MEMORANDUM FOR ALL MEMBERS, OFFICERS AND EMPLOYEES

Nancy L. Johnson, Chairman
Jim McDermott, Ranking Democratic Member 

SUBJECT: 

Revised Solicitation Guidelines 

In this Memorandum, the Committee on Standards of Official Conduct announces two new restrictions on solicitation by Members, officers, and employees of the House: 

1.    No Member, officer, or employee of the House may solicit funds for any organization (other than campaigns and other political entities) which is established or controlled by Members of Congress, unless the organization's principal activities are unrelated to a Member's official duties. 

2.    A Member may no longer use a facsimile of official stationery for his or her own campaign. 

These new restrictions are discussed in more detail in the general discussion of the rules on solicitation which follows.  SOLICITATION GUIDELINES

A government-wide restriction on the solicitation of funds, codified at 5 U.S.C. § 7353, bars Members, officers, and employees of the House from asking for or accepting anything of value from anyone who seeks official action from the House, does business with the House, or has interests that may be substantially affected by the performance of official duties. The statute covers the solicitation of "anything of value," regardless of whether the official personally benefits from it. The only exceptions are those expressly permitted by the Committee on Standards of Official Conduct, as supervising ethics office for the House. 

A.  Soliciting for Charities and Other Organizations 

On October 9, 1990, the Committee announced a generic exception from the solicitation restriction for efforts on behalf of charities qualified under section 170(c) of the Internal Revenue Code, so long as no official resources are used, no official endorsement is implied, and no direct personal benefit results for the soliciting Member. The same announcement explained that questions regarding solicitations on behalf of other entities would be decided as they arise. 

The Committee has generally granted exceptions to 5 U.S.C. § 7353 to allow Members, officers, and employees to solicit funds on behalf of non-profit organizations, subject to the same restrictions that apply to efforts on behalf of a qualified charity, i.e., no official resources may be used, no official endorsement may be implied, and no direct personal benefit results. No solicitation may bear official letterhead, "Congress of the United States," "House of Representatives," "official business," or the Great Seal (House Rule 43, clause 11; 18 U.S.C. § 7133. Moreover, regulations of the House Office Building Commission prohibit soliciting and other nongovernmental activities in facilities of the House of Representatives. Reprinted in HOUSE ETHICS MANUAL, 102d Cong., 2d Sess. 235-237 (1992). 

While each of these restrictions on solicitation continues to apply, it is now the further policy of this Committee that Members' officers, and employees of the House may not solicit funds for any organization -- regardless of tax status -- which is established or controlled by Members of Congress. The only exceptions are campaigns and other political entities (see below), and organizations whose principal activities are unrelated to a Member's official duties. The Committee believes that, in light of the relationship between such an organization and its affiliated Members, there is an inherent risk that its operations will improperly subsidize the operations of congressional offices in violation of House Rule 45. 

Questions as to whether an organization's activities are unrelated to a Member's official duties should be directed to the Committee's Office of Advice and Education at 225-3787. 

Example 1.  Member A has been asked to solicit funds on behalf of Organization V, a charity which is qualified under § 170(c) of the Internal Revenue Code. It was not established, nor is it controlled, by Members of Congress. Member A may solicit funds on behalf of Organization V, subject to the restrictions set forth above (no use of official resources, etc.). 

Example 2.  Member B has been asked to solicit funds on behalf of Organization W, a non-profit social welfare organization which is not qualified under § 170(c). It was not established, nor is it controlled, by Members of Congress. Because Organization W does not fall within the generic exception which applies to § 170 (c) organizations, Member B must obtain written approval from the Committee before soliciting funds on behalf of Organization W. 

Example 3.  Member C has been asked to solicit funds on behalf of organization X, an educational foundation which is qualified under § 170(c). It was established by Members of Congress. Its purpose is to provide Members of Congress with information and research about pending legislation. Because the principal activities of Organization X are related to a Member's official duties, Member C may not solicit funds on behalf of Organization X. 

Example 4.  Member D wishes to solicit funds on behalf of Organization Y, a local arts organization which is qualified under § 170(c). It was established by Member D. Because the principal activities of Organization Y are unrelated to a Member's official duties, Member D may solicit funds on behalf of Organization Y, subject to the restrictions set forth above (no use of official resources, etc.). 

Example 5.  Organization Z asks Member E to send out a fundraising letter on its behalf on Member E's congressional letterhead. Member E may not do so. 

B.  Political Fundraising 

The Committee does not construe 5 U.S.C. § 7353 to prevent Members, officers, or employees of the House from raising funds for campaigns or other political entities. Members, officers, and employees are thus not required to seek or obtain this Committee's permission to engage in campaign or political fundraising. They must, however, comply with the following statutes, rules and regulations which govern the solicitation and acceptance of campaign funds. 

No Use of Official Resources. Under 31 U.S.C. § 1301(a) and under the regulations of the Committee on House Oversight, official resources and allowances may be used only for official activities. Members and House employees are thus prohibited from using any official resources (such as congressional letterhead and telephones, copiers, and fax machines in congressional offices), to solicit campaign funds. 

No Solicitation from Federal Employees. Federal criminal law (18 U.S.C. § 602) prohibits Members of Congress, candidates for Congress, and Federal employees from knowingly soliciting political contributions from Federal employees, including employees of the House of Representatives. The statute does not, however, apply to soliciting political contributions from Members of Congress.¹ The statute prohibits the "knowing. solicitation of contributions from Federal employees; inadvertent solicitations, such as when part of a general fundraising campaign aimed at the public at large, do not violate the statute. Moreover, it prohibits only the solicitation, and not the receipt, of political contributions from Federal employees.² 

No Solicitation in Federal Offices. Federal criminal law (18 U.S.C. § 607) makes it unlawful to solicit campaign contributions "in any- room or building occupied in the discharge of official duties" by any Federal employee. Moreover, regulations of the House Office Building Commission prohibit soliciting and other nongovernmental activities in facilities of the House. Reprinted in HOUSE ETHICS MANUAL at 235-37. Thus, campaign contributions may not be solicited in the Capitol, House office buildings, or in district offices. (This statute also prohibits the receipt of campaign contributions in Federal office buildings; however, contributions received in congressional offices may be accepted, provided that they were not solicited in a manner which directed the contributor to send the contribution to the congressional office, and that they are forwarded within seven days to the appropriate campaign organization.) 

No Use of Facsimile of Official Stationery. While each of the above restrictions continues to apply to political fundraising, it is now the further policy of the Committee that Members may no longer use facsimiles of their official stationery for campaign purposes. House Rule 43, clause 11; provides: 

A Member of the House of Representatives shall not authorize or otherwise allow a non-House individual, group, or organization to use the words "Congress of the United States", "House of Representatives n, or "Official Business", or any combination of words thereof, on any letterhead or envelope. 

In 1979, when the Committee issued an Advisory Opinion (reprinted in HOUSE ETHICS MANUAL at 325-27) regarding this rule, it determined that the phrase "non-House individual, group, or organization" in the rule did not extend to a Member's principal campaign committee or to the Democratic and Republican Congressional Campaign Committees. The Committee therefore took the position that the rule would not prevent a Member from using a facsimile of official stationery (which is likely to include "Congress of the United States", "House of Representatives", or both) for his or her own campaign. Since a letter advocating a Member's reelection or soliciting campaign contributions must include a conspicuous statement indicating the sponsor of the communication (generally, the campaign committee),³ it was thought unlikely that such a letter would be misinterpreted as an official communication from the House. 

However, since the 1979 Advisory Opinion was published, Congress has amended the law relating to official-appearing stationery. Under the Deceptive Mailings prevention Act of 1990 (39 U.S.C. § 3001(h)-(i)), any solicitation by a non-governmental entity, which uses any insignia, term or symbol implying Federal Government connection, endorsement, or approval, must carry a disclaimer, both on the internal documents and on the envelope, conspicuously stating that it is not an official mailing. The term "nongovernmental entity" in the Act applies to a Member's campaign. See HOUSE Ethics MANUAL at 281-82. Moreover, two provisions of the Federal criminal code militate against the use of facsimiles of official stationery for campaign mailings. One, 18 U.S.C. § 713, prohibits the knowing display of a likeness or facsimile of the Great Seal on (among other things) stationery, in a manner reasonably calculated to convey a false impression of sponsorship or approval by the U.S. Government; display of the Seal on stationery used for solicitation of funds or political support has been regarded by the Department of Justice as a violation of this provision. See HOUSE ETHICS MANUAL at 282.⁴ Second, as noted above, it is unlawful to solicit or receive campaign contributions in any Federal office building. Campaign solicitations bearing letterhead listing the addresses of a Member's offices could be viewed by the Department of Justice as violating this provision. 

In light of these provisions, and to ensure that the public is not misled by campaign solicitations which may appear to be official mailings, the Committee declares that it will no longer interpret Rule 43, clause 11, to exclude Members' campaigns and party campaign committees. As a result, as of May 1, 1995, Members may no longer use facsimiles of their official stationery for campaign purposes, including fundraising letters.⁵ 

Example 1.  Member A wishes to send a letter soliciting funds for his own campaign. The letter will be on his campaign stationery, which contains a depiction of the Capitol Dome, the words "A for Congress," the address and telephone number of Member A's campaign office, and a statement that the letter was "Paid for by the A for Congress Committee. " Member A may send the letter, subject to the restrictions set forth above (no use of official resources, etc.). 

Example 2.  Member B wishes to send a fundraising letter for a candidate for governor in her home state, on the candidate's campaign stationery. Member B may sign the letter. 

Example 3.  Member C wishes to send a letter soliciting funds for his own campaign. The letter will be on stationery which contains the words "U.S. House of Representatives, " and the address and telephone number of Member C's congressional offices. Member C may not send the letter, because Rule 43, clause 11, prohibits the use of the phrase "U.S. House of Representatives" by non-House organizations, and because a campaign solicitation bearing letterhead listing a Member's congressional offices could be viewed as violating the law prohibiting the solicitation of campaign contributions in Federal office buildings. 

If you have questions or would like further information, please call the Committee's Office of Advice and Education at 225-3787. 

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¹Thus, while neither Members nor House employees may knowingly solicit campaign contributions from House employees, both Members and employees may solicit contributions from Members. 

²However, under a separate provision of the federal criminal code (18 U.S.C. § 603), a congressional employee may not make political contributions to his or her employing Member or employing authority. HOUSE ETHICS MANUAL 102d Cong., 2d Sess. 287-90 (1992). 

³2 U.S.C. § 441d. Note that this statute requires an affirmative disclosure of the source of the communication (e.g., ×Paid for by the Doe for Congress Committee.); a mere statement of who is not the source (e.g., "Not printed at Government expense.) does not suffice. 

⁴The former General Counsel of the House has distinguished the Great Seal from "congressional seals," which may be used by Members on Christmas cards and other items that are neither printed nor mailed at official expense. See HOUSE ETHICS MANUAL at 282. Nevertheless, to avoid any dispute as to whether "congressional seals. are facsimiles of the Great Seal, Members are encouraged to use a likeness of the Capitol Dome on campaign stationery instead. The Dome is in the public domain and therefore is not protected in the same manner as the Great Seal. 

⁵0ther information which is displayed on of ficial stationery, such as the district served by the Member and the Member's committee assignments, may be used on campaign stationery. Use of this information is not restricted by Rule 43, clause 11, or by the statutes cited above.