III. Officially-Connected Travel Paid for by a Private Source Ethics Committee Travel Regulations[4]

Ethics Committee Pre-Approval

• You must submit your travel requests to the Committee no later than 30 days before the start of the trip. The Committee has a travel calculator to calculate your due date.
• You are responsible for submitting your travel requests. The Committee does not accept travel requests directly from a trip sponsor.
• You must submit a complete submission to be considered “on time.” Changes or revisions that must be made during the review process do not change the initial submission date.
• A “complete submission” is the Traveler Form, the Primary Trip Sponsor Form and its attachments, Additional Sponsor Forms, and your invitation.
• The Committee will only accept travel requests through the Committee’s email at travel.requests@mail.house.gov or hand-delivered to the Committee’s office. If you would like to hand-deliver your submission, you must submit two copies of your request.
• Late travel requests are only allowed in limited circumstances.
  • Officers and staff may submit late requests only for exceptional circumstances
  • Exceptional circumstances include
    • Media request
    • Request to be a substitute speaker at an event
    • Staffer accompanying a Member who submitted a permissible late request
    • An office closing due to inclement weather
  • Exceptional circumstances are not
    • Late invitation from the trip sponsor except for media requests
    • Forgetting to submit a travel request on time
    • Waiting for complete forms
• The Committee will only approve travel requests that comply with the Committee’s Travel Regulations.[5]
• You must receive Committee pre-approval before accepting privately-sponsored, officially-connected travel.
• If you do not receive Committee pre-approval before accepting privately- sponsored, officially-connected travel, either your office will need to pay for the trip or you could request retroactive approval. The Committee does not guarantee that retroactive approval will be granted, and all requests are highly fact-specific.
• If your office must pay, the Member may be able to use the MRA or committee funds, principal campaign committee funds, or the Member’s own personal funds.[6]
• Officers and employees may not use their own personal funds to pay for an officially-connected trip.

Post-Travel Disclosure

Within 15 days after returning from your trip, you must file post-travel disclosures with the Legislative Resource Center for public disclosure. Forms that must be submitted are

• Traveler Post-Travel Disclosure Form
• Trip Sponsor Post-Travel Disclosure Form
• Approved version of the Traveler Form
• Approved version of the Primary Trip Sponsor Form and its attachments
• Approved version of any Additional Sponsor Form
• Letter approving travel request signed by Ethics Committee Chairman and Ranking Member
• Approved version of the trip agenda
• Updated trip agenda showing any changes made since receiving Committee pre-approval
• Approved version of the invitee list
• List of confirmed attendees
• Copy of the invitation

Adjustments to your travel after you received Committee pre-approval, such as shortening the trip or not bringing an accompanying relative, should be reflected on the Traveler Post-Travel Disclosure Form. If you would like to make changes to your travel request, you must contact the Committee prior to making any adjustments.

If you file annual financial disclosure statements, you may also need to report privately-sponsored, officially-connected travel on Schedule H (“Travel Payments and Reimbursements”) of your statement.

Travel Related to Official Responsibilities

All privately-sponsored, officially-connected travel must relate to the traveler’s official or representational duties.[7]The Committee reviews each request on a case- by-case basis based on the information provided in the travel request and additional communications with the traveler and trip sponsor.

• The Committee looks to
  • The traveler’s official responsibilities
  • Whether the trip relates to matters within Congress’s legislative or policy interests
  • The amount of officially-connected activities during the trip, not including any recreational activities[8]
  • Whether the traveler’s employing Member certifies the relationship to official duties
  [8] “[E]vents, the activities of which are substantially recreational in nature, are not considered to be in connection with the duties of [the individual] as an officeholder.” See House Rule 25, cl. 5(b) (1)(B).

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• Examples of activities related to official duties include
  • Attendance at a meeting or conference
  • Speaking at a conference or on a panel
  • Participating in a fact-finding trip
  • Delivering a speech or accepting an award in your official capacity

The Committee will not approve privately-sponsored, officially-connected travel to conduct official business[9] or personal activities.

• Official business includes
  • Conducting field hearings
  • Conducting general oversight functions
  • Performing a core function of official duties
  • Attending meetings where only congressional Members and staff are present
• Personal activities include
  • Recreational activities
  • Personal travel
  • Charitable or political fundraising
  • Professional development activities, including continuing education courses
  • Networking activities

Your employing Member must certify that your travel request is related to your official responsibilities.

• For a Member, the Member certifies.[10]
• For personal office staff, the Member certifies.
• For majority-side committee staff, the chairman of the full committee certifies.
• For minority-side committee staff, either the chairman or the ranking member of the full committee certifies.
• For staff of a non-partisan or bipartisan committee, the chairman of the full committee certifies.
• For staff of a joint committee, the highest ranking House Member certifies.
• For staff of an office not overseen by a Member, the House Officer, or highest- ranking employee if not overseen by an Officer, certifies.

Length of Travel

General Time Limits. Travel within the continental United States may not exceed 96 hours, wheels up to wheels down.

Travel outside the continental United States may not exceed 7 days, not including travel to and from the destination. Travel outside the continental United States includes travel to Alaska, Hawaii, Puerto Rico, and any other U.S. territory or commonwealth. Days spent in whole or part traveling to or from the destination do not count towards the 7 day limit. Travel within a foreign country or between foreign countries does count to the 7 day limit.

Travel sponsored by an organization that employs or retains a registered federal lobbyist or foreign agent is limited to events on a single calendar day.[11] You may accept travel to and from the destination and a single night’s lodging. The Committee may approve a second night’s lodging if needed for you to practically participate in the one-day event.[12]

Generally each day must include a full day of programming. Officially-connected programming means meetings or sessions related to the primary purpose of the trip. Officially-connected programming does not include entertainment or recreational activities, time for personal telephone calls, “executive” or personal time, or meals without substantive programming.

Further Considerations for Time Limits.  The Committee will only approve necessary travel expenses.[13] Necessary travel expenses are expenses reasonably necessary to accomplish the purpose of the trip. The Committee may require adjustments to travel plans based on the trip’s agenda.

On rare occasions, the Committee may approve extensions of the 96 hour or 7 day limit.[14] The Committee will not extend the time limit for trips sponsored by organizations that employ or retain registered federal lobbyists or foreign agents. Any request to extend the time limit must be for truly exceptional circumstances such as travel from a destination so remote it only receives air service every 10 days. An extension for convenience or because a larger conference may last longer than the time limit is not an exceptional circumstance.[15]

Private Sponsors in General

Generally any non-governmental entity may be a trip sponsor. A trip sponsor is any private entity that

• Plans or organizes trip activities;
• Pays for all trip expenses with its own funds; or
• Pays for trip expenses using funds from other organizations, in whole or part.

A Primary Trip Sponsor is the organization that is primarily responsible for planning, organizing, and paying for the travelers’ expenses and activities. Trips may have multiple Primary Trip Sponsors.

Additional Sponsors are organizations that assist the Primary Trip Sponsor. Assistance can be monetary or in-kind. Examples of assistance from Additional Sponsors are

• Providing a grant to the Primary Trip Sponsor to support the trip
• Providing funds to the Primary Trip Sponsor that are earmarked or specifically designated for the trip or congressional travel in general
• Paying for individual events or activities during the trip
• Assisting with planning or organizing the trip or activities during the trip

Registered federal lobbyists, foreign agents, and lobbying firms may not be trip sponsors.[16]

Private Foundations have limits on their ability to sponsor travel.[17]  Those limits are

• May not be the Primary Trip Sponsor for an international trip, including travel to territories or possessions of the United States; and
• May not have a role in selecting trip participants for an international trip, including travel to territories or possessions of the United States.

Private Sponsors with Lobbyists/Foreign Agents

Organizations that employ or retain registered federal lobbyists or foreign agents may sponsor travel, with limits.

The limits do not apply to sponsors that are public or not-for-profit private colleges or universities, even if those colleges or universities employ or retain a registered federal lobbyist.[18] These limits also do not apply to sponsors where lobbyists are involved with the organization, as long as those lobbyists are not registered to lobby for that organization.[19]

Limits for trips sponsored by organizations with registered federal lobbyists or foreign agents are

• Travelers may only participate in one calendar day’s worth of activities,
• Lobbyist or foreign agent involvement many only be de minimis, and
• Lobbyists or foreign agents may not accompany travelers on any segment of the trip.[20]
  • Accompanying travelers between the city of departure and the destination is prohibited.
  • Accompanying travelers on local transportation to events or locations within the destination is allowed.
  [20] A trip segment is transportation to or from the city of departure, or return, and the trip destination. Local transportation to attend events or visit locations at the trip destination itself is not included in the definition of a trip segment.

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De minimis involvement in planning or organizing a trip is

• Responding to a trip sponsor’s request for names of House Members, officers, or employees who might be interested in an issue; or

• Sitting on the board of, or volunteering for, the trip sponsor, without any involvement in planning or organizing the trip.

Involvement that is more than de minimis includes

• Determining or suggesting, without request, which House travelers should be invited on a trip
• Extending or following up on invitations to House travelers
• Signing the trip sponsor forms provided to House travelers
• Being mentioned in or on an invitation extended by another individual or entity
• Setting or recommending, without request, any part of the trip agenda
• Making travel arrangements for House travelers

Additional Sponsors

Additional Sponsors assist the Primary Trip Sponsor with planning, organizing, or paying for the trip.

Only Additional Sponsors that are organized under § 501(c)(3) of the Internal Revenue Code may provide monetary assistance without having a direct role in planning or organizing the trip.[21]

All Additional Sponsors that provide assistance to the Primary Trip Sponsor without receiving a tangible benefit in return must complete Additional Sponsor Forms and be disclosed. Examples of tangible benefits include

• Receiving advertising at an event and free tickets in return for sponsorship
• Paying for and receiving booth space at a trade show
• Being named publicly as a sponsor of a large conference

Involvement of United States Governments or Foreign Governments

If a federal, state, or local government entity is assisting a trip sponsor with paying for, planning, or organizing a privately-sponsored, officially-connected trip, that government entity does not need to be disclosed as an additional sponsor.

If a foreign government is assisting a trip sponsor with paying for in-country expenses, or assisting with planning or organizing a privately-sponsored, officially- connected trip, the foreign government’s assistance must be disclosed. Specifically,

• The Foreign Gifts and Decorations Act must allow the in-country expenses, and
• The Primary Trip Sponsor must disclose the foreign government and the type of assistance on the Primary Trip Sponsor Form.

For more information about foreign government involvement, see Travel Paid for by a Foreign Government.

Locations of and Events during Travel

Purpose of Travel. Privately-sponsored, officially-connected travel will either be arranged or organized without regard to congressional participation or with regard to congressional participation.

Without regard to congressional participation means travel where your participation is incidental to the larger purpose of the event. Examples include

• Business or trade association annual conferences
• Meetings of professional societies
• Symposiums, seminars, roundtables

With regard to congressional participation means travel that is specifically for your participation, or where your participation is crucial to the success of the event. Examples include

• Fact-finding trips
• Site visits
• Educational conferences or briefings designed for congressional attendance
• An evening or interview with a Member as the sole event

For travel without regard to congressional participation, the location of the trip is presumptively valid. You must still demonstrate your participation is related to your official or representational duties and attend sufficient activities on each day of the trip.

For travel with regard to congressional participation, the trip destinations must be directly related to the officially-connected purpose of the trip.

Distance of Travel. Generally privately-sponsored, officially-connected travel may not be used for local travel.[22]

• Local travel is travel to a destination that is
  • Within 35 miles of the U.S. Capitol, or
  • Within 35 miles of the nearest district office.
• The Committee measures distance in a direct line, or “as the crow flies.”

You may accept privately-sponsored, officially-connected travel within the district if House travelers from at least two other districts are also attending.

Acceptable Travel Expenses

You may only accept reasonable and necessary expenses actually incurred for privately-sponsored, officially-connected travel.[23] Generally you may accept 1) transportation expenses, 2) food and lodging expenses, and 3) miscellaneous expenses.

• Transportation Expenses
  • You may accept economy or business class air or train travel
  • If you wish to accept first class air or train fare or charter airfare, your travel must meet certain conditions laid out in the Travel Regulations[24]

  [24] First class travel, or travel on chartered aircraft, is permitted for exceptional circumstances, such as 1) the cost of the business or first class ticket is not more expensive than the economy class ticket, 2) the upgraded travel is necessary to accommodate a disability or special need, 3) genuine security circumstances require the travel, 4) scheduled travel time including layovers exceeds 14 hours,

  5) a domestic flight departs before midnight and lands after 5am the following day, or 6) exceptional circumstances exist. Exceptional circumstances do not include the unavailability of business or economy class seats or that first class or charter travel is more convenient for the House traveler’s schedule.

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• If you drive your own vehicle, you must be reimbursed for mileage[25]
• You may pay to upgrade to a higher class of travel by using
  [25] House Rule 24 prohibits staff from supplementing officially-connected activity. If, however, you choose to drive yourself for your own convenience, rather than accept the trip sponsor’s transportation offer, you are personally responsible for those expenses.

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  • • Personal funds
    • Travel promotional awards or points
    • Principal campaign committee funds, as permitted by the FEC[26]
    [26] Leadership PAC funds may not be used to pay for travel upgrades for privately-sponsored, officially-connected travel.

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• Lodging and Meal Expenses
  • For travel without regard to congressional participation
    • Lodging and meals commensurate with what the other attendees will receive
  • For travel with regard to congressional participation
    • Lodging expenses are reviewed based on
      • Maximum per diem rate for that location[27]
      • Proximity of the lodging to the sites being visited
      • Availability of lodging to accommodate the number of participants or conference requirements
      • Security concerns
      • Special needs of House travelers
      • Recommendation of a U.S. embassy for international travel
      [27] Per diem rates are set by the Department of State for international travel and the General Services Administration for domestic travel.

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• • Meals expenses are reviewed based on
    • Maximum per diem rate for that location

• Miscellaneous Expenses
  • Room rental fees
  • Conference admission fees and materials
  • Interpretation fees
  • Visa fees
  • Security costs
  • Traveler’s insurance
  • Informational materials

Accompanying Relatives

You may bring one accompanying relative at the trip sponsor’s expense if that relative was invited by the Primary Trip Sponsor.[28] Accompanying relatives are over the age of 18 and

• Spouses
• Children or step-children
• Parents or step-parents
• Siblings or half-siblings
• Grandchildren
• Mother- or father-in-law

If you would like to bring anyone else at the trip sponsor’s expense, you must write to the Committee for formal approval.

Even if the overall expense would be less for the trip sponsors to bring multiple relatives, you may only bring one accompanying relative at the trip sponsor’s expense.

Example. A Member is invited by organization Y to give a speech in Dallas on Saturday. Organization Z issues an unrelated invitation to the Member to address its members in Dallas on Sunday. Each group offers to pay expenses for the Member and one family member. The Member may bring only one family member to Dallas at the sponsors’ expense. The Member may not bring the Member’s spouse at the expense of organization Y and a child at the expense of organization Z. This arrangement would violate the allowance for one accompanying relative.

Example. A Member is invited to give a speech. The sponsoring organization offers the Member and the Member’s spouse business class airfare. The Member would also like to bring the Member’s child. The Member may not trade in the two business class tickets for three economy class tickets. Even if the total expense for the trip sponsor would be less, the Member may not bring two accompanying relatives at the trip sponsor’s expense. The Member would need to pay all of the travel expenses related to the child.

You may bring guests at your expense without formal approval from the Committee. You or your guest is responsible for all expenses related to the guest. You must receive approval from the Primary Trip Sponsor to bring additional guests.

Accompanying relatives must travel with you.[29] Therefore, an accompanying relative may not take more personal days, as discussed below, than you do. Accompanying relatives may depart from and return to a different location than you, or arrive after or depart before you, but otherwise must accompany you during the trip.[30]

Changes at Personal Expense

Extending at Personal Expense. You may add personal days to the beginning or the end of a privately-sponsored, officially-connected trip. To extend at personal expense, the primary purpose of the trip must remain officially-connected.

• To accept round-trip airfare from the trip sponsors, the maximum number of calendar days you may extend must be equal to or less than the number of full calendar days of programming with the trip sponsor.
• If you would like to extend longer, you will be responsible for half of the transportation expenses.
• In all cases, you must pay for lodging and meals on the additional days.[31]
• If you add personal days to the start of a trip, the 30 day deadline will move up.

Example. On an international trip, all of the travelers arrive at the destination on Monday afternoon. Monday evening the travelers participate in a two hour dinner with the trip sponsor. Tuesday through Friday the travelers spend 6-8 hours a day engaged in activities with the trip sponsor. Saturday morning the rest of the travelers will return home, but Traveler A would like to stay a few extra days. Because the trip had 4 full days of programming, Traveler A may stay 4 days and still accept roundtrip airfare from the trip sponsor. However, if the roundtrip airfare is more expensive than for the other travelers because of the new travel dates, Traveler A must pay the difference personally. Traveler A must request this extension on Traveler A’s Traveler Form due no later than 30 days before the start of the trip.

Example. On a domestic trip where the trip sponsors employ a lobbyist, the travelers arrive at the destination Thursday evening before the officially-connected events begin Friday morning. The rest of the travelers will return home Friday evening, but Traveler B would like to stay at the destination through the weekend. Because Traveler B will be extending for more than one calendar day, Traveler B must pay for the return transportation, as well as the meals and lodging during the additional two days. Traveler B must request this extension on Traveler B’s Traveler Form due no later than 30 days before the start of the trip.

Changes to Travel Itinerary at Personal Expense.  You may depart from or return to a different location than the rest of the travelers. You are responsible for any increase in trip costs, including any change fees, over what the trip sponsor is paying for the other travelers.

Stacking Trips

You may travel beyond the 96 hour or 7 day limit for multiple trips that are consecutive but distinct. The Committee calls these consecutive but distinct trips “stacked.” To stack trips, the sponsors, the purpose, and participants must truly be distinct. Common examples include

• Participating in two privately-sponsored, officially-connected trips where the first trip ends the same day that the second trip begins.
• Participating in a privately-sponsored, officially-connected trip, then leaving for personal vacation.
• Participating in a trip paid for by a state government agency and then a privately-sponsored, officially-connected trip, where the state agency’s trip ends the day the privately-sponsored, officially-connected trip begins.
• Participating in a CODEL or STAFFDEL and a privately-sponsored, officially-connected trip, where the private sponsor offers to pay for a side trip, and the purpose of the side trip is completely unrelated to the purpose of the CODEL or STAFFDEL.

If you are invited on, or plan to take, two or more trips that abut each other, please contact the Committee’s Office of Advice and Education at 202-225-7103 for guidance on what to report and how.

Travel for Members and Staff Leaving Office

Departing Members or staff wishing to travel after adjournment sine die should contact the Committee to determine whether a particular trip would still be related to the traveler’s official or representational duties. For example, travel to give a speech may still be related, but travel for a fact-finding mission may not.