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VIII. No Bribes, Illegal Gratuities, or Thank You Gifts
A Warning. People can and do face severe criminal penalties for violating these restrictions.[16] Members accused of violating these restrictions have also been expelled from the House or resigned before a final Committee decision was reached.[17]
[16] Punishments for bribery include a fine of up to three times the amount of the bribe, imprisonment up to fifteen years, and disqualification from holding any federal office. See 18 U.S.C. § 201 (b). Punishments for seeking or receiving an illegal gratuity also include a fine and imprisonment up to two years. Id. at (c).
[17] Congressman Duke Cunningham resigned from the House after pleading guilty to engaging in tax evasion and criminal conspiracy to violate, among other things, the bribery statute through his acceptance of a wide variety of extravagant items and millions of dollars’ worth of payments, travel, and other benefits. Even after his retirement, there were continuing reports concerning possible violations of House rules and standards, including that he accepted hotel rooms, limousines, and other services in exchange for performing official acts. Information, United States vs. Randall “Duke” Cunningham, No. 05-CR-2137 (S.D. Cal. 2005); Comm. on Standards of Official Conduct, Summary of Activities, 109th Congress, H.R. Rep. No. 109-744, at 20 (2007).
Although not prosecuted under the bribery statute, Congressman Robert Ney resigned from the House after pleading guilty to conspiracy to commit honest services fraud, making false statements, and aiding and abetting his former chief of staff’s post-employment restrictions. As part of his plea agreement, he admitted that he corruptly solicited and accepted trips, meals, concert and sporting tickets, thousands of dollars in gambling chips, and tens of thousands of dollars of campaign contributions and in-kind contributions with the intent to be influenced and induced to take official actions. Plea Agreement Attachment A, United States v. Robert W. Ney, No. 06-CR-272 (D.D.C. 2006); Comm. on Standards of Official Conduct, Summary of Activities, 109th Congress, H.R. Rep. No. 109-744, at 16-17 (2007).
Congressman James Traficant was expelled from the House after he was convicted of conspiracy to violate the bribery statue by agreeing to and performing official acts for various individuals in exchange for free labor, materials, supplies, and equipment for use at his farm. United States v. James A. Traficant, Jr., 368 F.3d 646 (6th 2004), aff’g No. 4:01-CR-207 (N.D. Ohio 2002). During its investigation, the Committee stated that some of those official acts included intervening in matters pending before federal and state authorities. The Committee found that Congressman Traficant’s actions were “of the most serious character meriting the strongest possible Congressional response” and recommended that the House adopt a resolution to expel Congressman Traficant, which the House did. Comm. on Standards of Official Conduct, In the Matter of Representative James A. Traficant, Jr., H.R. Rep. No. 107-594, at 2 (2002); H.R. Res. 495, 107th Cong. (2002); 148 Cong. Rec. H5375-5393 (daily ed. July 24, 2002).
In the 1980s, the Committee conducted many investigations into alleged bribes and illegal gratuities. The Committee recommended expulsion for Congressman Mario Biaggi for accepting free vacation trips from the creditor of a government contractor on whose behalf Congressman Biaggi intervened with local authorities. Congressman Biaggi resigned before the House could act. Comm. on Standards of Official Conduct, In the Matter of Representative Mario Biaggi, H.R. Rep. No. 100-506 (1988). The Committee also investigated three Members on charges of accepting money in exchange for promising to aid purportedly wealthy foreigners seeking to immigrate to the United States, part of the Department of Justice’s “ABSCAM” probe. See Comm. on Standards of Official Conduct, In the Matter of Representative Michael J. Myers, H.R. Rep. No. 96-1387 (1980); Comm. on Standards of Official Conduct, In the Matter of Representative John W. Jenrette, Jr., H.R. Rep. No. 96-1537 (1980); Comm. on Standards of Official Conduct, In the Matter of Representative Raymond F. Lederer, H.R. Rep. No. 97-110 (1981). Congressman Myers was expelled from the House and Congressmen Jenrette and Lederer resigned. See H.R. Res. 794, 96th Cong. (1980), reprinted in 126 Cong. Rec. 28953-28978 (Oct. 2, 1980). Finally, the Committee investigated Congressman Daniel Flood for receiving payments, either directly or through an assistant, from a series of individuals over a five-year period, in exchange for agreements to attempt to influence various government agencies. Comm. on Standards of Official Conduct, In the Matter of Representative Daniel J. Flood, H.R. Rep. No. 96-856, at 5-16 (1980). Congressman Flood also resigned his position with the House.
You may not accept gifts offered in exchange for official actions.[18] The restrictions apply to official actions you are asked to take in the future and in return for official actions you already took. The restrictions apply whether you are engaging in quid pro quo, or just being offered a reward for your official actions.[19] The gift and the official action must have a specific link.[20]
You may still accept gifts that are expressions of goodwill or general appreciation that are not tied to a specific official action.[21] You may also accept token gifts in the form of perishable items like home baked goods or flowers, or decorative items for display in the office or donated to charity.[22]
[18] See 5 U.S.C. § 7353(b)(2)(B); 18 U.S.C. § 201. The Committee is aware of recent court decisions that further define the types of official actions covered under 18 U.S.C. § 201. See e.g., McDonnell v. United States, 576 U.S. __, 136 S. Ct. 2355 (2016); United States v. Jefferson, 289 F. Supp. 3d 717 (E.D.V.A. 2017) (vacating a portion of Congressman Jefferson’s convictions following McDonnell v. United States). The Department of Justice enforces this statute; however, the Committee has the authority to investigate actions that violate the House Code of Conduct, House Rule 23, clauses 1 and 2, even if those actions are not prosecuted by the Department of Justice.
[19] Bribery occurs when a federal official “directly, or indirectly, corruptly” receives or asks for “anything of value personally or for any other person or entity, in return for . . . being influenced in the performance of any official act.” Id. at (b)(2)(A). An illegal gratuity results when an official directly or indirectly seeks or receives personally anything of value other than “as provided by law . . . for or because of any official act performed or to be performed.” Id. at (c)(1)(B). Bribery requires a quid pro quo, or “a specific intent to give or receive something of value in exchange for an official act[,]” and illegal gratuity “may constitute merely a reward for some future act that the public official will take (and may have already determined to take), or for a past act that he has already taken.” United States v. Sun-Diamond Growers, 526 U.S. 398, 404-405 (1999).
[20] Sun-Diamond Growers, 526 U.S. at 405-408.
Additionally, you may not receive any compensation for assisting people and organizations outside the House with matters before the federal government, or in any particular matter where the federal government is a party or has a direct and substantial interest.[23] You also may not solicit or accept anything of value, including campaign contributions, for helping someone get a federal position.[24] See Outside Employment and Income for more information about these prohibitions.
[21] A true “gift” is a “voluntary transfer” of property, made “without compensation.” Gift, Black’s Law Dictionary (11th ed. 2019).
[22] This view is similar to that in the regulations of the Executive Branch’s Office of Government Ethics. See 5 C.F.R. § 2536.206(a)(2) (Example 1).
[23] House Members and employees may not accept compensation for representing anyone before a federal department, agency, officer, or court in any particular matter in which the United States is a party or has a direct and substantial interest. 18 U.S.C. § 203. Officers and employees have similar restrictions even if they are not receiving compensation. See 18 U.S.C. § 205. These statutes are administered by the Department of Justice, and any advice the Committee provides about these statutes is advisory only.
[24] 18 U.S.C. § 211.
Example (Impermissible). A lobbyist offers a Member a substantial campaign contribution if the Member introduces certain legislation. The lobbyist violated the bribery statute for the offer, and the Member would violate the bribery statute if the Member accepted.
Example (Impermissible). A Member introduces legislation and manages the bill through passage solely because she believes it will benefit the country. A lawyer also favors the legislation because it will benefit his clients. The lawyer sends the Member a book valued at less than $50 with a note that expresses appreciation for the Member’s work on the bill. The Member may not accept the book from the lawyer and must return it to the lawyer.
Example (Additional Action Required). A constituent sends the official office an email asking for assistance with a casework matter. In the email, the constituent also offers to make a campaign contribution to the Member’s re-election campaign. The Member may not accept the campaign contribution. Additionally, the Committee recommends the Member or staff contact the constituent to let the constituent know the Member may not accept a campaign contribution associated with casework or any official actions. The Member may perform the casework after contacting the constituent.
Example (Additional Action Required). During the holidays a trade association send a Member a fruit basket with a note that says, “Seasons’ Greetings to you and your staff.” The gift is not connected to any official action and may be accepted if it meets one of the Gift Rule exceptions.
Example (Impermissible). A constituent who served on the Member’s service academy nominations panel was so moved by the experience that the constituent offered to give the Member two wine glasses valued at $40 total to the Member as a thank you. The Member may not accept the wine glasses.
Example (Impermissible). An intern in the DC office gave a Capitol tour to visiting constituents. At the end of the tour, the constituents gave the intern a $25 gift card to a local coffee shop as a thank you. The intern must return the gift card to the constituents. The Committee recommends staff who oversees the interns ensure interns are aware of these rules.
Example (Permissible). A caseworker in the district receives a flower arrangement from a local flower shop, sent by a constituent the caseworker helped. The flower arrangement has a card that thanks the caseworker for the casework’s successful outcome. The caseworker may accept the flower arrangement.
Example (Permissible). Following the successful outcome of a casework matter, the constituent gives the caseworker a cake the constituent baked themselves. The caseworker may accept the home baked cake.
Example (Permissible). Same example as above, but instead the constituent embroidered the caseworker’s name on a small piece of fabric for display in the official office. The caseworker may accept the embroidered fabric as a token decorative item.
Example (Impermissible). A constituent writes to you asking for an internship in the office and includes a necktie with the internship application. The constituent owns a small business making and selling similar neckties. The necktie is not intended for display in the official office, but rather for you to wear. You may not accept the necktie in connection with the internship request.
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