Social Media in the House of Representatives: Frequently Asked Questions
Released: 2016-10-07T00:00:00

T his report answers several common questions about the regulation of social media accounts in the House of Representatives. Recently, the number of Member offices adopting social media as an official communications tool has increased. With the increased use of social media accounts for official representational duties, the House has adopted policies and regulations regarding the creation, content, and use of third-party social media services, such as Facebook, Twitter, Vine, YouTube, Instagram, and Flickr.

How does the House define social media?

The Committee on House Administration defines social media accounts in its policies on Member websites in the Members' Congressional Handbook . Social media accounts are "profiles, pages, channels or any similar presence on third-party sites that allow individuals or organizations to offer information about themselves to the public." Websites on the house.gov domain are not considered social media accounts.

How are social media accounts regulated in the House?

The Committee on House Administration has issued policies on the use of websites and the Internet, including what can and cannot be included on websites and official social media accounts. The Members' Congressional Handbook specifies that Members may "establish profiles, pages, channels or other similar presence on third-party sites ... ," so long as Members ensure that their official position (i.e., representative, congressman, congresswoman) is clearly stated in the account name. Further, all information provided on Member-controlled social media accounts "is subject to the same requirements as content on Member websites."

Therefore, material posted on official Member social media accounts "must be in compliance with Federal law and House Rules and regulations applicable to official communications and germane to the conduct of the Member's official and representational duties."

What makes a social media account an official resource?

According to the House Ethics Manual , an official resource uses "funds appropriated for Member, committee, and other House officers ... including goods and services purchased with those funds." The House Ethics Manual includes staff time as an official resource of the House. Therefore, social media accounts established by a Member or his or her office to communicate information as part of the Member's representational or legislative capacity are official resources of the House.

Members are free to maintain non-official social media accounts, such as campaign or personal accounts. Such accounts are not subject to House rules or regulations regarding official social media accounts. These non-official accounts may not utilize official resources. Likewise, the Members' Congressional Handbook also provides that non-official resources such as campaign funds may not be used to pay for official social media accounts.

Can Members use official funds for social media?

Yes. Members may use official funds from their Members' Representational Allowance (MRA) for ordinary and necessary expenses associated with the creation and continued operation of official websites. The creation of profiles, pages, channels, or any similar presence on third-party sites that allow individuals or organizations to offer information about themselves to the public is covered under these regulations.

Is some content prohibited on official social media accounts?

As described in the Members' Congressional Handbook , "Member-controlled content on social media accounts is subject to the same requirements as content on Member website." Content posted on Member websites (and thus social media accounts) must be germane to the conduct of the Member's official and representational duties. Official websites (and thus social media accounts) may not be used for campaign or personal purposes; may not generate, circulate, or otherwise encourage petitions; may not include advertisements or any private person or entity or imply government endorsement of a product or service; may not include grassroots lobbying; and must be in compliance with federal law and House rules and regulations applicable to official communications.

Do the mass communications regulations apply to social media?

Yes and no. As described in the Members' Congressional Handbook , "Member-controlled content on social media accounts is subject to the same requirements as content on Member website." Accessing a Member website (and thus accessing an official social media account) is treated as a "solicited communication" from a Member's office, and is specifically exempted from restrictions on unsolicited mass communications. Therefore, regulations regarding unsolicited mass communications (such as the need for an advisory opinion, quarterly disclosure in the Statement of Disbursements , and the prohibition of sending such communications during the 90-day pre-election period) are not applicable to social media accounts. The content of solicited communications, however, must still comply with applicable federal laws and House rules and regulations.