April 25, 1997

MEMORANDUM FOR ALL MEMBERS, OFFICERS AND EMPLOYEES

FROM: Committee on Standards of Official Conduct
James V. Hansen, Chairman
Howard L. Berman, Ranking Democratic Member
SUBJECT:Rules Governing (1) Solicitation by Members, Officers and Employees in General,
and (2) Political Fundraising Activity in House Offices
Introduction
The purpose of this memorandum is to reiterate and elaborate on the rules governing the conduct
of Members, officers and employees of the House in two areas:
solicitation of others -- i.e., asking anyone for money or anything of value -- including for non-
political purposes, and
soliciting or receiving political contributions in the House office buildings, the Capitol, or
district offices.
Both of these matters are discussed in the House Ethics Manual, 102d Cong., 2d Sess. (April
1992): solicitation in general on pp. 50-52 and 64-65, and political fundraising activity in House
offices on p. 285. Both of these matters are also addressed in an advisory memorandum which
the Committee issued on April 4, 1995, which announced certain new restrictions on solicitation.
Copies of both the Manual and the April 1995 advisory memorandum are available from the
Committee office.
Because of recent items in the news media on the legality and propriety of political fundraising
activity in Federal offices, the Committee believes this is an opportune time to set out the
standards which apply in the House. The Committee also believes that this is an appropriate time
to remind Members and staff of the general law governing solicitation by them, including
solicitations made for non-political purposes.
Solicitation by Members, Officers and Employees
General prohibition against solicitation. Under a provision of the Ethics Reform Act of 1989,
House Members, officers and employees are generally prohibited from asking for anything of
value from a broad range of persons: specifically, anyone who seeks official action from the
House, does business with the House, or has interests which may be substantially affected by the
performance of official duties. Under the statute, which is codified at 5 U.S.C. § 7353, the only
solicitations of such persons which are permissible are those sanctioned by this Committee.
The terms of the prohibition are very broad. The provision applies to the solicitation of not only
money, but "anything of value". In addition, the prohibition covers solicitations of things for the
personal benefit of the Member, officer or employee, as well as things which involve no personal
benefit. Thus, as the House Ethics Manual notes (at p. 52), the statute bars, for example, a staffer
from asking a lobbyist for free tickets to a sporting event, or from asking lobbyists to help pay
for a party to be given in honor of a Member. While the examples used in the Manual refer to
solicitations of lobbyists, it would be equally impermissible to make the same requests of non-
lobbyist officials of a corporation, association or other such entity. A solicitation made by
another person in the name of a Member, officer or employee, and with the knowledge and
acquiescence of that official, will likely be deemed a solicitation by that official.
Prohibition does not apply to political solicitations. Legislative materials concerning 5 U.S.C. §
7353 state that the statutory prohibition does not apply to the solicitation of political
contributions, and the Committee has expressly recognized that the statute does not bar political
solicitations. However, a number of other provisions of law impose restrictions on political
solicitations by Members, officers and employees, and one of the major sets of restrictions --
regarding solicitation in Federal offices -- is discussed in detail below. Other restrictions on
political solicitations are set out on pp. 3-5 of the Committee's advisory memorandum of April 4,
1995.
Exception for charitable fundraising. In 1990 the Committee determined, pursuant to its authority
under 5 U.S.C. § 7353, that Members, officers and employees may solicit on behalf of charitable
organizations qualified under § 170(c) of the Internal Revenue Code, subject to certain
restrictions. Under this determination, solicitations on behalf of established charitable or
educational organizations are generally permissible without any further action by the Committee.
The major restrictions on such solicitations are that no official resources may be used in making
them, no official endorsement by the House of Representatives may be implied, and no direct
personal benefit may result to the soliciting official. In 1995 the Committee established an
additional restriction regarding organizations established or controlled by Members of Congress:
a solicitation may not be made for any such organization, regardless of its tax status, unless the
organization's principal activities are unrelated to a Member's official duties. Finally, under a
provision of the gift rule, registered lobbyists and registrants under the Foreign Agents
Registration Act may not be solicited, except as part of a mass mailing or other solicitation
directed to a broad category of persons.
This exception for charitable solicitations is the only general exception the Committee has
issued. It is not permissible for a Member, officer or employee to make a solicitation on behalf
of anyone other than a charity without the prior written approval of the Committee. There are
certain types of solicitation which the Committee, upon request, will generally approve, subject
to the same restrictions which apply to charitable solicitations: for example, solicitations on
behalf of persons who are in need of assistance because of a catastrophic injury or natural
disaster, solicitations for tax-exempt organizations which are not charities, and for the
Congressional Arts Competition in one's district.
Political Fundraising Activity in House Offices
There has been much discussion in the media recently regarding a criminal statute, 18 U.S.C. §
607, which generally prohibits soliciting political contributions in federal offices. That statute
also generally prohibits receiving contributions in Federal offices, although, as detailed below,
some exception is made for contributions received in Congressional offices.
Much of the recent discussion has been in the form of a debate on whether various activities
violate 18 U.S.C. § 607. House Members and staff should be aware, however, that they are
subject not only to the criminal statute, but also to the standards enunciated and enforced by this
Committee. While there may be uncertainty regarding the scope of the criminal statute, the
standards enunciated by the Committee regarding political fundraising in House offices are quite
specific, and quite restrictive.
While those standards are based in part on the provisions of 18 U.S.C. § 607, they are based as
well on several other provisions of law: specifically, the regulations of the House Office
Building Commission, which govern the use of House facilities; 31 U.S.C. § 1301, which
requires that official resources and allowances be used only for official activities, and regulations
issued by the House Oversight Committee which reflect this same requirement; and clause 1 of
House Rule 43, which requires that Members and staff conduct themselves at all times in a
manner which reflects creditably on the House of Representatives. The standards regarding
political fundraising activity in House offices are as follows.
Soliciting Political Contributions. Regarding, first, the matter of soliciting political contributions,
the basic rule is straightforward: Members and staff may not solicit political contributions in
their office or elsewhere in the House buildings, whether in person, over the telephone, or
otherwise. This rule applies with regard to the Capitol, the House office buildings, and district
offices.
The rule bars all political solicitations in these House buildings. Thus a telephone solicitation
would not be permissible merely because, for example, the call is billed to the credit card of a
political organization or to an outside telephone number, or it is made using a cellphone in the
hallway. Similarly, where a House Member or employee makes solicitation calls somewhere
else, such as at one of the campaign committee offices, and has to leave a message, the
individual should not leave his or her House office number for the return call.
Receiving Political Contributions. The rule on receiving political contributions is equally
straightforward: Members and staff may not request that a contribution be sent or delivered to
their House office, and may not assent to the sending or delivery of a contribution to their
House office. Thus a Member or employee should never authorize a solicitation for political
contributions (or, for that matter, any other political communication) which uses a House office
address. Furthermore, if a Member or staffer learns that an individual who is going to be visiting
the office intends to offer a contribution during his or her visit, the individual must be told that
the contribution cannot be accepted here, and arrangements for delivery of the contribution
elsewhere must be made.
However, if someone unexpectedly offers a contribution during a visit to a House office, or if
someone unexpectedly mails or delivers a contribution to the office, the contribution can be
accepted, provided that it is forwarded to the political committee within seven days of receipt.
The criminal statute, 18 U.S.C. § 607, includes a provision which specifically permits acceptance
and forwarding of a contribution received in a Congressional office, provided that the
contribution was not solicited in any manner which directs the contributor to mail or deliver a
contribution to any Federal office. Please note, however, that an envelope forwarding a
contribution may not be sent under the frank, and thus the forwarding must be done using
personal or campaign stationery and stamps.
Additional Considerations. Two additional points should be made here, and these apply to both
soliciting and receiving political contributions. First, the rules set forth above to not bar
Members from soliciting or receiving contributions from other Members in the House buildings.
Please note, however, that one of the new House rules approved in January prohibits the
knowing distribution of campaign contributions on the House floor, in the Speaker's Lobby, and
in the cloakrooms.
Second, these rules are not limited to contributions for Congressional campaigns. They apply to
the solicitation and receipt of all political contributions, including those for campaigns for state
or local office.
Any questions on the above matters, and any requests for copies of the House Ethics Manual or
the Committee's advisory memorandum of April 4, 1995, should be directed to the Committee's
Office of Advice and Education at 5-3787.