U.S. Senate Select Committee on Ethics

Prohibition of Unofficial Office Accounts

The guidance herein is intended as a summary of relevant Senate Rules, federal law, and related standards of conduct. The application of ethics laws, rules and standards of conduct is fact-specific, and the information herein is not meant as a substitute for obtaining the Committee’s advice and guidance on a particular matter. Providing advisory guidance to Members, officers, and employees is an important part of the Committee’s work, and the Committee strongly encourages Members, officers, and employees to contact the Committee and seek advice whenever possible.

General Rule

Senate Rule 38 prohibits “unofficial office accounts,” that is— private donations, in cash or in kind— in support of official Senate activities or expenses. Conversely, official resources may not be used for any unofficial purpose. See 31 U.S.C. § 1301(a).

Under Senate Rule 38, expenses incurred in connection with official duties must be paid from one of three primary sources of funds:

Official (appropriated) funds. The expenditure of official funds is generally under the jurisdiction of the Committee on Rules and Administration.
A Member’s (but not an employee’s) personal funds.
A Member’s excess principal campaign committee funds. A Member may only use excess principal campaign committee funds to supplement their own personal office, not a Senate committee or other office. The use of excess principal campaign committee funds is further regulated by federal law, which prohibits the use of such funds for franked mail, employee salaries, office space, furniture or equipment, and any associated information technology services (excluding handheld communications devices). The expenditure of excess principal campaign committee funds is also under the jurisdiction of the Federal Election Commission (FEC).

Use of Official Senate Funds

Please consult the Committee on Rules and Administration with questions regarding the use of Senate funds.

Exchange of Information between Private Parties and Senate Offices

The nature of the legislative process contemplates and even encourages the free flow and exchange of ideas and information between private parties and Senators and their staff. Accordingly, Senators and staff may seek and accept advice on legislative issues from outside organizations, and outside organizations may voluntarily provide ideas, information, memoranda, research, and legislative language. Senators and staff, however, may not direct or control an outside organization to do Senate work.

Support by Governmental Entities

Senate Rule 38 prohibits private subsidy of Senate activities. However, Members, officers, and employees may accept limited support by federal, state or local government entities. Government entities may cooperate with a Senator in carrying out a specific event or activity, but may not make a continuing or sustaining contribution to a Senator’s office. Government entities also may not provide funds or defray expenses for use of the frank, employee salaries, office space, or equipment.

Co-Sponsored Constituent Service Events

A Senator may participate in official constituent service events co-sponsored with public or private entities. The event’s purpose must be to provide information or some other service to constituents, and it may not be simply a gathering of representatives of those sponsoring the event. A co-sponsor of a constituent service event must:

Have a common core of interest with the Senator in the subject matter of the event by virtue of the cosponsor’s routine business activities;
Participate in and attend the event; and
Not be a mere financial contributor.

Senators may pay for their travel and that of their staff with official funds. However, expenses of a Senator or employee connected with such an event may not be paid by the co-sponsors of the event.

All co-sponsors must be listed in equal prominence on invitations or other literature promoting the event.

Interns, Fellows, and Detailees

Senators may participate in intern, volunteer, and fellowship programs that are primarily of educational benefit to the interns, volunteers, or fellows. The supervising Senator is responsible for determining that the program is primarily for the educational benefit of the individual, rather than primarily a means of performing the official activities of the Senate office.

A participant that is paid by or accepts expenses that are primarily funded by a single company, individual, or industry may not work on issues related to the interest of the individual, company, or industry providing such funding. Like all Senate employees, participants must avoid any conflicts of interest or the appearance of conflicts between their duties to the Senate and their responsibilities with any outside entity, including their internship/fellowship sponsor.

Required Filings

Agreement to Comply with the Senate Code of Official Conduct – Detailees (Form 41.3)

This form is for detailees from any department or agency of the federal government. It is an agreement to comply with the Senate Code of Official Conduct. Before the detailed service will be approved, this form must be filed with the Committee on Rules and Administration (original), and a copy must be submitted to the Ethics Committee.

Agreement to Comply with the Senate Code of Official Conduct – Interns, Volunteers, and Fellows (Form 41.4)

If an intern, volunteer, or fellow performs full-time services for more than 90 days for the Senate (whether compensated by an outside source or not), the individual is required to agree in writing to comply with the Senate Code of Official Conduct.

Supervisor’s Report on Individuals Who Perform Senate Services (Form 41.6)

The supervising Senator or officer of an intern, volunteer, or fellow who works for more than four weeks and receives compensation for those services from any source other than the United States Government must publicly report the source and the amount or rate of compensation paid to the individual to the Office of Public Records (1) when the person begins Senate service; (2) on a quarterly basis during the dates of service; and (3) when the individual ceases Senate service.

Financial Disclosure Reports

An intern, fellow, or detailee working in the Senate for more than 60 days and paid at a rate equal to or in excess of 120% of GS–15 ($147,649 for CY 2024), regardless of the source of compensation, must file a Financial Disclosure Report pursuant to the Ethics in Government Act. The requirement to file Financial Disclosure Reports with the Senate applies regardless of whether the individual already files Financial Disclosure Reports with another government agency. For more information, see Financial Disclosure.

Permissible Officially-Related Uses of Campaign Funds

Federal campaign finance laws and Senate Rule 38 provide that funds from a Senator’s principal campaign committee may be used to defray certain ordinary and necessary expenses incurred in connection with the Senator’s duties as a federal officeholder. Conversion of campaign funds to personal use is prohibited.

Mailing Lists

Mailing lists from outside sources, including campaign or political organizations, may be purchased for fair market value with official funds (subject to the rules and regulations of the Committee on Rules and Administration), so long as the incorporation of the list complies with Senate Rule 40.5 —that is, the list does not identify the individuals as campaign workers or contributors, as members of a political party, or by any other partisan political designation.

As a general matter, if an expense is deemed by a Senator to be related to official duties, then the expense may be paid with either (or a mixture of) Senate funds, the Senator’s personal funds, or excess funds of the Senator’s principal campaign committee. Because principal campaign committee funds could be used to obtain the mailing lists from the campaign, it would be acceptable for a Senate office to accept the list from the campaign free of charge.

Handheld Communication Devices

As established by federal law and Interpretative Ruling 444, a Member may use their excess principal campaign committee funds to purchase a handheld communication device (e.g., smartphone) and its associated information technology services to be used by that Member or their employee for both official and campaign purposes. While it is permissible to have such a dual-purpose device, it may not be used for campaign purposes while on Senate time or in Senate space.

Legal Expenses

A Member may use their excess principal campaign funds to pay legal expenses incurred in connection with their official duties or the official duties of their staff, but only with the prior written approval of the Committee. These funds remain campaign contributions, and therefore remain subject to all the restrictions and prohibitions of other campaign contributions, including the reporting requirements, contribution limits, and prohibitions on corporate, labor union, and government contractor contributions.

Flag Requests

Pursuant to Senate Resolution, payments or reimbursements from official Senate funds shall never be made for donation or gifts of any type, except gifts of flags which have been flown over the Capitol, and copies of the ‘‘We, the People’’ book and calendar. However, a flag purchased with Senate funds may only be gifted to public organizations, such as churches, schools, and patriotic service groups. Members may use campaign funds to purchase flags for other types of organizations if the Member deems the donation of the flag to be officially-connected.

Prohibited Official Uses of Campaign Funds

Members may not use campaign funds for:

Franked mail
Employee salaries
Office space
Furniture
Equipment and any associated information technology services (excluding handheld communications devices)
Committee expenses

What is an “unofficial office account”?

An unofficial office account is a private donation, in cash or in kind, in support of official Senate activities or expenses. Senate Rule 38, which prohibits unofficial office accounts, is a broad prohibition on the use of private resources to do the work of a Senate office.

What funds may a Senate office use to pay for official expenses?

Under Senate Rule 38, expenses incurred in connection with official duties must be paid from one of three primary sources of funds:

Official (appropriated) funds. The expenditure of official funds is generally under the jurisdiction of the Committee on Rules and Administration.
A Member’s (but not an employee’s) personal funds.
A Member’s excess principal campaign committee funds. A Member may only use excess principal campaign committee funds to supplement their own personal office, not a Senate committee or other office. The use of excess principal campaign committee funds is further regulated by federal law, which prohibits the use of such funds for franked mail, employee salaries, office space, furniture or equipment, and any associated information technology services (excluding handheld communications devices). The expenditure of excess principal campaign committee funds is also under the jurisdiction of the Federal Election Commission (FEC).

As a Senate employee, can I pay for official expenses using my personal funds?

Generally no. While Senate Rule 38 allows Members to use their own personal funds to supplement their Senate offices, the same is not true of officers or employees. However, there is an exception for certain de minimis officially-related expenses, such as local travel expenses or travel expenses in excess of maximum Senate per diem.

A lobbying firm has sent our office unsolicited proposed legislative language. Can we accept their proposed language?

Generally yes. The nature of the legislative process contemplates and even encourages the free flow and exchange of ideas and information between the public—including interested individuals or organizations—and Senators and their staffs. However, under Senate Rule 38, while Senators and staff may seek and accept advice on legislative issues from outside organizations, they may not exercise direction or control over the activities of an outside individual or organization in an effort to supplement official resources.

A local think tank has offered to support our legislative initiative by having their employees work on parts of our draft bill as assigned by our legislative director. May we accept their offer?

No. While Members and staff may engage in a free exchange of ideas with outside groups, including discussing ideas on specific legislation, they may not exercise direction or control over the activities of an outside individual or organization in an effort to supplement office resources.

My supervising Senator is planning an official town hall event. A nonprofit organization has offered to provide space, equipment, and food for the event. Can we accept?

No. Because this is an official Senate event, expenses associated it with it must be paid from one of the funding sources described above (i.e., official funds, the Member’s personal funds, or the Member’s excess principal campaign funds). There are only two exceptions to this general rule, neither of which applies here. The first exception allows Senate offices to accept limited donations from state and local government entities to defray official expenses, subject to certain restrictions. For more information on this exception, please see page 113 of the Senate Ethics Manual. The second exception is for a specific type of event called a Cosponsored Constituent Service Event. This exception allows a Senate office to participate in an event with public or private entities if the event conforms to a specific structure. For additional information on this exception, please see page 112 of the Senate Ethics Manual.

My supervising Senator is speaking at a local chamber of commerce’s annual meeting. The chamber of commerce has asked our office to distribute invitations to the annual meeting using our constituent mailing list. Can we do so?

No. Just as an outside organization may not supplement the core work of the Senate, Senate resources may not be used to do the work of an outside organization. This principle derives in large part from federal appropriations law. Under this principle, while Members may attend and speak at an outside organization’s event, no official resources may be used to fund, organize, or carry out the event. Sending invitations to the event is part of the work of organizing the event, and therefore must be done by the event sponsor.

I work in a personal office, and my supervising Senator wants me to attend a conference in another state. Official funds are not available to pay my travel expenses. What other options does my office have to pay my travel expenses?

In lieu of official funds, a Senator may, consistent with Senate Rule 38, use their personal funds or excess principal campaign committee funds to pay expenses incurred in connection with official duties. The use of excess principal campaign funds is subject to additional restrictions not applicable here. A Member is not permitted, for example, to use excess principal campaign funds to pay for committee-related expenses, including travel. Please contact the Committee for additional guidance regarding the use of excess principal campaign funds.

Can my office accept fellows and interns who are paid by outside sources?

Yes. Fellowship and internship programs do not violate Senate Rule 38 provided that the program is primarily for the educational benefit of the fellow or intern, rather than being a means of performing core functions of Senate employees.

Under Senate Rule 41, fellows and interns paid by outside sources must comply with the Senate Code of Official Conduct in the same manner and to the same extent as an employee of the Senate. This includes the rules governing conflicts of interest.

Where a fellowship or internship program is funded by an outside entity, the participant may not work on issues related to the interest(s) of that entity.

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Address: 220 Hart Building, United States Senate, Washington, DC 20510

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U.S. Senate Select Committee on Ethics

Prohibition of Unofficial Office Accounts

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Required Filings

Mailing Lists

Handheld Communication Devices

Legal Expenses

Flag Requests

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