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X. General Gift Rule Provisions
The Gift Rule starts with the premise that you may not accept a gift unless it meets an exception to the Gift Rule.[30] Both the Gift Rule and other sources, such as the Foreign Gifts and Decorations Act (FGDA) and the Mutual Education and Cultural Exchange Act (MECEA), provide many exceptions. A gift only needs to meet one exception for you to accept it.[31]
[30] House Rule 25, cl. 5(a)(1)(A)(i).
[31] For example, if you may accept a book under the informational materials exception, you may accept that book even if the fair market value is more than $50. Because the book meets the exception for informational materials, you would not also have to apply the exception for gifts less than $50 and that book would not count towards the annual limit of less than $100 that goes with the less than $50 per instance exception.
Even if you may be able to accept a gift under a technical reading of any exception discussed below, you should still be mindful of the motives behind any gift. You should always exercise discretion and be careful to avoid even the appearance of impropriety when accepting a gift.[32]
[32] The Office Code of Conduct for the House prohibits Members, officers, and employees from receiving any benefit “by virtue of influence improperly exerted from the position of such individual in Congress.” House Rule 23, cl. 4. Additionally, the Code of Ethics for Government Service states you should “never discriminate unfairly by the dispensing of special favors or privileges to anyone, whether for remuneration or not; and never accept for [yourself] or [your] family, favors or benefits under circumstances [that] might be construed by reasonable persons as influencing the performance of [your] governmental duties.” Code of Ethics for Government Service ¶ 5. See also Comm. on Standards of Official Conduct, Investigation of Financial Transactions Participated in and Gifts of Transportation Accepted by Representative Fernand J. St. Germain, H.R. Rep. No. 100-46, at 3, 9, 43 (1987) (“[T]he Committee would admonish all Members to avoid situations in which even an inference might be drawn suggesting improper action.”).
You should consider the following factors when deciding whether to accept a gift.
- Whether the gift meets an exception to the Gift Rule[33]
- Source and value of the gift
- Frequency of gifts from one source
- Possible motives of the donor
- Possible conflicts of interest with official duties[34]
- Whether accepting the gift violates the spirit of the Gift Rule[35]
[33] See Comm. on Ethics, In the Matter of Allegations Relating to Representative Don Young, H.R. Rep. No. 113-487, at 4 (2014) (issuing a letter of reproval despite repayment because the Member’s acceptance of impermissible gifts “demonstrated a lack of appropriate safeguards and an inattention to the relevant standards of conduct”).
[34] See Comm. on Standards of Official Conduct, In the Matter of Representative Charles H. Wilson (of California), H.R. Rep. No. 96-930, at 4-5, 19-20 (1980) (knowingly accepting gifts from individuals with direct interests in legislation before Congress); Comm. on Standards of Official Conduct, In the Matter of Representative Daniel J. Flood, H.R. Rep. No. 96-856, at 5-15 (1980) (alleging Congressman Flood accepted payments to influence official actions).
[35] House Rule 23, cl. 2.
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