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XII. Expressly Prohibited Gifts
Charitable Contributions from Lobbyists and Foreign Agents if You Solicited
You may not ask a registered federal lobbyist[141] or foreign agent[142] to donate to any charitable endeavor unless you asked for a donation to charity in lieu of honorarium. Any contribution that a registered federal lobbyist or foreign agent makes at your request, other than in lieu of honorarium, is considered a gift to you, and one that you may not accept.[143] See Member, Officer, and Employee Participation in Fundraising Activities for more information about charitable fundraising.
[141] “Registered federal lobbyist” means a lobbyist who is registered under the Lobbying Disclosure Act (LDA). House Rule 25, cl. 5(g). The LDA is the successor statute to the Federal Regulation of Lobbying Act cited in House Rule 25, clause 5(g). Because the LDA defines “lobbyist” to mean “any individual” who engages in certain activities set forth in the LDA, the Committee interprets the prohibitions for registered federal lobbyists to include both the individuals who are registered and lobbying firms. More information about the LDA and its searchable database can be found here.
[142] “Foreign agent” means an agent of a foreign principal who is registered with the Department of Justice under the Foreign Agent Registration Act (FARA). More information about the FARA and the database can be found here.
[143] House Rule 25, cl. 5(e)(2).
Lobbyist and Foreign Agent Contributions to Legal Expense Funds
If you have a legal expense fund, you may not accept any contributions from registered federal lobbyists or foreign agents.[144] See Legal Expense Funds for more information about contributions you may accept.
[144] House Rule 25, cl. 5(e)(3).
Lobbyist and Foreign Agent Contributions to Entities You Control or Maintain
If you control or maintain any entity, that entity may not accept anything, including monetary and in-kind contributions, provided by registered federal lobbyists or foreign agents.[145] You control or maintain the entity if you are an officer or director, or any similar position depending on the business structure of the organization.
[145] House Rule 25, cl. 5(e)(1).
Example (Impermissible). You founded a nonprofit organization that provides after-school STEM education before joining the House. You continue to serve as an officer of the nonprofit. A registered federal lobbyist would like to give the nonprofit computers. Because you maintain or control the nonprofit, the nonprofit may not accept the computers.
Contributions from Lobbyists for Official Events
You may not accept financial or in-kind assistance from a registered federal lobbyist or foreign agent for an official conference, retreat, or similar event.[146] See Conferences and Town Hall Meetings for additional restrictions on accepting outside assistance for official activities.
[146] The Gift Rule expressly prohibits “[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, . . . officers, or employees of the House.” House Rule 25, cl. 5(e)(4); Comm. on Rules, Amending the Rules of the House of Representatives to Provide for Gift Reform, H.R. Rep. No. 104-337, at 14 (1995) (explaining the provision prohibits “a donation to an official conference or retreat”). Other House rules also prohibit official congressional organizations from accepting outside supplementation. House Rule 24, cls. 1-3.
Example (Impermissible). An official congressional member organization, or caucus, is hosting its annual two-day policy meeting. Many Members and staff plan to attend the meeting. A lobbyist offers to pay for dinner one night during the meeting. The caucus may not accept the contribution from the lobbyist.
Example (Impermissible). A Member wants to host a retreat for the Member’s personal office staff to discuss policy planning for the upcoming Congress. A foreign agent offers to let the Member use the foreign agent’s vacation home for free for the staff retreat. The Member may not accept the use of the vacation home.
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