[United States Senate Manual, 107th Congress]
[S. Doc. 107-1]
[Standing Rules of the Senate]
[Pages 58-66]
[From the U.S. Government Printing Office, www.gpo.gov]
35 RULE XXXV
GIFTS \32\
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\32\ Amended pursuant to S. Res. 158, 104-1, July 28,
1995, effective Jan. 1, 1996. See also 2 U.S.C. 31-2, Senate
Manual Sec. 267.
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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 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.
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,
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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) Anything for which the Member, officer, or
employee pays the market value, or does not use and
promptly returns to the donor.
(2) A contribution, as defined in the Federal
Election Campaign Act of 1971 (2 U.S.C. 431 et seq.)
that is lawfully made under that Act, or attendance
at a fundraising event sponsored by a political
organization described in section 527(e) of the
Internal Revenue Code of 1986.
(3) A gift from a relative as described in
section 109(16) of Title I of the Ethics Reform Act
of 1989 (5 U.S.C. App. 6).\33\
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\33\ As amended, S. Res. 198, 104-1, Dec. 7, 1995. See
Senate Manual Sec. 918 for definitions.
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(4)(A) Anything, including personal
hospitality,\34\ 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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\34\ ``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
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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--
(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.
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(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.
(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)
\35\ of an individual other than a registered
lobbyist or agent of a foreign principal.
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\35\ See Senate Manual Sec. 918 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
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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.
(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.
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
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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.
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.
35.2a 2. (a)(1) A reimbursement (including payment in kind) to
a Member, officer, or employee from an individual other than
a registered lobbyist or agent of a foreign principal for
necessary transportation, lodging and related expenses for
travel to a meeting, speaking engagement, factfinding trip
or similar event in connection with the duties of the
Member, officer, or employee as an officeholder shall be
deemed to be a reimbursement to the Senate and not a gift
prohibited by this rule, if the Member, officer, or
employee--
(A) in the case of an employee, receives advance
authorization, from the Member or officer under
whose direct supervision the employee works, to
accept reimbursement, and
(B) discloses the expenses reimbursed or to be
reimbursed and the authorization to the Secretary of
the Senate within 30 days after the travel is
completed.
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(2) For purposes of clause (1), events, the activities
of which are substantially recreational in nature, shall not
be considered to be in connection with duties of a Member,
officer, or employee as an officeholder.
35.2b (b) Each advance authorization to accept reimbursement
shall be signed by the Member or officer under whose direct
supervision the employee works and shall include--
(1) the name of the employee;
(2) the name of the person who will make the
reimbursement;
(3) the time, place, and purpose of the travel;
and
(4) a determination that the travel is in
connection with the duties of the employee as an
officeholder and would not create the appearance
that the employee is using public office for private
gain.
35.2c (c) Each disclosure made under subparagraph (a)(1) of
expenses reimbursed or to be reimbursed shall be signed by
the Member or officer (in the case of travel by that Member
or officer) or by the Member or officer under whose direct
supervision the employee works (in the case of travel by an
employee) and shall include--
(1) a good faith estimate of total
transportation expenses reimbursed or to be
reimbursed;
(2) a good faith estimate of total lodging
expenses reimbursed or to be reimbursed;
(3) a good faith estimate of total meal expenses
reimbursed or to be reimbursed;
(4) a good faith estimate of the total of other
expenses reimbursed or to be reimbursed;
(5) a determination that all such expenses are
necessary transportation, lodging, and related
expenses as defined in this paragraph; and
(6) in the case of a reimbursement to a Member
or officer, a determination that the travel was in
connection with the duties of the Member or officer
as an officeholder and would not create the
appearance that the Member or officer is using
public office for private gain.
35.2d (d) For the purposes of this paragraph, the term
`necessary transportation, lodging, and related expenses'--
(1) includes reasonable expenses that are
necessary for travel for a period not exceeding 3
days exclusive of travel time within the United
States or 7 days exclusive of travel time outside of
the United States
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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.
35.2e (e) The Secretary of the Senate shall make available to
the public all advance authorizations and disclosures of
reimbursement filed pursuant to subparagraph (a) as soon as
possible after they are received.
35.3 3. A gift prohibited by paragraph 1(a) 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.
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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
Select Committee on Ethics is authorized to issue guidance
on any matter contained in this rule.