American Democracy Legal Fund 455 Massachusetts Avenue, NW Washington, DC 20001 October 7, 2015 The Honorable David Skaggs Co-Chairman Of?ce of Congressional Ethics US. House of Representatives 425 3rd Street, SW, Suite 1110 Washington, DC 20024 Re: Complaint against Representatives Stephen Knight, Barbara Comstock, Rodney Davis, Jeff Denham, Dan Benishek, Tim Walberg, Martha McSally, David Valadao, Mike Coffman, Carlos Curbelo, David Young, Bob Dold, Mike Bost, Bruce Poliquin, Frank Guinta, Cresent Hardy, Lee Zeldin, John Katko, Will Hurd, Ryan Costello, Elise Stefanik, Daniel Donovan and Mike Bishop Dear Chairman Skaggs: This letter constitutes a complaint against United States Representatives Stephen Knight, Barbara Comstock, Rodney Davis, Jeff Denham, Dan Benishek, Tim Walberg, Martha McSally, David Valadao, Mike Coffman, Carlos Curbelo, David Young, Bob Dold, Mike Bost, Bruce Poliquin, Frank Guinta, Cresent Hardy, Lee Zeldin, John Katko, Will Hurd, Ryan Costello, Elise Stefanik, Daniel Donovan and Mike Bishop, (the ?Members?) pursuant to Rule of the Of?ce of Congressional Ethics Rules for the Conduct of Investigations. It has come to my attention that the Members have violated 31 U.S.C. 1301 and House rules prohibiting of?cial resources from being used for campaign or political purposes. I. Factual Background Publicly available reports indicate that the Members listed above have entered into a contract with the National Republican Congressional Committee and agreed to provide details of their legislative strategy with the NRCC in exchange for ?special attention? and ?campaign cash.?1 The three-page ?Patriot Program Contract 2015? involves a commitment by the House Members to coordinate several campaign activities with the NRCC, including creating a ?detailed ?nance plan and budget,? raising certain amounts of money for the NRCC, and setting certain spending goals.2 In addition, the contract requires participating House Members to disclose and discuss their of?cial House actions with the NRCC. In particular, the contract 1 James Hohmann, The Daily 202, WASHINGTON POST, 2 Memorandum of Understanding, Patriot Program Contract 2015, available at dailv202 (last visited Sept. 30, 2015). requires House Members to ?submit and present a written offwyear campaign plan to the that should encompasses the following: Detailed, written legislative strategy that provides short?, intermediate-, and long-term legislative goals, including political justi?cations for those goals. Be sure to include local issues unique to the district or region. Complete a Patriot Policy Priorities worksheet to be used by NRCC staff to evaluate legislative priorities for the current Congress and to promote and advocate for those priorities where appropriate.3 Note that the Patriot Program is designed only for current members of the House of Representatives;4 thus, the contract contemplates that the Members would have of?cial resources available. In the contract, the candidates are referred to only as And to make it even clearer that of?cial resources are at stake, the Members? Chief of Staff is also listed as a contracting party and required to sign the contract separately. The Chief of Staff is referred to only using that title, and not using or referring to any separate relationship the Chief of Staff may have with a Member?s campaign.5 11. Legal Analysis Federal law requires that appropriations be applied only to the objects for which the appropriations were made.6 According to the House Ethics Manual, ?of?cial resources of the House must, as a general rule, be used for the performance of of?cial business of the House, and hence those resources may not be used for campaign or political purposes?? The House Ethics Manual notes that ?[a]mong the speci?c activities that clearly may not be undertaken in a congressional of?ce or using House resources (including of?cial staff time) are . . . the drafting of campaign speeches, statements, press releases or literature; . . . and the holding of a campaign meeting.?8 The House Committee on Standards of Of?cial Conduct has further interpreted 31 U.S.C. 1301(a) to prohibit the use of congressional of?ce equipment?such as computers, telephones, and fax machines, of?ce supplies?such as stationary and envelopes, and congressional staff time for campaign or political purposes.9 The intent of the ?Patriot Program Contract 2015? is for Members to use the of?cial resources available to them to coordinate and detail their legislative strategies and plans with the NRCC. The contract?s reference to the and the explicit reference to, and separate signature line for, the Members? Chief of Staff, makes clear that the contract is intended to re?ect the Members? of?cial role. In that context, the demand for a legislative strategy plainly contemplates the use of of?cial resources to accomplish that task. 3 Id 4Hohmann, supra note 1. 5 See Memorandum of Understanding, Patriot Program Contract 2015, supra note 2. 6 31 U.S.C. 1301(a). 7 Committee on Standards of Of?cial Conduct, House Ethics Manual at 125-128 (2008 ed). 8 Id. at 124. 9 Id. at 123. The House Ethics Manual provides that House employees may engage in campaign activities on their ?own time, as volunteers or for pay, as long as they do not do so in congressional of?ces or facilities, or otherwise use of?cial resources.?10 If the Members and their staff use legislative plans and strategies crafted during House working periods and using House resources as required by the contract, they will violate federal law and House Ethics rules. Additionally, if the Members draft speeches, produce literature, or hold meetings on of?cial time that are intended to be used to satisfy their obligations to the NRCC that too would violate federal law and House Ethics rules. Thus, it appears likely that the intent of the contract, and of the Members and their Chefs of Staff who sign it, is to ?agrantly abuse taxpayer resources for partisan gain. IV. Conclusion This Of?ce has jurisdiction to investigate any allegation that a Member of Congress has violated any ?law, rule, regulation or other standard of conduct? in the performance of his or her duties or the discharge of his or her responsibilities.ll I therefore respectfully request that you investigate this matter I understand that 18 U.S.C. 1001 applies to the information I am providing. Sincerely, Brad Woodhouse, American Democracy Legal Fund Enclosures 10 Id. at 135. 1? Of?ce of Congressional Ethics Rule 1. Memorandum of Understanding Patriot Program Contract 2015 The NRCC, with the participation and support of its entire Membership, agrees with MEMBER 'on the following on this 22mi day of April 2015: 1) MEMBER agrees to have no less than: in cash-on-hand at the end of Q1. in cesium-hand at the end of Q2. in ea-sheon-uhand at the end of Q3. gin cash-ahead at. the end of Q4. 2) MEMBER agrees to consult'with and provide the NRCC- with the creation and execution of adetailed ?nance plan and budget to meet or surpass the goals-outlined in point1#1 "above. The'icampaign ?nance plan and budget. will be presented to the NRCC for review no later'than 3..) Finance Director will report weekly to the Field Finance Director? updating them on COH, total left to raise for. the quarter, andgive an update on how call time and events are proceeding. 4) MEMBER will create- a .l-F-Cf with and use the JFC whensurrozgates travel to-the distri'etfor events. 5) MEMBER will raise a'minimum NRCC?Patriot Assessment of to the NRCQ in 2015?. 6) MEMBER will speed no more than - of funds: itais-ed in any quarter of 2015 (not including contributions to their State Party or the NRCC). 7) MEMBER. will work with the NRCC DigitalfDepartrnent to create an aggressiveeyelte~10ngronlrine fundraitsing plan that sets fundraising' goals bymonth. Campaign?s that consistently fail fundraising goals, and display a lack of effortand best practices, arexsubjectto direct involvement from the NRCC online fundraising team. 8) MEMBER agrees to'submitandpreseat a Written off-yearcampaign plan to theiNRC'C (date) that encompasses the following: 3 Comprehensive fundraisng and spending "analysis of 2014 election cycle Analysis will include all donors from 20174, and a detailed breakdown of thenmnber of in state vs. outof state donors, individual vs. PAC donors, and max out donors to identify and weaknesses for the development of 2016 Finance Plan, a District Off-year. Outreach Plan outlining event. schedule and. demographic targets. Should also cemplete a Coalitions S-eltlAssessmentfonn to be staff to immediatelyl?i?dentify areas of greatest need and begin outreach in conjunction with,carnpaign~and, local contacts. This should include women, minority groups, veteran-s, seniors, youth, and conservatives. a Detailed, written communications plan for the on- and off?year with earned media calendar and proactive press initiatives, Mast participate: in member media trainings and press, secretary training-s. 0 Detailed, written legislative strategy that provides shore, intennediate?, and long?term legislative goals, including political justi? cations for those goals. Besure-?to' include local issues unique-to the district, or region. Complete a Patriot Policy Priorities worksheet to, be need by staff to evaluate legislative priorities for the current Congress and to promote and advocate for those priorities where appropriate. a Data. plan, including information about how d?atais being stored, handled, and updated as Welles a point of contact for data related matters and a review of data team. agrees to provide best practices for the above plan. 9) MEMBER agrees to exclusively use the services of staff and vendms who meet the standards for quality and con?dence. These services, may include (but are no?t'be limited to) polling, mail, media, digital,,fundraising, legal/complianceand reSearch services. MEMBER agrees the names of these vendors, and any existing services to the NRCC. NRCC agrees to provide best practices to support contract negotiation and evaluation, 10) have a lawyer on retainer in his or her district, who is also certi?edto practice law in the Member?s state, who will be able to assist the campaign with general compliance, adpulls and defensesgg-as well as any other'l'egal duties necessary duringj-thexcampaign and postaeleetion; 1) MEMBER will attend allPa?triot Day Summit functions and will give best effort to attend allPatriot meetings at the NRCC. 12) MEMBER, Chief of Sta-ff, or designee will return to the a Patriot Program meeting with all required completed materials by Chief of Staff; and designee will give best effort to: Campaign Continuing Educatinn programs. 14) MEMBER agrees to identify a political contact within their operation for the NRCC to needed: Name: . Personal Email Address: PetrSonal Phone Number: Campaign Committee Name: NRCC agrees to provide Member with points. of contact at the Political Director John Rogers ?m yers 63111"ch Regional Political Director George Nassar glassarwnrocor 1? Political Coordinator: Kate Possehl want'to be listed publicly as a member of the Pat-riiotProgram Agreed to by: For the NRCC For the NRCC Rep. Steve Knight Chief?of'Staff 10/622015 The Daily 202 from PowerPost View The Daily 202 on the Web PowerPost ming inteii?genoe for leaders Share on Twitter Share on Facebook Speaker John Boehner and NRCC chairman Greg Walden (AP Photo) 1/29 10/620153 The Daily 202 from PowerPost BY JAMES HGHMANN THE BIG Two dozen House Republicans have agreed to privately detail their ?legislative strategy? to party Operatives, promising to offer ?political justifications? for their goals in Congress. The Daily 202 obtained a copy of the three-page contract that the National Republican Congressional Committee requires members to sign if they want to participate in its Patriot Program. The initiative, designed to protect potentially vulnerable incumbents, brings with it special attention and access to mounds of campaign cash. But strings are attached. One of the 13 requirements is to submit an off?year ?campaign plan? that includes: ?Detailed, written legislative strategy that provides short-, intermediate, and long-term legislative goals, including political justifications for those goals.? ?Be sure to include local issues unique to the district or region,? the contract says. ?Complete a Patriot Policy Priorities worksheet to be used by NRCC staff to evaluate legislative priorities for the current Congress and to promote and advocate for those priorities where appropriate.? The closely?held document offers a window into how much autonomy lawmakers often must forfeit to unelected Washington insiders. For instance, in exchange for reelection support, lawmakers must promise to exclusively use vendors sanctioned by establishment?aligned party Chieftains, attend training sessions and raise six figures for the NRCC. They must also commit to holding a certain amount of cash-on?hand at the end of each fundraising quarter and 229 10/6/2015 The Daily 202 from PowerPost limit their spending. These goals are tailored to the individual member, so someone who sits on a prominent committee (say Financial Services) would be expected to bring in a bigger haul. And let?s face it, some of the goals are simply smart ways for members to prepare early in the era of the permanent campaign. NRCC officials defended the program, begun in 2009, as voluntary and described the document as routine, saying they assume that the Democratic Congressional Campaign Committee makes members of its ?Frontline? program sign a similar document. Attorneys who work with Democratic committees responded that it?s not standard operating procedure, saying that they?re careful to never be so explicit when it comes to mixing legislating and campaigning. Here are Republicans members who are in the Patriot Program and apparently signed the contract: Barbara Comstock, Rodney Davis, Jeff Denham, Dan Benishek, Tim Walberg, Martha McSalIy, David Valadao, Mike Coffman, Carlos Curbelo, David Young, Bob Dold, Mike Bost, Bruce Poliquin, Frank Guinta, Cresent Hardy, Lee Zeldin, John Katko, Will Hurd, Ryan Costello, Steve Knight, Elise Stefanlk, Dan Donovan and Mike Bishop. Interestingly, the contract appears to give members the opportunity to be part of the Patriot Program without being publicly listed. Read thejgll ?memorandum of understanding? here. Welcome to The Daily 202, morning newsletter. _?ignwumpwt_9 receive the newsletter. With contributions by 3/29