[United States Senate Manual, 110th Congress]
[S. Doc. 110-1]
[Standing Rules of the Senate]
[Pages 62-75]
[From the U.S. Government Publishing Office, www.gpo.gov]
35 RULE XXXV
GIFTS\45\
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\45\Amended pursuant to S. Res. 158, 104-1, July 28,
1995, effective Jan. 1, 1996.
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35.1a 1. (a)(1) No Member, officer, or employee of the Senate
shall knowingly accept a gift except as provided in this
rule.
(2)(A)\46\ 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.
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\46\Subparagraph (A) renumbered and (B) added pursuant
to Pub. L. 110-81, Sep. 14, 2007.
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(B) A Member, officer, or employee may not knowingly
accept a gift from a registered lobbyist, an agent of a
foreign principal, or a private entity that retains or
employs a registered lobbyist or an agent of a foreign
principal, except as provided in subparagraphs (c) and (d).
35.1b (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.
[[Page 63]]
35.1c (c) The restrictions in subparagraph (a) shall not apply
to the following:
(1)(A)\47\ Anything for which the Member,
officer, or employee pays the market value, or does
not use and promptly returns to the donor.
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\47\Subclause (A) renumbered and (B) added pursuant to
Pub. L. 110-81, Sep. 14, 2007.
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(B) The market value of a ticket to an
entertainment or sporting event shall be the face
value of the ticket or, in the case of a ticket
without a face value, the value of the ticket with
the highest face value for the event, except that if
a ticket holder can establish in advance of the
event to the Select Committee on Ethics that the
ticket at issue is equivalent to another ticket with
a face value, then the market value shall be set at
the face value of the equivalent ticket. In
establishing equivalency, the ticket holder shall
provide written and independently verifiable
information related to the primary features of the
ticket, including, at a minimum, the seat location,
access to parking, availability of food and
refreshments, and access to venue areas not open to
the public. The Select Committee on Ethics may make
a determination of equivalency only if such
information is provided in advance of the event.
(C)(i)\48\ Fair market value for a flight on an
aircraft described in item (ii) shall be the pro
rata share of the fair market value of the normal
and usual charter fare or rental charge for a
comparable plane of comparable size, as determined
by dividing such cost by the number of Members,
officers, or employees of Congress on the flight.
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\48\Subparagraph C added pursuant to Pub. L. 110-81,
Sep. 14, 2007.
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(ii) A flight on an aircraft described in this
item is any flight on an aircraft that is not--
(I) operated or paid for by an air
carrier or commercial operator certificated
by the Federal Aviation Administration and
required to be conducted under air carrier
safety rules; or
(II) in the case of travel which is
abroad, an air carrier or commercial
operator certificated by an appropriate
foreign civil aviation authority and the
flight is required to be conducted under air
carrier safety rules.
[[Page 64]]
(iii) This subclause shall not apply to an
aircraft owned or leased by a governmental entity or
by a Member of Congress or a Member's immediate
family member (including an aircraft owned by an
entity that is not a public corporation in which the
Member or Member's immediate family member has an
ownership interest), provided that the Member does
not use the aircraft any more than the Member's or
immediate family member's proportionate share of
ownership allows.
(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).\49\
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\49\As amended, S. Res. 198, 104-1, Dec. 7, 1995. See
Senate Manual Sec. 1026, for definitions.
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(4)(A) Anything, including personal
hospitality,\50\ 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.
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\50\The phrase ``including personal hospitality''
inserted pursuant to S. Res. 198, 104-1, Dec. 7, 1995.
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(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
[[Page 65]]
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 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 pub
[[Page 66]]
lic 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
distribution, 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)\51\ of an individual other than a registered
lobbyist or agent of a foreign principal.
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\51\See Senate Manual Sec. 1026, 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
discrimi
[[Page 67]]
nates 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
(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.
(24)\52\ Subject to the restrictions in
subparagraph (a)(2)(A), free attendance at a
constituent event permitted pursuant to subparagraph
(g).
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\52\Clause (24) was added pursuant to Pub. L. 110-81,
Sep. 14, 2007.
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35.1d (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 simi
[[Page 68]]
larly 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 integral 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.
(5)\53\ During the dates of the national party
convention for the political party to which a Member
belongs, a Member may not participate in an event honoring
that Member, other than in his or her capacity as the
party's presidential or vice presidential nominee or
presumptive nominee, if such event is directly paid for by a
registered lobbyist or a private entity that retains or
employs a registered lobbyist.
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\53\Clause (5) was added pursuant to Pub. L. 110-81,
Sep. 14, 2007.
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35.1e (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.
35.1f (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.
35.1g (g)(1)\54\ A Member, officer, or employee may accept an
offer of free attendance in the Member's home State at a
conference, symposium, forum, panel discussion, dinner
event, site visit, viewing, reception, or similar event,
provided by a sponsor of the event, if--
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\54\Subparagraph (g) was added pursuant to Pub. L. 110-
81, Sep. 14, 2007.
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[[Page 69]]
(A) the cost of meals provided the Member,
officer, or employee is less than $50;
(B)(i) the event is sponsored by constituents
of, or a group that consists primarily of
constituents of, the Member (or the Member by whom
the officer or employee is employed); and
(ii) the event will be attended primarily by a
group of at least 5 constituents of the Member (or
the Member by whom the officer or employee is
employed) provided that a registered lobbyist shall
not attend the event; and
(C)(i) 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
(ii) 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) For purposes of this subparagraph, the term `free
attendance' has the same meaning given such term in
subparagraph (d).
35.2a 2.\55\(a)(1)\56\ 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 or a private entity that retains or employs 1 or
more registered lobbyists or agents 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
prohib
[[Page 70]]
ited by this rule, if the Member, officer, or employee
complies with the requirements of this paragraph.
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\55\(Note: amendments to paragraph (2) pursuant to Pub.
L. 110-81, Sep. 14, 2007, take effect 60 days after
enactment or the date that the Select Committee on Ethics
issues new guidelines pertaining to this paragraph.)
\56\Subparagraph (a)(1) was amended pursuant to Pub. L.
110-81, Sep. 14, 2007.
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(2)(A)\57\ Notwithstanding clause (1), a reimbursement
(including payment in kind) to a Member, officer, or
employee of the Senate from an individual, other than a
registered lobbyist or agent of a foreign principal, that is
a private entity that retains or employs 1 or more
registered lobbyists or agents of a foreign principal shall
be deemed to be a reimbursement to the Senate under clause
(1) if--
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\57\Clause (2) was added pursuant to Pub. L. 110-81,
Sep. 14, 2007.
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(i) the reimbursement is for necessary
transportation, lodging, and related expenses for
travel to a meeting, speaking engagement,
factfinding trip, or similar event described in
clause (1) in connection with the duties of the
Member, officer, or employee and the reimbursement
is provided only for attendance at or participation
for 1 day (exclusive of travel time and an overnight
stay) at an event described in clause (1); or
(ii) the reimbursement is for necessary
transportation, lodging, and related expenses for
travel to a meeting, speaking engagement,
factfinding trip, or similar event described in
clause (1) in connection with the duties of the
Member, officer, or employee and the reimbursement
is from an organization designated under section
501(c)(3) of the Internal Revenue Code of 1986.
(B) When deciding whether to preapprove a trip under
this clause, the Select Committee on Ethics shall make a
determination consistent with regulations issued pursuant to
section 544(b) of the Honest Leadership and Open Government
Act of 2007. The committee through regulations to implement
subclause (A)(i) may permit a longer stay when determined by
the committee to be practically required to participate in
the event, but in no event may the stay exceed 2 nights.
(3)\58\ For purposes of clauses (1) and (2), 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.
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\58\Clause (3) was renumbered and amended pursuant to
Pub. L. 110-81, Sep. 14, 2007.
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35.2b (b)\59\Before an employee may accept reimbursement
pursuant to subparagraph (a), the employee shall receive ad
[[Page 71]]
vance written authorization from the Member or officer under
whose direct supervision the employee works. Each advance
authorization to accept reimbursement shall be signed by the
Member or officer under whose direct supervision the
employee works and shall include--
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\59\Subparagraph (b) amended pursuant to Pub. L. 110-81,
Sep. 14, 2007.
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(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 and would not create the appearance
that the employee is using public office for private
gain.
35.2c (c)\60\ Each Member, officer, or employee that receives
reimbursement under this paragraph shall disclose the
expenses reimbursed or to be reimbursed, the authorization
under subparagraph (b) (for an employee), and a copy of the
certification in subparagraph (e)(1) to the Secretary of the
Senate not later than 30 days after the travel is completed.
Each disclosure made under this subparagraph 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--
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\60\Subparagraph (c) amended pursuant to Pub. L. 110-81,
Sep. 14, 2007.
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(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;
(6)\61\ a description of meetings and events
attended; and
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\61\Clause (6) added pursuant to Pub. L. 110-81, Sep.
14, 2007.
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(7)\62\ 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
[[Page 72]]
that the Member or officer is using public office
for private gain.
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\62\Clause (7) renumbered pursuant to Pub. L. 110-81,
Sep. 14, 2007.
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35.2d (d)(1)\63\ A Member, officer, or employee of the Senate
may not accept a reimbursement (including payment in kind)
for transportation, lodging, or related expenses under
subparagraph (a) for a trip that was--
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\63\Subparagraph (d) added pursuant to Pub. L. 110-81,
Sep. 14, 2007.
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(A) planned, organized, or arranged by or at the
request of a registered lobbyist or agent of a
foreign principal; or
(B)(i) for trips described under subparagraph
(a)(2)(A)(i) on which a registered lobbyist
accompanies the Member, officer, or employee on any
segment of the trip; or
(ii) for all other trips allowed under this
paragraph, on which a registered lobbyist
accompanies the Member, officer, or employee at any
point throughout the trip.
(2) The Select Committee on Ethics shall issue
regulations identifying de minimis activities by registered
lobbyists or foreign agents that would not violate this
subparagraph.
35.2e (e)\64\ A Member, officer, or employee shall, before
accepting travel otherwise permissible under this paragraph
from any source--
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\64\Subparagraph (e) added pursuant to Pub. L. 110-81,
Sep. 14, 2007.
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(1) provide to the Select Committee on Ethics a
written certification from such source that--
(A) the trip will not be financed in any
part by a registered lobbyist or agent of a
foreign principal;
(B) the source either--
(i) does not retain or employ
registered lobbyists or agents of a foreign
principal and is not itself a registered
lobbyist or agent of a foreign principal; or
(ii) certifies that the trip meets the
requirements of subclause (i) or (ii) of
subparagraph (a)(2)(A);
(C) the source will not accept from a
registered lobbyist or agent of a foreign
principal or a private entity that retains
or employs 1 or more registered lobbyists or
agents of a foreign principal, funds
earmarked directly or indirectly for the
purpose of financing the specific trip; and
[[Page 73]]
(D) the trip will not in any part be
planned, organized, requested, or arranged
by a registered lobbyist or agent of a
foreign principal and the traveler will not
be accompanied on the trip consistent with
the applicable requirements of subparagraph
(d)(1)(B) by a registered lobbyist or agent
of a foreign principal, except as permitted
by regulations issued under subparagraph
(d)(2); and
(2) after the Select Committee on Ethics has
promulgated regulations pursuant to section 544(b)
of the Honest Leadership and Open Government Act of
2007, obtain the prior approval of the committee for
such reimbursement.
35.2f (f)\65\ For the purposes of this paragraph, the term
``necessary transportation, lodging, and related
expenses''--
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\65\Subparagraph (f) renumbered and subparagraph (g)
renumbered and amended pursuant to Pub. L. 110-81, Sep. 14,
2007.
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(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
(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.
35.2g (g) The Secretary of the Senate shall make all advance
authorizations, certifications, and disclosures filed pursu
[[Page 74]]
ant to this paragraph available for public inspection as
soon as possible after they are received, but in no event
prior to the completion of the relevant travel.
35.3 3. A gift prohibited by paragraph 1(a) includes the
following:
35.3a
(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.
35.3b
(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.
35.3c
(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.
35.3d
(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.
35.4a 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).
35.4b (b) A Member, officer, or employee who designates or
recommends a contribution to a charitable organization in
lieu 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.
[[Page 75]]
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--
35.5a
(a) the term ``registered lobbyist'' means a
lobbyist registered under the Federal Regulation of
Lobbying Act or any successor statute; and
35.5b
(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.