2 U.S.C. § 4725 — Gifts and travel

Page 580 TITLE 2—THE CONGRESS § 4724 1 So in original. Probably should be followed by a comma. 2 So in original. Probably should be capitalized. 3 So in original. The comma probably should not appear. 4 So in original. The semicolon probably should be a comma. § 4724. Amendment to Senate conflict of interest rule (a) Except as provided by subsection (b), any employee of the Senate who is required to file a report pursuant to Senate rules shall refrain from participating personally and substantially as an employee of the Senate in any contact with any agency of the executive or judicial branch of Government with respect to non-legis- lative matters affecting any non-governmental person in which the employee has a significant financial interest. (b) Subsection (a) shall not apply if an em- ployee first advises his supervisor of his signifi- cant financial interest and obtains from such su- pervisor a written waiver stating that the par- ticipation of the employee is necessary. A copy of each such waiver shall be filed with the Select Committee. (Pub. L. 101–194, title IX, § 903, Nov. 30, 1989, 103 Stat. 1781.) Editorial Notes CODIFICATION Section was formerly classified to section 60–2 of this title prior to editorial reclassification and renumbering as this section. § 4725. Gifts and travel (a) Gifts (1) No Member, officer, or employee of the Senate, or the spouse or dependent thereof, shall knowingly accept, directly or indirectly, any gift or gifts in any calendar year aggregating more than the minimal value as established by section 7342(a)(5) of title 5 or $250, whichever is greater 1 from any person, organization, or cor- poration unless, in an unusual case, a waiver is granted by the Select Committee on Ethics. (2) The prohibitions of this subsection do not apply to gifts— (A) from relatives; (B) with a value of $100 or less, as adjusted under section 13104(a)(2)(A) of title 5; or (C) of personal hospitality of an individual. (3) For purposes of this subsection— (A) the term ‘‘gift’’ means a payment, sub- scription, advance, forbearance, rendering, or deposit of money, services, or anything of value, including food, lodging, transportation, or entertainment, and reimbursement for other than necessary expenses, unless consid- eration of equal or greater value is received, but does not include (1) a political contribu- tion otherwise reported as required by law, (2) a loan made in a commercially reasonable manner (including requirements that the loan be repaid and that a reasonable rate of inter- est be paid), (3) a bequest, inheritance, or other transfer at death, (4) a bona fide award presented in recognition of public service and available to the general public, (5) a reception at which the Member, officer, or employee is to be honored, provided such individual re- ceives no other gifts that exceed the restric- tions in this rule, other than a suitable me- mento, (6) meals or beverages consumed or en- joyed, provided the meals or beverages are not consumed or enjoyed in connection with a gift of overnight lodging, or (7) anything of value given to a spouse or dependent of a reporting individual by the employer of such spouse or dependent in recognition of the service pro- vided by such spouse or dependent; and (B) the term ‘‘relative’’ has the same mean- ing given to such term in section 13101(16) of title 5. (4) If a Member, officer, or employee, after ex- ercising reasonable diligence to obtain the infor- mation necessary to comply with this rule, un- knowingly accepts a gift described in paragraph (1) such Member, officer, or employee shall, upon learning of the nature of the gift and its source, return the gift or, if it is not possible to return the gift, reimburse the donor for the value of the gift. (5)(A) Notwithstanding the provisions of this subsection, a Member, officer, or employee of the Senate may participate in a program, the principal objective of which is educational, sponsored by a foreign government or a foreign educational or charitable organization involving travel to a foreign country paid for by that for- eign government or organization if such partici- pation is not in violation of any law and if the select 2 Committee on Ethics has determined that participation in such program by Members, officers, or employees of the Senate is in the in- terests of the Senate and the United States. (B) Any Member who accepts an invitation to participate in any such program shall notify the Select Committee in writing of his acceptance. A Member shall also notify the Select Com- mittee in writing whenever he has permitted any officer or employee whom he supervises to participate in any such program. The chairman of the Select Committee shall place in the Con- gressional Record a list of all individuals,3 par- ticipating, the supervisors of such individuals where applicable; 4 and the nature and itinerary of such program. (C) No Member, officer, or employee may ac- cept funds in connection with participation in a program permitted under subparagraph (A) if such funds are not used for necessary food, lodg- ing, transportation, and related expenses of the Member, officer, or employee. (b) Limits on domestic and foreign travel by Members and staff of Senate The term ‘‘necessary expenses’’, with respect to limits on domestic and foreign travel by Members and staff of the Senate, means reason- able expenses for food, lodging, or transpor- tation which are incurred by a Member, officer, or employee of the Senate in connection with services provided to (or participation in an event sponsored by) the organization which pro- vides reimbursement for such expenses or which provides the food, lodging, or transportation di- rectly. Necessary expenses do not include the provision of food, lodging, or transportation, or the payment for such expenses, for a continuous Page 581 TITLE 2—THE CONGRESS § 4726 1 See References in Text note below. period in excess of 3 days exclusive of travel time within the United States or 7 days exclu- sive of travel time outside of the United States unless such travel is approved by the Committee on Ethics as necessary for participation in a conference, seminar, meeting or similar matter. Necessary expenses do not include the provision of food, lodging, or transportation, or the pay- ment for such expenses, for anyone accom- panying a Member, officer, or employee of the Senate, other than the spouse or child of such Member, officer, or employee of the Senate or one Senate employee acting as an aide to a Member. (Pub. L. 101–194, title IX, § 901, Nov. 30, 1989, 103 Stat. 1778; Pub. L. 101–280, § 8, May 4, 1990, 104 Stat. 162; Pub. L. 102–90, title III, § 314(c), Aug. 14, 1991, 105 Stat. 470; Pub. L. 117–286, § 4(c)(5), Dec. 27, 2022, 136 Stat. 4353.) Editorial Notes CODIFICATION Section was formerly classified to section 31–2 of this title prior to editorial reclassification and renumbering as this section. AMENDMENTS 2022—Subsec. (a)(2)(B). Pub. L. 117–286, § 4(c)(5)(A), substituted ‘‘section 13104(a)(2)(A) of title 5;’’ for ‘‘sec- tion 102(a)(2)(A) of the Ethics in Government Act of 1978;’’. Subsec. (a)(3)(B). Pub. L. 117–286, § 4(c)(5)(B), sub- stituted ‘‘section 13101(16) of title 5.’’ for ‘‘section 107(2) of title I of the Ethics in Government Act of 1978 (Pub- lic Law 95–521).’’ 1991—Subsec. (a)(1). Pub. L. 102–90, § 314(c)(1)–(3), re- designated par. (2) as (1), substituted ‘‘in any calendar year aggregating more than the minimal value as es- tablished by section 7342(a)(5) of title 5 or $250, which- ever is greater’’ for ‘‘having an aggregate value exceed- ing $300 during a calendar year’’, and struck out former par. (1) which read as follows: ‘‘No Member, officer, or employee of the Senate, or the spouse or dependent thereof, shall knowingly accept, directly or indirectly, any gift or gifts having an aggregate value exceeding $100 during a calendar year directly or indirectly from any person, organization, or corporation having a di- rect interest in legislation before the Congress or from any foreign national unless, in an unusual case, a waiv- er is granted by the Select Committee on Ethics.’’ Subsec. (a)(2). Pub. L. 102–90, § 314(c)(2), (4), redesig- nated par. (5) as (2) and, in subpar. (B), substituted ‘‘$100 or less, as adjusted under section 102(a)(2)(A) of the Ethics in Government Act of 1978’’ for ‘‘less than $75’’. Former par. (2) redesignated (1). Subsec. (a)(3). Pub. L. 102–90, § 314(c)(5), redesignated subpars. (B) and (C) as (A) and (B), respectively, and struck out former subpar. (A) which read as follows: ‘‘the term ‘foreign national’ means a person acting di- rectly or indirectly on behalf of a foreign corporation, partnership, or business enterprise, a foreign trade, cul- tural, educational, or other association, a foreign polit- ical party, or a foreign government;’’. Pub. L. 102–90, § 314(c)(1), (2), redesignated par. (6) as (3) and struck out former par. (3) which read as follows: ‘‘In determining the aggregate value of any gift or gifts accepted by an individual during a calendar year from any person, organization, or corporation, there may be deducted the aggregate value of gifts (other than gifts described in paragraph (5)) given by such individual to such person, organization, or corporation during that calendar year.’’ Subsec. (a)(4). Pub. L. 102–90, § 314(c)(1), (2), redesig- nated par. (7) as (4) and struck out former par. (4) which read as follows: ‘‘For purposes of this subsection, only the following shall be deemed to have a direct interest in legislation before the Congress: ‘‘(A) a person, organization, or corporation reg- istered under the Federal Regulation of Lobbying Act of 1946, or any successor statute, a person who is an officer or director of such a registered lobbyist, or a person who has been employed or retained by such a registered lobbyist for the purpose of influencing leg- islation before the Congress; or ‘‘(B) a corporation, labor organization, or other or- ganization which maintains a separate segregated fund for political purposes (within the meaning of section 441b of this title), a person who is an officer or director of such corporation, labor organization, or other organization, or a person who has been em- ployed or retained by such corporation, labor organi- zation, or other organization for the purpose of influ- encing legislation before the Congress.’’ Subsec. (a)(5) to (8). Pub. L. 102–90, § 314(c)(2), redesig- nated pars. (5) to (8) as (2) to (5), respectively. 1990—Subsec. (a)(5)(D). Pub. L. 101–280, § 8(1)(A), struck out subpar. (D) which read as follows: ‘‘from an individual who is a foreign national if that individual is not acting; directly or indirectly, on behalf of a for- eign corporation, partnership or business enterprise, a foreign trade, cultural, educational or other associa- tion, a foreign political party or a foreign govern- ment.’’ Subsec. (a)(6)(A) to (C). Pub. L. 101–280, § 8(1)(B), added subpar. (A) and redesignated former subpars. (A) and (B) as (B) and (C), respectively. Subsec. (b). Pub. L. 101–280, § 8(2), substituted ‘‘or child of such Member’’ for ‘‘of a Member’’ and struck out ‘‘(and 2 nights)’’ after ‘‘of 3 days’’ and ‘‘(and 6 nights)’’ after ‘‘or 7 days’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1991 AMENDMENT Pub. L. 102–90, title III, § 314(g), Aug. 14, 1991, 105 Stat. 470, as amended by Pub. L. 102–378, § 4(c), Oct. 2, 1992, 106 Stat. 1358, provided that: ‘‘(1) The amendments made by subsections (b) through (f) [amending this section, section 505 of the Ethics in Government Act of 1978, Pub. L. 95–521, set out in the Appendix to Title 5, Government Organiza- tion and Employees, and section 7701 of Title 26, Inter- nal Revenue Code] shall take effect on January 1, 1992. ‘‘(2) The amendment made by subsection (a) [amend- ing section 102 of the Ethics in Government Act of 1978, Pub. L. 95–521, set out in the Appendix to Title 5] shall take effect on January 1, 1993.’’ [Amendment by Pub. L. 102–378 to section 314(g) of Pub. L. 102–90, set out above, effective Dec. 31, 1991, see section 9(b)(1) of Pub. L. 102–378, set out as an Effective Date of 1992 Amendment note under section 6303 of Title 5.] EFFECTIVE DATE OF 1990 AMENDMENT Pub. L. 101–280, § 11, May 4, 1990, 104 Stat. 163, provided that: ‘‘Except as otherwise provided in this joint reso- lution, this Act and the amendments made by this joint resolution [see Tables for classification] take effect on the date of the enactment of this joint resolution [May 4, 1990].’’ § 4726. Guidelines relating to restrictions on reg- istered lobbyist participation in travel and disclosure (1) In general Except as provided in paragraph (4) and not later than 60 days after September 14, 2007, and at annual intervals thereafter, the Select Com- mittee on Ethics shall develop and revise, as necessary— (A) guidelines, for purposes of implementing the amendments made by subsection (a),1 on