[United States Senate Manual, 112th Congress]
[S. Doc. 112-1]
[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. 1180, 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. 1180, 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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                        (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

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            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

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            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

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                    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

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                                (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.

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            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.