Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more
Download
Standard view
Full view
of .
Look up keyword
Like this
3Activity
0 of .
Results for:
No results containing your search query
P. 1
House Rule 25 Gifts

House Rule 25 Gifts

Ratings: (0)|Views: 33|Likes:
Published by TheCapitol.Net
From the Rules of the House of Representatives: The Outside Earned Income Limitation Applicable to Members and Senior Staff (Rule 25, Limitations on Outside Earned Income and the Acceptance of Gifts)
From the Rules of the House of Representatives: The Outside Earned Income Limitation Applicable to Members and Senior Staff (Rule 25, Limitations on Outside Earned Income and the Acceptance of Gifts)

More info:

Published by: TheCapitol.Net on Jan 03, 2012
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

07/21/2013

pdf

text

original

 
RULES OF THE40
missioner shall submit a sample or de-scription of the mail matter involvedto the House Commission on Congres-sional Mailing Standards for an advi-sory opinion as to whether the pro-posed mailing is in compliance with ap-plicable provisions of law, rule, or reg-ulation.6. A mass mailing that is otherwisefrankable by a Member, Delegate, orResident Commissioner under the pro-visions of section 3210(e) of title 39,United States Code, is not frankableunless the cost of preparing and print-ing it is defrayed exclusively fromfunds made available in an appropria-tion Act.7. A Member, Delegate, or ResidentCommissioner may not send a massmailing outside the congressional dis-trict from which he was elected.8. In the case of a Member, Delegate,or Resident Commissioner, a massmailing is not frankable under section3210 of title 39, United States Code,when it is postmarked less than 90 daysbefore the date of a primary or generalelection (whether regular, special, orrunoff) in which he is a candidate forpublic office. If the mail matter is of atype that is not customarily post-marked, the date on which it wouldhave been postmarked, if it were of atype customarily postmarked, applies.9. In this rule the term ‘‘mass mail-ing’’ means, with respect to a sessionof Congress, a mailing of newsletters orother pieces of mail with substantiallyidentical content (whether such piecesof mail are deposited singly or in bulk,or at the same time or different times),totaling more than 500 pieces of mail inthat session, except that such termdoes not include a mailing—(a) of matter in direct response to acommunication from a person towhom the matter is mailed;(b) from a Member, Delegate, orResident Commissioner to otherMembers, Delegates, the ResidentCommissioner, or Senators, or toFederal, State, or local governmentofficials; or(c) of a news release to the commu-nications media.
Prohibition on use of funds by Members not elected to succeeding Congress
10. Funds from the applicable ac-counts described in clause 1(j)(1) of ruleX, including funds from committee ex-pense resolutions, and funds in anylocal currencies owned by the UnitedStates may not be made available fortravel by a Member, Delegate, ResidentCommissioner, or Senator after thedate of a general election in which hewas not elected to the succeeding Con-gress or, in the case of a Member, Dele-gate, or Resident Commissioner who isnot a candidate in a general election,after the earlier of the date of suchgeneral election or the adjournmentsine die of the last regular session of the Congress.RULE XXVL
IMITATIONS ON
O
UTSIDE
E
ARNED
 I
NCOME AND
A
CCEPTANCE OF
G
IFTS
 
Outside earned income; honoraria
1. (a) Except as provided by para-graph (b), a Member, Delegate, Resi-dent Commissioner, officer, or em-ployee of the House may not—(1) have outside earned income at-tributable to a calendar year that ex-ceeds 15 percent of the annual rate of basic pay for level II of the ExecutiveSchedule under section 5313 of title 5,United States Code, as of January 1of that calendar year; or(2) receive any honorarium, exceptthat an officer or employee of theHouse who is paid at a rate less than120 percent of the minimum rate of basic pay for GS–15 of the GeneralSchedule may receive an honorariumunless the subject matter is directlyrelated to the official duties of theindividual, the payment is made be-cause of the status of the individualwith the House, or the person offer-ing the honorarium has intereststhat may be substantially affected bythe performance or nonperformanceof the official duties of the indi-vidual.(b) In the case of an individual whobecomes a Member, Delegate, ResidentCommissioner, officer, or employee of the House, such individual may nothave outside earned income attrib-utable to the portion of a calendar yearthat occurs after such individual be-comes a Member, Delegate, ResidentCommissioner, officer, or employeethat exceeds 15 percent of the annualrate of basic pay for level II of the Ex-ecutive Schedule under section 5313 of title 5, United States Code, as of Janu-ary 1 of that calendar year multipliedby a fraction, the numerator of whichis the number of days the individual isa Member, Delegate, Resident Commis-sioner, officer, or employee during thatcalendar year and the denominator of which is 365.(c) A payment in lieu of an hono-rarium that is made to a charitable or-ganization on behalf of a Member, Del-egate, Resident Commissioner, officer,or employee of the House may not bereceived by that Member, Delegate,Resident Commissioner, officer, or em-ployee. Such a payment may not ex-ceed $2,000 or be made to a charitableorganization from which the Member,Delegate, Resident Commissioner, offi-cer, or employee or a parent, sibling,spouse, child, or dependent relative of the Member, Delegate, Resident Com-missioner, officer, or employee, derivesa financial benefit.2. A Member, Delegate, ResidentCommissioner, officer, or employee of the House may not—(a) receive compensation foraffiliating with or being employed bya firm, partnership, association, cor-poration, or other entity that pro-vides professional services involvinga fiduciary relationship except forthe practice of medicine;(b) permit his name to be used bysuch a firm, partnership, association,corporation, or other entity;(c) receive compensation for prac-ticing a profession that involves a fi-duciary relationship except for thepractice of medicine;(d) serve for compensation as an of-ficer or member of the board of an as-sociation, corporation, or other enti-ty; or(e) receive compensation for teach-ing, without the prior notificationand approval of the Committee onStandards of Official Conduct.
Copyright royalties
3. (a) A Member, Delegate, ResidentCommissioner, officer, or employee of the House may not receive an advancepayment on copyright royalties. Thisparagraph does not prohibit a literaryagent, researcher, or other individual(other than an individual employed bythe House or a relative of a Member,Delegate, Resident Commissioner, offi-cer, or employee) working on behalf of a Member, Delegate, Resident Commis-sioner, officer, or employee with re-spect to a publication from receivingan advance payment of a copyrightroyalty directly from a publisher andsolely for the benefit of that literaryagent, researcher, or other individual.(b) A Member, Delegate, ResidentCommissioner, officer, or employee of the House may not receive copyrightroyalties under a contract entered intoon or after January 1, 1996, unless thatcontract is first approved by the Com-mittee on Standards of Official Con-duct as complying with the require-ment of clause 4(d)(1)(E) (that royaltiesare received from an established pub-lisher under usual and customary con-tractual terms).
Definitions
4. (a)(1) In this rule, except as pro-vided in subparagraph (2), the term ‘‘of-ficer or employee of the House’’ meansan individual (other than a Member,Delegate, or Resident Commissioner)whose pay is disbursed by the Chief Ad-ministrative Officer, who is paid at arate equal to or greater than 120 per-cent of the minimum rate of basic payfor GS–15 of the General Schedule, andwho is so employed for more than 90days in a calendar year.(2)(A) When used with respect to anhonorarium, the term ‘‘officer or em-ployee of the House’’ means an indi-vidual (other than a Member, Delegate,or Resident Commissioner) whose sal-ary is disbursed by the Chief Adminis-trative Officer.(B) When used in clause 5 of this rule,the terms ‘‘officer’’ and ‘‘employee’’have the same meanings as in ruleXXIII.(b) In this rule the term ‘‘hono-rarium’’ means a payment of money ora thing of value for an appearance,speech, or article (including a series of appearances, speeches, or articles) by aMember, Delegate, Resident Commis-sioner, officer, or employee of theHouse, excluding any actual and nec-
 
HOUSE OF REPRESENTATIVES41
essary travel expenses incurred by thatMember, Delegate, Resident Commis-sioner, officer, or employee (and onerelative) to the extent that such ex-penses are paid or reimbursed by anyother person. The amount otherwisedetermined shall be reduced by theamount of any such expenses to the ex-tent that such expenses are not so paidor reimbursed.(c) In this rule the term ‘‘travel ex-penses’’ means, with respect to a Mem-ber, Delegate, Resident Commissioner,officer, or employee of the House, or arelative of such Member, Delegate,Resident Commissioner, officer, or em-ployee, the cost of transportation, andthe cost of lodging and meals whileaway from his residence or principalplace of employment.(d)(1) In this rule the term ‘‘outsideearned income’’ means, with respect toa Member, Delegate, Resident Commis-sioner, officer, or employee of theHouse, wages, salaries, fees, and otheramounts received or to be received ascompensation for personal services ac-tually rendered, but does not include —(A) the salary of a Member, Dele-gate, Resident Commissioner, officer,or employee;(B) any compensation derived by aMember, Delegate, Resident Commis-sioner, officer, or employee of theHouse for personal services actuallyrendered before the adoption of thisrule or before he became a Member,Delegate, Resident Commissioner, of-ficer, or employee;(C) any amount paid by, or on be-half of, a Member, Delegate, ResidentCommissioner, officer, or employeeof the House to a tax-qualified pen-sion, profit-sharing, or stock bonusplan and received by him from such aplan;(D) in the case of a Member, Dele-gate, Resident Commissioner, officer,or employee of the House engaged ina trade or business in which he or hisfamily holds a controlling interestand in which both personal servicesand capital are income-producingfactors, any amount received by theMember, Delegate, Resident Commis-sioner, officer, or employee, so longas the personal services actually ren-dered by him in the trade or businessdo not generate a significant amountof income; or(E) copyright royalties receivedfrom established publishers underusual and customary contractualterms; and(2) outside earned income shall be de-termined without regard to communityproperty law.(e) In this rule the term ‘‘charitableorganization’’ means an organizationdescribed in section 170(c) of the Inter-nal Revenue Code of 1986.
Gifts
5. (a)(1)(A)(i) A Member, Delegate,Resident Commissioner, officer, or em-ployee of the House may not knowinglyaccept a gift except as provided in thisclause.(ii) A Member, Delegate, ResidentCommissioner, officer, or employee of the House may not knowingly accept agift from a registered lobbyist or agentof a foreign principal or from a privateentity that retains or employs reg-istered lobbyists or agents of a foreignprincipal except as provided in sub-paragraph (3) of this paragraph.(B)(i) A Member, Delegate, ResidentCommissioner, officer, or employee of the House may accept a gift (otherthan cash or cash equivalent) not pro-hibited by subdivision (A)(ii) that theMember, Delegate, Resident Commis-sioner, officer, or employee reasonablyand in good faith believes to have avalue of less than $50 and a cumulativevalue from one source during a cal-endar year of less than $100. A gift hav-ing a value of less than $10 does notcount toward the $100 annual limit.The value of perishable food sent to anoffice shall be allocated among the in-dividual recipients and not to theMember, Delegate, or Resident Com-missioner. Formal recordkeeping is notrequired by this subdivision, but aMember, Delegate, Resident Commis-sioner, officer, or employee of theHouse shall make a good faith effort tocomply with this subdivision.(ii) A gift of a ticket to a sporting orentertainment event shall be valued atthe face value of the ticket or, in thecase of a ticket without a face value, atthe highest cost of a ticket with a facevalue for the event. The price printedon a ticket to an event shall be deemedits face value only if it also is the priceat which the issuer offers that ticketfor sale to the public.(2)(A) In this clause the term ‘‘gift’’means a gratuity, favor, discount, en-tertainment, hospitality, loan, forbear-ance, or other item having monetaryvalue. The term includes gifts of serv-ices, training, transportation, lodging,and meals, whether provided in kind,by purchase of a ticket, payment in ad-vance, or reimbursement after the ex-pense has been incurred.(B)(i) A gift to a family member of aMember, Delegate, Resident Commis-sioner, officer, or employee of theHouse, or a gift to any other individualbased on that individual’s relationshipwith the Member, Delegate, ResidentCommissioner, officer, or employee,shall be considered a gift to the Mem-ber, Delegate, Resident Commissioner,officer, or employee if it is given withthe knowledge and acquiescence of theMember, Delegate, Resident Commis-sioner, officer, or employee and theMember, Delegate, Resident Commis-sioner, officer, or employee has reasonto believe the gift was given because of his official position.(ii) If food or refreshment is providedat the same time and place to both aMember, Delegate, Resident Commis-sioner, officer, or employee of theHouse and the spouse or dependentthereof, only the food or refreshmentprovided to the Member, Delegate,Resident Commissioner, officer, or em-ployee shall be treated as a gift for pur-poses of this clause.(3) The restrictions in subparagraph(1) do not apply to the following:(A) Anything for which the Mem-ber, Delegate, Resident Commis-sioner, officer, or employee of theHouse pays the market value, or doesnot use and promptly returns to thedonor.(B) A contribution, as defined insection 301(8) of the Federal ElectionCampaign Act of 1971 (2 U.S.C. 431)that is lawfully made under that Act,a lawful contribution for election toa State or local government office, orattendance at a fundraising eventsponsored by a political organizationdescribed in section 527(e) of the In-ternal Revenue Code of 1986.(C) A gift from a relative as de-scribed 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 in-dividual on the basis of a personalfriendship unless the Member, Dele-gate, Resident Commissioner, officer,or employee of the House has reasonto believe that, under the cir-cumstances, the gift was provided be-cause of his official position and notbecause of the personal friendship.(ii) In determining whether a gift isprovided on the basis of personalfriendship, the Member, Delegate,Resident Commissioner, officer, oremployee of the House shall considerthe circumstances under which thegift was offered, such as:(I) The history of his relationshipwith the individual giving the gift,including any previous exchange of gifts between them.(II) Whether to his actual knowl-edge the individual who gave thegift personally paid for the gift orsought a tax deduction or businessreimbursement for the gift.(III) Whether to his actual knowl-edge the individual who gave thegift also gave the same or similargifts to other Members, Delegates,the Resident Commissioners, offi-cers, or employees of the House.(E) Except as provided in paragraph(e)(3), a contribution or other pay-ment to a legal expense fund estab-lished for the benefit of a Member,Delegate, Resident Commissioner, of-ficer, or employee of the House thatis otherwise lawfully made in accord-ance with the restrictions and disclo-sure requirements of the Committeeon Standards of Official Conduct.(F) A gift from another Member,Delegate, Resident Commissioner, of-ficer, or employee of the House orSenate.(G) Food, refreshments, lodging,transportation, and other benefits—(i) resulting from the outsidebusiness or employment activitiesof the Member, Delegate, ResidentCommissioner, officer, or employeeof the House (or other outside ac-tivities that are not connected tohis duties as an officeholder), or of 
 
RULES OF THE42
his spouse, if such benefits have notbeen offered or enhanced because of his official position and are cus-tomarily provided to others insimilar circumstances;(ii) customarily provided by aprospective employer in connectionwith bona fide employment discus-sions; or(iii) provided by a political orga-nization described in section 527(e)of the Internal Revenue Code of 1986 in connection with a fund-raising or campaign event spon-sored by such organization.(H) Pension and other benefits re-sulting from continued participationin an employee welfare and benefitsplan maintained by a former em-ployer.(I) Informational materials thatare sent to the office of the Member,Delegate, Resident Commissioner, of-ficer, or employee of the House in theform of books, articles, periodicals,other written materials, audiotapes,videotapes, or other forms of commu-nication.(J) Awards or prizes that are givento competitors in contests or eventsopen to the public, including randomdrawings.(K) Honorary degrees (and associ-ated travel, food, refreshments, andentertainment) and other bona fide,nonmonetary awards presented inrecognition of public service (and as-sociated food, refreshments, and en-tertainment provided in the presen-tation of such degrees and awards).(L) Training (including food and re-freshments furnished to all attendeesas an integral part of the training) if such training is in the interest of theHouse.(M) Bequests, inheritances, andother transfers at death.(N) An item, the receipt of which isauthorized by the Foreign Gifts andDecorations Act, the Mutual Edu-cational and Cultural Exchange Act,or any other statute.(O) Anything that is paid for by theFederal Government, by a State orlocal government, or secured by theGovernment under a Governmentcontract.(P) A gift of personal hospitality(as defined in section 109(14) of theEthics in Government Act) of an in-dividual other than a registered lob-byist or agent of a foreign principal.(Q) Free attendance at an eventpermitted under subparagraph (4).(R) Opportunities and benefits thatare—(i) available to the public or to aclass consisting of all Federal em-ployees, whether or not restrictedon the basis of geographic consider-ation;(ii) offered to members of a groupor class in which membership is un-related to congressional employ-ment;(iii) offered to members of an or-ganization, such as an employees’association or congressional creditunion, in which membership is re-lated to congressional employmentand similar opportunities are avail-able to large segments of the publicthrough organizations of similarsize;(iv) offered to a group or classthat is not defined in a mannerthat specifically discriminatesamong Government employees onthe basis of branch of Governmentor type of responsibility, or on abasis that favors those of higherrank or rate of pay;(v) in the form of loans frombanks and other financial institu-tions on terms generally availableto the public; or(vi) in the form of reduced mem-bership or other fees for participa-tion in organization activities of-fered to all Government employeesby professional organizations if theonly restrictions on membershiprelate to professional qualifica-tions.(S) A plaque, trophy, or other itemthat is substantially commemorativein nature and that is intended forpresentation.(T) Anything for which, in an un-usual case, a waiver is granted by theCommittee on Standards of OfficialConduct.(U) Food or refreshments of a nomi-nal value offered other than as a partof a meal.(V) Donations of products from thedistrict or State that the Member,Delegate, or Resident Commissionerrepresents that are intended pri-marily for promotional purposes,such as display or free distribution,and are of minimal value to any sin-gle recipient.(W) An item of nominal value suchas a greeting card, baseball cap, or aT-shirt.(4)(A) A Member, Delegate, ResidentCommissioner, officer, or employee of the House may accept an offer of freeattendance at a widely attended con-vention, conference, symposium,forum, panel discussion, dinner, view-ing, reception, or similar event, pro-vided by the sponsor of the event, if—(i) the Member, Delegate, ResidentCommissioner, officer, or employeeof the House participates in the eventas a speaker or a panel participant,by presenting information related toCongress or matters before Congress,or by performing a ceremonial func-tion appropriate to his official posi-tion; or(ii) attendance at the event is ap-propriate to the performance of theofficial duties or representative func-tion of the Member, Delegate, Resi-dent Commissioner, officer, or em-ployee of the House.(B) A Member, Delegate, ResidentCommissioner, officer, or employee of the House who attends an event de-scribed in subdivision (A) may accept asponsor’s unsolicited offer of free at-tendance at the event for an accom-panying individual.(C) A Member, Delegate, ResidentCommissioner, officer, or employee of the House, or the spouse or dependentthereof, may accept a sponsor’s unso-licited offer of free attendance at acharity event, except that reimburse-ment for transportation and lodgingmay not be accepted in connectionwith the event unless—(i) all of the net proceeds of theevent are for the benefit of an organi-zation described in section 501(c)(3) of the Internal Revenue Code of 1986 andexempt from taxation under section501(a) of such Code;(ii) reimbursement for the trans-portation and lodging in connectionwith the event is paid by such organi-zation; and(iii) the offer of free attendance atthe event is made by such organiza-tion.(D) In this paragraph the term ‘‘freeattendance’’ may include waiver of allor part of a conference or other fee, theprovision of local transportation, orthe provision of food, refreshments, en-tertainment, and instructional mate-rials furnished to all attendees as anintegral part of the event. The termdoes not include entertainment collat-eral to the event, nor does it includefood or refreshments taken other thanin a group setting with all or substan-tially all other attendees.(5) A Member, Delegate, ResidentCommissioner, officer, or employee of the House may not accept a gift thevalue of which exceeds $250 on the basisof the personal friendship exception insubparagraph (3)(D) unless the Com-mittee on Standards of Official Con-duct issues a written determinationthat such exception applies. A deter-mination under this subparagraph isnot required for gifts given on the basisof the family relationship exception insubparagraph (3)(C).(6) When it is not practicable to re-turn a tangible item because it is per-ishable, the item may, at the discre-tion of the recipient, be given to an ap-propriate charity or destroyed.(b)(1)(A) A reimbursement (includingpayment in kind) to a Member, Dele-gate, Resident Commissioner, officer,or employee of the House for necessarytransportation, lodging, and related ex-penses for travel to a meeting, speak-ing engagement, factfinding trip, orsimilar event in connection with hisduties as an officeholder shall be con-sidered as a reimbursement to theHouse and not a gift prohibited by thisclause when it is from a private sourceother than a registered lobbyist oragent of a foreign principal or a privateentity that retains or employs reg-istered lobbyists or agents of a foreignprincipal (except as provided in sub-division (C)), if the Member, Delegate,Resident Commissioner, officer, or em-ployee—(i) in the case of an employee, re-ceives advance authorization, fromthe Member, Delegate, Resident

Activity (3)

You've already reviewed this. Edit your review.
1 thousand reads
1 hundred reads
Jack Bush liked this

You're Reading a Free Preview

Download
scribd
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->