Standing Rules of the Senate
RULE XXXV
GIFTS
1. (a)(1) No Member, officer, or employee of the Senate shall
knowingly accept a gift except as provided in this rule.
(2) A Member, officer, or employee may accept a gift (other than
cash or cash equivalent) which the Member, officer, or employee reasonably and
in good faith believes to have a value of less than $50, and a cumulative value
from one source during a calendar year of less than $100. No gift with a value
below $10 shall count toward the $100 annual limit. No formal recordkeeping
is required by this paragraph, but a Member, officer, or employee shall make
a good faith effort to comply with this paragraph.
(b)(1) For the purpose of this rule, the term `gift' means any
gratuity, favor, discount, entertainment, hospitality, loan, forbearance, or
other item having monetary value. The term includes gifts of services, training,
transportation, lodging, and meals, whether provided in kind, by purchase of
a ticket, payment in advance, or reimbursement after the expense has been incurred.
(2)(A) A gift to a family member of a Member, officer, or employee,
or a gift to any other individual based on that individual's relationship with
the Member, officer, or employee, shall be considered a gift to the Member,
officer, or employee if it is given with the knowledge and acquiescence of the
Member, officer, or employee and the Member, officer, or employee has reason
to believe the gift was given because of the official position of the Member,
officer, or employee.
(B) If food or refreshment is provided at the same time and place
to both a Member, officer, or employee and the spouse or dependent thereof,
only the food or refreshment provided to the Member, officer, or employee shall
be treated as a gift for purposes of this rule.
(c) The restrictions in subparagraph (a) shall not apply to the
following:
(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 of 1989 (5 U.S.C. App. 6).
(4)(A) Anything, including personal hospitality, provided by an
individual on the basis of a personal friendship unless the Member, officer,
or employee has reason to believe that, under the circumstances, the gift was
provided because of the official position of the Member, officer, or employee
and not because of the personal friendship.
(B) In determining whether a gift is provided on the basis of
personal friendship, the Member, officer, or employee shall consider the circumstances
under which the gift was offered, such as:
(i) The history of the relationship between the individual giving
the gift and the recipient of the gift, including any previous exchange of gifts
between such individuals.
(ii) Whether to the actual knowledge of the Member, officer, or
employee the individual who gave the gift personally paid for the gift or sought
a tax deduction or business reimbursement for the gift.
(iii) Whether to the actual knowledge of the Member, officer,
or employee the individual who gave the gift also at the same time gave the
same or similar gifts to other Members, officers, or employees.
(5) A contribution or other payment to a legal expense fund established
for the benefit of a Member, officer, or employee, that is otherwise lawfully
made, subject to the disclosure requirements of the Select 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 incontests
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) of an individual other than a registered lobbyist
or agent of a foreign principal.
(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.
(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 Tshirt.
(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 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.
(e) No Member, officer, or employee may accept a gift the value
of which exceeds $250 on the basis of the personal friendship exception in subparagraph
(c)(4) unless the Select Committee on Ethics issues a written determination
that such exception applies. No determination under this subparagraph is required
for gifts given on the basis of the family relationship exception.
(f) When it is not practicable to return a tangible item because
it is perishable, the item may, at the discretion of the recipient, be given
to an appropriate charity or destroyed.
2. (a)(1) A reimbursement (including payment in kind) to a Member,
officer, or employee from an individual other than a registered lobbyist or
agent of a foreign principal for necessary transportation, lodging and related
expenses for travel to a meeting, speaking engagement, factfinding trip or similar
event in connection with the duties of the Member, officer, or employee as an
officeholder shall be deemed to be a reimbursement to the Senate and not a gift
prohibited by this rule, if the Member, officer, or employee
(A) in the case of an employee, receives advance authorization,
from the Member or officer under whose direct supervision the employee works,
to accept reimbursement, and
(B) discloses the expenses reimbursed or to be reimbursed and
the authorization to the Secretary of the Senate within 30 days after the travel
is completed.
(2) For purposes of clause (1), events, the activities of which
are substantially recreational in nature, shall not be considered to be in connection
with the duties of a Member, officer, or employee as an officeholder.
(b) Each advance authorization to accept reimbursement shall be
signed by the Member or officer under whose direct supervision the employee
works and shall include
(1) the name of the employee;
(2) the name of the person who will make the reimbursement;
(3) the time, place, and purpose of the travel; and
(4) a determination that the travel is in connection with the
duties of the employee as an officeholder and would not create the appearance
that the employee is using public office for private gain.
(c) Each disclosure made under subparagraph (a)(1) of expenses
reimbursed or to be reimbursed shall be signed by the Member or officer (in
the case of travel by that Member or officer) or by the Member or officer under
whose direct supervision the employee works (in the case of travel by an employee)
and shall include
(1) a good faith estimate of total transportation expenses reimbursed
or to be reimbursed;
(2) a good faith estimate of total lodging expenses reimbursed
or to be reimbursed;
(3) a good faith estimate of total meal expenses reimbursed or
to be reimbursed;
(4) a good faith estimate of the total of other expenses reimbursed
or to be reimbursed;
(5) a determination that all such expenses are necessary transportation,
lodging, and related expenses as defined in this paragraph; and
(6) in the case of a reimbursement to a Member or officer, a determination
that the travel was in connection with the duties of the Member or officer as
an officeholder and would not create the appearance that the Member or officer
is using public office for private gain.
(d) For the purposes of this paragraph, the term `necessary transportation,
lodging, and related expenses'
(1) includes reasonable expenses that are necessary for travel
for a period not exceeding 3 days exclusive of travel time within the United
States or 7 days exclusive of travel time outside of the United States unless
approved in advance by the Select Committee on Ethics;
(2) is limited to reasonable expenditures for transportation,
lodging, conference fees and materials, and food and refreshments, including
reimbursement for necessary transportation, whether or not such transportation
occurs within the periods described in clause (1);
(3) does not include expenditures for recreational activities,
not roes 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.
(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.
3. A gift prohibited by paragraph 1(a) includes the following:
(a) Anything provided by a registered lobbyist or an agent of
a foreign principal to an entity that is maintained or controlled by a Member,
officer, or employee.
(b) A charitable contribution (as defined in section 170(c) of
the Internal Revenue Code of 1986) made by a registered lobbyist or an agent
of a foreign principal on the basis of a designation, recommendation, or other
specification of a Member, officer, or employee (not including a mass mailing
or other solicitation directed to a broad category of persons or entities),
other than a charitable contribution permitted by paragraph 4.
(c) A contribution or other payment by a registered lobbyist or
an agent of a foreign principal to a legal expense fund established for the
benefit of a Member, officer, or employee.
(d) A financial contribution or expenditure made by a registered
lobbyist or an agent of a foreign principal relating to a conference, retreat,
or similar event, sponsored by or affiliated with an official congressional
organization, for or on behalf of Members, officers, or employees.
4. (a) A charitable contribution (as defined in section 170(c)
of the Internal Revenue Code of 1986) made by a registered lobbyist or an agent
of a foreign principal in lieu of an honorarium to a Member, officer, or employee
shall not be considered a gift under this rule if it is reported as provided
in subparagraph (b).
(b) A Member, officer, or employee who designates or recommends
a contribution to a charitable organization in lieu 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.
5. For purposes of this rule
(a) the term `registered lobbyist' means a lobbyist registered
under the Federal Regulation of Lobbying Act or any successor statute; and
(b) the term `agent of a foreign principal' means an agent of
a foreign principal registered under the Foreign Agents Registration Act.
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.
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