Should Cabinet Members & Their Families Be Prohibited From Soliciting Foreign Money? (H.R. 161)

What is H.R. 161?

(Updated January 21, 2021)

This bill, the Cabinet Service Integrity Act, would prohibit Cabinet members and their immediate families from soliciting donations from foreign sources. It’d aim to ensure that high-ranking federal officials couldn’t use their office or status as influential political officials to solicit funds from overseas entities. 

Argument in favor

Cabinet members shouldn’t be allowed to use their political positions to solicit funds from overseas, as this could compromise them. Integrity is essential to a government that serves America’s interests, and this bill helps ensure Cabinet members are ethical in their dealings with foreign entities.

Argument opposed

While it’s reasonable to expect that Cabinet members conduct themselves in an ethical manner by not accepting foreign money, it’s overreach to extend this limitation to their families. There’s also an argument to be made that federal officials aren’t banned from accepting payments from foreign sources.

Impact

Cabinet members; Cabinet members’ families; foreign entities; and government ethics.

Cost of H.R. 161

A CBO cost estimate is unavailable.

Additional Info

In-Depth: Rep. Brian Fitzpatrick (R-PA) reintroduced this bill from the 115th Congress to prohibit cabinet members and their immediate family from soliciting donations from foreign sources. When he reintroduced this bill as part of a package of anti-corruption legislation intended to significantly reform Congress and increase executive branch accountability and transparency, Rep. Fitzpatrick said:

“I believe that these ideas introduced today transcend political parties and strike at the heart of what our country needs: a rebirth of belief in our leaders and institutions so we can tackle the challenges we face and accomplish great things in this new era… Transparency and unimpeachable integrity are essential to a government that truly serves the people of the United States. This anti-corruption legislation will help restore the American’s people’s faith in Congress and hold public officials accountable.”

Under the Trump administration, the Dept. of Justice (DOJ) has argued that federal officials aren’t banned from accepting payments from foreign governments without congressional approval. In a motion to dismiss a case brought by watchdog group Citizens for Responsibility and Ethics in Washington (CREW), the DOJ argued:

“Historical evidence confirms that the Emoluments Clauses were not designed to reach commercial transactions that a President (or other federal official) may engage in as an ordinary citizen through his business enterprises. At the time of the Nation’s founding, government officials were not given generous compensations, and many federal officials were employed with the understanding that they would continue to have income from private pursuits.”

Media:

• Sponsoring Rep. Brian Fitzpatrick (R-PA) Press Release (115th Congress)