May 10, 2006

 

 

 

MEMORANDUM FOR ALL MEMBERS, OFFICERS, AND EMPLOYEES

 

FROM:           Committee on Standards of Official Conduct

                          s/ Doc Hastings, Chairman

                          s/ Howard L. Berman, Ranking Minority Member

 

SUBJECT:     Interim Process for Voluntary Certification of Privately Funded Travel

                        Taken in Connection with Official Duties

 

 

            On May 3, 2006, the House of Representatives adopted, as amended, H.R. 4975, the “Lobbying Accountability and Transparency Act of 2006.”  The main provision of section 301 of H.R. 4975, if enacted into law, would prohibit Members, officers, and employees of the House from accepting travel (or travel expense reimbursement) related to their official duties (including any transportation, lodging, and meals during such travel) from a private source, unless that source first obtains written certification from this Committee that the travel complies with applicable House rules.  However, another provision would prohibit the Committee from issuing any such certification during an interim period following enactment of the bill until the Committee reports recommendations to changes on House Rule XXV, clause 5, unless two-thirds of the Committee Members, present and voting in the affirmative, vote to issue such certification.  The Committee’s recommendations would be due on June 15, 2006.  Conference committee proceedings will be commencing in due course relating to H.R. 4975 and S. 2349, the counterpart bill passed by the Senate.

 

Until the enactment of H.R. 4975 or a conference report requiring a similar certification, Members, officers, and employees may continue to accept privately sponsored travel that complies with the existing requirements of House Rule XXV, clause 5(b), as there currently is no requirement for pre-travel certification.  However, in recognition that many Members and staff have already made plans to travel between now and such time when the House may act on travel recommendations proposed by the Committee, the Committee has determined voluntarily to review and certify privately funded travel offered to Members, officers, and employees in connection with official duties, if the private sponsor of any such trip seeks such certification.[*]

 

            The purpose of the voluntary certification discussed in this memorandum is to promote compliance with the underlying travel provisions of House Rule XXV, clause 5(b), which would not be affected by H.R. 4975.  Under the existing rule, acceptance of travel expenses is permissible only if the primary purpose of the trip, as determined in a reasonable manner, is to engage in officially connected activity (for example, fact-finding on a matter related to one’s congressional duties, or travel to a speaking engagement, conference, or meeting related to congressional business).  In addition, the rule permits only the acceptance of “necessary” travel expenses, i.e., those expenses that are reasonably necessary for the officially connected activities to be accomplished.  There are also requirements concerning the appropriate source(s) of travel, travel duration limits, and destination requirements.  Moreover, during the course of travel, entertainment or recreational activities may be accepted from a private source only if their total value is less than $50, and the overall gift limit of less than $100 in any calendar year is observed.

 

            In order to request certification from the Committee that privately funded travel complies with the applicable House rules and standards, the private sponsor must provide the following information to the Committee in writing:

 

(1)        The names and titles of all intended or actual House invitees and non-House participants;

 

(2)        Whether travel is being offered to an accompanying relative of any House invitee;

 

(3)        A detailed description of the purpose of the travel;

 

(4)        A travel itinerary that includes the dates of travel and cities of departure, destination, and return;

 

(5)        A detailed agenda of the activities taking place during the travel (i.e., an hourly description of daily activities);

 

(6)        A description of the nature and amounts of travel expenses being offered, including those for any transportation, lodging, meals, entertainment or recreational costs, and other expenses (must specify any expenses identified as  “other”);

 

(7)        All sources of travel expenses;

 

(8)        A representation that no source of travel expenses (in whole or in part) is a federally registered lobbyist, lobbying firm, or registered foreign agent; and

 

(9)        A representation as to whether any of the funds for the travel were provided, directly or indirectly, by any third party that specifically earmarked the funds for purposes of financing the travel expenses.  If such funds were earmarked, each source must be separately disclosed.

 

This information should be provided to the Committee as early as possible in advance of officially connected travel.

 

It is important to note that it will continue to be the responsibility of Members and officers – for themselves and their staff – to determine that any privately funded travel which is accepted satisfies the requirement that the subject matter of the travel is related to official duties and would not create the appearance that the official is using public office for private gain.  See House Rule XXV, cl. 5(b)(2)(D), (b)(3)(F).  Nevertheless, this certification process will assist Members and officers in making the necessary determination.  In that regard, staff travel must continue to be authorized in writing in advance by the supervising Member or officer, see House Rule XXV, cl. 5(b)(1)(A)(i), (b)(2), and Members, officers, and employees must continue to file post-travel disclosure forms in connection with privately funded travel.  See House Rule XXV, cl. 5(b)(1)(A)(ii), (b)(3). 

 

Finally, as explained above, the certification process we are offering is a voluntary one, but it is one that we believe will benefit Members, officers, and employees considering whether to accept an offer of travel from a private source.  Acceptance of travel from a private travel sponsor who has not received certification will not in itself constitute a violation of House rules.

 

* * *

 

            Any questions should be directed to the Committee’s Office of Advice and Education at (202) 225-7103.

 

 


[*]  While section 301 of H.R. 4975 is addressed to “privately funded travel,” the subject of the provision is travel offered in connection with the official duties of a Member, officer, or employee.  See 152 Cong. Rec. H2015 (daily ed. May 3, 2006) (debate on H.R. 4975).  Travel offered by a private source that is not connected to the official duties of a Member, officer, or employee is not subject to the certification requirement.  For example, Members and staff may continue to accept without prior certification from the Committee travel resulting from outside business, employment, or other activities, provided that the criteria set forth clause 5(a)(3)(G)(i) of House Rule XXV are satisfied.  See pp. 83-86 of the Gifts and Travel booklet for additional guidance on the rules for the acceptance of travel unrelated to official duties paid for by a private source.