FEDERAL ELECTION COMMISSION

Washington, DC 20463

 MEMORANDUM

TO: The Commission

FROM: Office of Commission Secretary 

DATE: April 19, 2023

SUBJECT: Ex Parte Communication Advisory Opinion 2023-01 

(Diaz Barragán)

 

Transmitted herewith is an ex parte communication on April 18, 2023 

with Chair Dara Lindenbaum, Vice Chairman Sean J. Cooksey, Commissioner

Shana M. Broussard, Commissioner Allen Dickerson, Commissioner James E. 

“Trey” Trainor III, and Commissioner Ellen L. Weintraub regarding the above 

matter.

Attachment

 
From: Hays, Caleb

To: Dara Lindenbaum; Sean Cooksey; AO

Cc: Allen Dickerson; Trey Trainor; Ellen Weintraub; Shana Broussard; Duane Pugh; Monahan, Tim; Schwalb, Janet;

Carney, Ryan; O"Keefe, Kevin

Subject: Re: Advisory Opinion Request 2023-01 (Diaz Barragán)

Date: Tuesday, April 18, 2023 6:59:38 PM

Attachments: image001.png

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Correspondence to FEC re ECMOs and AOR 2023-01 Second (Diaz Barragan) (Apr 18 2023).pdf

Chair Lindenbaum and Vice Chair Cooksey,

Please see the attached correspondence from Rep. Bryan Steil, Chairman of the U.S. House

Committee on House Administration, with respect to Advisory Opinion Request 2023-01

(Diaz Barragán).1

Caleb Hays

----------

[1] See Ex Parte Communication Advisory Opinion 2023-01 (Diaz Barragán) (March 29,

2023), https://www.fec.gov/files/legal/aos/2023-01/202301C_1.pdf; Ex Parte Communication

Advisory Opinion 2023-01 (Diaz Barragán) (April 4, 2023),

https://www.fec.gov/files/legal/aos/2023-01/202301C_2.pdf. See also Comment Regarding

AOR 2023-01 (U.S. Rep. Nanette Diaz Barragán) (April 12, 2023),

https://www.fec.gov/files/legal/aos/2023-01/202301C_3.pdf.

From: Hays, Caleb 

Date: Tuesday, April 4, 2023 at 4:00 PM

To: Dara Lindenbaum , Sean Cooksey 

Cc: Allen Dickerson , Trey Trainor ,

Duane Pugh , Monahan, Tim , Schwalb,

Janet , Carney, Ryan ,

O'Keefe, Kevin 

Subject: Re: Advisory Opinion Request 2023-01 (Diaz Barragán)

Chair Lindenbaum and Vice Chair Cooksey:

Please see the attached correspondence from Rep. Bryan Steil, Chairman of the U.S. House

Committee on House Administration, with respect to Advisory Opinion Request 2023-01

(Diaz Barragán).1

Caleb Hays
----------

[1] See Ex Parte Communication Advisory Opinion 2023-01 (Diaz Barragán) (March 29,

2023), https://www.fec.gov/files/legal/aos/2023-01/202301C_1.pdf.

From: Hays, Caleb 

Date: Wednesday, March 29, 2023 at 3:55 PM

To: Allen Dickerson 

Subject: Advisory Opinion Request 2023-01 (Diaz Barragán)

Commissioner Dickerson,

Please be advised that correspondence with respect to Advisory Opinion Request 2023-01

(Diaz Barragán) is forthcoming from the U.S. House Committee on House Administration.

Caleb Hays

—

Caleb J. Hays

General Counsel & Deputy Staff Director

Committee on House Administration

The Hon. Dara Lindenbaum 

The Hon. Sean J. Cooksey 

April 18, 2023 

Page 2 of 3 

In fact, the House Ethics Manual repeats the Committee on House Administration’s regulation in substantive 

portion: 

Congressional Member Organizations (“CMOs”) are official House entities that 

have no independent funding, and campaign funds may not be used to provide 

funding for, or otherwise directly support such organizations (other than food and 

beverage expenses at meetings).” However, Member or staff involvement in CMOs 

may be supported with the use of campaign funds, subject to the [limitations 

described on the previous pages].5 

Indeed, as counsel notes, the House Ethics Manual permits the use of campaign funds to defray the “[e]xpenses 

of [o]fficial or [o]fficially-[r]elated travel.”6 And the Committee on Ethics certainly could include in its Manual

additional permissible uses of campaign funds for official activities.7 

But neither the existing permissions nor additional permissions would control because it is the Committee on 

House Administration that determines whether an activity qualifies as “official” under its regulations.8

 As detailed 

in the Committee’s earlier correspondence, the Committee on House Administration has determined that travel 

by ECMOs is not an official activity.9

Therefore, neither the Ethics Exception in the Handbook, nor the cited provisions from the House Ethics Manual

with respect to the use of campaign funds for official purposes apply.10 Both exceptions, as well as Rule XXIV 

of the Rules of the U.S. House of Representatives, apply only to the use of campaign funds for official activities. 

Travel by a Member on behalf of an ECMO is not official; therefore, no campaign funds may be used.11 

As noted in the Eligible Congressional Member Organizations Handbook, the Committee on House 

Administration stands ready to provide advice and guidance to Members of the House of Representatives on 

matters within its jurisdiction. The Committee is strongly committed to doing its part to ensure that each of the 

entities that regulate activity in this space work cooperatively so that Members and their staffs are not presented 

with conflicting or incomplete information. The Committee appreciates the Federal Election Commission’s 

attention to and careful consideration of this matter.12 

(2) “Expenses of a Cell Phone or BlackBerry That Is Used for Official House Business”;

(3) “Expenses of Official or Officially-Related Travel”; 

(4) “Expenses in Connection With Official House Events”; and

(5) “Gifts for Foreign Dignitaries”. House Ethics Manual 183-85.

In each case, campaign funds may only be used in furtherance of “official” activities. As noted in the text, CHA has determined that 

travel by ECMOs is not “official” in nature, so the Ethics Exception does not apply. 5 House Ethics Manual 185. 6 Id. at 184. 7 See also clause 1(k) of Rule X of the Rules of the U.S. House of Representatives. 8 See 2 U.S.C. 5341 (d). The Members’ Representational Allowance, which Members may use to fund the activities of ECMOs, may 

only be used for those activities deemed “official” by CHA. As detailed in the Committee’s earlier letter, this authority extends to the 

regulation of all operations of ECMOs. 9 Handbook 3. 10 House Ethics Manual (2022) 182. 11 See Handbook 2-3. 12 Emphasis has been added throughout this letter.
The Hon. Dara Lindenbaum 

The Hon. Sean J. Cooksey 

April 18, 2023 

Page 3 of 3 

Should you have questions or require additional information, please contact Caleb Hays, Committee on House 

Administration General Counsel and Deputy Staff Director. 

 Sincerely, 

 

Bryan Steil 

 Chairman 

 Committee on House Administration 

BGS/cjh 

CC: The Hon. Joseph D. Morelle, Ranking Member, Committee on House Administration 

 The Hon. Laurel Lee, Chair, Subcommittee on Elections, Committee on House Administration 

 The Hon. Terri Sewell, Ranking Member, Subcommittee on Elections, Committee on House 

Administration 

 The Hon. Michael Guest, Chairman, Committee on Ethics 

 The Hon. Susan Wild, Ranking Member, Committee on Ethics

 The Honorable Members of the Federal Election Commission