    [United States Senate Manual, 113th Congress]
    [S. Doc. 113-1]
    [Standing Rules of the Senate]
    [Pages 62-76]
    [From the U.S. Government Publishing Office, www.gpo.gov]

            35                            RULE XXXV

                                         GIFTS \47\
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                    \47\ 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) \48\ 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

    [[Page 63]]

                $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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                    \48\ 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.
         35.1c      (c) The restrictions in subparagraph (a) shall not apply
                to the following:
                            (1)(A) \49\ 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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                    \49\ 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 equiv

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                        alent 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) \50\ 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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                    \50\ 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.
                            (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
                        organi

    [[Page 65]]

                        zation 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).\51\
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                    \51\ 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,\52\ 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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                    \52\ 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 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--

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                                    (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
                        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.

    [[Page 67]]

                            (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)
                        \53\ of an individual other than a registered
                        lobbyist or agent of a foreign principal.
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                    \53\ 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
                                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
                                    (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.

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                            (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) \54\ Subject to the restrictions in
                        subparagraph (a)(2)(A), free attendance at a
                        constituent event permitted pursuant to subparagraph
                        (g).
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                    \54\ 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
                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 69]]

                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.
                    (5) \55\ 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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                    \55\ 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) \56\ 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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                    \56\ 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 mat

    [[Page 70]]

                        ters 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.\57\ (a)(1)\58\ 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
                prohibited by this rule, if the Member, officer, or employee
                complies with the requirements of this paragraph.
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                    \57\ (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.)
                    \58\ Subparagraph (a)(1) was amended pursuant to Pub. L.
                110-81, Sep. 14, 2007.
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                    (2)(A) \59\ 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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                    \59\ 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 attend

    [[Page 71]]

                        ance 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) \60\ 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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                    \60\ Clause (3) was renumbered and amended pursuant to
                Pub. L. 110-81, Sep. 14, 2007.
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         35.2b      (b) \61\ Before an employee may accept reimbursement
                pursuant to subparagraph (a), the employee shall receive
                advance 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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                    \61\ 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) \62\ Each Member, officer, or employee that receives
                reimbursement under this paragraph shall disclose the ex

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                penses 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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                    \62\ 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) \63\ a description of meetings and events
                        attended; and
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                    \63\ Clause (6) added pursuant to Pub. L. 110-81, Sep.
                14, 2007.
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                            (7) \64\ 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.
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                    \64\ Clause (7) renumbered pursuant to Pub. L. 110-81,
                Sep. 14, 2007.
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         35.2d      (d)(1) \65\ 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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                    \65\ 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 Mem

    [[Page 73]]

                        ber, 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) \66\ A Member, officer, or employee shall, before
                accepting travel otherwise permissible under this paragraph
                from any source--
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                    \66\ Subparagraph (e) added pursuant to Pub. L. 110-81,
                Sep. 14, 2007.
    ---------------------------------------------------------------------------
                            (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
                                    (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.

    [[Page 74]]

         35.2f      (f) \67\ For the purposes of this paragraph, the term
                ``necessary transportation, lodging, and related
                expenses''--
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                    \67\ Subparagraph (f) renumbered and subparagraph (g)
                renumbered and amended pursuant to Pub. L. 110-81, Sep. 14,
                2007.
    ---------------------------------------------------------------------------
                            (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
                pursuant 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,

    [[Page 75]]

                        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.
                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
                Se

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                lect Committee on Ethics is authorized to issue guidance on
                any matter contained in this rule.