August 2, 2017

Omar Ashmawy
Chief Counsel and Staff Director
Office of Congressional Ethics
U.S. House of Representatives
P.O. Box 895
Washington, D.C. 20515

Re: Request for Investigation of Representative Lou Barletta (R-PA)

Dear Mr. Ashmawy:

I respectfully request that the Office of Congressional Ethics (OCE) investigate Representative
Lou Barlettas misuse of official resources. In violation of the Code of Official Conduct,
Representative Barletta may have violated federal law and House Rules, thus failing to
behavein a manner thatreflect[s] creditably on the House.1 On July 31, 2017, Rep.
Barletta promoted his bid for the United States Senate seat in his official congressional office or
district office.2 The seal of the United States Congress is readily visible in the background.

Factual Background

Rep. Barletta is in his fourth term as the Representative for Pennsylvanias 11th District.
Although Rep. Barletta has yet to officially declare his candidacy or register as a candidate with
the Federal Election Commission, it is well-known that he will run in the Republican primary as
a candidate for U.S. Senate in Pennsylvania.3 On July 31, 2017, Rep. Barletta held an interview
in either his district or congressional office in which he promotes his bid for Senate.4 Therefore,
he is using House and government resources to support his run for Senate.

Legal Analysis

In creating the Code of Official Conduct, and specifically the requirement that Members
behavein a manner thatreflect[s] creditably on the House,5 the intent was to create a code
of conduct that would have a deterrent effect against improper conduct and would protect the
House collectively, its safety, dignity, and the integrity of its proceedings; and the rights,

1
Official Code of Conduct (currently codified at Rules of the House of Representatives 23, Clause 1).
2
WBRE, Eyewitness News at 0:00-0:12; 1:29-1:35; 1:39-1:52; 2:03-2:19; Wiles-Barre,PA, July 31, 2017,
https://www.youtube.com/watch?v=FkskeglR2AI&feature=youtu.be (last accessed Aug. 1, 2017).
3
Marc Levy, Barletta to Seek U.S. Senate Seat Held by Bob Casey, Associated Press,
https://apnews.com/a42c2703411641f9984940ae41d23d70/AP-source:-Barletta-to-seek-US-Senate-seat-held-by-
Bob-
Casey?utm_campaign=SocialFlow&utm_source=Twitter&utm_medium=APEastRegion&utm_campaign=SocialFlo
w&utm_source=Twitter&utm_medium=APEastRegion.
4
See supra n.2
5
See supra n. 1.
reputation, and conduct of Members individually, in their representative capacity.6 This would
certainly apply to a Members violation of a federal law, which reflects poorly upon the House as
an institution and the credibility of its individual Members. This would also apply to a Members
violation of House Rules.

Both the Congressional Seal and the Great Seal of the United States are governed by 18 U.S.C.
713, a criminal statute. Thus, personal or campaign use of these seals would be improper.
Nonetheless, Rep. Barletta freely discusses his bid for Senate with the prominence of the
Congressional Seal in the background, signaling to the viewer that Congress may endorse or
approve of his election. It is because of these very impressions that both federal law and House
Rules carefully proscribe use of government seals and insignia for any non-official purpose.

Furthermore, Members of Congress are prohibited from using official resources for campaign or
political purposes. Federal law states that official funds are to be used only for the purposes for
which appropriated, which does not include campaign purposes.7 The House Ethics Manual
explicitly states that House buildings, and House rooms and offices including district offices
are supported with official funds and hence are considered official resources. Accordingly . . .
they may not be used for the conduct of campaign or political activities.8 However, Rep.
Barletta, a four-term Congressman, clearly holds an interview about his election to Senate in his
official congressional or district office. He cannot claim ignorance of the law, so it is likely that
he is simply disregarding it.

The House Ethics Manual explicitly forbids Rep. Barlettas interview. Without any
equivocation, it states that:

[t]he press secretary in the congressional office may answer occasional

questions on political matters, and may also respond to such questions that
are merely incidental to an interview focused on the Members official
activities. However, while in the congressional office, the press secretary
should not give an interview that is substantially devoted to the campaign,
or initiate any call that is campaign-related. A press secretary wishing to
do either of those things should do so outside of the congressional office,
and on his or her own time.9

Although the language of this rule is targeted at a congressional office press secretary because he
or she is routinely responsible for speaking on behalf of a Member of Congress, it applies with
even greater force to a Member of Congress when speaking on his own behalf. Rep. Barlettas
unapologetic discussion of his Senate run in significant detail while in his congressional office is
a direct affront to House Rules.

6
Final Committee on the Organization of Congress, Enforcement of Ethical Standards in Congress, FN 18 (Dec.
1993) (quoting H.R. Rep. No. 90-1176, 90th Cong., 2d Sess. (1968)),
http://archives.democrats.rules.house.gov/Archives/jcoc2.htm.
7
31 U.S.C. 1301(a).
8
Committee on Standards of Official Conduct, U.S. House of Representatives, House Ethics Manual (2008)
(House Manual), at 127.
9
House Manual at 133 (emphasis added).

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