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XIII. Travel on Non-Commercial Aircraft
Generally, you may not travel on non-commercial aircraft unless the House Rules allow it.[77]
[77] House Rule 23, cl. 15(a).
Travel on non-commercial aircraft is very strictly regulated, and very fact- specific. Non-commercial aircraft includes chartered aircraft, leasing services such as NetJets, and privately- or corporate-owned aircraft. Additionally, candidates for the House may be even more limited in their ability to accept travel on non-commercial aircraft.[78] Although ways to accept travel on non-commercial aircraft are discussed in this section, we highly recommend you call the Committee before accepting any travel on non-commercial aircraft.
[78] 52 U.S.C. § 30114(c).
Reimbursement for Travel on Non-Commercial Aircraft
House Rule 23, clause 15 governs reimbursement for travel on non-commercial aircraft. Although this rule allows reimbursement in certain circumstances, you may still need to check with the Committee on House Administration or the FEC if you would like to use something other than personal funds to reimburse for travel on a non-commercial aircraft.
Under House Rules, you may reimburse for travel on a non-commercial aircraft when[79]
[79] House Rule 23, cl. 15(b).
- The aircraft is operated by an air carrier or commercial operator with a proper license from a government (e.g., travel on a commercial airline or chartered aircraft);
- The flight is offered to the Member, in the Member’s personal capacity, by a personal friend or another Member;
- The aircraft is operated by a federal, state, or local government;
- The aircraft is owned or leased by a Member or a family member[80] of a Member; or
[80] “Family member” for purposes of this rule is defined as the Member’s spouse, parents, children, siblings, and parents-in-law. House Rule 23, cl. 15(d)(2).
- Including an aircraft owned by an entity that is not a public corporation where the Member or the family member has an ownership interest, provided that the Member does not use the aircraft any more than the Member or family member’s proportionate share of ownership allows.
- The owner or operator of the aircraft is paid a pro rata share of the fair market value of the normal and usual charter fare or rental charge for a comparable plane of comparable size as determined by dividing the cost by the number of Members, Delegates, or the Resident Commissioner, officers, or employees of Congress on the flight.
- For example, if a non-commercial aircraft flight cost $25,000 and only one Member is on the flight, the Member’s pro rata share of the flight is
$25,000, regardless of the number of non-congressional travelers on the plane.
- For example, if a non-commercial aircraft flight cost $25,000 and only one Member is on the flight, the Member’s pro rata share of the flight is
Gifts of Travel on Non-Commercial Aircraft
Gifts of travel on non-commercial aircraft are considered gifts under the House Gift Rule. Therefore, you may only accept travel on non-commercial aircraft without reimbursement if the gift meets one of the gift exceptions.[81]
[81] House Rule 25, cl. 5(a)(1)(A)(i). Impermissible travel on non-commercial aircraft has been the subject of Committee investigations over the years. See Comm. on Ethics, In the Matter of Allegations Relating to Representative Don Young, H.R. Rep. 113-487 (2014) (improper personal use of campaign funds for and improper gifts of travel on private aircraft for personal travel); Comm. on Standards of Official Conduct, Investigation of Travel on Corporate Aircraft Taken by Representative Dan Daniel, H.R. Rep. 99-470 (1986) (improper acceptance of travel on corporate aircraft for official travel). The Committee issued guidance concerning travel on non-commercial aircraft that is incorporated in this manual. Comm. on Ethics, Non-Commercial Aircraft Travel (Apr. 10, 2019).
Acceptance of Travel Provided by a Relative. You may accept gifts from your relatives.[82] If you are a candidate for the House traveling for campaign purposes, however, “relatives” means only the candidate and the candidate’s immediate family, including a spouse, parent, child, sibling, or parent-in-law.[83]
[82] House Rule 25, clause 5(a)(3)(C).
[83] Candidates for the House, traveling as candidates, may only accept travel on non-commercial aircraft if that aircraft is owned by the candidate or the candidate’s immediate family, including a spouse, parents, children, siblings, and parents-in-law. 52 U.S.C. § 30114(c)(3)(B).
Example. Your father owns a private plane and offers the use of that plane for commuting back and forth to the district. You may accept the flights on that private aircraft from your relatives.
Acceptance of Travel Provided on the Basis of Personal Friendship. You may accept travel on non-commercial aircraft that meets the requirements for gifts based on personal friendship. Additional considerations include
- As a general matter, the personal friendship provision only applies if the aircraft is owned by the individual, and does not apply to a flight on an aircraft owned by a corporation or other entity, where the individual does not have access to the aircraft for personal purposes.
- The Committee must formally approve gifts based on personal friendship that exceed $250. Practically any flight on a non-commercial aircraft will exceed
$250 in value and will require Committee approval.[84] - A flight may not be accepted on the basis of personal friendship when the primary purpose of the trip is either to conduct House business or engage in campaign activity.
[84] The value of a flight on a non-commercial aircraft is to be determined as follows. When the travel is via a previously or regularly-scheduled flight by the owner or operator of the aircraft, and the airports between which the Member or staff person is flying have regularly-scheduled air service (regardless of whether such service is direct), the value of the use of the aircraft is the cost of a first- class ticket from the airport of departure to the airport of destination. If only the coach rates are provided between those points, the value is the coach rate. If more than one first-class rate is available, the lowest fare may be used. However, no discount fares may be used for valuation purposes.
When the flight is scheduled specifically for Member or staff person use, or when either the airport of origin or destination does not have regularly-scheduled air service, the value of the use of the aircraft is the full cost of chartering the same or similar aircraft for that flight, divided by the number of Members, Delegates, or the Resident Commissioner, officers, or employees of Congress on the flight.
Example. Your personal friend owns a private plane and asks you to accompany her on vacation. The travel will occur between two airports that have regularly-scheduled commercial service. You may accept the flight on the private aircraft to go on vacation with your personal friend, if the Committee approves. Because the travel will occur between two airports with regularly-scheduled air service, the value of that flight will be the cost of the first-class ticket between those two airports. If the value of that first-class ticket is more than $250, you must receive written permission from the Committee.
Example. Your personal friend owns a private plane and asks you to accompany him on vacation. Although you could get to the general location of the vacation on regularly-scheduled air service, the particular airport where your friend will depart does not have regularly-scheduled air service to the destination airport, even through connecting flights. You may accept the flight on the private aircraft to go on vacation with your personal friend, if the Committee approves the request. Unlike the example above, the value of this flight will be the full cost of chartering the same or similar aircraft for the flight. This is because the two airports do not have regularly-scheduled air service.
Acceptance of Travel Provided by Another Member or Employee. You may accept a flight on a non-commercial aircraft from another Member, officer, or employee of the U.S. House of Representatives or U.S. Senate that is not related to travel for, or on behalf of, a candidate for the House. Remember, generally superiors may not accept gifts from their employees unless those gifts are for special occasions such as marriage, retirement, birth of a child, birthdays, anniversaries, or holidays.[85]
[85] 5 U.S.C. § 7351; House Rule 25, cl. 5(a)(3)(F).
Example. A Member owns a private plane and would like to invite other Members or staff to fly on that plane in order to attend an official meeting. Members and staff may accept gifts from other Members, including travel on non-commercial aircraft owned by the other Member for official purposes.
Example. Instead, the Member would like to invite other Members or staff to fly on his plane for personal purposes. Members and staff may also accept gifts from other Members for purely personal purposes, including travel on non-commercial aircraft.
Example. A Member owns a private plane and offers it to a Senator to go on vacation, as long as the Senator pays for the costs associated with the flight. If the Senator would like to accept the Member’s offer, the Senator should contact the Senate Ethics Committee for further guidance. Conversely, if you would like to accept travel on a Senator’s private plane, please contact the Committee for further guidance.
Acceptance of Travel Resulting from Outside Business, Employment, or Other Activities. You may accept travel on a non-commercial aircraft while participating in travel resulting from outside business, employment, or other activities if two conditions are met.
- The non-commercial aircraft was not provided or enhanced because of your official position, and
- Such travel is customarily provided to others in similar circumstances.[86]
[86] House Rule 25, cl. 5(a)(3)(G).
Acceptance of Travel Paid for by Federal, State, or Local Governments. You may accept a flight on a non-commercial aircraft that is paid for by a federal, state, or local governmental entity.[87]
[87] House Rule 25, cl. 5(a)(3)(O).
Example. The governor would like to fly the state’s congressional delegation to the state to view an area impacted by a natural disaster. The governor would provide transportation on a state-owned plane for the Members. Members and staff may accept travel on a non-commercial aircraft owned by a federal, state, or local government.
Acceptance of Travel Paid for by a Foreign Government. You may accept a flight on a non-commercial aircraft that is paid for by a foreign government if the flight complies with the requirements of either the Foreign Gifts of Decorations Act (FGDA) or the Mutual Educational and Cultural Exchange Act (MECEA). The requirements of those statutes, including that travel paid for under the FGDA must take place totally outside the United States and be related to an official purpose, must be met for you to accept the travel.
For more information, see Travel Paid for by a Foreign Government.
Privately-Sponsored Travel. Members, officers, and employees participating in privately-sponsored, officially-connected travel may not accept travel on a non- commercial, private, or chartered flight unless the trip sponsor demonstrates exceptional circumstances in writing. See Acceptable Travel Expenses.
Acceptance of Travel under Committee’s Waiver Authority. In special circumstances, you may ask the Committee to exercise its waiver authority to allow travel on private aircraft.[88] You must seek and receive permission before traveling on the private aircraft.[89]
Example. A natural disaster ravaged a Member’s district. Due to the extent of the damage, commercial and chartered flights are not available. The Member is invited to travel on a private aircraft, for free, to survey the damaged areas of his district. After consultation with the Committee, it does not appear that any exception to the House gift rule would apply. However, the Member may write in to the Committee and request a waiver. Both House Rule 23, clause 15(c) and House Rule 25, clause 5(a)(3)(T) allow the Committee to grant a waiver to these rules in unusual circumstances.
[88] House Rule 23, cl. 15(c).
[89] Id.
Honest Leadership and Open Government Act Prohibitions
Acceptance of Travel for Campaign Activity. House candidates, and those traveling on behalf of a House candidate, generally may not fly on private aircraft, whether reimbursed or not.[90] If you are not acting in your capacity as a candidate for the House, or in support of a House candidate, you may accept travel on a non-commercial aircraft if offered by a political organization in connection with a fundraiser or campaign event sponsored by that political organization.[91] The question of travel on non-commercial aircraft for a campaign purpose is very fact-specific, and you should consult with the Committee and the FEC before accepting travel.
[90] See 52 U.S.C. § 30114(c); 11 C.F.R. § 100.93.
[91] House Rule 25, cl. 5(a)(G)(iii). Although allowed by the gift rule, HLOGA prohibits Members, officers, and employees from accepting travel on a non-commercial aircraft paid for by a House candidate’s principal campaign committee or leadership PAC. See 11 C.F.R. § 100.93.
Example. A Member is traveling to a fundraiser for her re-election campaign. One of her supporters offers her travel on the supporter’s private plane to that fundraiser. The Member may not accept travel on that private plane. Generally, candidates for the House may not accept travel on private aircraft for campaign purposes. Please contact the FEC congressional liaisons for additional information concerning travel on private aircraft for campaign-related purposes.
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