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H. Gifts from Foreign Governments and International Organizations
The Emoluments Clause of the Constitution limits your ability to accept gifts from foreign governments. The Emoluments Clause prohibits you, as a federal government official, from receiving “any present . . . of any kind whatever” from a foreign government or its representatives without the consent of Congress.[59]
[59] U.S. Const. Art. I, § 9, cl. 8.
Congress consented to gifts, including travel, from foreign governments by enacting two federal statutes, FGDA and MECEA.[60] House rules also allow you to accept gifts under these two statutes.[61] See Travel Paid for by a Foreign Government for more information about travel allowed under FGDA and MECEA.
[60] Congress consented to other programs outside of FGDA and MECEA, including the U.S.-Korea National Assembly Exchange Program. However, FGDA and MECEA are the most common methods that foreign governments use to offer Members, officers, and employees gifts and travel.
[61] Members, officers, and employees may accept “[a]n item, the receipt of which is authorized by the [FGDA], the [MECEA], or any other statute.” House Rule 25, cl. 5(a)(3)(N).
FGDA also allows you to accept certain tangible gifts and decorations from the following entities.
- Foreign governments;
- International or multinational organizations whose membership is made of units of foreign governments and their agents or representatives;
- Quasi-governmental organizations closely affiliated with, or funded by, foreign governments; or
- Private organizations closely affiliated with, or funded by, foreign governments.[62]
[62] 5 U.S.C. § 7342(a)(2). To determine whether an organization is part of a foreign government, the Committee looks to a number of factors including the level to which the organization is funded by the federal government, whether the organization is controlled by a foreign government, and whether another U.S. government agency determined the organization is part of a foreign government. Members, officers, and employees may only accept gifts from organizations that meet this definition under FGDA or MECEA. See Comm. on Ethics, In the Matter of Officially-Connected Travel by House Members to Azerbaijan in 2013, H.R. Rep. No. 114-239 (2015); Comm. on Ethics, In the Matters of Allegations Relating to Travel to Taiwan by Representatives William Owens and Peter Roskam in 2011,
H.R. Rep. No. 113-226 (2013)
H.R. Rep. No. 113-226 (2013)
See the Committee’s FGDA Regulations.[63]
[63] The Committee’s implementing regulations are issued pursuant to 5 U.S.C. § 7342(a)(6)(A), (g)(1) and apply to House Members, officers, and employees. The regulations were first published on January 23, 1978. 124 Cong. Rec. 452-53.
FGDA also applies to your spouse or dependents.[64]
[64] 5 U.S.C. § 7342(a)(1)(G).
Tangible Gifts.[65] While you are on American soil, you may only accept tangible gifts that are of “minimal value tendered and received as a souvenir or mark of courtesy.”[66] Minimal value is set by the General Services Administration on a tri- annual basis and is calculated based on the Consumer Price Index.[67] You can find the current minimal value here. If you are unsure of the value, the Office of the Clerk can appraise the item.[68] Tangible gifts include trinkets, meals, entertainment, or local transportation to attend an event.
[65] 5 U.S.C. § 7342(c).
[66] 5 U.S.C. § 7342 (c)(1)(A).
[67] 5 U.S.C. § 7342(a)(5).
[68] 5 U.S.C. § 7342(g)(2)(B); (a)(6)(A).
If you are abroad, you may accept tangible gifts worth more than minimal value if refusing the gift would cause offense or embarrassment. But you accept those gifts on behalf of the United States government and must turn over the gifts when you return to the United States, report the gifts on the FGDA Disclosure Form, and seek Committee approval if you would like to retain the gifts for official display purposes.
You must aggregate the value of tangible gifts given to you in the same presentation from the same source to determine if the group of gifts is more than minimal value. You must also aggregate gifts given in the same presentation from the spouse of a foreign official as well as the foreign official themselves. And you must aggregate gifts given to your spouse in the same presentation as well as gifts given to you.
Example (Permissible). You are invited to an embassy dinner and they offer to pay for your cab ride to the embassy. You may accept both the dinner at the embassy and the cab ride if those gifts combined are minimal value or less.
Example (Impermissible). A foreign official meets with you in your office and presents you with a gold-plated tea kettle worth more than minimal value. You may not accept the tea kettle.
Example (Additional Action Required). While on a CODEL abroad, a foreign official presents you with the same gold-plated tea kettle worth more than minimal value. If refusal would cause offense or embarrassment, you may accept the tea kettle on behalf of the United States. When you return from your trip, you must turn the gift over to the Clerk of the House and report the gift to the Committee on the FGDA Disclosure Form. If you would like to retain the tea kettle for display in your official office, you must seek written approval from the Committee.
Example (Impermissible). The contract foreign agent for a foreign government invites you to dinner to discuss upcoming legislation. Because the foreign agent would be paying, even if ultimately reimbursed by the foreign government, you may not accept the offer. You may still go and pay for your own dinner.
Decorations.[69] You may accept and personally wear a decoration of minimal value from a foreign government if it was given
- In recognition of active field service in a time of combat operations, or
- For other outstanding or unusually meritorious performance.
[69] U.S.C. § 7342(d).
If you are offered a decoration of more than minimal value and you would like to keep it for personal use, you must seek and receive Committee approval prior to accepting the decoration.
Without prior approval, you may only accept a decoration of more than minimal value on behalf of the United States. You would need to turn over the decoration, report the decoration on the FGDA Disclosure Form, and seek Committee approval if you would like to retain the decoration for official display purposes.
Example (Permissible). A foreign government wants to present you with its highest civilian honor for your assistance to their country. The decoration is less than minimal value. You may accept, wear, and retain the decoration for your personal use.
Example (Permissible). The same foreign government wishes to present you with the same award, but the decoration is more than minimal value. You seek and receive approval from the Committee before accepting the decoration. You may accept the decoration, wear the decoration, and retain the decoration for your personal use.
Example (Additional Action Required). Same as the previous example but you did not seek and receive approval from the Committee before accepting the decoration. You may accept the decoration on behalf of the United States, but you must turn it over to the Clerk of the House or seek Committee approval to display it in your official office.
Medical Treatment.[70] You may accept medical treatment from a foreign government if the treatment is provided for an unexpected illness or injury that requires immediate attention while in the host country. You may also accept medical treatment from a foreign government if you seek and receive Committee approval prior to accepting the treatment.
[70] 5 U.S.C. § 7342(c)(1)(B).
Example (Permissible). You break your leg while on vacation abroad. The foreign government offers to pay to have your leg set so you can fly home. You may accept the offer of medical treatment.
Educational Scholarship.[71] You may accept an educational scholarship from a foreign government if you seek and receive Committee approval prior to accepting the scholarship. You may not accept transportation to and from the United States under this exception unless transportation is a term of the scholarship.
[71] Id.
Example (Additional Action Required). You are offered a scholarship to study at a foreign public academic institution abroad. The scholarship covers travel to and from the United States, plus tuition and room and board for the academic year. The public academic institution and the scholarship are funded by the foreign government. You must receive Committee approval before accepting the scholarship.[72]
[72] Although rare, educational scholarships are offered to federal government officials from foreign academic institutions. This provision of FGDA applies only to educational scholarships offered or funded by foreign governments, or provisions of foreign governments, including public institutions. See, e.g., Letter from Robert B. Shanks, Deputy Assistant Attorney General, O.L.C., to Walter T. Skallerup, General Counsel, Department of the Navy (Mar. 17, 1983), https://www.justice.gov/olc/ page/file/936131/download (allowing a scientist employed by the Naval Research Laboratory to accept an educational scholarship from the German Alexander von Humboldt Foundation, which is funded by the German government, to conduct research in Germany).
Reporting Requirements. If you received gifts or travel from a foreign government under FGDA, you must report those gifts on a separate form and return the form to the Committee.[73] If you accepted in-country travel expenses, regardless of value, you must return the form to the Committee within 30 days of returning from your trip. If you accepted gifts or decorations of more than minimal value, you must return the form to the Committee within 60 days of receiving the gift or decoration. You can find the form here.
[73] The Department of State makes FGDA disclosures public in the Federal Register each year. 5 U.S.C. § 7342(f)(1).
If you file financial disclosure statements, you must also report tangible gifts, decorations, medical treatment, or educational scholarships of more than minimal value on your annual financial disclosure statement.
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