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A. Gifts of Nominal Value
You may accept an item valued at less than $10 ($9.99 or less before tax), or a greeting card, baseball cap, or t-shirt, regardless of the source, with some caveats.[36] The caveats are
- You may not accept cash or cash equivalents, like gift cards;
- You may not accept food or beverages in a one-on-one setting;[37] and
- You should be mindful of potential conflicts if you are repeatedly offered nominal value gifts from a single source, even if the gifts technically satisfy the requirements of the exception.
[36] House Rule 25, cl. 5(a)(3)(W). Through the 105th Congress, the Committee allowed Members and staff to accept a variety of low value, tangible items under this provision. At the start of the 106th Congress. however, the House determined that such a broad reading of the nominal value provision was no longer appropriate and instituted the less than $10 limit. H.R. Res. 9, 106th Cong. (1999).
[37] Under the Gift Rule prior to the 110th Congress, Members and staff were allowed to accept gifts, including food and refreshments, from virtually anyone under the less than $50 provision, even if the source was a registered federal lobbyist, foreign agent, or organization that employs or retains a registered federal lobbyist. With the Gift Rule amendments in the 110th Congress, the House determined food and refreshments of a nominal value offered by a registered federal lobbyist, foreign agent, or organization that employs or retains a registered federal lobbyist may only be accepted at business meetings, receptions, and similar events that are not one-on-one encounters. H.R. Res. 6, 110th Cong. (2007); Comm. on Standards of Official Conduct, Gift Rule Amendments at the Beginning of the 110th Congress (Feb. 6, 2007).
Example (Permissible). Your local baseball team won the World Series. The baseball team sends you a box with 10 World Series baseball caps with a note for everyone in the office who would like one to take one. You and your colleagues may each accept one baseball cap.
Example (Impermissible). A registered federal lobbyist you work with often invites you to discuss an upcoming bill over a cup of coffee. You may not allow the registered federal lobbyist to pay for your coffee, but you may still meet with the lobbyist and pay for your own coffee.
Example (Impermissible). A constituent sends you a handwritten note thanking you for all your hard work over the years and encloses a $5 gift card. You may keep the handwritten note, but you must return the gift card.
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