Gifts
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 reasonable expenses for food, lodging, or transportation 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 provides reimbursement for such expenses or which provides the food, lodging, or transportation directly. Necessary expenses do not include the provision of food, lodging, or transportation, or the payment for such expenses, for a continuous period in excess of 3 days exclusive of travel time within the United States or 7 days exclusive 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 payment for such expenses, for anyone accompanying 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, § 901103 Stat. 1778Pub. L. 101–280, § 8104 Stat. 162Pub. L. 102–90, title III, § 314(c)105 Stat. 470Pub. L. 117–286, § 4(c)(5)136 Stat. 4353(, , ; , , ; , , ; , , .)
Editorial Notes
Codification
section 31–2 of this titleSection was formerly classified to prior to editorial reclassification and renumbering as this section.
Amendments
Pub. L. 117–286, § 4(c)(5)(A)section 13104(a)(2)(A) of title 52022—Subsec. (a)(2)(B). , substituted “;” for “section 102(a)(2)(A) of the Ethics in Government Act of 1978;”.
Pub. L. 117–286, § 4(c)(5)(B)section 13101(16) of title 5Public Law 95–521Subsec. (a)(3)(B). , substituted “.” for “section 107(2) of title I of the Ethics in Government Act of 1978 ().”
Pub. L. 102–90, § 314(c)(1)section 7342(a)(5) of title 51991—Subsec. (a)(1). –(3), redesignated par. (2) as (1), substituted “in any calendar year aggregating more than the minimal value as established by or $250, whichever is greater” for “having an aggregate value exceeding $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 direct interest in legislation before the Congress or from any foreign national unless, in an unusual case, a waiver is granted by the Select Committee on Ethics.”
Pub. L. 102–90, § 314(c)(2)Subsec. (a)(2). , (4), redesignated 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).
Pub. L. 102–90, § 314(c)(5)Subsec. (a)(3). , 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 directly or indirectly on behalf of a foreign corporation, partnership, or business enterprise, a foreign trade, cultural, educational, or other association, a foreign political 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.”
Pub. L. 102–90, § 314(c)(1)Subsec. (a)(4). , (2), redesignated 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 registered 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 legislation before the Congress; or
section 441b of this title“(B) a corporation, labor organization, or other organization which maintains a separate segregated fund for political purposes (within the meaning of ), a person who is an officer or director of such corporation, labor organization, or other organization, or a person who has been employed or retained by such corporation, labor organization, or other organization for the purpose of influencing legislation before the Congress.”
Pub. L. 102–90, § 314(c)(2)Subsec. (a)(5) to (8). , redesignated pars. (5) to (8) as (2) to (5), respectively.
Pub. L. 101–280, § 8(1)(A)1990—Subsec. (a)(5)(D). , 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 foreign corporation, partnership or business enterprise, a foreign trade, cultural, educational or other association, a foreign political party or a foreign government.”
Pub. L. 101–280, § 8(1)(B)Subsec. (a)(6)(A) to (C). , added subpar. (A) and redesignated former subpars. (A) and (B) as (B) and (C), respectively.
Pub. L. 101–280, § 8(2)Subsec. (b). , 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)105 Stat. 470Pub. L. 102–378, § 4(c)106 Stat. 1358
Pub. L. 102–378section 314(g) of Pub. L. 102–90section 9(b)(1) of Pub. L. 102–378section 6303 of Title 5[Amendment by to , set out above, effective , see , set out as an Effective Date of 1992 Amendment note under .]
Effective Date of 1990 Amendment
Pub. L. 101–280, § 11104 Stat. 163