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X. Travel Paid for by Federal, State, or Local Governments
You may accept travel that is paid for by a federal, state, or local governmental entity, or secured under a government contract.[56]You do not need to seek prior approval from the Committee to accept this travel. Under this exception, you may accept transportation, meals, and lodging from the government entity. If you file financial disclosure reports, you do not need to report travel paid for by a federal, state, or local governmental entity, or secured under a government contract.
[56] House Rule 25, cl. 5(a)(3)(O). This rule also allows Members, officers, and employees to accept gifts, including travel, that are “secured by the Government under a Government contract.” “Government contracts” under this provision mean federal government contracts. See, e.g., 5 C.F.R. § 2635.203(7); 57 Fed. Reg. 35,014 (Aug. 7, 1992) (“The exclusion is intended to cover items the Government procures for use by its employees under a Government contract or knowingly obligates itself to pay for.”).
You may only accept these travel expenses directly from the government entity, not through a third party such as a registered federal lobbyist, or where the government entity is merely a conduit for the third party.[57]
[57] See Comm. on Rules, Amending the Rules of the House of Representative to Provide for Gift Reform, H.R. Rep. No. 104-337, at 11 (1995).
To determine if an entity is a governmental entity, the Committee looks to whether the entity is treated as a government agency for other purposes.
The Committee considers these entities to be government entities.
- United States federal government
- United States state governments
- United States municipal governments, including municipal airports
- Commonwealths and territories of the United States
- Smithsonian Institute
- Washington Metropolitan Area Transit Authority (WMATA)
- Tennessee Valley Authority
- California Joint Powers Authorities such as the Metropolitan Water District of Southern California[58]
- Public universities, including Pennsylvania state-related universities[59] The Committee does not consider these entities to be government entities.
- Native American tribes[60]
- Amtrak[61]
- Regional Federal Home Loan Banks
[58] See Cal. Gov’t Code §§ 6500-6599.3.
[59] See 22 Pa. Code § 31.2 (Pennsylvania state-related universities are instrumentalities of the commonwealth).
[60] The Committee considered this matter carefully and found nothing in the legislative history of the current gift rule or its predecessors indicating an intent to treat Native American tribes as state or local government entities for these purposes. The Committee also does not consider Native American tribes to be foreign governments.
[61] Amtrak is not a department, agency, or instrumentality of the United States Government.
. .” 49 U.S.C. § 24301(a)(3).
These lists are not exhaustive. Please contact the Committee if you have any questions about whether an entity is part of the government.
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