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House Ethics Manual 2022 Edition

House Ethics Manual 2022 Edition

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VII. Do Not Ask for a Gift

You may not ask for a gift for yourself or someone else.[15] Even if you would otherwise be able to accept the gift, you may not accept the gift if you or someone else asked for it. This restriction applies to anything that may benefit the office or you, personally. The Committee does not apply this restriction to requesting gifts from relatives or establishing a gift registry for a special occasion, if the gifts are not for official activities.

[15] 5 U.S.C. § 7353(a). Specifically, you may not solicit anything of value from someone who is seeking official action from or doing business with Congress, or whose interests may be impacted by your official duties. This prohibition does not include solicitations for campaign contributions. See 136 Cong. Rec. H1647 (daily ed. Apr. 24, 1990) (regarding technical corrections to the Ethics Reform Act of 1989); Comm. on Ethics, Member, Officer, and Employee Participation in Fundraising Activities (May 2, 2019). Members and staff may assist with fundraising to benefit political organizations registered under section 527 of the Internal Revenue Code, including federal and state political organizations. Members and staff may also fundraise directly for state level ballot measure committees that are qualified under state law, but not fundraise for an organization that intends to donate all or some of its proceeds to a state level ballot measure committee. Comm. on Ethics, Member, Officer, and Employee Participation in Fundraising Activities.

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Example (Impermissible). You were invited on a privately-sponsored trip. You cannot go, but your colleague can and is interested. You ask the trip sponsor to invite your colleague instead. Because you asked for the gift, your colleague may not accept it. You may, however, tell the trip sponsor that you are no longer the correct contact, but that your colleague now handles the relevant matters.

Example (Impermissible). You are out of the office when a group comes to your office with stress balls for everyone. Your desk mate asks if the group could leave one for you. Because your desk mate asked for the gift, you may not accept it.

Example (Impermissible). Your office is throwing a farewell party for one of your departing colleagues. You know people in the private sector who might be willing to donate refreshments. You may not request donations from those people.

Example (Permissible). You are buying a new home and need $10,000 for your down payment. You may ask your parents for the money for the down payment, and you may accept the gift if your parents give you the money.

You may be able to help with solicitation or fundraising efforts that benefit charitable endeavors.  You may also be allowed to solicit a gift in connection with the Congressional Art Competition, the App Challenge, or other officially-sanctioned competitions.  See Members, Officers, and Employees Participating in Fundraising Activities and Request to Solicit for Officially-Sanctioned Competitions.

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