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XII. Travel Paid for by a Foreign Government
General Provisions
The Emoluments Clause of the Constitution limits your ability to accept travel from foreign governments. The Emoluments Clause prohibits you, as a federal government official, from receiving “any present . . . of any kind whatever” from a foreign government or its representative without the consent of Congress.[65]
[65] U.S. Const. Art. I, § 9, cl. 8.
Congress consented to travel from foreign governments in two main ways, the Foreign Gifts and Decorations Act (FGDA) and the Mutual Educational and Cultural Exchange Act (MECEA).[66] House rules also allow you to accept travel from a foreign government under FGDA or MECEA.[67]
[66] Congress consented to other programs outside of FGDA and MECEA, including the U.S.- Korea National Assembly Exchange Program. However, FGDA and MECEA are the most common methods that foreign governments use to offer Members, officers, and staff travel.
[67] Members, officers, and employees may accept “[a]n item, the receipt of which is authorized by [FGDA], [MECEA], or any other statute.” House Rule 25, cl. 5(a)(3)(N).
A trip under FGDA or MECEA may not be turned into a privately-sponsored, officially-connected trip by changing who manages the trip planning.[68] If a foreign government contracts with a private organization to plan or organize travel, the private organization operates at the direction of the foreign government. As a reminder, you, as a Member, officer, or employee, are subject to the Emoluments Clause and other Constitutional provisions discussed throughout. Therefore, you are responsible for ensuring you only accept permissible gifts.
[68] See Comm. on Ethics, In the Matters of Allegations Relating to Travel to Taiwan by Representatives William Owens and Peter Roskam in 2011, H.R. Rep. 113-226 (2013).
Foreign government entities can mean much more than just the foreign federal government. Foreign governments include foreign state or municipal governments, quasi-governmental organizations that are closely affiliated with or funded by foreign governments, and private organizations that are closely affiliated with or funded by foreign governments.[69]
[69] To determine whether an organization is part of a foreign government, the Committee looks to a number of factors including the level to which the organization is funded by a foreign government, whether the organization is controlled by a foreign government, and whether another U.S. government agency determined the organization is part of a foreign government. Organizations that meet the definition of foreign government may not offer privately-sponsored, officially-connected travel. Members, officers, and employees may only accept travel expenses from organizations that meet this definition under FGDA or MECEA. See Comm. on Ethics, In the Matter of Officially-Connected Travel by House Members to Azerbaijan in 2013, H.R. Rep. 114-239 (2015); Comm. on Ethics, In the Matters of Allegations Relating to Travel to Taiwan by Representatives William Owens and Peter Roskam in 2011, H.R. Rep. 113-226 (2013).
Travel under FGDA
The FGDA gave the Committee the authority to issue regulations that apply to all House Members, officers, and employees.[70]
[70] 5 U.S.C. § 7342(g)(1). The Committee is the House’s “employing agency” for the purposes of FGDA. Id. at (a)(6)(A).
Under FGDA, “foreign government” means
- Any unity of a foreign government, including national, state, local, and municipal governments
- Any international or multinational organization whose membership is comprised of units of foreign governments, including
- United Nations
- European Union
- North Atlantic Treaty Organization, NATO-PA
- Organization for Security and Cooperation in Europe
- An agent or representative of the government or organization while acting in that capacity
- Quasi-governmental organizations closely affiliated with, or funded by, foreign governments[71]
[71] To determine whether an organization is part of a foreign government, the Committee looks to a number of factors including the level to which the organization is funded by a foreign government, whether the organization is controlled by a foreign government, and whether another U.S. government agency determined the organization is part of a foreign government. Organizations that meet the definition of foreign government may not offer privately-sponsored, officially-connected travel. Members, officers, and employees may only accept travel expenses from organizations that meet this definition under FGDA or MECEA. See Comm. on Ethics, In the Matter of Officially-Connected Travel by House Members to Azerbaijan in 2013, H.R. Rep. 114-239 (2015); Comm. on Ethics, In the Matters of Allegations Relating to Travel to Taiwan by Representatives William Owens and Peter Roskam in 2011, H.R. Rep. 113-226 (2013).
You may only accept travel from a foreign government under FGDA if you are already outside the United States and you are traveling in your official capacity.
You may accept
- In-country travel expenses, including lodging, meals, and in-country transportation; or
- Transportation leaving or returning to different a foreign country to visit the host country.
Example. You may accept local transportation from the host country to inspect a site near where you are traveling on a CODEL or STAFFDEL.
Example. You may accept lodging and a meal from the host country before addressing that country’s legislature.
Example. You may accept in-country airfare from the host country to visit another area of the country for fact-finding purposes while on a STAFFDEL.
Example. You may accept transportation from the host country to leave or return to a different foreign country to visit the host country.
You may not accept
- Travel leaving from or returning to the United States to visit the host country;
- Transportation or lodging in the United States;
- Travel expenses, including in-country expenses, from the host country while on personal travel, campaign travel, or an academic exchange; or
- Travel expenses from a registered federal lobbyist or foreign agent.[72]
[72] If a foreign government is directly paying for the travel, the foreign government is the donor and the travel must comply with FGDA or MECEA. If a registered federal lobbyist or foreign agent is using funds from its own account to pay for travel expenses or reimbursement, you may not accept those expenses or reimbursement.
You may not circumvent the limitations on travel under FGDA by traveling to a location just outside the United States and having the foreign government then pay for your transportation. You must have an official reason for being in the location where the foreign government begins paying for your travel expenses.
Your spouse or dependent children may also accept travel expenses from a foreign government under FGDA if they are traveling with you.[73] Your spouse and dependent children also may not accept travel for purely personal purposes.
[73] 5 U.S.C. § 7342(a)(1)(G).
You do not need Committee pre-approval, but you must report any FGDA travel within 30 days of leaving the foreign country. You must report FGDA travel regardless of the value of those travel expenses. When you return from your trip, you must complete the FGDA Disclosure Form and return it to the Committee. The Department of State makes FGDA disclosures public in the Federal Register each year.[74] If you file annual financial disclosure statements, you do not need to disclose FGDA travel on your annual statement that is properly reported to the Committee on the FGDA Disclosure Form.
[74] 5 U.S.C. § 7342(f)(1).
Example. The Chinese Agricultural Ministry invites the Members of the Agriculture Committee on a ten-day tour of Chinese farm cooperatives. The tour is not part of an approved MECEA program. The Members may, consistent with FGDA, accept expenses for themselves and their spouses while they are in China. The Members and the spouses may not accept airfare to and from China at the expense of the Chinese government. The Members must disclose the receipt of these expenses for themselves and their spouses on the FGDA disclosure form within 30 days of leaving China. The Members do not need to report the trip on their annual financial disclosure statements.
Travel under MECEA
You may accept travel to a foreign country from a foreign government that has a MECEA agreement with the United States.[75] MECEA travel is for cultural exchanges. The Department of State negotiates MECEA agreements with foreign governments. Therefore, any travel offered under MECEA must comport with the agreement on file with the Department of State. You may not accept MECEA travel within the United States.
[75] 22 U.S.C. § 2458a.
You do not need Committee pre-approval for MECEA travel and MECEA travel is not subject to the same time limits as privately-sponsored, officially-connected travel. You should, however, contact the Department of State to ensure the travel you were offered is covered by the MECEA agreement with that foreign government. If you file annual financial disclosure statements, you must report any MECEA trips on Schedule H (“Travel Payments and Reimbursements”) of your annual statement.
Only you may accept MECEA travel. MECEA agreements do not allow your spouse, children, or any other accompanying guests to travel with you at the expense of the foreign government.[76]
[76] Id. at (a)(1)(C).
Example. A public university in Germany invites a Member to attend a two-week seminar and discussion series with German leaders at the school. The trip falls under an approved MECEA agreement. The Member may accept expenses for travel to and from Germany and related expenses for the Member’s two-week stay. If the Member would like to bring a family member, the Member must do so at personal expense. The Member must disclosure the trip on the Member’s annual financial disclosure statement.
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