D. Gifts Based on Personal Friendship

You may be able to accept a gift that is offered because of personal friendship and not related to your position with the House.[43] This exception does not require that you be friends with someone before you joined the House, nor does it prohibit friendships with registered federal lobbyists or foreign agents. But you should always be mindful of why you were offered the gift and who the true source of the gift may be.

If the gift’s fair market value exceeds $250, you must seek formal Committee approval to accept a gift offered because of personal friendship, even if the gift meets all the requirements discussed below. If the fair market value of a gift is $250 or less, you may decide for yourself if the gift meets the requirements. The Committee views trips as a whole; therefore, the value of a trip would be the transportation expenses, lodging expenses, and meal expenses that someone else offers to pay on your behalf. You can find the form to request approval from the Committee to accept the gift based on personal friendship here. The Committee will consider your request through its formal advisory opinion process. If you can, please submit your request early to give the Committee enough time to review, analyze, and make a decision.

To accept a gift under personal friendship, you must consider the circumstances of the offer, including, but not limited to

• the nature of your relationship with your friend, including any past exchange of gifts;
• if your friend paid or will pay for the gift personally, or if your friend will seek a business reimbursement or tax deduction; and
• if the same or similar gift was or will be offered to another Member, officer, or employee.[44]

Example (Additional Action Required). Your former roommate is now a registered federal lobbyist. For years you have gone to basketball games together. Sometimes you would pay for the tickets and sometimes your former roommate would pay for the tickets. Your former roommate has an extra ticket to a playoff game that your roommate paid for personally and invites you to come. Because you and your former roommate have been friends for a while, have a history of exchanging gifts, and your former roommate paid for the extra ticket personally, you may be able to accept the ticket. Depending on the ticket’s fair market value, you may need to seek Committee approval before accepting it.

Example (Impermissible). You are friendly with a registered federal lobbyist who often comes to your office and whom you see at official events. You do not socialize with the lobbyist outside of work. The lobbyist invites you to dinner at their personal expense. Because you do not have a friendship relationship with the lobbyist, you may not allow the lobbyist to pay for your dinner. You are welcome to still go to dinner with the lobbyist and pay for your own meal and drinks.

Example (Impermissible). A person you recently met asked you out on a first date and offers to pay. Other than meeting this person previously, you have not socialized with the person. You believe you were asked out because of where you work. You may not accept the offer to pay for the first date under personal friendship. If you develop a relationship with this person, you may be able to accept future offers to pay for dates. If the person is not a registered federal lobbyist or foreign agent, you may accept the offer if the date’s total value before tax and tip is $49.99 or less.

Example (Additional Action Required). Your significant other, to whom you are not engaged or married,[45]  surprises you with a trip abroad for your birthday. Your significant other offers to pay for flights, lodging, and meals while you are on the trip. Because the trip’s value likely exceeds $250, you will need to seek Committee approval before accepting your significant other’s offer.

[45] Fiancé(e)s are considered relatives. Therefore, if your fiancé(e) makes the same offer of a trip abroad, you may accept it as a gift from a relative. See Gifts from Relatives for more information.

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Example (Additional Action Required). You and your significant other take a trip. You both pay your own way. While on the trip, your significant other purchases a piece of art worth more than $250 for your birthday and has it shipped to your home. The gift was spontaneous, and you did not have the opportunity to request Committee approval beforehand. You may request retroactive approval to accept the piece of art. If the Committee does not approve your request for some reason, you may pay your significant other back for the piece of art.

Example (Permissible). Your best friend works for a lobbying firm. The lobbying firm is having their holiday party and all their employees can bring a guest. The lobbying firm does not place restrictions on whom the guest can be. Your best friend asks you to be their guest. Because your best friend can bring whomever they want, the gift is your best friend’s to offer. If the per person value of the food and drinks for the holiday party is less than $250, you may accept your best friend’s offer to attend the holiday party.

Example (Permissible). Your roommate works for a downtown law firm. The law firm has a box at a major league baseball stadium. The law firm allows its staff to bring a guest to the baseball games and sit in the firm’s box. The law firm does not place restrictions on whom the guest can be. Your roommate invites you to the game as their guest. Because your roommate can bring whomever they want, you may accept and sit in the law firm’s box at the baseball game.