With the 2016 presidential conventions underway and as the November presidential election draws near, this post is part of a series on what different entities and groups need to know about their political activity as the 2016 election approaches. This post examines congressional gift rules that may be implicated during the conventions.
Congressional gift rules permit Members and staff who are convention delegates to attend convention events that are open to all convention delegates or to all delegates from their state or region.
Generally, Members of the House of Representatives and their staff may accept any gift paid for by the host cities (in this case, Cleveland, Ohio and Philadelphia, Pennsylvania). Additionally, a Member or staff person may accept a non-cash gift valued at less than $50 from any individual who is not a registered federal lobbyist, registered foreign agent, or an entity that employs or retains such individuals.
Impermissible, however, is Member or staff acceptance of a gift, provided by the host city, that was specifically or informally designated by a donor for distribution to Members or staff. The following non-exhaustive list of gifts may not be given to or received by Members of the House of Representatives or their staff:
- Services; and
- Anything of monetary value except as provided in the rule.
Staff and Members who are convention delegates may accept invitations to events and other gifts that are offered to all of the convention delegates or to, for example, all of the convention delegates from their state.
Additional general exceptions to the normal prohibition rules may also be relevant during the convention, including the widely-attended-event exception. This exception allows event sponsors to invite Staff and Members to attend an event that is attended by at least twenty-five individuals from outside Congress who are interested in a given issue and which is related to the official duties or representative function of elected officials.
As the 2016 conventions will be attended by many people subject to the congressional gift rules, it is important to keep these restrictions in mind as convention events are held.
Babatunde Odubekun, a summer associate at Genova Burns, assisted in the preparation of this post.