This section discusses the most frequently used exceptions. The exceptions do not supersede applicable federal laws and regulations that otherwise prohibit acceptance of a gift, discussed in greater detail below.
Gifts under $50
A Member, officer, or employee may accept a gift, other than cash or cash equivalent (e.g., stock, gift card, voucher), having a value of less than $50, provided that the source of the gift is not a registered lobbyist, foreign agent, or private entity that retains or employs a registered lobbyist or foreign agent. The value of gifts that may be accepted from any one source in a calendar year may not exceed $100. Generally, gifts having a value of less than $10 do not count toward the annual limit. See Senate Rule 35.1(a)(2). However, accepting repeated gifts worth less than $10 from the same source may violate the spirit of the Gifts Rule.
Gifts from Certain Sources
Gifts from Relatives
A Member, officer, or employee may accept any gift that is given by a relative (including in-laws and fiancés) regardless of value. See Senate Rule 35.1(c)(3).
Gifts on the Basis of Personal Friendship
A Member, officer, or employee may accept a gift that is given on the basis of personal friendship, unless there is reason to believe that the gift was provided because of the individual’s official position and not because of the personal friendship. See Senate Rule 35.1(c)(4). If the gift exceeds $250 in value, the Member, officer, or employee must seek and receive written approval from the Committee to accept the gift. See Senate Rule 35.1(e).
In determining whether a gift is provided on the basis of personal friendship, the Member, officer, or employee must consider the circ*mstances under which the gift was offered, including: (1) the history of the recipient’s relationship with the giver, including any previous exchange of gifts; (2) whether, to the recipient’s actual knowledge, the giver personally paid for the gift or sought a tax deduction or business reimbursem*nt for the gift; and (3) whether, to the recipient’s actual knowledge, the giver gave the same or similar gifts to other Members, officers, or employees at the same time.
Gifts from Colleagues
A Member, officer, or employee may accept a gift from another Member, officer, or employee of the Senate or House of Representatives. See Senate Rule 35.1(c)(6).
However, 5 U.S.C. § 7351 generally prohibits federal employees from (1) giving gifts to their supervisors, and (2) accepting gifts from employees who are paid less than them. The law authorizes the Committee to exempt voluntary gifts given or received for special occasions or under circ*mstances in which gifts are traditionally given or exchanged. The Committee has given blanket permission for gifts among Senate and House Members, officers, and employees on the occasion of a marriage, retirement, birth of a child, birthday, anniversary, or holiday, provided such gifts or contributions toward such gifts are entirely voluntary.
Gifts of Personal Hospitality
A Member, officer, or employee may accept a gift of personal hospitality provided by an individual other than a registered lobbyist or foreign agent. See Senate Rule 35.1(c)(17).
The personal hospitality exemption is intended to cover hospitality in any personal residence which an individual owns, or leases under a lease which is unrelated to the individual’s employment. As a general rule, to qualify for the exemption, the residence or other property may not be property which is rented out to others by the individual providing the hospitality.
The personal hospitality exemption does not apply to hospitality by individuals in restaurants, nightclubs, or in any other commercial establishment. Personal hospitality is exempted only if paid for by an individual, not a corporation or firm, even if the corporation or firm is wholly owned by the individual.
Gifts Paid for by Federal, State, or Local Government
A Member, officer, or employee may accept a gift, including transportation, food, and lodging, that is paid for by the federal, state or local government, or secured by the government under a government contract. SeeSenate Rule 35.1(c)(16). The Committee has determined that under this exception, a Member, officer, or employee may accept gifts from any Native American group with whom the federal government has entered into formal recognition of sovereignty. The Department of the Interior publishes a list of federally recognized tribes.
Gifts Paid for by Foreign Government
The U.S. Constitution prohibits government officials, including Members, officers, and employees, from receiving “any present, Emolument, Office, or Title, of any kind whatever” from a foreign state or representative without the consent of Congress. See U.S. Const. art. I, § 9, cl. 8. Congress has consented to the acceptance of certain gifts from foreign governments, through the Foreign Gifts and Decorations Act (FGDA), 5 U.S.C. § 7342, and the Mutual Educational and Cultural Exchange Act (MECEA).
Foreign Gifts and Decorations Act (FGDA)– 5 U.S.C. § 7342
FGDA authorizes acceptance of a gift of minimal value when given as a souvenir or mark of courtesy. Minimal value for the Senate is no more than $100. A Member, officer, or employee may accept, but not retain, a gift in excess of $100 when refusal of the gift would cause offense or embarrassment. Such gifts are deemed to be accepted on behalf of the United States. Within 60 days of acceptance, the recipient must turn the gift over to the Secretary of the Senate for disposal, and submit the Reporting Acceptance of Gifts from a Foreign Government or Multinational Organization Form to the Committee.The recipient may also use this form to request the Committee’s approval to retain the gift for an official purpose, such as display in their office.
FGDA also allows Members, officers, and employees to accept travel and travel-related expenses paid for by a foreign government, if the travel occurs completely outside the United States. Such travel must also be reported to the Committee using the Reporting Acceptance of Gifts from a Foreign Government or Multinational Organization Form.
Mutual Educational and Cultural Exchange Act (MECEA) – 22 U.S.C. § 2451et seq.
MECEA authorizes the U.S. Department of State (State Department) to approve cultural exchange programs between the U.S. and other countries. A Member, officer, or employee may accept travel expenses from a foreign government in order to participate in approved MECEA programs. To determine whether a program is approved under MECEA, please contact the State Department Congressional Liaison.
Gifts of Certain Types
Items of Little Intrinsic Value
A Member, officer, or employee may accept an item of little intrinsic value, such as a greeting card, baseball cap, or T-shirt. This exception also includes food and non-food items valued at $10 or less, including flowers and perishables provided to a Senate office. See Senate Rule 35.1(c)(23).
Commemorative Items
A Member, officer, or employee may accept a plaque, trophy, or other item that is substantially commemorative in nature and which is intended solely for presentation. The item must be presented as part of an event. See Senate Rule 35.1(c)(20).
Awards or Prizes
A Member, officer, or employee may accept an award or prize won in a contest or event that is open to the public. For example, an employee who purchases a winning lottery ticket may keep the prize money. While a trophy or non-monetary equivalent may be accepted if it is won in an athletic competition, monetary or monetary equivalent items may not be accepted as a “prize” or “award” for winning, unless such competition is open to the public, or unless the group of competitors was chosen on the basis of athletic talent. See Senate Rule 35.1(c)(10). Awards or prizes generally may not be accepted at an event to which a Senate individual was invited due to his or her Senate position.
Honorary Degrees and Other Awards
A Member, officer, or employee may accept an honorary degree or other bona fide nonmonetary award that is presented in recognition of public service. This exception includes food or refreshments provided as a part of the presentation of such awards (e.g., a banquet or reception), as well as any entertainment provided as part of the presentation. See Senate Rule 35.1(c)(11).
Donations of Home State Products
A Member may accept donations of products (e.g., apples, peanuts, popcorn, coffee, candy, orange juice) 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. These products must be from the Senator’s home state, must be from home state producers or distributors, and must be available to office visitors. See Senate Rule 35.1(c)(12).
Loan of Artwork and Furnishings
A Member may accept a loan of artwork or furnishings, for display in their office, from home state producers or distributors. A loan of artwork or furnishings may not be accepted from a home state resident who is merely a private collector. Fixtures (e.g., wallpaper, carpeting) also may not be accepted on loan, even if offered by a home state producer or distributor. Loans of artwork and furnishings must be approved in writing by the Committee. Approval letters are publicly available. See Senate Rule 35.1(c)(12).
Informational Materials
A Member, officer, or employee may accept informational materials that are sent to the Senate office in the form of books, articles, periodicals, other written materials, audiotapes, videotapes, or other forms of communication. Under this exception, such material may only be provided by the author, publisher, or producer of the materials. See Senate Rule 35.1(c)(9).
Widely Available Opportunities and Benefits
A Member, officer, or employee may accept certain opportunities and benefits that are available to the general public, to all federal employees, or to all members of an organization unrelated to congressional employment. See Senate Rule 35.1(c)(19).
Benefits Resulting from Outside Activities
A Member, officer, or employee may accept food, refreshments, lodging, and other benefits resulting from their outside business or employment activities (or other outside activities that are not connected to their duties as an officeholder), or resulting from their spouse’s employment, if such benefits have not been offered or enhanced because of their official position and are customarily provided to others in similar circ*mstances. See Senate Rule 35.1(c)(7).
Pensions from Former Employers
A Member, officer, or employee may maintain a pension or other benefit plan from a former employer without having to cash it in or roll it over upon commencing Senate employment. See Senate Rule 35.1(c)(8). However, neither the former employer nor the Member, officer, or employee may continue to make contributions to the pension or other benefit plan. Thus, an employee who participated in a 401(k) plan maintained by his employer would be able to keep his account with his former employer when he began working for the Senate, but neither he nor his former employer could make any additional contributions to the plan.
Bequests and Inheritances
A Member, officer, or employee may accept bequests, inheritances, and other transfers at death. See Senate Rule 35.1(c)(14).
Contributions to Legal Expense Trust Funds
A Member, officer, or employee may accept a lawfully made contribution to a legal expense trust fund, other than by a registered lobbyist (or lobbying firm) or foreign agent. See Senate Rule 35.1(c)(5). Such legal expense trust funds must be approved by the Committee and are subject to the Legal Expense Trust Fund Regulations.
Gifts of Free Attendance at Events
The Gifts Rule allows a Member, officer, or employee to accept an offer of free attendance at certain types of events. The below exceptions cover only free admission to such events. As such, gift bags or other items provided at an event must fall under another Gifts Rule exception to be accepted.
Receptions
A Member, officer, or employee may accept food or refreshments of a nominal value offered other than as part of a meal (e.g., hors d’oeuvres, co*cktails, or a “continental breakfast”). See Senate Rule 35.1(c)(22).
Widely Attended Events
A Member, officer, or employee may accept an unsolicited offer of “free attendance” at a widely attended event if: (1) invited by the organizing event sponsor; (2) at least 25 persons from outside Congress are expected to attend; (3) attendance at the event is open to the general public, individuals from throughout a given industry or profession, or to a range of persons interested in an issue; and (4) attendance is appropriate to the recipient’s Senate duties. See Senate Rule 35.1(d)(1).
“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. It does not include entertainment collateral to the event, or food or refreshments that are not taken in a group setting with substantially all of the other attendees. It also does not include admission to a sporting, entertainment, or other purely recreational event.
In addition to free attendance for themselves, a Member, officer, or employee may also accept an unsolicited offer of free attendance for one accompanying individual if such attendance is appropriate to assist in the representation of the Senate.
Charity Events
A Member, officer, or employee may accept an unsolicited offer of “free attendance” to a charity event where the primary purpose is to raise money for a § 501(c)(3) organization, so long as they are invited by the organizing event sponsor. Although organizations that put on charity events may designate groups underwriting the event as “sponsors” in their invitations and promotional materials, for purposes of the Gifts Rule, an individual or entity does not become a “sponsor” of an event merely by donating money, goods, or services for, or purchasing a table at, the event.
“Free attendance” may include waiver of all or part of a fee for admission, the provision of local transportation, and the provision of food, refreshments, entertainment, and instructional materials furnished to all attendees as an integral part of the event. A Member, officer, or employee may also accept an unsolicited offer of free attendance for an immediate family member. See Senate Rule 35.1(d)(3).
Trainings
A Member, officer, or employee may accept training that is in the interest of the Senate, and food and refreshments that are offered to all attendees as a part of the training. Non-local transportation or lodging may not be accepted. See Senate Rule 35.1(c)(13).
For purposes of the Gifts Rule, “training” includes any event where information is presented to Members and staff by an outside group, so long as the event is expected to be attended by at least 25 persons from more than one Senate office, in addition to those attending from outside the Senate. Before attendance is permitted at an event under the training exception, the Member, officer, or employee must also make an affirmative determination that the training provided by the event is “in the interest of the Senate.”
Campaign or Political Events
A Member, officer, or employee may accept “free attendance” at a fundraiser sponsored by a political organization described in section 527(e) of the Internal Revenue Code of 1986. See Senate Rule 35.1(c)(2). The term “free attendance” includes food, refreshments, entertainment, and local transportation in connection with the campaign event. Under this exception, a Member, officer, or employee may accept a ticket to a campaign fundraiser from sources other than the sponsor of the fundraising event. However, only a sponsoring political organization may pay related travel expenses outside of the individual’s official duty station.
Constituent Events
A Member, officer, or employee may accept an offer of “free attendance” at a “constituent event,” such as a conference, forum, panel discussion, dinner event, site visit, or reception if: (1) the event takes place in the Member’s home state; (2) is attended primarily by a group of by at least five constituents; (3) no lobbyist or foreign agent attends the event; (4) participation is in connection with official duties; and (5) the value of any meal provided is less than $50. See Senate Rule 35.1(g).
