Travel

Topics

Privately-Sponsored Travel Overview

Privately-sponsored travel is subject to the Privately-Sponsored Travel Regulations and Guidelines and length restrictions outlined in the Quick Reference Travel Regulations Table.  Travel or lodging expenses for officially-related travel that are paid for by a non-government source are subject to these regulations and guidelines.

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Privately-Sponsored Travel Review Process and Public Filings
Pre-Travel Certification

Every Member, officer, or employee wishing to participate in privately-sponsored travel must receive prior written Committee approval for such travel.  To receive Committee approval, Members and staff must provide the following to the Committee:

A Member or employee seeking approval for a trip must submit a complete travel package to the Committee at least 30 days prior to the trip.  Members and employees are advised to maintain copies of all completed forms for their own records.  As discussed below, certain forms are required to be included with the public filing with the Secretary of Senate following return from the travel.

Incomplete travel packets and travel packets submitted later than 30 days prior to the travel departure date will NOT be considered or approved.

Post-Travel Disclosure

Members, officers, and employees must submit a completed travel package to the Office of Public Records (232 Hart Senate Office Building) no later than 30 days following their return date.  This package must include:

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Privately-Sponsored Travel Regulations

The Committee’s regulations and guidelines for Privately-Sponsored Travel require that:

  • Travel must relate to the Senate individual’s official duties.
  • Senate invitees may not participate in trips planned, organized, arranged, or requested by a lobbyist or foreign agent.
  • Travel expenses for a Senate invitee’s spouse or child (but not both) may be permissible if the family member has received an unsolicited invitation from the sponsor and the supervising Senator determines in advance and in writing that the spouse or child’s attendance will assist in representing the Senate.
  • For all trips other than one-day trips paid for by sponsors that employ or retain lobbyists or foreign agents, a lobbyist or foreign agent may not accompany a Senator, officer, or employee “at any point throughout the trip.”
    •  “At any point throughout the trip” means any parts of the travel to and from the event, as well as at the event itself or location being visited.
  • For one-day trips paid for by sponsors that employ or retain lobbyists or foreign agents, a lobbyist or foreign agent may not accompany a Senator, officer, or staff member on “any segment of the trip.”
    • “Any segment of the trip” means any parts of the travel to and from the event, rather than the event itself or the location being visited.
  • An acceptable sponsor may pay for the “necessary expenses” of travel for participating Senate personnel.
    • Necessary Expenses include:
      • Reasonable expenditures for transportation, lodging, conference fees and materials, and food and refreshments,
      • Coach rate airfare, and
      • Expenses must be generally comparable to the maximum per diem rates for official government travel.
    • Prohibited Expenses include:
      • Private or charter airfare,
      • Alcoholic beverages,
      • Recreational activities,
      • Personal expenses such as telephone calls,
      • Entertainment unless provided to all attendees as integral part of the event, and
      • First class airfare without prior written approval from the Ethics Committee.

Regulations and Guidelines for Privately-Sponsored Travel

Regulations and Guidelines for Privately-Sponsored Travel (Glossary)

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Official Travel

The term “official travel” refers to travel paid for with official Senate funds.  Such travel is not subject to Committee pre-approval, nor does the travel need to be disclosed on one’s annual Financial Disclosure Report.  Please consult the Committee on Rules and Administration with questions regarding official travel.

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Travel Paid for by a Governmental Entity

Travel Paid for by a Federal, State, or Local Government

Members, officers, and employees may accept travel that is paid for by the federal government, by a state or local government (including public universities), secured by the government under a government contract, or Native American groups with whom the federal government has entered into formal recognition of sovereignty.  See Senate Rule 35.1(c)(16).  Such travel is not subject to Committee pre-approval, nor does the travel need to be disclosed on the official’s annual Financial Disclosure Report.  

Foreign Government Travel

The U.S. Constitution prohibits government officials, including Members, officers, and employees of Congress, from receiving any present of any kind from a foreign state or representative without the consent of Congress.  Congress has consented, through the Foreign Gifts and Decorations Act (FGDA), 5 U.S.C. § 7342, and the Mutual Educational and Cultural Exchange Act (MECEA), 22 U.S.C. § 2451, et seq., to the acceptance of certain gifts from foreign governments.  

  • Foreign Gifts and Decorations Act

The FGDA allows Members, officers, and employees to accept travel and travel- related expenses paid for by a foreign government, if the travel occurs completely outside the United States.  Members and employees who accept travel expenses under the FGDA must disclose such travel expenses within 30 days after leaving the foreign country.  The Committee provides a FGDA form for this purpose.  

  • Mutual Educational and Cultural Exchange Act

MECEA authorizes the U.S. Department of State to approve cultural exchange programs between the U.S. and other countries.  Members, officers, and employees may accept travel expenses from a foreign government in order to participate in approved MECEA programs.  However, under MECEA, the traveler  may not accept travel expenses for a spouse or family member.  Members, officers, and employees who are required to file an annual Financial Disclosure Report must disclose any MECEA trip in which they participated on Part VI of that report.  

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Travel Unrelated to Official Duties

Travel Resulting from Outside Activities

Members, officers, and employees may accept travel resulting from outside business or employment activities (or other outside activities that are not connected to the duties of the official as an officeholder), or the spouse of the official, if such travel has not been offered or enhanced because of the official’s position and is customarily provided to others in similar circumstances.  Consistent with this exception, Members and staff may accept travel expenses from potential employers for the purpose of attending job interviews.  See Senate Rule 35.1(c)(7).

Gift of Travel Based on Personal Friendship

A Member, officer, and employee may accept a gift of travel that is given on the basis of personal friendship, unless there is reason to believe that the gift was provided because of the individual’s official position and not because of the personal friendship.  However, if gift of travel exceeds $250 in value, written approval from the Committee is required.   See Senate Rule 35.1(c)(4)(B).

In determining whether a gift of travel is provided on the basis of personal friendship, one should consider:  (1)  the history of the official’s relationship with the donor, including any previous exchange of gifts, (2)  whether, to the official’s actual knowledge the donor personally paid for the gift or sought a tax deduction or business reimbursement for the gift, and (3) whether, to the official’s actual knowledge, the donor at the same time gave the same or similar gifts to other Members or staff.   

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Mixed Purpose (Official and Campaign) Travel

Expenses for mixed purpose travel must be pro-rated on a reasonable basis to accurately reflect the purpose of the trip.  Questions regarding Federal Election Commission (FEC) regulations should be directed to the FEC Congressional Liaison at (202) 694-1006.

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Quick Reference Travel Regulations Table

Permissible Sponsor

 Time Limits

Lobbyist and Foreign Agent Accompaniment

Committee
Pre-approval and Post-travel Disclosure Required

Notes

Private Entities that employ or retain lobbyists or foreign agents

1 day/
1 night trip

Not permitted on any segment of the trip

 Yes

Travel may be extended to a second night stay when determined by the Committee to be practically required for traveler to participate in the one-day event.

§ 501(c)(3) Nonprofit Organizations

 and

Entities that do not employ or retain
lobbyists or foreign
agents

Up to 3 days domestic

 or

 7 days foreign

 Not permitted at any point throughout the trip

Yes

Time limit is exclusive of travel time.

Domestic Governmental Entities

None

 N/A

No

Sponsors may include federal, state, and local governments, including public universities or colleges, and federally-recognized Native American tribes.

Foreign Governmental
Entities

None

N/A

No pre-approval required.

 MECEA travel must be disclosed on Part VI of the annual Financial Disclosure Report.

FGDA travel must be disclosed on the FGDA Disclosure Form.

Foreign governments may sponsor travel with a MECEA approved trip

and/or

May pay for in-country foreign travel as permitted under FGDA.

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Privately-Sponsored Travel - FAQs

Q:   Where do I turn in my pre-travel and/or post-travel submissions?

A:   Please submit your pre-travel request to the Senate Select Committee on Ethics in 220 Hart.  Submit your post-travel submission to the Office of Public Records in 232 Hart.

Q:   Where can I find the documents I need to submit for my pre-travel approval request?

A:   Please visit the “Travel” section on the Ethics Committee’s website for a description of the documents required.

Q:   Who may sign my Employee Pre-Travel Authorization and Employee Post-Travel Disclosure of Travel Expenses forms?

A:    This form may must be signed and dated by your supervising Senator or Officer.  Officers include the President of the Senate, President pro tempore, Secretary of the Senate, Sergeant at Arms, Secretary for the Majority, Secretary for the Minority, and Senate Chaplain. 

Q:   Do I need to get approval from the Ethics Committee to accept an invitation to travel on a trip that has been approved by the State Department under the Mutual Educational and Cultural Exchange Act (“MECEA”)?

A:    No.  Because MECEA travel has already been approved by the State Department under a separate statutory framework, approval under the Senate travel rules and regulations is not required.  Please contact the Department of State if you have questions on whether or not a MECEA trip has been approved.

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Travel Forms
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Travel Training

Rule XXXV - Gifts (Travel Section)

2.17 (a)(1)18A reimbursement (including payment in kind) to a Member, officer, or employee from an individual other than a registered lobbyist or agent of a foreign principal or a private entity that retains or employs 1 or more registered lobbyists or agents of a foreign principal for necessary transportation, lodging and related expenses for travel to a meeting, speaking engagement, factfinding trip or similar event in connection with the duties of the Member, officer, or employee as an officeholder shall be deemed to be a reimbursement to the Senate and not a gift prohibited by this rule, if the Member, officer, or employee complies with the requirements of this paragraph.

(2)(A)19 Notwithstanding clause (1), a reimbursement (including payment in kind) to a Member, officer, or employee of the Senate from an individual, other than a registered lobbyist or agent of a foreign principal, that is a private entity that retains or employs 1 or more registered lobbyists or agents of a foreign principal shall be deemed to be a reimbursement to the Senate under clause (1) if—

(i) the reimbursement is for necessary transportation, lodging, and related expenses for travel to a meeting, speaking engagement, factfinding trip, or similar event described in clause (1) in connection with the duties of the Member, officer, or employee and the reimbursement is provided only for attendance at or participation for 1 day (exclusive of travel time and an overnight stay) at an event described in clause (1); or

(ii) the reimbursement is for necessary transportation, lodging, and related expenses for travel to a meeting, speaking engagement, factfinding trip, or similar event described in clause (1) in connection with the duties of the Member, officer, or employee and the reimbursement is from an organization designated under section 501(c)(3) of the Internal Revenue Code of 1986.

(B) When deciding whether to preapprove a trip under this clause, the Select Committee on Ethics shall make a determination consistent with regulations issued pursuant to section 544(b) of the Honest Leadership and Open Government Act of 2007. The committee through regulations to implement subclause (A)(i) may permit a longer stay when determined by the committee to be practically required to participate in the event, but in no event may the stay exceed 2 nights.

(3)20 For purposes of clauses (1) and (2), events, the activities of which are substantially recreational in nature, shall not be considered to be in connection with duties of a Member, officer, or employee as an officeholder.

(b)21 Before an employee may accept reimbursement pursuant to subparagraph (a), the employee shall receive advance written authorization from the Member or officer under whose direct supervision the employee works. Each advance authorization to accept reimbursement shall be signed by the Member or officer under whose direct supervision the employee works and shall include—

(1) the name of the employee;

(2) the name of the person who will make the reimbursement;

(3) the time, place, and purpose of the travel; and

(4) a determination that the travel is in connection with the duties of the employee as an officeholder and would not create the appearance that the employee is using public office for private gain.

(c)22 Each Member, officer, or employee that receives reimbursement under this paragraph shall disclose the expenses reimbursed or to be reimbursed, the authorization under subparagraph (b) (for an employee), and a copy of the certification in subparagraph (e)(1) to the Secretary of the Senate not later than 30 days after the travel is completed. Each disclosure made under this subparagraph of expenses reimbursed or to be reimbursed shall be signed by the Member or officer (in the case of travel by that Member or officer) or by the Member or officer under whose direct supervision the employee works (in the case of travel by an employee) and shall include —

(1) a good faith estimate of total transportation expenses reimbursed or to be reimbursed;

(2) a good faith estimate of total lodging expenses reimbursed or to be reimbursed;

(3) a good faith estimate of total meal expenses reimbursed or to be reimbursed;

(4) a good faith estimate of the total of other expenses reimbursed or to be reimbursed;

(5) a determination that all such expenses are necessary transportation, lodging, and related expenses as defined in this paragraph;

(6)23 a description of meetings and events attended; and

(7)24 in the case of a reimbursement to a Member or officer, a determination that the travel was in connection with the duties of the Member or officer as an officeholder and would not create the appearance that the Member or officer is using public office for private gain.

(d)(1)25 A Member, officer, or employee of the Senate may not accept a reimbursement (including payment in kind) for transportation, lodging, or related expenses under subparagraph (a) for a trip that was—

(A) planned, organized, or arranged by or at the request of a registered lobbyist or agent of a foreign principal; or

(B)(i) for trips described under subparagraph (a)(2)(A)(i) on which a registered lobbyist accompanies the Member, officer, or employee on any segment of the trip; or

(ii) for all other trips allowed under this paragraph, on which a registered lobbyist accompanies the Member, officer, or employee at any point throughout the trip.

(2) The Select Committee on Ethics shall issue regulations identifying de minimis activities by registered lobbyists or foreign agents that would not violate this subparagraph.

(e)26 A Member, officer, or employee shall, before accepting travel otherwise permissible under this paragraph from any source—

(1) provide to the Select Committee on Ethics a written certification from such source that—

(A) the trip will not be financed in any part by a registered lobbyist or agent of a foreign principal;

(B) the source either—

(i) does not retain or employ registered lobbyists or agents of a foreign principal and is not itself a registered lobbyist or agent of a foreign principal; or

(ii) certifies that the trip meets the requirements of subclause (i) or (ii) of subparagraph (a)(2)(A);

(C) the source will not accept from a registered lobbyist or agent of a foreign principal or a private entity that retains or employs 1 or more registered lobbyists or agents of a foreign principal, funds earmarked directly or indirectly for the purpose of financing the specific trip; and

(D) the trip will not in any part be planned, organized, requested, or arranged by a registered lobbyist or agent of a foreign principal and the traveler will not be accompanied on the trip consistent with the applicable requirements of subparagraph (d)(1)(B) by a registered lobbyist or agent of a foreign principal, except as permitted by regulations issued under subparagraph (d)(2); and

(2) after the Select Committee on Ethics has promulgated regulations pursuant to section 544(b) of the Honest Leadership and Open Government Act of 2007, obtain the prior approval of the committee for such reimbursement.

(f)27 For the purposes of this paragraph, the term ‘‘necessary transportation, lodging, and related expenses’’—

(1) includes reasonable expenses that are necessary for travel for a period not exceeding 3 days exclusive of travel time within the United States or 7 days exclusive of travel time outside of the United States unless approved in advance by the Select Committee on Ethics;

(2) is limited to reasonable expenditures for transportation, lodging, conference fees and materials, and food and refreshments, including reimbursement for necessary transportation, whether or not such transportation occurs within the periods described in clause (1);

(3) does not include expenditures for recreational activities, nor does it include entertainment other than that provided to all attendees as an integral part of the event, except for activities or entertainment otherwise permissible under this rule; and

(4) may include travel expenses incurred on behalf of either the spouse or a child of the Member, officer, or employee, subject to a determination signed by the Member or officer (or in the case of an employee, the Member or officer under whose direct supervision the employee works) that the attendance of the spouse or child is appropriate to assist in the representation of the Senate.

(g) The Secretary of the Senate shall make all advance authorizations, certifications, and disclosures filed pursuant to this paragraph available for public inspection as soon as possible after they are received, but in no event prior to the completion of the relevant travel.

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17 (Note: amendments to paragraph (2) pursuant to Pub. L. 110–81, Sep. 14, 2007, take effect 60 days after enactment or the date that the Select Committee on Ethics issues new guidelines pertaining to this paragraph.)

18 Subparagraph (a)(1) was amended pursuant to Pub. L. 110–81, Sep. 14, 2007.

19 Clause (2) was added pursuant to Pub. L. 110–81, Sep. 14, 2007.

20 Clause (3) was renumbered and amended pursuant to Pub. L. 110–81, Sep. 14, 2007.

21 Subparagraph (b) amended pursuant to Pub. L. 110–81, Sep. 14, 2007.

22 Subparagraph (c) amended pursuant to Pub. L. 110–81, Sep. 14, 2007.

23 Clause (6) added pursuant to Pub. L. 110–81, Sep. 14, 2007.

24 Clause (7) renumbered pursuant to Pub. L. 110–81, Sep. 14, 2007.

25 Subparagraph (d) added pursuant to Pub. L. 110–81, Sep. 14, 2007.

26 Subparagraph (e) added pursuant to Pub. L. 110–81, Sep. 14, 2007.

27 Subparagraph (f) renumbered and subparagraph (g) renumbered and amended pursuant to Pub. L. 110–81, Sep. 14, 2007.

Rule XXXIX - Foreign Travel

Foreign Travel

1. (a) Unless authorized by the Senate (or by the President of the United States after an adjournment sine die), no funds from the United States Government (including foreign currencies made available under section 502(b) of the Mutual Security Act of 1954 (22 U.S.C. 1754(b)) shall be received for the purpose of travel outside the United States by any Member of the Senate whose term will expire at the end of a Congress after—

(1) the date of the general election in which his successor is elected; or

(2) in the case of a Member who is not a candidate in such general election, the earlier of the date of such general election or the adjournment sine die of the second regular session of that Congress.

(b)42 The travel restrictions provided by subparagraph (a) with respect to a Member of the Senate whose term will expire at the end of a Congress shall apply to travel by—

(1) any employee of the Member;

(2) any elected officer of the Senate whose employment will terminate at the end of a Congress; and

(3) any employee of a committee whose employment will terminate at the end of a Congress.

2. No Member, officer, or employee engaged in foreign travel may claim payment or accept funds from the United States Government (including foreign currencies made available under section 502(b) of the Mutual Security Act of 1954 (22 U.S.C. 1754(b)) for any expense for which the individual has received reimbursement from any other source; nor may such Member, officer, or employee receive reimbursement for the same expense more than once from the United States Government. No Member, officer, or employee shall use any funds furnished to him to defray ordinary and necessary expenses of foreign travel for any purpose other than the purpose or purposes for which such funds were furnished.

3. A per diem allowance provided a Member, officer, or employee in connection with foreign travel shall be used solely for lodging, food, and related expenses and it is the responsibility of the Member, officer, or employee receiving such an allowance to return to the United States Government that portion of the allowance received which is not actually used for necessary lodging, food, and related expenses.

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42 Pursuant to S. Res. 80, 100–1, Jan. 28, 1987, paragraph 1 was renumbered as 1. (a) and subparagraph (b) was added