Overview
Members and employees of the House of Representatives are frequently presented with opportunities to interact with various groups and organizations. In addition, Members are often asked to lend their names to outside undertakings or otherwise to assist in advancing private endeavors.
This chapter discusses the standards Members and employees must observe regarding the activities of organizations they establish to support their official functions. The chapter also addresses restrictions on working cooperatively with private, or “outside,” entities. A primary consideration in any contemplated arrangement with a private entity is the need to distinguish clearly between official congressional actions and outside activities in which the Member engages.
House Rule 24 prohibits the use of outside funds or in-kind support to supplement congressional allowances. And the reverse is also true: Members and employees of the House are prohibited from using official resources for any private purpose.1
The decision whether 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 funds or in-kind support except a limited use of campaign funds, as described below, may be used to support the activity under House Rule 24. Conversely, if an event is deemed to be other than an official function, official resources may not be used. An activity may not be treated as both official and unofficial.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 governmental entities. These considerations do not prevent the personal involvement of Members in various functions, including by lending their names to support specific causes, provided no appearance of official sponsorship is created.
1 See 31 U.S.C. § 1301(a).
2 See House Comm. on Standards of Official Conduct, Advisory Opinion No. 6 (Sept. 14, 1982), reprinted in the appendices. |