J. Free Attendance at Events

The events discussed below can be held in-person or virtually. A virtual event, including a webinar or a live-stream event, must still meet the criteria discussed below. If an event is held virtually, you may not accept a gift card or meal voucher in place of food for events under these exceptions. If you are offered free attendance at an event for yourself and a guest, which otherwise complies with the House Gift Rule, you may accept the offer for any kind of guest.[76]

You may not accept food and beverages under this exception in a one-on-one setting with a registered federal lobbyist or foreign agent, or an entity that employs or retains a registered federal lobbyist or a foreign agent.

Who extends the invitation to you for these events and whether the event has tables and chairs or silverware are not factors to determine whether this exception to the Gift Rule applies.

Generally, you may still attend a reception if background music is played during the event, even if the music is live. However, background music played by famous musicians, or a reception that is really a concert may change the event’s nature.

Example (Permissible). You receive an invitation to an evening event with cocktails and finger foods. The event will have tables and plates for your food. You may attend the event, regardless of who invited you.

Example (Permissible). You receive an invitation to the same event, and the invitation includes the ability to bring one guest. You may attend the event and bring anyone you like as your guest.

Example (Impermissible). Your colleague forwards you an invitation to an event they will be attending. The event will feature a carving station, salad station, and a collection of breads. Because this event will offer a meal, it is not a reception.

Example (Impermissible). You are invited to lunch briefing and the organization sponsoring the briefing plans to pass out boxed lunches. Because this event will offer a meal, even though a low-cost meal, it is not a reception.

Example (Permissible). You are invited to an evening reception with appetizers and background music played by a jazz quartet. You may attend the event.

Example (Impermissible). You are invited to an evening reception with appetizers and music performed by last year’s Grammy winner for best artist. The Grammy winner will sing for two hours. Although the food and drink are nominal value, the event’s nature is a concert and is not a reception.

• The event organizer has a reasonable expectation that at least 25 people will also attend who are not Members, Senators, officers, or employees of Congress or their spouses; and[84]
  [84] Attendance can be open to individuals from throughout a given industry or profession, or to a range of people interested in the issue. See Comm. on Rules, Amending the Rules of the House of Representatives to Provide for Gift Reform, H.R. Rep. No. 104-337, at 12 (1995).

  Close

  • Those 25 attendees must come from a variety of backgrounds, including the Executive Branch, but may not solely be the employees of a single organization.
• Your attendance is related to your official or representational duties.
  • You could be speaking in your official capacity, learning about a topic that will assist your work with the House, or meeting with constituents.
  • Whether your participation is related to your official or representational duties is a decision for you and your superiors, if any, to make.
  • Purely entertainment, personal pleasure, professional development, or charitable activities are not related to your official or representational duties.[85]
    [85] Comm. on Rules, Amending the Rules of the House of Representatives to Provide for Gift Reform, H.R. Rep. No. 104-337, at 12 (1995).

    Close

    • Merely watching a feature film, a sporting event, or show is generally purely entertainment.

Organizations that provide only financial assistance to the event organizer but are not assisting with the logistics for the event may still want to invite you. You may not accept an invitation from these organizations directly. The fiscal sponsors may instead request the event organizer invite you directly. You may only accept that invitation if

• The event organizer retains ultimate control over the guest list and seating arrangements, and
• The event organizer is the only entity listed on the invitation and the only entity extending the invitation.

You may accept an invitation to a large media-related event, such as the White House Correspondents’ Association’s annual White House Correspondents’ Dinner or the Washington Press Club Foundation’s Annual Congressional Dinner, if you are invited by a member of the media organization sponsoring the event.

Example (Permissible). You are a legislative assistant focused on environmental policy. Your colleague is also a legislative assistant but focused on banking issues. You both receive an invitation to a large environmental policy conference, and the event organizer offers you free attendance. In years past, over 500 people from across government and industry have attended this conference. After discussing the conference with your supervisor, you may accept the invitation, but your colleague likely may not.

Example (Impermissible). Same example as above, but a large corporation is underwriting the conference and sends you the invitation. The corporate sponsor has no role in planning, organizing, or executing the conference. You may not accept the invitation from the corporate sponsor.

Example (Impermissible). While at the conference, you are invited to an after-hours dinner put on by one of the advocacy organizations active on environmental policy. The after-hours dinner is not part of the free attendance offered by the conference organizer. You may be able to accept the offer if the after-hours dinner meets a different exception to the Gift Rule.

Example (Impermissible). The owner of a local sports team offers you a ticket to an upcoming game. Although many people will be in attendance, the game is not a widely-attended event because it is purely for entertainment purposes.

Example (Permissible). Your district is home to a large annual rodeo that is very important to the district’s financial health. The organization that puts on the rodeo offered you two tickets and seats in a prominent location so the event organizer can recognize you. You may reasonably determine your attendance is related to your official or representational duties and accept both tickets.

Events with Constituent Groups. You and a guest may attend events that include meals with constituent groups that do not meet the 25 non-Congressional attendance requirement of widely-attended events, if the events meet the following criteria.[86]

• The event is regularly scheduled;
• The event is related to your official or representation duties; and
• The event is open to members of the constituent group, rather than just its officers or board members.

You may accept an invitation that meets the above criteria from the following event organizers. This list is not exhaustive.

• Civic associations
• Senior citizens organizations
• Veterans’ groups
• Business, trade, or professional associations
  • For example, associations of lawyers, nurses, bankers, teachers, or farmers

Example (Permissible). You are invited to a lunch meeting of a civic association in your district. The lunch meeting is a periodic meeting open to all of the civic association’s members, but only 15 are expected to attend. If you determine your attendance is related to your official or representational duties, you may accept the invitation.

Example (Impermissible). A veterans’ group in your district would like to have an event honoring your upcoming retirement. Only 10 members of the group will be able to attend. Because the event is not regularly scheduled, you would not be able to accept the invitation under this exception. You may be able to accept it under a different exception to the Gift Rule

Example (Permissible). Your teachers’ association is hosting its annual Washington fly-in. All association members are welcome to participate in the trip, and usually about 20 members come to Washington. One of the events during the fly-in is a dinner with the congressional delegation. If you determine your attendance is related to your official or representational duties, you may accept the dinner. If offered, you may also bring one guest of your choosing.

Example (Impermissible). Same example as above, but only one association member from your district attends the fly-in and would like to take you out to lunch separate from the group. Because the lunch is not an association event, you may not accept the lunch under this exception. You may be able to accept the lunch under a separate exception to the Gift Rule.

Educational Events. You and a guest may attend events that include meals designed for small group discussion that do not meet the 25 non-Congressional attendance requirement of widely-attended events, if the events meet the following criteria.[87]

• The event is educational, such as a lecture, seminar, or discussion;
• The event is hosted by a university, foundation, think tank, or similar nonprofit, non-advocacy organization; and
• You are invited by the event organizer directly.

You may not accept a meal at educational events organized by registered federal lobbyists or foreign agents, organizations that employ or retain registered federal lobbyists or foreign agents, or advocacy groups. You also may not accept a meal at educational events that are legislative briefings or strategy sessions, even if the organization hosting the event has an educational status under the Internal Revenue Code.

Example (Permissible). You are invited to a luncheon series hosted by a nonpartisan, nonprofit think tank. The luncheon series features distinguished speakers from academia discussing foreign policy updates. The think tank invited about 15 people, some of whom are Members and staff. You may accept the invitation and the luncheon. If offered, you may also bring one guest of your choosing.

Example (Permissible in Part). A trade association establishes a nonprofit educational foundation. The foundation sponsors a monthly series at which experts from the field explain aspects of their industry and the ramifications of various legislative proposals for that industry. You and a dozen other House staff are invited to these presentations, which occur over lunch. You may attend the event, but you may not accept the meal because these events are legislative briefings. You may be able to accept the meal under a different exception to the Gift Rule.

Training in the Interest of the House. You and a guest may accept free attendance to training that is in the interest of the House.[88] You may also accept any food or refreshments offered to all attendees as part of the training.[89] Generally, trainings “in the interest of the House” are trainings like vendor trainings on how to use a product.

These trainings are generally not provided by outside organizations looking to share their views with you and influence your policy decisions. You may not accept meals in connection with presentations made by registered federal lobbyists, foreign agents, organizations that employ or retain registered federal lobbyists or foreign agents, or advocacy groups. You also may not accept meals in connection with briefings or discussions relating to issues before Congress.

Example (Permissible). The company that your office uses for managing constituent communications is hosting a training session in the Rayburn Gold Room to promote its product and provide hands-on assistance to current and potential clients. The company plans to offer boxed lunches to everyone who attends. You may attend the training and accept the boxed lunch.

Example (Impermissible). A think-tank would like to host an event where it shares the results from a recent poll and discusses how those results can inform policy decisions. The think tank plans to offer a boxed lunch to everyone who attends. You may not attend this event under this exception to the Gift Rule. But you may be able to attend under a different exception to the Gift Rule.

Charity Events. You and a guest may accept an unsolicited offer of free attendance for a charity fundraising event.[90] “Free attendance” includes all or part of the cost of admission; local transportation to and from the event; and the food, refreshments, entertainment, and instructional materials provided to all event attendees.[91] Free attendance does not include entertainment collateral to the event or food and refreshments outside the group setting of the event, such as giveaways.[92]

A charity fundraising event must meet the following criteria.

• You are invited by the event organizer directly, and
  • The event organizer is the organization(s) doing the work to put the event on, not a monetary event sponsor or table sponsor.[93]
  [93] “Event organizer” and “event sponsor,” as those terms related to events, mean “the person, entity, or entities that are primarily responsible for organizing the event. An individual who simply contributes money to an event is not considered to be a sponsor of the event.” Comm. on Rules, Amending the Rules of the House of Representatives to Provide for Gift Reform, H.R. Rep. No. 104- 337, at 12 (1995). Gold or silver level sponsors or table sponsors are not included in the definition of event organizer or event sponsor for the purposes of these exceptions to the Gift Rule. But, there may be more than one event organizer if those entities “play[] significant, active role[s] in organizing the event in a manner that is roughly comparable” to another event organizer or sponsor. S. Comm. on Gov’t Affairs, Congressional Gifts Reform Act, S. Rep. No. 103-255, at 14 (1994) (Senate committee report on revisions to the Senate gift rule).

  Close

• The event’s primary purpose must be to raise funds to benefit an organization qualified under § 170(c) of the Internal Revenue Code.[94]
• The primary purpose is usually met if at least half of the proceeds are tax-deductible charitable contributions.

Example (Permissible). A local company invites you to its casino night whose proceeds will be donated to a § 501(c)(3) charity in the district. Because you were invited by the event organizer and the primary purpose is to raise funds for a charity, you may accept the invitation.

Example (Impermissible). A local organization has both a § 501(c)
(3) arm and a § 501(c)(4) arm. The organization is hosting its annual fundraising dinner and those who purchase tickets or wish to donate more than the ticket price can choose whether their donations will benefit the § 501(c)(3) or the § 501(c)(4). Because the event’s primary purpose is not to raise funds for an organization qualified under § 170(c) of the Internal Revenue Code, this event is not a charity fundraiser.

Example (Impermissible). A local company invites you to its casino night. If any money is left over after the company pays its expenses, it plans to donate the excess to a local § 501(c)(3) charity in the district. Because the primary purpose of this event is not to raise funds for an organization qualified under § 170(c) of the Internal Revenue Code, this event is not a charity fundraiser.

Example (Impermissible). A lobbying firm wishes to hold a dinner for Members and staff, at which it will announce that the firm made a substantial donation to a local charity. This event is not a charity fundraiser because its primary purpose is not to raise funds for that charity.

Example (Impermissible). A local theater is organized as a § 501(c)
(3) charity. The chairman of the board for the local theater invites you to a regular performance. This event is not a charity fundraiser because its primary purpose is not to raise funds for the charity. A separately scheduled fundraiser for the theater may be considered a charity fundraiser.

Example (Permissible in Part). A § 501(c)(3) charity is hosting an evening fundraising reception, followed by a board meeting over dinner. You may accept an invitation for the fundraising reception, but not stay for the board meeting, because the board meeting’s primary purpose is not to raise funds for the charity. You may be able to attend the board meeting and accept the meal under a different exception to the Gift Rule.

Example (Impermissible). An advocacy organization you work with often purchased a table at a charity fundraiser organized by another organization. The advocacy organization invites you to be its guest and sit at its table. You may not accept the ticket from the advocacy organization under this exception.

Example (Permissible). An event organizer offers you two tickets to its upcoming charity fundraiser. You would like to bring your adult child as your guest. You may use the second ticket to bring your adult child.

You may be able to accept travel to attend a charity fundraiser. See Travel to Attend Charity Fundraisers.

Events Sponsored by Political Organizations. You may accept an offer of free attendance to a political fundraiser or other campaign event organized by the political organization.[95] Free attendance to a political event includes the cost of admission, food, refreshments, entertainment, and other benefits provided by the political organization, including unsolicited offers of free attendance for guests.[96] You may be able to accept transportation and lodging if the offer complies with the requirements in Travel for Political Purposes. A “political organization” for this exception to the Gift Rule is one described in § 527(e) of the Internal Revenue Code.[97]

You may accept an invitation to an event that is primarily entertainment, such as a golf outing or a sports game, if that event is a true fundraiser for the political organization.[98]

A meeting with an individual who merely gives you a campaign contribution is not a true fundraiser or campaign event under this exception unless

• The event is organized and paid for by the political organization, and
• Receipts and expenditures are appropriately reported under applicable campaign finance laws and regulations.

You may only accept an invitation to a political event if you were invited by the event organizer directly.[99]

As discussed in Campaign and Prohibition Concerning Campaign Outlays and Contributions, House staff may not purchase tickets to a political event that benefits their employing Member.

Example (Permissible). You are invited by the state party to its upcoming fundraiser. The state party offers you three tickets. You may accept the invitation and all three tickets.

Example (Impermissible). You are invited by the state party to a fundraiser for a presidential candidate. The state party purchased a table at the fundraiser and is not involved in putting the event on. You may not accept the invitation from the state party.

Example (Impermissible). You are invited to a fundraiser for a
§ 501(c)(4) organization. Because the event does not benefit a political organization, you may not accept the invitation under this exception.

Example (Impermissible). You are invited to a fundraiser for your employing Member by a campaign donor who purchased the ticket for you. You may not accept the ticket because it did not come from a political organization. You also may not pay for the ticket because it is a fundraiser for your employing Member. You may be able to accept the ticket under a different exception to the Gift Rule.

Events in Honor of Members, Officers, and Employees. Events that outside organizations put on nominally in your honor are not gifts to you, although free attendance at the event would still be a gift. To be “nominally” in your honor, the event must meet the following criteria.[100]

• The event organizer is clear to all participants, such as at the top of the invitation;
• You are not a host or sponsor of the event;
• You do not receive any particular benefit from the event;
• You did not ask the event organizer to host the event; and
• You did not solicit support for the event

If the event does not meet the criteria above, the event’s entire cost would be a gift to you.

Example (Permissible). An advocacy group that works on environmental issues wants to host a reception in your honor because of your work on environmental issues. The advocacy group will handle all the logistics for the event. They may host the reception in your honor and you may attend if your free attendance meets the Gift Rule exceptions for that type of event.

Example (Additional Action Required). At that same event, the advocacy group wishes to showcase your nature photography and offer it for sale. Because you would receive a benefit from the event, the event’s entire cost would be a gift to you. You may be able to accept the gift of the event under a different exception to the Gift Rule.

Example (Additional Action Required). You are retiring at the end of the Congress. A local nonprofit in your district wants to host a retirement event in your honor. The event will be a fundraiser for the nonprofit, and you will be required to help fundraise for the event. Because you are asked to solicit support for the event, the event’s entire cost would be a gift to you. You may be able to accept the gift of the event under a different exception to the Gift Rule.

Example (Additional Action Required). Your friends would like to host a retirement party in your honor. They ask to hold the event at your home, but they plan to handle all the other logistics. Because you would provide in-kind support for the event, the event’s entire cost would be a gift to you. You may be able to accept the event as a gift based on personal friendship.

Inaugural and Swearing-In Events. You may wish to host or attend a Presidential Inaugural event or a Congressional Swearing-In event. The rules for hosting or attending these events are the same as for all other events. An offer of free attendance at an inaugural or swearing-in event must comply with an exception to the Gift Rule depending on the type of event—widely-attended event, charity fundraiser, political event, or reception. Additionally, if the event is nominally in your honor, you may not be involved in putting on the event. See Events in Honor of Members, Officers, or Employees .

If you wish to host a swearing-in event or a reception for visitors from your district, see Conferences and Town Hall Meetings.

Events During National Political Conventions. Members may not attend some events during the national political conventions, even if attendance would otherwise meet an exception to the Gift Rule or if the Member purchased a ticket.[101] During the dates of the national political convention to select the Presidential and Vice Presidential candidates of your party, a Member may not participate in or attend an event held in their honor, if the event is paid for by a registered federal lobbyist or organization that employs or retains a registered federal lobbyist.[102] If the Member being honored is a Presidential or Vice Presidential candidate, this restriction does not apply.[103]

This restriction prohibits honoring a specific Member.[104] Unless a Member is a Presidential or Vice Presidential candidate, the Member could not be named, even in a personal capacity, on any invitations, promotional materials, or event publicity. A Member also may not participate if the Member receives some special benefit or opportunity that others would not have, like an exclusive speaking or prominent ceremonial role. A group of Members, such as a delegation, committee, or caucus, without naming specific Members, may still be honored under this exception.[105] Additionally, Members of a congressional host committee could be listed if that listing also includes non-congressional host committee members.

This exception prohibits registered federal lobbyists or organizations that employ or retain registered federal lobbyists from directly paying for an event where a specific Member is honored. Members may still participate in events hosted and organized by organizations without registered federal lobbyists, even if a registered federal lobbyist, or organization that employs or retains a registered federal lobbyist, contributed funds to the event.

Example (Permissible). You are the presumptive Presidential candidate. Your party’s national political convention will be held from July 16-18 this year. A registered federal lobbyist wants to host a reception in your honor on July 17 and wants to specifically name you on all the reception’s promotional material. The reception will meet all the requirements for a reception. Although the event will be hosted during the days of your national party convention and you will be named specifically, you may participate because you are the Presidential candidate.

Example (Permissible). You are a delegate to your party’s national convention. Your party’s national convention will be held from July 21-23 this year. A registered federal lobbyist wants to host a charity fundraiser honoring your state’s delegation to the convention on July 22. The event will be publicized as honoring the state’s delegation without naming specific names. The event meets all the requirements for a charity fundraiser. You may participate in the event.

Example (Permissible). An organization that does not employ or retain registered federal lobbyists would like to host a reception in your honor during your party’s national political convention. The reception will meet all the requirements for a reception. The organization has several table sponsors, including some registered federal lobbyists. Because the event organizer does not employ or retain any registered federal lobbyists, you may participate in the event.

Example (Permissible). Your party’s national political convention will be on July 15-17 this year. A registered federal lobbyist would like to host a reception in your honor on July 18. The reception will meet all the requirements for a reception. Because the event is not during the dates of your party’s national political convention, you may participate in the event.