities
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No campaign activities in any congressional
office or room.
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No use of congressional office resources (including equipment, supplies or files)
for campaign purposes.
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No solicitation of political contributions
from or in any congressional office.
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Don't accept any contribution that is linked to
any official action, past or prospective.
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Campaign funds may be used only for bona fide campaign
or political purposes.
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No personal use or borrowing
of campaign funds, and no use for official House purposes.
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No staff contributions for employing Member's
campaign.
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No staff outlays for employing Member's
campaign (other than for campaign-related travel taking place on employee's
own time), even if the employee is promptly reimbursed.
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Staff may do campaign work on own time, provided
that the work is done outside the congressional office; but no employee can be compelled to do campaign work.
FURTHER GUIDANCE CAN BE FOUND IN THE
FOLLOWING MEMORANDA:
Campaign Booklet issued December 2001
Rules Governing (1) Solicitation by Members,
Officers and Employees in General, and (2) Political Fundraising Activity
in House Offices issued April 25, 1997
Revised Solicitation
Guidelines issued April 4, 1995
Staff
Rights and Duties
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Congressional resources and time are to be
used for official House business-not for personal or political matters,
or the business of any outside organization.
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Outside employment is generally permissible
provided that there are no conflict-of-interest concerns, and the employing
Member does not object. Senior employees must comply with the outside earned
income limitation and the outside employment limitations.
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Staff must perform official duties commensurate
with pay.
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Members may take into consideration political
affiliation and domicile in making employment decisions, but not race,
religion, sex, handicap, age or national origin.
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Criminal law generally prohibits Federal employees,
outside their official duties, from representing anyone before the Federal
Government or in court on any matter in which the Government is a party or has a direct and substantial
interest -- even on an unpaid basis.
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Staff members are prohibited from giving anything
of value to the employing Member or a superior, except for voluntary gifts
on special occasions, such as a birthday.
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Staff (and Members) may not accept anything
of value in return for or as a "thank you" for performing any official
duty.
Further guidance can be found in the
following memorandum:
Member
Office Activities in Areas Added by Redistricting, issued February 15, 2002
Interns,
Fellows and Volunteers
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Member or House offices may accept temporary
services of an unpaid intern if the intern is participating in a program
that is primarily of educational benefit to the individual.
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Member or House offices may accept temporary
services of a fellow in a mid-career education program while the individual
receives compensation from his or her employer.
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Member or House offices may accept the
temporary services of a volunteer not part of an outside program, provided
the Member or office has a clearly defined program to assure that the voluntary
service (1) is of significant educational benefit to the participant,
and (2) does not supplant the normal and regular duties of paid employees.
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In considering use of unpaid individuals, Members
and offices take into account any connection or affiliation that the individual has
with any organization or industry having interests Congress.
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Interns, fellows and volunteers should
not be assigned duties that will result in any direct or indirect benefit
to the sponsoring organization or anyone else with whom the individual is affiliated,
other than broadening the individual's knowledge.
Communications
to Government Agencies
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Members have broad discretion in helping
constituents before 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, where
warranted by the merits of the case,
express judgment or ask for reconsideration of decision.
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No preferential treatment for the Member's supporters,
contributors or friends in casework matters -- treat all constituents fairly, and on the merits of their
claims.
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Avoid "ex parte" communications in cases
before agencies or courts - i.e., off-the-record communications to the
decision-maker that are made without prior notice to all parties.
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Members and employees may not contact an
agency on a matter in which they have a personal financial interest.
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May not directly or indirectly threaten
reprisal against any agency official, or promise favoritism or benefit.
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Job recommendations to Federal agencies for regular civil
service positions may include only statements that are based on personal knowledge of the
applicant, or address the applicant's character (e.g., honesty, integrity) or residence
(e.g., lives in district or state).
Involvement
with Outside Entities
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Avoid mixing of House and private resources.
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A House office may not accept cash or in-kind
services from any individual or private organization for the support of any of
its activities, except that a Member may use funds of his or her principal
campaign committee to pay for food/beverage expenses at an official event.
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A House office may not jointly sponsor a town
meeting or other event with any private group.
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Do not let outside organizations use a
copy of official letterhead, or any terms or symbols that may indicate
an official endorsement, such as any official seal, or the institutional
names "House of Representatives" or "Congress of the United States."
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Official mailing lists may be used only
for franked mail; unofficial lists must be purchased for fair market value
if not already available for public use.
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Members and staff may solicit contributions
for a charity qualified under §170(c) of the Tax Code, provided that no official resources are used, no official
endorsement is implied, no direct personal benefit results for the soliciting
Member or employee, and registered lobbyists are not targeted.
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Prior written approval from the Committee
is required for all other solicitations.
FURTHER GUIDANCE CAN BE FOUND IN THE
FOLLOWING MEMORANDA:
Answers to the "Top 20 Questions"
issued March 4, 1998
Rules Governing (1) Solicitation by Members,
Officers and Employees in General, and (2) Political Fundraising Activity
in House Offices issued April 25, 1997
Revised Solicitation
Guidelines issued April 4, 1995
Conflicts
of Interest
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Official position and confidential information
may not be used for personal gain.
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A Member must abstain from voting on a matter on
the House floor only if the Member has a direct, distinct personal or pecuniary interest in the
matter.
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Abstention from floor voting is generally not required where the Member would be affected
only as a member of a class (such as a shareholder in a publicly held
corporation), but greater caution is required in taking other kinds of official
action, such as scheduling a hearing or voting in committee.
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Under criminal law, Members may not contract
with a federal agency except in limited circumstances (relating primarily to
participation in certain federal farm support programs).
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Spouses and other family members have substantial
discretion in employment and investments. However --
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Members and staff should not do any special favors
for family members.
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Members may not hire family members in
their congressional offices.
The
Honoraria Ban
Applies
to All Members, Officers and Employees
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- An honorarium is a payment
for ANY speech, appearance, or article.
- In lieu of an honorarium,
sponsor of an event or the publisher may donate up to $2000 per event to a
charity qualified under §170(c) of the Tax Code, provided that --
- The sponsor or publisher makes the
donation directly to the charity; and
- Neither the Member or employee, nor a relative
of a Member or employee, receives any financial or tax benefit from the donation.
- Members, officers, and
senior employees must report any donations in lieu of honoraria on Financial
Disclosure Statements, and identify recipient charities in an accompanying
confidential report.
- However, an employee paid below
the "senior staff" (i.e, paid below $102,168 in
2003) may accept an honorarium,
unless the subject matter is directly related to his or her official duties,
the payment is made because of the individual's status with the House,
or the payor has interests before the House that the employee may affect.
Outside
Earned Income Limitation & Employment Restrictions
APPLY ONLY TO MEMBERS
AND SENIOR STAFF Outside
Earned Income Limit for Calendar Year 2003 - $23,205
NO paid
professional services involving a fiduciary relationship, including law,
real estate or insurance sales, financial services, or consulting or advising
(see 5 U.S.C. app. 4 §502(a)).
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.
NO paid
teaching without advance written approval of the Standards Committee.
NO advances
on copyright royalties in book contracts; royalties may be accepted only
if contract is with an established publisher on customary terms and is approved by
Standards Committee.
"Senior staff" in 2003 is anyone paid at
an annual rate of $102,168 or more for over 90 days.
FURTHER GUIDANCE CAN
BE FOUND IN THE FOLLOWING MEMORANDA:
Outside
Earned Income Restrictions on Members and Senior Staff
issued February 23, 1998
Salary
Levels at which the Outside Earned Income Limitation, Financial Disclosure
Requirement, and Post-Employment Restrictions Apply for 2003
issued January 2003
Financial
Disclosure
Members, Officers, Senior
Employees, and Principal Assistants
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Annual reports due by May 15th
of each year, covering the prior calendar year. (Standards Committee may grant
an extension if written, signed request is received before due date.)
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Must disclose income (earned
and unearned), assets, liabilities, transactions in securities and real
property, certain gifts, travel paid by a private source, outside positions, and agreements.
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Financial information regarding spouse
and dependent children generally must be disclosed as well.
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Termination reports required
within 30 days of departure.
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$200 late filing fee; possibility
of additional Committee action for late, incorrect or incomplete filing; civil action may be initiated by the Department
of Justice.
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Standards Committee reviews
all reports, and upon request will pre-screen Statements.
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Staff paid at "senior
rate" for 60 days or more in a year must file; a Member who does
not have an employee paid at that rate must designate a "principal
assistant" who files.
FURTHER GUIDANCE CAN BE
FOUND IN THE FOLLOWING MEMORANDUM:
Salary
Levels at which the Outside Earned Income Limitation, Financial Disclosure
Requirement, and Post-Employment Restrictions Apply for 2003
issued January 2003
Post-Employment
Restrictions
APPLY ONLY TO MEMBERS,
OFFICERS AND "VERY SENIOR STAFF"
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For ONE YEAR after
leaving office:
-
A
Member 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.
- A Member, Officer or Very Senior Staff
Member:
- May not represent or advise
a foreign government or a foreign political party.
- May represent oneself, a state or
local government, or the U.S. Government as an official or employee of a
government agency or entity.
"Very Senior Staff
"
in 2003, is anyone who was, in the one year
prior to termination, paid at an annual rate of $116,025 or more
for 60 days or more in the aggregate.
Violation of these prohibitions is a felony
under 18 U.S.C. §207. Penalties include fine and/or imprisonment.
FURTHER GUIDANCE CAN BE FOUND IN
THE FOLLOWING MEMORANDUM:
Salary Levels
at which the Outside Earned Income Limitation, Financial Disclosure Requirement,
and Post-Employment Restrictions Apply for 20032
issued January 2002
Call
or Write the Committee Before Acting:
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(202) 225-7103
(Room HT-2, The Capitol, Washington, DC 20515)
All communications are confidential.
Law states that no one is placed at risk by seeking Committee
advice about future conduct.
Good faith reliance on written Committee opinions protects
you from sanctions under House rules.
THE TEXT OF THE MANUAL, BOOKLETS, MEMORANDA AND
OTHER MATERIALS IS AVAILABLE ON THE COMMITTEE WEB SITE AT www.house.gov/ethics
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