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      FEC Record: Advisory opinions
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      AO 2017-07: Use of campaign funds for security system

FEC Record: Advisory opinionsAO 2017-07: Use of campaign funds for security systemJuly 18, 2017 Members of Congress may spend campaign funds to install or upgrade a residential security system without those payments being considered an impermissible personal use of campaign funds. Background On June 21, 2017, Hon. Paul D. Irving, Sergeant at Arms for the United States House of Representatives, wrote to the Commission describing an increase in the number of daily threats against Members of Congress. According to Mr. Irving, the “new daily
    threat environment” and the challenge of investigating anonymous threats require that Members of Congress have residential security systems. Mr. Irving asked if Members may use campaign contributions to install or upgrade residential security systems
    that do not constitute structural improvements to their homes. Analysis The Commission concluded that Members of Congress may use campaign funds to pay the reasonable, fair market costs to install (or upgrade) and monitor residential security systems that do not constitute structural improvements to the Members’ homes. Installing (or upgrading) and monitoring residential security systems are permissible uses of campaign funds since they are “ordinary and necessary expenses incurred in connection with the duties of the individual as a holder of federal office.” The spending
    does not fall under the Act’s personal use prohibitions since the payments would not have occurred had the Member not been a federal officeholder or candidate, and the residential security upgrades would not have existed irrespective of their duties
    as federal officeholders or candidates. The Commission limited its authorization to the use of campaign funds for installing (or upgrading) and monitoring costs of “cameras, sensors, distress devices, and similar non-structural security devices, as well as locks in and around a Member’s residence.”
    The Commission also noted that its advisory opinion applies only to Members of Congress based on the current threat environment. If the threat environment should diminish significantly, the conclusion may no longer apply. Federal candidates who are
    not federal officeholders may rely on previous advisory opinions on residential security systems if the relevant facts are indistinguishable from the facts in those advisory opinions. Date issued: July 13, 2017; 4 pages Citations: Statute: 52 U.S.C. §30114(a)(2)Use of campaign funds for ordinary and necessary expenses incurred as officeholder 52 U.S.C. § 30114(b)(1)Prohibited use of campaign funds Regulations: 11 CFR 113.1(g)Personal use defined 11 CFR 113.2Permissible non-campaign use of funds Advisory opinions: AO 2011-17Use of campaign funds for home security system AO 2011-05Use of campaign funds for home security system AO 2009-08Use of campaign funds for home security system Resources:  AO 2017-07Commission consideration of AO 2017-07[mp3]


Read next: FEC to host Candidate 101 webinar (2017)
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This information is not intended to replace the law or to change its meaning, nor does this information create or confer any rights for or on any person or bind the Federal Election Commission or the public. The reader is encouraged also to consult the Federal Election Campaign Act of 1971, as amended (52 U.S.C. 30101 et seq.), Commission regulations (Title 11 of the Code of Federal Regulations), Commission advisory opinions and applicable court decisions.


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