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.