[Deschler's Precedents, Volume 3, Chapters 10 - 14]
[Chapter 12. Conduct or Discipline of Members, Officers, or Employees]
[A. Introductory; Particular Kinds of Misconduct]
[Â§ 10. Communications With Federal Agencies]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 1717-1718]
 
                               CHAPTER 12
 
        Conduct or Discipline of Members, Officers, or Employees
 
            A. INTRODUCTORY; PARTICULAR KINDS OF MISCONDUCT
 
Sec. 10. Communications With Federal Agencies

    Guidelines relative to communications that may properly be made by 
a Member to a federal agency on behalf of a constituent have been 
issued by the Committee on Standards of Official Conduct: 
(15)
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15. The Chairman (Melvin Price [Ill.]) of the Committee on Standards of 
        Official Conduct inserted in the Congressional Record an 
        advisory opinion, promulgated by that committee pursuant to 
        Rule XI clause 19(e)(4), establishing guidelines for Members 
        and employees in communicating with departments and agencies of 
        the executive branch on constituent matters. 116 Cong. Rec. 
        1077, 1078, 91st Cong. 2d Sess., Jan. 26, 1970 [H. Res. 796].
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                              Representations

        This Committee is of the opinion that a Member of the House of 
    Representatives, either on his own initiative or at the request of 
    a petitioner, may properly communicate with an Executive or 
    Independent Agency on any matter to:
        Request information or a status report;
        Urge prompt consideration;
        Arrange for interviews or appointments;
        Express judgment;
        Call for reconsideration of an administrative response which he 
    believes is not supported by established law, Federal Regulation or 
    legislative intent;
        Perform any other service of a similar nature in this area 
    compatible with the criteria hereinafter expressed in this Advisory 
    Opinion.

                         Principles To Be Observed

        The overall public interest, naturally, is primary to any 
    individual mat

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    ter and should be so considered. There are also other self-evident 
    standards of official conduct which Members should uphold with 
    regard to these communications. The Committee believes the 
    following to be basic:
        1. A Member's responsibility in this area is to all his 
    constituents equally and should be pursued with diligence 
    irrespective of political or other considerations.
        2. Direct or implied suggestion of either favoritism or 
    reprisal in advance of, or subsequent to, action taken by the 
    agency contacted is unwarranted abuse of the representative role.
        3. A Member should make every effort to assure that 
    representations made in his name by any staff employee conform to 
    his instruction.

                             Clear Limitations

        Attention is invited to United States Code, Title 18, Sec. 
    203(a) which states in part: ``Whoever . . . directly or indirectly 
    receives or agrees to receive, or asks, demands, solicits, or 
    seeks, any compensation for any services rendered or to be rendered 
    either by himself or another--
        (1) at a time when he is a Member of Congress . . . or
        (2) at a time when he is an officer or employee of the United 
    States in the . . . legislative . . . branch of the government . . 
    . in relation to any proceedings, application, request for a ruling 
    or other determination, contract, claim, controversy, charge, 
    accusation, arrest, or other particular matter in which the United 
    States is a party or has a direct and substantial interest, before 
    any department, agency, court-martial, officer, or any civil, 
    military, or naval commission . . .
        Shall be fined not more than $10,000 or imprisoned for not more 
    than two years, or both; and shall be incapable of holding any 
    office of honor, trust, or profit under the United States.''
        The Committee emphasizes that it is not herein interpreting 
    this statute but notes that the law does refer to any compensation, 
    directly, or indirectly, for services by himself or another. In 
    this connection, the Committee suggests the need for caution to 
    prevent the accrual to a Member of any compensation for any such 
    services which may be performed by a law firm in which the Member 
    retains a residual interest.
        It should be noted that the above statute applies to officers 
    and employees of the House of Representatives as well as to 
    Members.

    In 1970, Martin Sweig, who had served as administrative assistant 
to Speaker John W. McCormack, of Massachusetts, until October 1969, was 
acquitted in federal district court in New York of conspiracy in 
connection with certain activities conducted from the Speaker's office. 
Mr. Sweig and Nathan Voloshen had allegedly been engaged in a practice 
whereby Mr. Voloshen, in exchange for the receipt of fees from persons 
with matters before government agencies, promised to exert the 
influence of the Speaker's office in respect to such 
agencies.(16)
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16. U.S. v Sweig, 316 F Supp 1148 (D.C. S.N.Y. 1969).

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