February 24, 1977

Travel Expenses—Person Traveling on Behalf of the

President—Use of Appropriated Funds

Inquiries have been raised concerning the propriety of Federal payment of 

travel expenses incurred by a person traveling on official business on behalf of 

the President when the person is not an officer or employee of the United 

States.

Before answering the specific questions, we make two general observations. 

First, the President is Commander-in-Chief of the Armed Forces, and has 

considerable authority in the dispatch of military transportation. When travel is 

accomplished by military aircraft for an otherwise valid military or humanitarian purpose, incidental official travel by a volunteer Presidential representative 

can be accomplished concurrently and often at lower expense. Of course, 

military missions should not be mere shams used to provide transportation for 

nonmilitary and nonhumanitarian purposes.

Second, our comments are concerned only with situations where the travel 

involved is for an official purpose of the Presidency and where the traveling 

representative is acting on behalf of the President in a capacity which he or she 

may lawfully fill.

1. Question: Is it legal to use Executive Office appropriations to pay 

expenses of a volunteer agent of the President traveling on his behalf?

Answer: Yes, to the extent that the travel is for the official purposes of the 

the Presidency and can be met from funds already appropriated. See 3 U.S.C. § 

102 (expense allowance); 3 U.S.C. § 103 (travel allowance of $40,000 

authorized, to be accounted for solely on the certificate of the President); and 

the “ Salaries and Expenses” and “ Unanticipated Needs” sections of the 

Executive Office Appropriations Act of 1977, Pub. L. No. 94-363, 90 Stat. 

966, 968. Note that the “ Salaries and Expenses” item appropriates $100,000 

for travel expenses necessary to the White House Office, which is to be 

accounted for solely on the certificate of the President. The appropriation for 

“ Unanticipated Needs” is expressly made

. . . without regard to any provision of law regulating employment

78-74 MEMORANDUM OPINION FOR THE COUNSEL

TO THE PRESIDENT

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and pay of persons in the Government service or regulating expenditures of Government funds ....

2. Question: Does it make any difference that this person is in fact a relative 

of the President?

Answer: No, if the travel is accomplished to perform an official purpose of 

the Presidency and if the person traveling may lawfully act in the capacity 

assigned by the President, his relationship to the President is irrelevant. In these 

limited circumstances, and where the relative is neither appointed to an 

impermissible office, personally compensated for the services rendered, nor 

granted authority which cannot be delegated to a person in his or her capacity, 

we find no statutory impediment to meeting his or her travel expenses incurred 

on behalf of the President. Of course, questions of propriety may well arise 

which do not involve purely legal considerations. In addition. Presidential 

relatives are ineligible for many sorts of Federal appointments.

3. Question: Is there any precedent for payment of these expenses by 

another Administration for family members to travel on official business?

Answer: Yes, Presidents from Franklin Roosevelt to Gerald Ford have 

regularly been represented by family members at various national and international activities. For example, President Ford once proposed to send members 

of his immediate family to represent him at the inauguration of President 

Lopez-Portillo of Mexico.

J o h n M . H a r m o n

Acting Assistant Attorney General

Office o f Legal Counsel

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