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House Ethics Manual 2022 Edition

House Ethics Manual 2022 Edition

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E. Gifts from other Members, Officers, or Employees

You may accept a gift from another Member, officer, or employee of the House or Senate if the person giving you the gift is either your direct or indirect supervisor or your peer.[46] You may not accept a gift from someone you supervise unless the gift is given for a special occasion.[47] Special occasions include birthdays, holidays, marriages, births or adoption of children, anniversaries, retirements, deaths, and other similar occasions for which gifts are traditionally given. You should never be pressured to make or contribute to a gift.

[46] House Rule 25, cl. 5(a)(3)(F).

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[47] See 5 U.S.C. § 7351(a) (a federal employee may not give a superior a gift, solicit a contribution from another employee for a gift to a superior, or accept a gift from an employee receiving less pay). The Committee has the authority to implement this section, including to allow for gifts to superiors for special occasions. Id. at (c).

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Providing personal services without compensation may also be a gift.[48] Supervisors should not accept uncompensated personal services from subordinate staff for services the supervisor would usually pay for if there is no connection to legitimate, official activity.[49]

[48] See Staff of Comm on Ethics, 115th Cong., In the Matter of Allegations Relating to Representative Thomas Garrett 5, 32-34 (Comm. Print 2019).

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[49] Id. at 34.

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Example (Permissible). You are a district caseworker working part time while also going to school. Your employing Member and your Chief of Staff would like to use their personal funds to help you pay for textbooks. You may accept that gift from your supervisors.

Example (Permissible). A Member wants to give all her colleagues a copy of a book that helped inform her policy positions. The Member would like to use personal funds to purchase those books. The other Members may accept that book as a gift from their peer.

Example (Permissible). Your Chief of Staff is getting married. Everyone in the office would like to contribute to a gift card to your Chief of Staff’s favorite restaurant as a wedding gift. If no one feels pressured to contribute, you may pool your funds and give the gift card to your Chief of Staff. Your Chief of Staff may also accept the gift card for this special occasion.

Example (Impermissible). Your employing Member completed the first session of their first term in office. The staff would like to contribute to a gift to celebrate your Member’s first year in office. Your Member may not accept that gift from the staff because it is not a special occasion for which gifts are traditionally given.

Example (Impermissible). Your employing Member asks you to pick up their children from school. Because this activity bears no connection to legitimate, official activity, you should not perform this service for your employing Member.

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