§ 31-2. — Gifts and travel.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 2USC31-2]
TITLE 2--THE CONGRESS
CHAPTER 3--COMPENSATION AND ALLOWANCES OF MEMBERS
Sec. 31-2. 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 corporation unless, in
an unusual case, a waiver is granted by the Select Committee on Ethics.
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\1\ So in original. Probably should be followed by a comma.
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(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
102(a)(2)(A) of the Ethics in Government Act of 1978; or
(C) of personal hospitality of an individual.
(3) For purposes of this subsection--
(A) the term ``gift'' means a payment, subscription, 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
consideration of equal or greater value is received, but does not
include (1) a political contribution 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 interest 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 receives no other gifts that
exceed the restrictions in this rule, other than a suitable memento,
(6) meals or beverages consumed or enjoyed, 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 provided by such spouse
or dependent; and
(B) the term ``relative'' has the same meaning given to such
term in section 107(2) of title I of the Ethics in Government Act of
1978 (Public Law 95-521).\2\
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\2\ See References in Text note below.
(4) If a Member, officer, or employee, after exercising reasonable
diligence to obtain the information necessary to comply with this rule,
unknowingly 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 foreign government or
organization if such participation is not in violation of any law and if
the select \3\ Committee on Ethics has determined that participation in
such program by Members, officers, or employees of the Senate is in the
interests of the Senate and the United States.
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\3\ So in original. Probably should be capitalized.
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(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 Committee 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 Congressional Record a list of all individuals,\4\ participating,
the supervisors of such individuals where applicable; \5\ and the nature
and itinerary of such program.
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\4\ So in original. The comma probably should not appear.
\5\ So in original. The semicolon probably should be a comma.
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(C) No Member, officer, or employee may accept funds in connection
with participation in a program permitted under subparagraph (A) if such
funds are not used for necessary food, lodging, 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 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, Sec. 901, Nov. 30, 1989, 103 Stat. 1778;
Pub. L. 101-280, Sec. 8, May 4, 1990, 104 Stat. 162; Pub. L. 102-90,
title III, Sec. 314(c), Aug. 14, 1991, 105 Stat. 470.)
References in Text
Section 102(a)(2)(A) of the Ethics in Government Act of 1978,
referred to in subsec. (a)(2)(B), is section 102(a)(2)(A) of title I of
Pub. L. 95-521, as amended. Section 102 was classified to section 702 of
this title prior to the general amendment of title I of Pub. L. 95-521
by Pub. L. 101-194, title II, Sec. 202, Nov. 30, 1989, 103 Stat. 1724.
Title I of Pub. L. 95-521, as so amended, is set out in the Appendix to
Title 5, Government Organization and Employees.
Section 107(2) of title I of the Ethics in Government Act of 1978
(Public Law 95-521), referred to in subsec. (a)(3)(B), was classified to
section 707(2) of this title prior to the general amendment of title I
of Pub. L. 95-521 by Pub. L. 101-194, title II, Sec. 202, Nov. 30, 1989,
103 Stat. 1724. Title I of Pub. L. 95-521, as so amended, is set out in
the Appendix to Title 5, and the definition of ``relative'' is contained
in section 109(16) of Pub. L. 95-521.
Amendments
1991--Subsec. (a)(1). Pub. L. 102-90, Sec. 314(c)(1)-(3),
redesignated par. (2) as (1), substituted ``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'' 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.''
Subsec. (a)(2). Pub. L. 102-90, Sec. 314(c)(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).
Subsec. (a)(3). Pub. L. 102-90, Sec. 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 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, Sec. 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, Sec. 314(c)(1), (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
``(B) a corporation, labor organization, or other organization
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 employed or retained by
such corporation, labor organization, or other organization for the
purpose of influencing legislation before the Congress.''
Subsec. (a)(5) to (8). Pub. L. 102-90, Sec. 314(c)(2), redesignated
pars. (5) to (8) as (2) to (5), respectively.
1990--Subsec. (a)(5)(D). Pub. L. 101-280, Sec. 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 foreign corporation, partnership or business enterprise, a
foreign trade, cultural, educational or other association, a foreign
political party or a foreign government.''
Subsec. (a)(6)(A) to (C). Pub. L. 101-280, Sec. 8(1)(B), added
subpar. (A) and redesignated former subpars. (A) and (B) as (B) and (C),
respectively.
Subsec. (b). Pub. L. 101-280, Sec. 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''.
Effective Date of 1991 Amendment
Section 314(g) of Pub. L. 102-90, as amended by Pub. L. 102-378,
Sec. 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 Organization
and Employees, and section 7701 of Title 26, Internal Revenue Code]
shall take effect on January 1, 1992.
``(2) The amendment made by subsection (a) [amending 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.]
