February 15, 2002

/s Joel Hefley, Chairman

/s Howard L. Berman, Ranking Minority Member

SUBJECT: Member Office Activities in Areas Added by Redistricting

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Because of redistricting, a number of Members are seeking re-election this year in a district that includes new areas – that is, areas that were not part of the district from which the Member was elected to the 107^th Congress. The Standards Committee has been receiving questions from Member offices on whether they may undertake particular activities in or relating to those new areas during the remainder of this Congress. While some questions on this subject are in this committee’s jurisdiction, many such questions implicate rules issued by the House Administration Committee and so should be directed to that committee. The purpose of this memorandum is to remind Members and staff of the basic rules in this area.

Most importantly, the statute that establishes the Members’ Representational Allowance ("MRA"), 2 U.S.C. §57b, provides that the purpose of the allowance is "to support the conduct of the official and representational duties of a Member of the House of Representatives with respect to the district from which the Member is elected." (emphasis added). This provision is also incorporated in the rules governing the MRA issued by the House Administration Committee, which are set out in the Members’ Congressional Handbook issued by that committee. ¹   The areas added to congressional districts this year through redistricting are clearly not part of the districts from which current Members were elected. Accordingly, use of office resources for purposes that would relate exclusively to any of those new areas would be inconsistent with this provision.

Several other provisions of the Members’ Congressional Handbook reflect this same point. Specifically, the rules provide that any Member town hall meeting that is paid for with MRA funds must take place "within the Member’s district." The rules also define "official travel," the expenses of which may be paid with MRA funds, as travel "in support of the official and representational duties of [the] Member to the district from which elected." Furthermore, under the franking statute, 39 U.S.C. §3210, a House Member "may not send any mass mailing outside the congressional district from which the Member was elected." ²  

Nevertheless, there are circumstances in which a Member may engage in official activity in or concerning an area outside his or her existing district. For example, at times a Member deals with a matter that affects not only the Member’s district, but also geographic areas surrounding the district. Examples of such matters might include the closing or threatened closing of a large area business, the cleanup of an area waste site, or issues relating to an airport in the area. Nothing in the above rules prohibits a Member in these circumstances from meeting or corresponding with interested officials and other persons outside his or her district on such matters, or from issuing press releases on or similarly publicizing his or her activities on such matters in the affected areas outside the district. ³  

One specific question that has been raised is whether a Member office may handle casework requests from individuals living in the areas added to the district by redistricting. As a general matter, the answer to this question is "no", but there are exceptions. For example, a Member who is involved in and has expertise on a particular issue may, if the Member wishes, assist all individuals who contact his or her congressional office requesting help relating to that issue, including non-constituents. In addition, there may be instances in which doing casework for non-constituents on matters that are similar to those facing constituents may enable the Member to better serve his or her own district. Also, if a Member has personal knowledge regarding a matter or an individual, the Member may always communicate that knowledge to agency officials. Further explanation on this point is provided on pp. 251-52 of the House Ethics Manual, 102d Cong., 2d Sess. (1992).

While Members are thus limited in their ability to do casework for non-constituents, Members are entirely free to respond to inquiries or other communications that they receive on legislative issues from non-constituents.

Members should also bear in mind that while, for the remainder of this Congress, they may not use resources of their congressional office to sponsor an event in an area added to their district by redistricting, they may sponsor an event in those areas using their campaign staff and resources. However, in accordance with the above-noted rules, the materials printed in connection with such an event should not include the congressional office address or telephone number; at the event, the Member and the campaign staff should not generally offer the services of the congressional office to the residents of that area; and there should be no suggestion that the event is an official event.

Any questions on this subject should be directed to either the Office of Advice and Education of the Standards Committee at x5-7103 or the House Administration Committee at x5-8281 (majority) or x5-2061 (minority).

To summarize, the basic rules on activities in or relating to areas added to a district by redistricting include the following –

• Use of Member office funds and resources for any purpose relating exclusively to those new areas is impermissible, and mass mailings may not be sent to any new area.

• A Member and his or her employees may not travel to new areas using House funds or resources except in support of duties to the existing district (although Member travel to those areas at no official expense is always permissible).

• As a general matter, a Member’s office may not handle casework requests from residents of new areas, but there are exceptions.

• A Member is free to respond to letters and other communications on legislative issues received from residents of new areas.

• A Member may not hold an official town hall meeting in a new area, but a Member may sponsor events in new areas using campaign funds or resources, provided that certain requirements are observed.

• Any further questions should be directed to either the Office of Advice and Education of the Standards Committee at x5-7103 or the House Administration Committee at x5-8281 (majority) or x5-2061 (minority).

¹ The handbook also provides that, "Only expenses the primary purpose of which are official and representational and which are incurred in accordance with the Handbook are reimbursable."  The text of the handbook is available on the House Administration Committee Web site.

² "Mass mailing" is defined in the statute as any mailing with substantially identical content totaling more than 500 pieces in a session of Congress. Questions on specific mailings should be directed to the Franking Commission at x5-9337.

³ However, even on such a matter, a Member would be prohibited, under the above-noted rules, from either sending a mass mailing to anyone outside his or her district, or holding a town meeting outside the district.