[106th Congress House Rules Manual -- House Document No. 106-320]
[From the U.S. Government Printing Office Online Database]
[DOCID:hrulest-82]
[Page 871-893]
Rule XXV
limitations on outside earned income and acceptance of gifts
Outside earned income; honoraria
1. (a) <> Except as provided by
paragraph (b), a Member, Delegate, Resident Commissioner, officer, or
employee of the House may not--
[[Page 872]]
(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
(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
nonperformance of the official duties of the individual.
(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, offi
[[Page 873]]
cer, or employee during that calendar year and the denominator of which
is 365.
(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;
(b) permit his name 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;
(d) serve for compensation as an officer or member of the board of
an association, corporation, or other entity; or
[[Page 874]]
(e) receive compensation for teaching, without the prior
notification and approval of the Committee on Standards of Official
Conduct.
Copyright royalties
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 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.
(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 Standards of Official Conduct 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
[[Page 875]]
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.
(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
[[Page 876]]
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 his residence or principal
place of employment.
(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 he 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
him 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 he or his family 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
[[Page 877]]
the personal services actually rendered by him 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
(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.
The rule on outside earned income (former 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 his 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 pay
[[Page 878]]
ments 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 (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. ----). This rule was redesignated as rule XXV in the
107th Congress (sec. 2(s), H. Res. 5, Jan. 3, 2001, p. ----). 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, 2001, p. ----).
For an in-depth discussion of this rule prepared by the Committee on
Standards of Official Conduct, see the House Ethics Manual (102d 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).
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) and most recently
amended in the Ethics Reform Act of 1989 (P.L. 101-194) and a related
technical corrections Act (P.L. 101-280).
Gifts
5. (a)(1)(A) <> A Member, Delegate, Resident
Commissioner, officer, or employee of the House may not knowingly accept
a gift except as provided in this clause.
(B) A Member, Delegate, Resident Commissioner, officer, or employee of
the House may accept a gift (other than cash or cash equivalent) that
the 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 to
[[Page 879]]
ward the $100 annual limit. 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.
(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.
(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
individual 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 his official position.
(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,
[[Page 880]]
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.
(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 by a
political organization described in section 527(e) of the Internal
Revenue Code of 1986.
(C) A gift from a relative as described in section 109(16) of
title I of the Ethics in Government Act of 1978 (2 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 his official position
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:
[[Page 881]]
(I) The history of his relationship with the individual giving
the gift, including any previous exchange of gifts between them.
(II) Whether to his actual knowledge the individual who gave
the gift personally paid for the gift or sought a tax deduction or
business reimbursement for the gift.
(III) Whether to his actual knowledge the individual who gave
the gift also gave the same or similar gifts to other Members,
Delegates, the Resident Commissioners, officers, or employees of the
House.
(E) Except as provided in paragraph (c)(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 Standards
of Official Conduct.
(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 his duties as an officeholder), or of his spouse, if such
benefits have not been offered or enhanced because of his official
position and are cus
[[Page 882]]
tomarily provided to others in similar circumstances;
(ii) customarily provided by a prospective employer in
connection with bona fide employment discussions; or
(iii) provided by a political organization described in
section 527(e) of the Internal Revenue Code of 1986 in connection with a
fundraising or campaign event sponsored by such organization.
(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 inte
[[Page 883]]
gral part of the training) if such training is in the interest of the
House.
(M) Bequests, inheritances, and other transfers at death.
(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 a widely attended 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 884]]
(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 Standards of Official Conduct.
(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.
(4)(A) A Member, Delegate, Resident Commissioner, officer, or employee
of the House may ac
[[Page 885]]
cept 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
his official position; 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.
(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
trans
[[Page 886]]
portation, 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 Standards of Official Conduct 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.
(b)(1)(A) A reimbursement (including payment in kind) to a Member,
Delegate, Resident Commissioner, officer, or employee of the House from
a private source other than a registered lobbyist or agent of a foreign
principal for necessary transportation, lodging, and related expenses
for travel to a meeting, speaking engagement, factfinding trip, or
similar event in connection with his duties as an officeholder shall be
considered as a reimbursement to the House and not a gift prohibited by
this clause, if the Member, Dele
[[Page 887]]
gate, Resident Commissioner, officer, or employee--
(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 30 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.
(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 888]]
(3) Each disclosure made under subparagraph (1)(A) of expenses
reimbursed or to be reimbursed 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, Delegate,
Resident Commissioner, or officer under whose direct supervision the
employee works (in the case of travel by an employee) and shall
include--
(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); and
(F) in the case of a reimbursement to a Member, Delegate, Resident
Commissioner, or officer, a determination that the travel was in
connection with his duties 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 889]]
(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 United States unless approved in
advance by the Committee on Standards of Official Conduct;
(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 either the
spouse or a child of the Member, Delegate, Resident Commissioner,
officer, or employee.
(5) The Clerk shall make available to the public all advance
authorizations and disclosures of reimbursement filed under subparagraph
(1) as soon as possible after they are received.
(c) 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
[[Page 890]]
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 (d).
(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, Resident Commissioner, officer, or
employee of the House.
(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.
(d)(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 are not consid
[[Page 891]]
ered 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
(C) the name and address of the charitable organization designated
or recommended by the Member, Delegate, or Resident Commissioner.
The Clerk shall make public information received under this subparagraph
as soon as possible after it is received.
(e) 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.
(f) All the provisions of this clause shall be interpreted and
enforced solely by the Committee
[[Page 892]]
on Standards of Official Conduct. The Committee on Standards of Official
Conduct is authorized to issue guidance on any matter contained in this
clause.
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. ----). In the 105th Congress it
was redesignated as rule LI (H. Res. 5, Jan. 7, 1997, p. ----), and when
the House recodified its rules in the 106th Congress, this provision was
consolidated with former rule XLI and XLVIII under former rule XXVI
(redesignated as rule XXV in the 107th Congress) (H. Res. 5, Jan. 6,
1999, p. ----). Clause 5(e) (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. ----). The Committee
on Standards of Official Conduct has compiled a complete statement of
the rules on gifts and travel, which supersedes Chapter 2 of the 1992
House Ethics Manual (Gifts and Travel, 106th Cong., 2d Sess.). The
history of earlier rules bearing the designation LI or LII follow.
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.
----).
[[Page 893]]
Claims against the Government
6. <> A person may not be an officer or employee of the House, or
continue in its employment, if he acts as an agent for the prosecution
of a claim against the Government or if he is 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). 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. ----).
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. 219),
claims against the Government (18 U.S.C. 203-205, 207(e), 216), and
public officials acting as agents of foreign principals (18 U.S.C. 219).