XIII. Guidance on Intern, Volunteer, and Fellow Programs

LETTER OF JUNE 29, 1990[1]

Dear Colleague:

The Committee on Standards of Official Conduct has received a number of inquiries regarding the propriety of House offices accepting services from volunteers,[2]interns,[3] fellows,[4] and others who receive no salary from the House of Representatives. This is to explain the Committee’s policy on this subject for all Members and House offices.

House Rule 24, “Prohibition of Unofficial Office Accounts,” was adopted by the House on March 2, 1977, along with other recommendations of the Commission on Administrative Review. H. Res. 287, 95th Congress, 123 Congressional Record 5933-
53. In recommending the rule, the Commission posed the question: “Is it proper for a private corporation, independent businessman, or anyone else to pay for the conduct of the House’s official business?” The Commission concluded that the answer was “no,” that a “wall” should exist between official and unofficial funds. H. Doc. No. 95- 73, Financial Ethics, 95th Cong., 1st Sess., p. 17.

In Advisory Opinion No. 6, interpreting the unofficial office account prohibition, the House Select Committee on Ethics concluded that in addition to money, Rule 24 prohibits the private, in-kind contribution of goods or services for official purposes. The Select Committee found that “no logical distinction can be drawn between the private contribution of, in-kind services and the private contribution of money, and that both perpetuate the very kind of unofficial office accounts and practices that are prohibited” by the rule. H. Rep. No. 95-1837, 95th Cong., 2d Sess., Final Report of the Select Committee on Ethics, p. 65.

However, the Select Committee did recognize several exceptions to the general prohibition against the acceptance of services, including the following:

Services provided by federal, state, or local government agencies;

Intern, fellowship, or similar educational programs that are primarily of educational benefit to the individual, as opposed to primarily benefiting the Member or office, and which do not give undue advantage to special interest groups.

Accordingly, while House Rule 24 generally prohibits Members from accepting either the services of volunteers or of individuals compensated for congressional duties by an outside entity, limited authority exists to accept the services of volunteers, interns, and fellows.

In this regard, the Select Committee expressed the view that the intent and spirit of House Rule 24 would be violated if a congressional office attempted to supplement official allowances by directly or indirectly raising, receiving, or disbursing contributions, if such contributions were to be used to compensate individuals working in a House office, or used to support programs which placed interns, fellows, or volunteers in House offices. The prohibition against engaging in such activities applies to both Members and staff.

Also relevant to this issue is 31 U.S.C. § 1342, as follows:

An officer or employee of the United States Government or of the District of Columbia government may not accept voluntary services for either government or employ personal services exceeding that authorized by law except for emergencies involving the safety of human life or the protection of property.

In Opinion B-69907, issued February 11, 1977, the Comptroller General of the United States determined that the statute applies to Members of Congress and other officers and employees of the Legislative Branch. However, because the statute was enacted to prevent funding deficiencies, it was deemed not to prohibit a Member of Congress from utilizing volunteers to assist in the performance of official functions of the Member’s office, provided such volunteers agree in advance to serve without compensation, so that there is no basis for a future claim for payment.

The acceptance of services from volunteers not associated with an established program potentially raises other concerns. Individuals who are not House employees [5] are not subject to rules and statutes governing their conduct. However, such individuals may be in a position to take actions and make representations in the name of a Member, for the Member may be responsible. The Member or office may also be subject to a claim of liability for work-related injuries to, or caused by, a volunteer.

In view of the above, the Committee has established the guidelines set forth below to Members and House offices considering acceptance of the services of interns, fellows, or volunteers who will not be paid by the House of Representatives.

INTERN AND FELLOWSHIP PROGRAMS

A Member or House office may accept the temporary services of an intern participating in a program, as discussed below, which is primarily of educational benefit to the participant, irrespective of whether the individual is being compensated by a third-party sponsoring organization.

Similarly, a Member or House office may accept the temporary services of a fellow participating in a mid- career education program, as discussed below, while the individual receives compensation from his or her employer.

An intern or fellowship program should be operated by an entity not affiliated with a congressional office, and the organization should be willing to indicate its sponsorship of the intern or fellow in writing.

House Members and staff may not raise or disburse funds for programs which place interns or fellows in their own offices, nor may congressional offices solicit or recruit volunteers. Members do, however, have the right to select or approve those who will be working in their offices.

While intern and fellowship programs are often sponsored by educational institutions, other public or private organizations may act as sponsors, provided the arrangement does not give undue advantage to special interests. In that regard, the Member accepting the services of an intern or fellow should not assign him or her to duties that will result in any direct or indirect benefit to the sponsoring organization.

VOLUNTEERS

A Member may accept volunteer services from his or her own immediate family, i.e., spouse, children, or parents (although Federal law, at 5 U.S.C. § 3110, prohibits Members from appointing relatives to paid positions); this is consistent with regulations of the Committee on House

Administration which allow Members to use their own personal resources to support the activities of their own offices.

A Member or House office may accept the temporary services of a volunteer, provided the Member or office has a clearly defined program to assure that: (1) the voluntary service is of significant educational benefit to the participant; and (2) that such voluntary assistance does not supplant the normal and regular duties of paid employees. In this regard, limitations should be imposed on the number of volunteers who may assist a congressional office at any one time, as well as the duration of services any one volunteer may provide. Voluntary assistance to a congressional office should not be solicited.

A volunteer should be required to agree, in advance and in writing, to serve without compensation and to not make any future claim for payment, and acknowledge that the voluntary service does not constitute House employment.

(Obviously, a Member or House office wishing to use the services of an individual seeking to volunteer may also place the individual in a temporary intern position on the Member’s clerk hire payroll or other personnel fund, as authorized by the Committee on House Administration. The individual may also be referred to an organization which sponsors an internship.)

Volunteers, interns, and fellows should be made aware of the implications their activities have for the Member in whose office they work. The Committee recommends that Members and House offices obtain the agreement of such individuals that, although not House employees, they will conduct themselves in a manner which reflects creditably on the House. Members are also encouraged to obtain the Committee’s approval for any volunteer, intern, or fellowship program in which they wish to participate.

The above guidelines do not prohibit a Member or other House office from accepting services, including detailed staff, provided on an official basis by a unit of Federal, state, or local government. (House staff and resources may not, however, be similarly used to perform the work of other governmental units, or of any private organization.)

As a related matter, House Rule 23, clause 11, part of the Code of Official Conduct, provides that a Member of the House of Representatives shall not authorize or otherwise allow a non-House individual or organization to use the words “Congress of the United States,” “House of Representatives,” or “official business” on any letterhead or envelope. The intent of this provision is to prevent persons who are not Members, officers, or employees of the House from represent that their activities are officially sponsored or sanctioned. This prohibition also extends to other printed matter, such as business cards. Accordingly, individuals not paid by the House of Representatives may not use or obtain business cards or other materials suggesting an employment relationship with the House.

Any questions concerning these matters should be directed to the Committee’s Office of Advice and Education at 225-7103.

Sincerely,

JULIAN C. DIXON
Chairman

JOHN T. MYERS
Ranking Minority Member