The influential Washington publication, National Journal, published this week a lengthy examination of two exceptions to the congressional travel rules.  The exceptions have permitted Members of Congress to participate in extensive overseas travel, paid by outside interests and often organized by registered lobbyists, in spite of earlier reform efforts designed to restrict privately organized and funded travel.

This is an important story that could prompt further examinations of privately funded travel or spur efforts to implement new changes in the travel rules, such as closing the exceptions that permit travel to be funded by foreign governments and certain nonprofit organizations.  Many foreign governments and corporations active in Washington have used these exemptions to support lawful congressional travel.  These trips have continued despite reforms instituted in 2007, under the Honest Leadership and Open Government Act, which generally prohibit Members and staff from accepting travel from lobbyists or organizations that hire lobbyists.

The National Journal first examined international travel organized and financed by foreign governments under the Mutual Educational and Cultural Exchange Act.  That law, passed in 1961, permits foreign governments to fund cultural exchange programs that are approved by the State Department.  The National Journal examined trips funded by Turkey and Taiwan, but the story also noted that some 60 countries have programs approved under the statute.  Because this travel is not governed by the congressional travel rules, lobbyists can organize and participate in the travel.

Second, the National Journal examined travel funded by nonprofit organizations, including instances in which the nonprofit’s funding comes from organizations that would not be able to support congressional travel expenses directly.  Under current law, nonprofit organizations that do not retain a lobbyist generally can support domestic and foreign congressional travel when the organization has an interest in the purpose of the trip or location being visited.  The National Journal suggests that some nonprofits may operate as extensions of their funders, for example by sharing office space and personnel.

Tags: Congress, gift rules, lobbying, travel rules
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Photo of Brian D. Smith Brian D. Smith

Brian Smith assists clients with challenging public policy matters that combine legal and political risks and opportunities.

Brian represents companies and individuals facing high-profile and high-risk congressional investigations and hearings, and other criminal, civil, and internal investigations that present legal, political, and public…

Brian Smith assists clients with challenging public policy matters that combine legal and political risks and opportunities.

Brian represents companies and individuals facing high-profile and high-risk congressional investigations and hearings, and other criminal, civil, and internal investigations that present legal, political, and public relations risks. He assists companies and executives responding to formal and informal inquiries from Congress and executive branch agencies for documents, information, and testimony. He has extensive experience preparing CEOs and other senior executives to testify before challenging congressional oversight hearings.

Brian develops and executes government relations initiatives for clients seeking actions by Congress and the executive branch. He has led strategic efforts resulting in legislation enacted by Congress and official actions and public engagement at the most senior levels of the U.S. government. He has significant experience in legislative drafting and has prepared multiple bills enacted by Congress and legislation passed in nearly every state legislature.

Prior to joining Covington, Brian served in the White House as Assistant to the Special Counsel to President Clinton. He handled matters related to the White House’s response to investigations, including four independent counsel investigations, a Justice Department task force investigation, two major oversight investigations by the House of Representatives and the Senate, and several other congressional oversight investigations.

Brian is a Professorial Lecturer in Law at the George Washington University Law School.

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Photo of Angelle Smith Baugh Angelle Smith Baugh

Angelle Smith Baugh is of counsel in the firm’s Election and Political Law and White Collar Litigation practice groups. She has significant experience in broad-based crisis management, advising clients on legal and political matters presenting complex risks.

Angelle’s practice focuses on defending companies and individuals…

Angelle Smith Baugh is of counsel in the firm’s Election and Political Law and White Collar Litigation practice groups. She has significant experience in broad-based crisis management, advising clients on legal and political matters presenting complex risks.

Angelle’s practice focuses on defending companies and individuals in high-profile congressional investigations, as well as other criminal, civil, and internal investigations. She represents clients before House and Senate Committees, as well as in criminal and civil government investigations before the Public Integrity Section of the Department of Justice, Federal Election Commission, and the Office of Congressional Ethics.

She assists companies and executives responding to formal and informal inquiries from Congress and executive branch agencies for documents, information, and testimony. She has experience preparing CEOs and other senior executives to testify before challenging congressional oversight hearings.

Angelle also has experience and expertise navigating federal and state ethics laws, and provides ongoing political law advice to companies, trade associations, PACs, and individuals.

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