General guidelines on giving gifts to Members of Congress and their staffs

FAMA/FEMSA member companies that host Home Day events need to be aware of the Congressional gift rules, which impose substantial restrictions on what gifts members, officers, and staff of Congress may accept.

The term gift is defined rather broadly by the House and Senate’s ethics committees and covers largely anything of value, including meals, transportation, and lodging. Generally, Congressional members, officers, and staff may accept gifts of $49.99 or less in retail value, excluding taxes and gratuities. The total value of gifts from an individual entity or company to an individual Congressional Member, officer, or staff person may not exceed $99.99 in one calendar year, though gifts of $9.99 or less in value do not count toward this total. However, Congressional Members, officers, and staff may not accept gifts of any value from anyone who is a registered lobbyist or who employs or retains registered lobbyists.

There are a number of exceptions to this rule. Exceptions of pertinence to members of FAMA and FEMSA include:

  • Free attendance at a widely-attended event that is officially related to Congressional duties. This is the exception most commonly used for Home Day-type events. There is also an additional exception in the Senate for “constituent” events, which is defined in the Senate rules.
  • Anything for which the member, officer, or staff person pays the market value, or does not use and promptly returns.
  • Informational materials that are sent to the office of the member, officer, or staff person in the form of books, articles, periodicals, other written materials, audio, video, or other forms of communication.
  • Donations of products from the state that the member represents that are intended primarily for promotional purposes, such as display for free distribution, and are of minimal value to any individual recipient.
  • Anything paid for by federal, state, or local government or secured by the government under a government contract.
  • A plaque, trophy, or other item that is substantially commemorative in nature and that is intended solely for presentation.
  • Food or refreshments of a nominal value offered other than as part of a meal.
  • An item of little intrinsic value such as a greeting card, baseball cap, or T-shirt.

Members of Congress and staff are bound by these rules and are obligated to ensure they don’t accept any gift that violates Congressional ethics rules. Members of Congress and staff are instructed that they are to uphold the spirit as well as the letter of the rule.

For more information on rules regarding Congressional gift rules, we encourage you to visit the House and Senate’s Web sites:

The information provided above is illustrative only and does not represent a comprehensive statement of Congressional gift rules. FAMA and FEMSA members organizing Home Day events should make efforts to ensure compliance with these rules, as violators are subject to potential civil and criminal penalties.