A Legislative Service Organization (LSO) is an organization comprised solely of Members of Congress and financed exclusively from official allowances, which provides legislative support to the Members. LSO's are governed by regulations of the Committee on House Administration. Neither LSO's nor any less formal caucuses that are similarly supported with official funds may receive any outside income or contributions from unofficial sources.
Members may not permit any non-House organization or individual to use expressions or symbols that might erroneously convey official endorsement, particularly of a commercial enterprise.
Joint endeavors, undertaken with a combination of private resources and officials funds, are generally prohibited. This does not preclude the personal involvement of Members and employees with private undertakings, including lending their names to specific causes. However, congressional resources may not be used to support private activities and no official endorsement may be suggested. Members have greater leeway in undertaking cooperative programs with Federal, state, and local government agencies.
Members and employees of the House of Representatives are continually presented with opportunities to interact with various groups and organizations. For example, Members may find it advantageous to pool resources in pursuit of a common legislative goal, staff may seek an informal forum in which to meet individuals in other offices and exchange ideas, or groups outside of Congress may seek support from Members for public and private initiatives. In addition, Members are often asked to lend their names to outside undertakings or otherwise to assist in advancing essentially private endeavors.
This chapter discusses the standards Members and employees must observe regarding the composition and activities of organizations they establish to support their official functions. The chapter also addresses restrictions on the ways in which a Member of Congress can work cooperatively with private entities. A primary consideration in any contemplated arrangement is the need to distinguish clearly between official congressional actions and other activities in which the Member engages.
House Rule 45 prohibits using outside funds or services to supplement congressional allowances. But the reverse is also true: Members and employees of the House are prohibited from using official resources for any private purpose. (FOOTNOTE 1)
(FOOTNOTE 1) See 31 U.S.C. 1301(a).
The decision to define an event as official or not generally lies within the discretion of the Member. This decision controls who can pay and how both Members and outside organizations can participate. If a Member determines that an activity is official, no private funding or in-kind support would be appropriate under House Rule 45. Conversely, if an event is deemed not to be an official function, resources provided by House allowances may not be utilized. An activity may not be treated as both official and unofficial. (FOOTNOTE 2) Thus, joint endeavors, which would be supported with a combination of private resources and official funds, are generally prohibited. This restriction precludes joint activities even with charitable or educational organizations, although not with other units of government. These considerations do not prevent the personal involvement of Members in various functions, including lending their names to support specific causes, as long as no appearance of official sponsorship is created.
(FOOTNOTE 2) See House Comm. on Standards of Official Conduct, Advisory Opinion No. 6 (Sept. 14, 1982), reprinted in 128 Cong. Rec. 24349 (Sept. 21, 1982) and at the end of Chapter 8 of this Manual.
(FOOTNOTE 3) These regulations, adopted on October 21, 1981, are included in Comm. on House Admin., Report of the Ad Hoc Subcommittee on Legislative Service Organizations, 97th Cong., 2d Sess. 13-15 (1982).
An LSO must meet the following criteria:
* The organization must consist solely of Members of the House or Members of the House and Senate, 30 of whom or two thirds of the organization's membership, whichever is less, attest that they are sponsors;
* It must operate solely to provide legislative service or other assistance to its members in the performance of official duties;
* Resources may be provided through allocation of expenses to, or dues or assessments from, the allowances of Members of Congress, but no income or contributions either in cash or in kind, may be received from any unofficial source;
* The organization may not be incorporated or hold separate tax exempt status; and
* Quarterly public disclosure reports must be filed with the Clerk of the House detailing receipts, expenditures, and activities.
Restrictions on LSO's derived from the principle that ``Members should not be allowed to do collectively -- through a legislative service organization -- what the Rules of the House prohibited Members from doing individually.'' (FOOTNOTE 4) Thus, like any other congressional office, an LSO must comply with House Rule 45; no private resources, whether monetary or in-kind, may be used for its operation. Any group that receives private contributions or income may not receive support from official allowances and may not provide legislative services to Members. Conversely, an LSO may not use official resources to support the operations of a private organization. Like other congressional offices, however, LSO's may distribute to Members reports, analyses or research material prepared by private parties, as long as the true source of the material is disclosed. (FOOTNOTE 5)
(FOOTNOTE 4) Id. at 6.
(FOOTNOTE 5) Id. para. 8, at 14.
Because LSO's are considered extensions of the individual offices of participating Members, staff may be paid from the clerk hire allowance, and administrative costs may be paid via dues or assessments from the official expenses allowance or from Members' personal funds. In addition, because LSO's receive no private contributions or income from any source other than Congress or its Members, they may be located in House-controlled space.
Example 1. A group of Members from agricultural states form an organization to support legislation benefiting farmers. It is certified as an LSO by the Committee on House Administration. Subject to that Committee's regulations, the Members may each contribute some of their official allowances to pay for staffing and operations of the organization.
Example 2. A group of Members organize a caucus to assist them in foreign trade matters. An academic who has written extensively on foreign trade issues offers his assistance. While he may address the group, he may not be a regular member of the caucus.
Example 3. A group of private individuals has formed a caucus to promote environmental legislation. Member A may join the caucus, but may not give it any official standing within the House, nor may any congressional resources, including staff time, be used to do the work of the caucus.
Example 4. A trade association is interested in issues being considered by a group of Members who have formed an LSO. The association offers to ``sponsor'' the LSO by providing clerical assistance and hosting weekly breakfast meetings. The Members may not accept the offer.
Example 5. A trade association is interested in issues being considered by a caucus of Members operating within the House. The association may host a luncheon for members of the caucus, as long as the lunch is not characterized as a caucus function. The invitations should come from the association, not the caucus, since it is a private event.
Some organizations operate within the House for social or occupational interchange, or the general welfare of their members. These associations may receive limited assistance from unofficial sources. For example, various staff clubs and associations, comprised of individuals such as administrative or legislative assistants, support their activities primarily through fees paid by the participants. Such organizations may be allowed to conduct meetings in House facilities. However, since these groups are formed primarily for the benefit of their members and do not directly contribute to the legislative process, they may receive no direct financial support from the House.
While informal organizations may receive some private assistance notwithstanding House Rule 45, other considerations limit the amount of such assistance that may be accepted. As discussed in Chapter 2, the House gift rule (Rule 43, clause 4) prohibits Members, officers, and employees from accepting gifts valued at more than $250 in a calendar year from one source. The receipt of something of value by a group of employees primarily for their own benefit would be a gift subject to the rule, although its value would be apportioned among all the recipients. Additionally, the Code of Ethics for Government Service prohibits any Federal employee from accepting ``benefits which might be construed by reasonable persons as influencing the performance of official duties.'' (FOOTNOTE 6) Given the close relationship between House staff and their employing Members of Congress, individuals and groups of employees should exercise caution in accepting contributions.
(FOOTNOTE 6) Code of Ethics for Government Service para. 5, H. Con. Res. 175, 85th Cong., 2d Sess., 72 Stat., pt. 2, B12 (1958), reprinted at the front of this Manual.
Example 6. An informal organization of staff assistants, which receives no House funding, is planning an open house to encourage new employees to join. The reception may be held in House facilities. A supermarket chain offers to provide sodas for the event. Since the benefit that any individual employee would receive would be well within the gift limit, the organization may accept the offer.
No private group may imply official House sponsorship. The letterheads of a House caucus and any outside organization with related goals should be sufficiently distinct as to avoid any confusion of identities. No outside organization may use any official funds or resources, including House office space, the frank, and staff time. If an employee works for both an official and an unofficial entity, he or she should keep careful time records documenting that neither organization is subsidizing the other. Public and private funds must be kept absolutely separate. While private groups may raise private funds, these funds may not be used to support any official functions. Official and unofficial organizations may not co-sponsor events, although Members, individually or collectively, may cooperate in privately sponsored events, as described below.
(FOOTNOTE 7) See House Comm. on Standards of Official Conduct, Advisory Opinion No. 6, supra note 2, and discussion thereof in Chapters 6 and 8 of this Manual.
Services provided by Federal, state and local government agencies do not fall within the prohibition of House Rule 45. (FOOTNOTE 8) Thus, Members may make use of government facilities and personnel, to the extent permitted by the participating agencies, to support official conferences on such subjects as government procurement, trade assistance, or other Federal programs. Private businesses may take part in such official conferences by manning booths and supplying information to participants, but they should not be identified or advertised as sponsors or hosts of the event in official mailings.
(FOOTNOTE 8) See Select Comm. on Ethics, Advisory Opinion No. 6, reprinted in Final Report of the Select Committee on Ethics, H. Rep. No. 95-1837, 95th Cong., 2d Sess. app. at 64 (1979) and at the end of Chapter 6 of this Manual. Moreover, food, lodging, transportation, and entertainment provided on an official basis by federal, state, and local governments or political subdivisions are exempt from the gift limit of House Rule 43, clause 4. Select Comm. on Ethics, Advisory Opinion No. 7, reprinted in H. Rep. No. 95-1837, supra, app. at 66, and at the end of Chapter 2 of this Manual.
Registration fees may be collected to help defray unreimburseable expenses associated with official conferences, such as luncheons. Although Rule 45 prohibits unofficial office accounts, this Committee has consistently held since the rule's adoption that House Members may establish temporary, noninterest-bearing accounts to hold fees for official conferences. Registration fees should be calculated to cover costs not payable from official allowances without generating a surplus; nevertheless, in some instances a surplus will result. Two alternatives are then available. Excess funds either may be refunded on a pro rata basis to participants, or they may be donated to charity. It should be noted that in the case of a deficiency, the Member cannot use official funds to defray participants' costs.
If a Member holds conferences on a regular basis, a bank account may be maintained with just enough funds from any surplus to cover bank charges and fees. This avoids the multiple costs that would be incurred in closing and reopening accounts. However, maintenance of such accounts at more than a minimum level would be inconsistent with the spirit of the House Rule 45 prohibition on unofficial office accounts. Thus, any surplus from a conference beyond that necessary to keep the account open should be promptly refunded or donated to charity.
This is the only exception of this nature to Rule 45 that the Committee has approved, and it applies only to fees paid by conference attendees to cover their own costs. It would not be appropriate, for example, for a Member to collect funds from a private organization to pay participants' costs, or for a private source to sponsor a luncheon that was part of the official event.
Example 7. Member A may sponsor an official procurement conference, with booths manned by both government and private organizations, but a private group may not be listed as co-sponsor of the event or subsidize the conference in any way. As an official event, the conference should be organized by official staff. Invitations may go out under the frank.
Example 8. Member B wishes to have a luncheon as part of an official town meeting. Registration fees which cover each participant's meal may be collected by the Member's staff and temporarily deposited in a no-interest account, or may be directed to the facility providing the luncheon, but such fees may not be collected by a private third party.
Alternatively, a private entity may wish to involve a Member or group of Members in an event that it is hosting. The Members could be publicly identified as ``cooperating'' in the undertaking. However, the Member or Members could not utilize any congressional resources for the event, including official letterhead, the frank, or inside mail for sending invitations. In conjunction with this event, no private resources could be expended to subsidize legislative services or the Members' performance of official duties. The separate identity of the sponsor should be made clear to all participants, and no Member should take personal credit for an activity actually sponsored or hosted by another organization or individual. Instead, invitations and other literature should make clear that the private source is conducting the activity ``in cooperation with'' or ``in conjunction with'' the Member or Members. Example 9. Advocacy group Z was active in lobbying for Pub. L. No. 005, which was sponsored by Member C. After its enactment, Z plans to host a conference for its members and other interested parties explaining the impact of the new law. Because of C's prominent role in the law's passage, Z invites C to be the keynote speaker at the conference and wishes to list C's name on the invitations. Z may, with C's permission, send out the following invitations (on Z's letterhead and at Z's expense):
No official resources may be used for the conference.
(FOOTNOTE 9) Donnald K. Anderson, Clerk of the House of Representatives, Rules of the House of Representatives, 102d Cong. (1991) (hereinafter House Rules), Rule 10, cl. 1(k).
(FOOTNOTE 10) See, e.g., 2 U.S.C. secs. 57, 57a, 72b, and 95.
(FOOTNOTE 11) See Comm. on House Admin., U.S. House of Representatives Congressional Handbook (Sept. 1985) (hereinafter Congressional Handbook).
When debating the prohibition of House Rule 43, clause 6, against use of campaign funds for other than bona fide campaign purposes, the Members recognized that precise definition of what constitutes an ``official'' expenditure is difficult, if not impossible. (FOOTNOTE 12) The conclusion reached in that debate was that the individual Member must determine if an activity, and the concomitant expense, is more properly characterized as official or campaign-related. In its Final Report to the 95th Congress, the Select Committee on Ethics concurred in this position. (FOOTNOTE 13)
(FOOTNOTE 12) See 123 Cong. Rec. 5900 (Mar. 2, 1977).
(FOOTNOTE 13) H. Rep. No. 95-1837, supra note 8, at 16.
(FOOTNOTE 14) See H. Res. 201, 102d Cong., 1st Sess. (1991).
House Rule 43, clause 11 (FOOTNOTE 15) provides as follows:
(FOOTNOTE 15) Clause 11 was added to the Code of Official Conduct on January 15, 1979. H. Res. 5, 96th Cong., 1st Sess. 7-16.
A Member of the House of Representative 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'', or ``official business'', or any combination of words thereof, on any letterhead or envelope.
This rule is designed to prevent private organizations from using facsimiles of congressional stationery to solicit support or contributions, thereby implying that the message is endorsed by the Congress or is related to the official business of a Member. In providing a general interpretation of the rule, this Committee found that ``the use of congressional letterhead facsimiles by private organizations is a deliberate misrepresentation which reflects discredit upon the House of Representatives.'' (FOOTNOTE 16)
(FOOTNOTE 16) House Comm. on Standards of Official Conduct, Advisory Opinion No. 5, reprinted in 125 Cong. Rec. 7286 (Apr. 4, 1979) and at the end of this chapter.
The rule encompasses reproduction of an official communication in another publication, as well as direct use of official-appearing documents. Even if the specific words mentioned in the rule are not used, authorizing a non-House individual or group to use letterhead, expressions, or symbols conveying the impression of an official communication from the Congress would violate the spirit of House rules, (FOOTNOTE 17) as well as other statutory provisions, as discussed below.
(FOOTNOTE 17) See House Rule 43, cl. 2.
The prohibition of Rule 43, clause 11, is not intended to restrict a Member's official communications or the ability to lend one's name in support of a private group. Thus, a Member's name and title (i.e., Member of Congress) may appear in the letterhead of an organization with which the Member holds an actual or honorary position, provided the letterhead does not indicate an official communication from the Congress.
With respect to the solicitation of funds or other items of value, the Ethics Reform Act of 1989 (FOOTNOTE 18) enacted a new, government-wide restriction. This provision, codified at 5 U.S.C. sec. 7353, now bars Members, officers, and employees of the House of Representatives 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 only exceptions are those expressly permitted by the Committee on Standards of Official Conduct, the supervising ethics office for the House. These statutory restrictions cover the solicitation of ``anything of value,'' regardless of whether the official personally benefits from it.
(FOOTNOTE 18) Pub. L. No. 101-194, 101st Cong., 1st Sess. sec. 303, 103 Stat. 1716, 1746-47 (Nov. 30, 1989), as amended by Pub. L. No. 101-280, 101st Cong., 2d Sess., 104 Stat. 149 (May 4, 1990).
The Committee has granted a blanket exception to section 7353 to allow Members and employees of the House to solicit funds on behalf of charitable organizations, provided that no official resources are used, no official endorsement is implied, and no direct personal benefit results. (FOOTNOTE 19) Private solicitations must be on a non-House group's own letterhead and they may not be franked. (FOOTNOTE 20)
(FOOTNOTE 19) The Committee has similarly excepted campaign solicitations. See Chapter 8 of this Manual for a discussion of the application of Rule 43, clause 11, to a Member's own campaign solicitations.
(FOOTNOTE 20) House Comm'n on Congressional Mailing Standards, Regulations on the Use of the Congressional Frank, ch. 2, sec. 6, at 13 (Sept. 1991).
A Member is responsible for assuring that his or her employees are aware of and adhere to these and other rules, and for assuring that resources provided for support of official duties are applied to the proper purposes. (FOOTNOTE 21) In the 101st Congress, the Committee determined that a Member was ``remiss in his oversight and administration of his congressional office'' regarding a mailing sent out by staff over his signature on his official letterhead. (FOOTNOTE 22) The mailing did not comport with House Rule 43, clause 11, in that it promoted a cruise sponsored by a private organization and requested that follow-up contacts go to the Member's congressional office.
(FOOTNOTE 21) See House Comm. on Standards of Official Conduct, In the Matter of Representative Austin J. Murphy, H. Rep. No. 100-485, 100th Cong., 1st Sess. 4 (1987).
(FOOTNOTE 22) House Comm. on Standards of Official Conduct, Statement Regarding Complaints Against Representative Newt Gingrich, 101st Cong., 2d Sess. 60 (1990).
Example 10. Member A is an honorary, unpaid board member of a charity. A may sign a fundraising letter for the charity, as a Member of Congress, on the organization's own letterhead, in a mailing paid for at private expense.
(FOOTNOTE 23) Code of Ethics for Government Service para. 5, supra note 6.
(FOOTNOTE 24) See House Rule 43, cl. 3.
The prohibition against use of House resources to support unofficial undertakings clearly applies to support of business endeavors. Thus, an outside entity should never be permitted to use congressional stationery to promote a commercial or other unofficial endeavor. When responding to requests for support, Members and staff should draft communications so that they do not lend themselves to misinterpretation as an official endorsement from the Congress. (FOOTNOTE 25) Various House regulations restrict the mailing of commercial materials under the frank and limit the display or distribution of commercial materials in House office buildings. (FOOTNOTE 26)
(FOOTNOTE 25) See House Rule 43, cl. 11.
(FOOTNOTE 26) See House Office Building Comm'n, Rules and Regulations Governing the House Office Buildings, House Garages, and the Capitol Power Plant para. 3 (June 1, 1991), reprinted in Congressional Handbook, supra note 11, at 2.25 and 7.16, and at the end of Chapter 6 of this Manual.
Even absent compensation, employees are restricted by law and rule from private representation of others before the United States Government or the pursuit of others' Federal claims when not in the proper discharge of official duties. Section 205 of title 18 prohibits employees from acting as agent or attorney for another person or organization in prosecuting a claim against the United States or in connection with ``any covered matter.'' A covered matter includes ``any judicial or other proceeding, application, request for a ruling or other determination, contract, claim, controversy, investigation, charge, accusation, arrest or other particular matter.'' (FOOTNOTE 27)
(FOOTNOTE 27) 18 U.S.C. sec. 205(h).
These provisions have generally been enforced in instances where an official's public duties have conflicted with private interests. Enforcement of the Criminal Code is the responsibility of the Department of Justice.
Another provision that would apply to an employee seeking to represent others in Federal matters is House Rule 41. That rule states:
No person shall be an officer or employee of the House, or continue in its employment, who shall be an agent for the prosecution of any claim against the Government or be interested in such claim otherwise than as an original claimant or than in the proper discharge of official duties.
As with 18 U.S.C. sec. 205, there is no requirement in the rule that the representation involve any compensation.
General ethical standards and rules restrict the ability of both Members and employees to engage in undertakings inconsistent with congressional responsibilities. Even the appearance of a conflict may adversely affect public perceptions and confidence. No special advantage should be provided to an outside organization with which a Member is affiliated. Thus, the Committee has consistently advised Members not to take an active role in lobbying Congress on behalf of a private organization since that would conflict with a Member's general obligation to the public.
Example 11. Employee A has developed expertise in a subject. Whether or not that knowledge was gained through her congressional employment, she may not represent others in the area of her expertise before any Government agency, with or without compensation.
Example 12. Employee B may not help a private, not-for-profit organization in his spare time by lobbying Congress or executive agencies.
Example 13. Member C may sit on the board of an organization which, among other things, lobbies Congress, but the Member should not personally supervise the organization's lobbying activities since such action on behalf of a single private group would appear inconsistent with her responsibilities to the public at large.
(FOOTNOTE 27) Congressional Handbook, supra note 11, sec. 2.III.F.13, at 2.57.
Member's official allowances are available to support legislative and representational services to the congressional district from which the Member was elected. (FOOTNOTE 28) On occasion, a Member's publicized involvement in legislation or an issue of national concern will generate significant correspondence from outside the district. Such mail may strain the Member's official resources. The names gathered may also comprise a mailing list that would be potentially valuable to organizations outside the Congress. However, either permitting a private organization to respond to letters received by a Member in an official capacity or providing outside groups access to an official mailing list would violate House rules and Committee on House Administration regulations. Another Member's office is not considered an outside organization. Thus, if a Member is unable or unwilling to respond to nonconstituent inquiries, he or she may refer the correspondence to another Representative for response.
(FOOTNOTE 28) Id. sec. 2.I.A, at 2.1.
Unofficial computerized lists -- whether political or for another purpose -- may not be maintained using House facilities.
Further, using such a computerized list at no cost could be inconsistent with House Rule 45, prohibiting outside subsidy of official activities, and/or Rule 43, clause 6, restricting use of campaign resources to campaign purposes. However, a Member may purchase a mailing list from an unofficial entity (including his or her own campaign committee), at fair market value, provided the list is available on the same terms to any other organization that wants to purchase it (including the campaign of the Member's opponent). For the purchase to be reimbursable from official allowances, it would have to meet the criteria ordinarily attendant to such expenses. In addition, the contents of any computer tape would have to be purged of any campaign or politically related data before it could be used officially.
These rules should not be interpreted technically so as to infringe upon a Member's ability to communicate with constituents. Members may receive membership lists, sets of labels, or names from organizations operating in their districts if those lists, labels, or names either form the basis for an official mailing or are added to the Members's data base with the organization's permission. In either instance, a Member may not accept a mailing list unless the source makes it generally available on similar terms to others.
Example 14. Member A may not share with an outside organization the names of individuals who have written to him on a particular issue.
Example 15. Member B may use official funds to purchase from her campaign committee a list of constituents, as long as any other person could also purchase the list for the same price, and political identifiers are deleted from the list.
Example 16. The local Chamber of Commerce maintains a mailing list of businesses in Member C's district. The Chamber may provide Member C with a set of labels for use on an official mailing on the same terms as it would give the list to others. The office may not use the mailing to help the Chamber update or correct its list.
(FOOTNOTE 1) Issued April 4, 1979.
General interpretation of House Rule XLIII, Clause 11.
House Rule XLIII, clause 11, adopted on January 15, 1979, provides as follows:
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'', or ``official business'', or any combination of words thereof, on any letterhead or envelope.
This addition to the Code of Official Conduct took effect upon adoption. The primary purpose of clause 11 is to prohibit Members from authorizing private organizations to use a facsimile of their congressional stationery to solicit contributions or political support in a direct mail appeal. Such use of congressional letterhead by non-House groups is clearly intended to convey the impression that the solicitation is endorsed by the Congress or is related to the official business of the Member who signs the letter. In adopting clause 11, the House has determined that the use of congressional letterhead facsimiles by private organizations is a deliberate misrepresentation which reflects discredit upon the House of Representatives.
Rule XLIII, clause 11, generally would prohibit a Member from authorizing a non-House individual or group to use that Member's congressional stationery, or any letterhead that purports to be an official communication from the Congress, in any mailing paid for with non-appropriated funds. This prohibition would apply to any letterhead designed in such a manner as to convey the impression that the letter is an official communication. The Committee emphasizes that Rule XLIII, clause 2, directs Members ``to adhere to the spirit and the letter of the Rules of the House of Representatives . . . .'' Therefore, since clause 11 is intended to prohibit solicitations by private interest groups on facsimiles of congressional stationery, it would appear to be a violation of the spirit of that rule if a Member authorized a non-House group to use letterhead that did not contain the words prohibited by clause 11, but which was designed to convey the impression that it is an official communication from the Congress. For example, letterhead which purports to be an official communication by containing a Member's committee assignments, office address, and the ``congressional seal'' would be contrary to the spirit of clause 11. The Committee notes in this regard that title 18 of the United States Code, section 713, specifically prohibits use of the United States seal for the purpose of conveying a false impression of sponsorship by the United States Government.
The clause 11 prohibition is not intended in any way to restrict a Member's communication with the public or his right to lend his name to any organization or interest group. The rule imposes no restriction on a Member's freedom to sign a fund-raising appeal or other solicitation of political support on a non-House group's own letterhead, and be identified as a Member of Congress. Similarly, a Member's name and title may appear in the letterhead of a non-House organization (e.g., if the Member serves in an official capacity or honorary position with that organization), provided that the letterhead does not purport to be an official communication from the Congress.
The terms ``non-House individual, group, or organization'' as used in the rule would not extend to a Member's principal campaign committee. The Committee understands that the clause 11 prohibition on lending congressional letterhead to private groups was not intended to prohibit a Member from using a facsimile of official stationery in fund-raising activities for his own campaign. (FOOTNOTE 2) This interpretation is based on the debate in the Democratic Caucus which recommended adoption of clause 11 on December 6, 1978, and on the legislative history of a similar amendment that was offered to the Ethics in Government Act during the 95th Congress (see Congressional Record, September 20, 1978, page H10212). It should also be noted that the Senate Select Committee on Ethics issued an advisory opinion imposing comparable prohibitions on use of official stationery by non-Senate groups, and did not apply those prohibitions to a Senator's campaign committee.
(FOOTNOTE 2) Other restrictions, however, including the Deceptive Mailings Prevention Act of 1990, Pub. L. No. 101-524, 104 Stat. 2301, pose additional difficulties with regard to use of a facsimile of congressional letterhead in a campaign. See 9 U.S.C. sec. 3001(f) and (g), sec. 3005, discussed in Chapter 8 of this Manual.
The Committee emphasizes again in this regard that the clear intent of clause 11 is to prohibit special interest groups and other private organizations from using congressional letterhead for political solicitations. Such use of congressional stationery facsimiles conveys the false impression that the private group is sponsored or endorsed by the House of Representatives. This is not the case when a Member, strictly on his behalf rather than for a third party, uses a facsimile of his personalized stationery for campaign fund raising appeals or other political mailings. With respect to campaign solicitations, the Committee notes that such letters must include a notice regarding the availability of campaign reports filed with the Federal Election Commission, as required by title 2 of the United States Code, section 435.) 3) Moreover, with respect to other political mailings, the Committee does not believe that it is improper for a Member to use his congressional letterhead to send, for example, thank you notes to contributors or other politically-related letters which may not be mailed under the frank. The Committee is confident that use of a Member's personalized congressional letterhead for political mailings on his own behalf would not be misinterpreted as an official communication from the House of Representatives or an endorsement by the Congress. In sum, the abuse of congressional stationery that clause 11 is designed to correct is not present in the case of a Member's campaign committee, nor was the rule intended to prohibit a Member's use of his congressional letterhead for political mailings.
(FOOTNOTE 3) 2 U.S.C. sec. 441d (a) now requires that campaign fund solicitations and other candidate political communications clearly state that they have been paid for by the candidate's campaign committee.
The prohibitions of clause 11 also would not apply to the Democratic and Republican Congressional Campaign Committees, nor would it apply to the various informal Member organizations or caucuses composed solely of Members of Congress. The ad hoc Member groups, which are quasi-official in nature, and the party campaign committees would not be considered ``non-House organizations'' for purpose of Rule XLIII, clause 11.