IV. Who is Subject to the Gift Rule?

The House Gift Rule applies to all Members, Delegates, the Resident Commissioner of Puerto Rico, officers, and employees of the House.[9] “Officers and employees” include any individual whose pay is disbursed by the Chief Administrative Officer and those individuals providing services to the House under consultant contracts.[10] The Gift Rule applies equally to full time and part time employees, employees in district offices and in the Washington, DC offices, permanent and temporary employees, and employees on Leave Without Pay status.

Interns who are not paid by the House and fellows who are not paid by the House are not House employees. Detailees, except in limited circumstances, are also not House employees.[11] “O The Committee recommends that each office using the services of a non-House employee still require the non-House employee to adhere to all the House Rules to protect the integrity of the House.

Interns and fellows who are paid by the House, including through the House Paid Internship Program, the Wounded Warrior Program, and the Gold Star Family Fellowship,[12] are House employees. The House Paid Internship Program is available at https://cha.house.gov/member-services/house-paid-internship-program. The Wounded Warrior Program is available at https://cao.house.gov/wounded-warrior. The Gold Star Family Fellowship is available at https://cao.house.gov/gold-star.

Members-elect are subject to the Gift Rule when their pay and allowances begin. For Members elected in a regular election, pay and allowances begin at the start of the new Congress. For Members elected in a special election, pay and allowances begin the day after the special election.

Generally the Gift Rule does not apply to spouses and family members of Members, officers, and employees. However, the gifts they, or anyone else, receive may be subject to the Gift Rule if

• the Member, officer, or employee knew about and agreed to the gift; and
• the Member, officer, or employee has reason to believe the gift was given because of the Member, officer, or employee’s official position.[13]

Example. Your child is getting married. A lobbyist you’ve met with many times, but who does not know your child personally, offers to help pay for the catering costs at the wedding. This gift was offered because of your official position and is subject to the Gift Rule.

Example. Your spouse is an award-winning author. Your spouse’s latest work is nominated for a prestigious award, and your spouse is invited to attend the awards dinner at no cost. This gift was offered to your spouse because of your spouse’s achievements and is not subject to the Gift Rule.

Example. A friend offered you two tickets to a baseball game. You cannot attend the game. You ask your friend to offer the tickets to your child’s t-ball coach instead. Because you knew about the gift and suggested to whom to offer the gift, the baseball tickets are subject to the Gift Rule.

The Gift Rule applies to Members, officers, and employees at all times, even during lapses in appropriations or if you are on Leave Without Pay status, family leave, annual leave, sick leave, or administrative leave.[14]