[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\
---------------------------------------------------------------------------

                \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.
---------------------------------------------------------------------------

                                        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\
---------------------------------------------------------------------------
                \26\As amended, S. Res. 198, 104-1, Dec. 7, 1995. See 
            Senate Manual Sec. 439.9 for definitions.
---------------------------------------------------------------------------
                        (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.
---------------------------------------------------------------------------
                \27\See Senate Manual Sec. 439.9 for definitions.
---------------------------------------------------------------------------
                        (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.