2 U.S.C. § 4726 — Guidelines relating to restrictions on reg-

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 Page 582 TITLE 2—THE CONGRESS § 4727 1 So in original. No subsec. (d) has been enacted. evaluating a trip proposal and judging the rea- sonableness of an expense or expenditure, in- cluding guidelines related to evaluating— (i) the stated mission of the organization sponsoring the trip; (ii) the organization’s prior history of sponsoring congressional trips, if any; (iii) other educational activities performed by the organization besides sponsoring con- gressional trips; (iv) whether any trips previously spon- sored by the organization led to an inves- tigation by the Select Committee on Ethics; (v) whether the length of the trip and the itinerary is consistent with the official pur- pose of the trip; (vi) whether there is an adequate connec- tion between a trip and official duties; (vii) the reasonableness of an amount spent by a sponsor of the trip; (viii) whether there is a direct and imme- diate relationship between a source of fund- ing and an event; and (ix) any other factor deemed relevant by the Select Committee on Ethics; and (B) regulations describing the information it will require individuals subject to the require- ments of the amendments made by subsection (a) 1 to submit to the committee in order to obtain the prior approval of the committee for travel under paragraph 2 of rule XXXV of the Standing Rules of the Senate, including any required certifications. (2) Consideration In developing and revising guidelines under paragraph (1)(A), the committee shall take into account the maximum per diem rates for official Federal Government travel published annually by the General Services Administration, the De- partment of State, and the Department of De- fense. (3) Unreasonable expense For purposes of this section, travel on a flight described in paragraph 1(c)(1)(C)(ii) of rule XXXV of the Standing Rules of the Senate shall not be considered to be a reasonable expense. (4) Extension The deadline for the initial guidelines required by paragraph (1) may be extended for 30 days by the Committee on Rules and Administration. (Pub. L. 110–81, title V, § 544(b), Sept. 14, 2007, 121 Stat. 769.) Editorial Notes REFERENCES IN TEXT The amendments made by subsection (a), referred to in par. (1), mean the amendments made by subsec. (a) of section 544 of Pub. L. 110–81 to paragraph 2 of rule XXXV of the Standing Rules of the Senate, which are not classified to the Code. CODIFICATION Section was formerly classified to section 31–3 of this title prior to editorial reclassification and renumbering as this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 110–81, title V, § 544(f), Sept. 14, 2007, 121 Stat. 771, provided that: ‘‘The amendments made by sub- sections (a) [121 Stat. 767] and (b) [enacting this sec- tion] shall take effect 60 days after the date of enact- ment of this Act [Sept. 14, 2007] or the date the Select Committee on Ethics issues new guidelines as required by subsection (b), whichever is later. Subsection (c) [121 Stat. 770] shall take effect on the date of enactment of this Act.’’ SEPARATELY REGULATED EXPENSES Pub. L. 110–81, title V, § 544(e), Sept. 14, 2007, 121 Stat. 771, provided that: ‘‘Nothing in this section [enacting this section and provisions set out as a note under this section] or section 541 [121 Stat. 766] is meant to alter treatment under law or Senate rules of expenses that are governed by the Foreign Gifts and Decorations Act [of 1966, 22 U.S.C. 2621 et seq.] or the Mutual Edu- cational and Cultural Exchange Act [of 1961, 22 U.S.C. 2451 et seq.].’’ § 4727. Senate privately paid travel public website (a) Travel disclosure Not later than January 1, 2008, the Secretary of the Senate shall establish a publicly available website without fee or without access charge, that contains information on travel that is sub- ject to disclosure under paragraph 2 of rule XXXV of the Standing Rules of the Senate, that includes, with respect to travel occurring on or after January 1, 2008— (1) a search engine; (2) uniform categorization by Member, dates of travel, and any other common categories associated with congressional travel; and (3) forms filed in the Senate relating to offi- cially related travel. (b) Retention The Secretary of the Senate shall maintain the information posted on the public Internet site of the Office of the Secretary under this sec- tion for a period not longer than 4 years after re- ceiving the information. (c) Extension of authority If the Secretary of the Senate is unable to meet the deadline established under subsection (a), the Committee on Rules and Administration of the Senate may grant an extension of the Secretary of the Senate. (e) 1 Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this section. (Pub. L. 110–81, title V, § 546, Sept. 14, 2007, 121 Stat. 772.) Editorial Notes CODIFICATION Section was formerly classified to section 104g of this title prior to editorial reclassification and renumbering as this section. § 4728. Notification of post-employment restric- tions for Senators and employees (a) In general After a Senator or an elected officer of the Senate leaves office or after the termination of employment with the Senate of an employee of