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House Ethics Manual 2022 Edition

House Ethics Manual 2022 Edition

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XI. Advisory Opinions

The Committee on Standards of Official Conduct urges individuals to call or to write with any questions regarding the appropriateness of contemplated activity. House rules authorize the Committee “to give consideration to the request of any Member, officer, or employee of the House for an advisory opinion with respect to the general propriety of any current or proposed conduct of such Member, officer, or employee.” [99] The Ethics Reform Act of 1989 guarantees that no one may be put in jeopardy by making such a request. Anyone who acts in good faith in accordance with a written advisory opinion from the Committee may not then be investigated by the Committee based on the conduct addressed in the opinion, [100] and courts may consider reliance on such an opinion a defense to prosecution by the Justice Department.[101] All such inquiries and their responses will be kept confidential by the Committee.

[99] House Rule 10, cl. 4(e)(1)(D).

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[100] 2 U.S.C. § 29d(i)(4); 5 U.S.C. app. 4 § 504(b); Comm. Rule 3(j)-(k).

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[101] See United States v. Hedges, 912 F.2d 1397, 1404-06 (11th Cir. 1990); 5 U.S.C. app. 4 § 504(b).

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