    [United States Senate Manual, 104th Congress]
    [S. Doc. 104-1]
    [Standing Rules of the Senate]
    [Pages 58-66]
    [From the U.S. Government Publishing Office, www.gpo.gov]

            35                          RULE XXXV\25\
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                    \25\Amended pursuant to S. Res. 158, 104-1, July 28,
                1995, effective Jan. 1, 1996. See also 2 U.S.C. 31-2, Senate
                Manual Sec. 220.1.
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                                            GIFTS

          35.1      1. (a)(1) No Member, officer, or employee of the Senate
                shall knowingly accept a gift except as provided in this
                rule.
                    (2) A Member, officer, or employee may accept a gift
                (other than cash or cash equivalent) which the Member,
                officer, or employee reasonably and in good faith believes
                to have a value of less than $50, and a cumulative value
                from one source during a calendar year of less than $100. No
                gift with a value below $10 shall count toward the $100
                annual limit. No formal recordkeeping is required by this
                paragraph, but a Member, officer, or employee shall make a
                good faith effort to comply with this paragraph.
                    (b)(1) For the purpose of this rule, the term ``gift''
                means any gratuity, favor, discount, entertainment,
                hospitality, loan, forbearance, or other item having
                monetary value. The term includes gifts of services,
                training, transportation, lodging, and meals, whether
                provided in kind, by purchase of a ticket, payment in
                advance, or reimbursement after the expense has been
                incurred.
                    (2)(A) A gift to a family member of a Member, officer,
                or employee, or a gift to any other individual based on that
                individual's relationship with the Member, officer, or
                employee, shall be considered a gift to the Member, officer,
                or employee if it is given with the knowledge and
                acquiescence of the Member, officer, or employee and the
                Member, officer, or employee has reason to believe the gift
                was given because of the official position of the Member,
                officer, or employee.
                    (B) If food or refreshment is provided at the same time
                and place to both a Member, officer, or employee and the
                spouse or dependent thereof, only the food or refreshment
                provided to the Member, officer, or employee shall be
                treated as a gift for purposes of this rule.
                    (c) The restrictions in subparagraph (a) shall not apply
                to the following:

    [[Page 59]]

                            (1) Anything for which the Member, officer, or
                        employee pays the market value, or does not use and
                        promptly returns to the donor.
                            (2) A contribution, as defined in the Federal
                        Election Campaign Act of 1971 (2 U.S.C. 431 et seq.)
                        that is lawfully made under that Act, or attendance
                        at a fundraising event sponsored by a political
                        organization described in section 527(e) of the
                        Internal Revenue Code of 1986.
                            (3) A gift from a relative as described in
                        section 109(16) of title I of the Ethics Reform Act
                        of 1989 (5 U.S.C. App. 6).\26\
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                    \26\As amended, S. Res. 198, 104-1, Dec. 7, 1995. See
                Senate Manual Sec. 439.9 for definitions.
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                            (4)(A) Anything, including personal hospitality,
                        provided by an individual on the basis of a personal
                        friendship unless the Member, officer, or employee
                        has reason to believe that, under the circumstances,
                        the gift was provided because of the official
                        position of the Member, officer, or employee and not
                        because of the personal friendship.
                            (B) In determining whether a gift is provided on
                        the basis of personal friendship, the Member,
                        officer, or employee shall consider the
                        circumstances under which the gift was offered, such
                        as:
                                    (i) The history of the relationship
                                between the individual giving the gift and
                                the recipient of the gift, including any
                                previous exchange of gifts between such
                                individuals.
                                    (ii) Whether to the actual knowledge of
                                the Member, officer, or employee the
                                individual who gave the gift personally paid
                                for the gift or sought a tax deduction or
                                business reimbursement for the gift.
                                    (iii) Whether to the actual knowledge of
                                the Member, officer, or employee the
                                individual who gave the gift also at the
                                same time gave the same or similar gifts to
                                other Members, officers, or employees.
                            (5) A contribution or other payment to a legal
                        expense fund established for the benefit of a
                        Member, officer, or employee, that is otherwise
                        lawfully made, subject to the disclosure
                        requirements of the Select

    [[Page 60]]

                        Committee on Ethics, except as provided in paragraph
                        3(c).
                            (6) Any gift from another Member, officer, or
                        employee of the Senate or the House of
                        Representatives.
                            (7) Food, refreshments, lodging, and other
                        benefits--
                                    (A) resulting from the outside business
                                or employment activities (or other outside
                                activities that are not connected to the
                                duties of the Member, officer, or employee
                                as an officeholder) of the Member, officer
                                or employee, or the spouse of the Member,
                                officer, or employee, if such benefits have
                                not been offered or enhanced because of the
                                official position of the Member, officer, or
                                employee and are customarily provided to
                                others in similar circumstances;
                                    (B) customarily provided by a
                                prospective employer in connection with bona
                                fide employment discussions; or
                                    (C) provided by a political organization
                                described in section 527(e) of the Internal
                                Revenue Code of 1986 in connection with a
                                fundraising or campaign event sponsored by
                                such an organization.
                            (8) Pension and other benefits resulting from
                        continued participation in an employee welfare and
                        benefits plan maintained by a former employer.
                            (9) Informational materials that are sent to the
                        office of the Member, officer, or employee in the
                        form of books, articles, periodicals, other written
                        materials, audiotapes, videotapes, or other forms of
                        communication.
                            (10) Awards or prizes which are given to
                        competitors in contests or events open to the
                        public, including random drawings.
                            (11) Honorary degrees (and associated travel,
                        food, refreshments, and entertainment) and other
                        bona fide, nonmonetary awards presented in
                        recognition of public service (and associated food,
                        refreshments, and entertainment provided in the
                        presentation of such degrees and awards).
                            (12) Donations of products from the State that
                        the Member represents that are intended primarily
                        for promotional purposes, such as display or free
                        distribu

    [[Page 61]]

                        tion, and are of minimal value to any individual
                        recipient.
                            (13) Training (including food and refreshments
                        furnished to all attendees as an integral part of
                        the training) provided to a Member, officer, or
                        employee, if such training is in the interest of the
                        Senate.
                            (14) Bequests, inheritances, and other transfers
                        at death.
                            (15) Any item, the receipt of which is
                        authorized by the Foreign Gifts and Decorations Act,
                        the Mutual Educational and Cultural Exchange Act, or
                        any other statute.
                            (16) Anything which is paid for by the Federal
                        Government, by a State or local government, or
                        secured by the Government under a Government
                        contract.
                            (17) A gift of personal hospitality (as defined
                        in section 109(14) of the Ethics in Government
                        Act)\27\ of an individual other than a registered
                        lobbyist or agent of a foreign principal.
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                    \27\See Senate Manual Sec. 439.9 for definitions.
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                            (18) Free attendance at a widely attended event
                        permitted pursuant to subparagraph (d).
                            (19) Opportunities and benefits which are--
                                    (A) available to the public or to a
                                class consisting of all Federal employees,
                                whether or not restricted on the basis of
                                geographic consideration;
                                    (B) offered to members of a group or
                                class in which membership is unrelated to
                                congressional employment;
                                    (C) offered to members of an
                                organization, such as an employees'
                                association or congressional credit union,
                                in which membership is related to
                                congressional employment and similar
                                opportunities are available to large
                                segments of the public through organizations
                                of similar size;
                                    (D) offered to any group or class that
                                is not defined in a manner that specifically
                                discriminates among Government employees on
                                the basis of branch of Government or type of
                                responsibility, or on a basis that favors
                                those of higher rank or rate of pay;
                                    (E) in the form of loans from banks and
                                other financial institutions on terms
                                generally available to the public; or

    [[Page 62]]

                                    (F) in the form of reduced membership or
                                other fees for participation in organization
                                activities offered to all Government
                                employees by professional organizations if
                                the only restrictions on membership relate
                                to professional qualifications.
                            (20) A plaque, trophy, or other item that is
                        substantially commemorative in nature and which is
                        intended solely for presentation.
                            (21) Anything for which, in an unusual case, a
                        waiver is granted by the Select Committee on Ethics.
                            (22) Food or refreshments of a nominal value
                        offered other than as a part of a meal.
                            (23) An item of little intrinsic value such as a
                        greeting card, baseball cap, or a T-shirt.
                    (d)(1) A Member, officer, or employee may accept an
                offer of free attendance at a widely attended convention,
                conference, symposium, forum, panel discussion, dinner,
                viewing, reception, or similar event, provided by the
                sponsor of the event, if--
                            (A) the Member, officer, or employee
                        participates in the event as a speaker or a panel
                        participant, by presenting information related to
                        Congress or matters before Congress, or by
                        performing a ceremonial function appropriate to the
                        Member's, officer's, or employee's official
                        position; or
                            (B) attendance at the event is appropriate to
                        the performance of the official duties or
                        representative function of the Member, officer, or
                        employee.
                    (2) A Member, officer, or employee who attends an event
                described in clause (1) may accept a sponsor's unsolicited
                offer of free attendance at the event for an accompanying
                individual if others in attendance will generally be
                similarly accompanied or if such attendance is appropriate
                to assist in the representation of the Senate.
                    (3) A Member, officer, or employee, or the spouse or
                dependent thereof, may accept a sponsor's unsolicited offer
                of free attendance at a charity event, except that
                reimbursement for transportation and lodging may not be
                accepted in connection with an event that does not meet the
                standards provided in paragraph 2.
                    (4) For purposes of this paragraph, the term ``free
                attendance'' may include waiver of all or part of a
                conference or other fee, the provision of local
                transportation, or the provision of food, refreshments,
                entertainment, and instructional materials furnished to all
                attendees as an inte

    [[Page 63]]

                gral part of the event. The term does not include
                entertainment collateral to the event, nor does it include
                food or refreshments taken other than in a group setting
                with all or substantially all other attendees.
                    (e) No Member, officer, or employee may accept a gift
                the value of which exceeds $250 on the basis of the personal
                friendship exception in subparagraph (c)(4) unless the
                Select Committee on Ethics issues a written determination
                that such exception applies. No determination under this
                subparagraph is required for gifts given on the basis of the
                family relationship exception.
                    (f) When it is not practicable to return a tangible item
                because it is perishable, the item may, at the discretion of
                the recipient, be given to an appropriate charity or
                destroyed.
          35.2      2. (a)(1) A reimbursement (including payment in kind) to
                a Member, officer, or employee from an individual other than
                a registered lobbyist or agent of a foreign principal for
                necessary transportation, lodging and related expenses for
                travel to a meeting, speaking engagement, factfinding trip
                or similar event in connection with the duties of the
                Member, officer, or employee as an officeholder shall be
                deemed to be a reimbursement to the Senate and not a gift
                prohibited by this rule, if the Member, officer, or
                employee--
                            (A) in the case of an employee, receives advance
                        authorization, from the Member or officer under
                        whose direct supervision the employee works, to
                        accept reimbursement, and
                            (B) discloses the expenses reimbursed or to be
                        reimbursed and the authorization to the Secretary of
                        the Senate within 30 days after the travel is
                        completed.
                    (2) For purposes of clause (1), events, the activities
                of which are substantially recreational in nature, shall not
                be considered to be in connection with duties of a Member,
                officer, or employee as an officeholder.
                    (b) Each advance authorization to accept reimbursement
                shall be signed by the Member or officer under whose direct
                supervision the employee works and shall include--
                            (1) the name of the employee;
                            (2) the name of the person who will make the
                        reimbursement;
                            (3) the time, place, and purpose of the travel;
                        and
                            (4) a determination that the travel is in
                        connection with the duties of the employee as an
                        officeholder

    [[Page 64]]

                        and would not create the appearance that the
                        employee is using public office for private gain.
                    (c) Each disclosure made under subparagraph (a)(1) of
                expenses reimbursed or to be reimbursed shall be signed by
                the Member or officer (in the case of travel by that Member
                or officer) or by the Member or officer under whose direct
                supervision the employee works (in the case of travel by an
                employee) and shall include--
                            (1) a good faith estimate of total
                        transportation expenses reimbursed or to be
                        reimbursed;
                            (2) a good faith estimate of total lodging
                        expenses reimbursed or to be reimbursed;
                            (3) a good faith estimate of total meal expenses
                        reimbursed or to be reimbursed;
                            (4) a good faith estimate of the total of other
                        expenses reimbursed or to be reimbursed;
                            (5) a determination that all such expenses are
                        necessary transportation, lodging, and related
                        expenses as defined in this paragraph; and
                            (6) in the case of a reimbursement to a Member
                        or officer, a determination that the travel was in
                        connection with the duties of the Member or officer
                        as an officeholder and would not create the
                        appearance that the Member or officer is using
                        public office for private gain.
                    (d) For the purposes of this paragraph, the term
                `necessary transportation, lodging, and related expenses'--
                            (1) includes reasonable expenses that are
                        necessary for travel for a period not exceeding 3
                        days exclusive of travel time within the United
                        States or 7 days exclusive of travel time outside of
                        the United States unless approved in advance by the
                        Select Committee on Ethics;
                            (2) is limited to reasonable expenditures for
                        transportation, lodging, conference fees and
                        materials, and food and refreshments, including
                        reimbursement for necessary transportation, whether
                        or not such transportation occurs within the periods
                        described in clause (1);
                            (3) does not include expenditures for
                        recreational activities, nor does it include
                        entertainment other than that provided to all
                        attendees as an integral part of the event, except
                        for activities or entertainment otherwise
                        permissible under this rule; and

    [[Page 65]]

                            (4) may include travel expenses incurred on
                        behalf of either the spouse or a child of the
                        Member, officer, or employee, subject to a
                        determination signed by the Member or officer (or in
                        the case of an employee, the Member or officer under
                        whose direct supervision the employee works) that
                        the attendance of the spouse or child is appropriate
                        to assist in the representation of the Senate.
                    (e) The Secretary of the Senate shall make make
                available to the public all advance authorizations and
                disclosures of reimbursement filed pursuant to subparagraph
                (a) as soon as possible after they are received.
          35.3      3. A gift prohibited by paragraph 1(a) incudes the
                following:
                            (a) Anything provided by a registered lobbyist
                        or an agent of a foreign principal to an entity that
                        is maintained or controlled by a Member, officer, or
                        employee.
                            (b) A charitable contribution (as defined in
                        section 170(c) of the Internal Revenue Code of 1986)
                        made by a registered lobbyist or an agent of a
                        foreign principal on the basis of a designation,
                        recommendation, or other specification of a Member,
                        officer, or employee (not including a mass mailing
                        or other solicitation directed to a broad category
                        of persons or entities), other than a charitable
                        contribution permitted by paragraph 4.
                            (c) A contribution or other payment by a
                        registered lobbyist or an agent of a foreign
                        principal to a legal expense fund established for
                        the benefit of a Member, officer, or employee.
                            (d) A financial contribution or expenditure made
                        by a registered lobbyist or an agent of a foreign
                        principal relating to a conference, retreat, or
                        similar event, sponsored by or affiliated with an
                        official congressional organization, for or on
                        behalf of Members, officers, or employees.
          35.4      4. (a) A charitable contribution (as defined in section
                170(c) of the Internal Revenue Code of 1986) made by a
                registered lobbyist or an agent of a foreign principal in
                lieu of an honorarium to a Member, officer, or employee
                shall not be considered a gift under this rule if it is
                reported as provided in subparagraph (b).
                    (b) A Member, officer, or employee who designates or
                recommends a contribution to a charitable organization in
                lieu

    [[Page 66]]

                of honoraria described in subparagraph (a) shall report
                within 30 days after such designation or recommendation to
                the Secretary of the Senate--
                            (1) the name and address of the registered
                        lobbyist who is making the contribution in lieu of
                        honoraria;
                            (2) the date and amount of the contribution; and
                            (3) the name and address of the charitable
                        organization designated or recommended by the
                        Member.
                The Secretary of the Senate shall make public information
                received pursuant to this subparagraph as soon as possible
                after it is received.

          35.5      5. For purposes of this rule--
                            (a) the term ``registered lobbyist'' means a
                        lobbyist registered under the Federal Regulation of
                        Lobbying Act or any successor statute; and
                            (b) the term ``agent of a foreign principal''
                        means an agent of a foreign principal registered
                        under the Foreign Agents Registration Act.

          35.6      6. All the provisions of this rule shall be interpreted
                and enforced solely by the Select Committee on Ethics. The
                Select Committee on Ethics is authorized to issue guidance
                on any matter contained in this rule.