Personal Hospitality

Free Attendance at a Widely Attended Event

Free Attendance at a Charity Event

Sporting Events

Opportunities and Benefits Available to a Wide Group

Plaques, Trophies, or Other Commemorative Items

Items for Which a Waiver is Granted by the Ethics Committee . . .

Food or Refreshments Other than as Part of a Meal

46

48

49

49

50

51

52

53

Other Prohibited Gifts from Lobbyists, Lobbying Firms, and Foreign Agents

Determining the Source of a Gift

65

66

67

Summary of Gifts Provisions Related to Senate Spouses

Solicitation of Gifts

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70

Chapter 2

GIFTS

Rules 35 and 39

INTRODUCTION

[W]hen I once asked a policeman how some of his colleagues got started on the
downward path, he replied, “It generally began with a cigar.”

-- Senator Paul H. Douglas,

Ethics in Government, at 44 (1952)

In a 1951 report entitled Ethical Standards in Government, a Senate subcommittee headed by Senator Paul H. Douglas highlighted some of the concerns that arise when public officials receive gifts:

What is it proper to offer public officials, and what is it proper for them to receive?
A cigar, a box of candy, a modest lunch (usually to continue discussing unfinished
business)? Is any one of these improper? It is difficult to believe so. They are
usually a courteous gesture, an expression of good will, or a simple convenience,
symbolic rather than intrinsically significant. Normally they are not taken seriously by
the giver nor do they mean very much to the receiver. At the point at which they do
begin to mean something, however, do they not become improper? Even small
gratuities can be significant if they are repeated and come to be expected. . . .

Expensive gifts, lavish or frequent entertainment, paying hotel or travel costs, valuable services, inside advice as to investments, discounts and allowances in purchasing are in an entirely different category. They are clearly improper. . . . The difficulty comes in drawing the line between the innocent or proper and that which is designing or improper. At the moment a doubt arises as to propriety, the line should be drawn. 36

The Senate has long recognized that "public office is a public trust."3 Senators hold office to represent the interests of their constituents and the public at large. Members are assisted in these efforts by officers and employees who are paid from United States Treasury funds. The public has a right to expect Members, officers, and employees to exercise impartial judgment in performing their

36 SPECIAL SUBCOMM. ON THE EstablishmenT OF A COMM'N ON ETHICS IN GOV'T, SENATE COMM. ON LABOR AND PUBLIC WELFARE, ETHICAL STANDARDS IN GOVERNMENT, 82d Cong., 1st Sess. 23 (Comm. Print 1951). 37 Code of Ethics for Government Service ¶ 10, H. Con. Res. 175, 85th Cong., 2d Sess., 72 Stat., pt. 2, B 12

(1958).

duties. The receipt of gifts, entertainment, or favors from certain persons or interests may interfere with this impartial judgment, or may create an appearance of impropriety that may undermine the public's faith in government.

Thus, Members and employees of the Senate should always exercise discretion concerning the acceptance of gifts, favors, or entertainment from persons who are not relatives. They should be particularly sensitive to the source and value of a gift, the frequency of gifts from one source, and possible motives of the donor. 39 A gift of cash or a cash equivalent (for example stocks or bonds) is not an acceptable gift, unless it is from a relative or is part of an inheritance. Members and employees should never “discriminate unfairly by the dispensing of special favors or privileges to anyone, whether for remuneration or not," and never accept favors or benefits for themselves or their families “under circumstances which might be construed by reasonable persons as influencing the performance of [their] governmental duties. One should always be wary of accepting any gift, favor, or benefit that may not have been offered "but for" one's position in the Senate.

In addition to these general principles, detailed Senate rules regulate the gifts that a Member, officer, or employee may accept. Under Rule 35, a Member, officer, or employee of the Senate may generally not accept any one gift valued at $50 or more, or gifts with an aggregate value of $100 or more, from any one source in a calendar year. Definitions and exceptions are set forth in the rule.

THE GIFTS RULE

A limit on the amount and/or source of acceptable gifts for Senators and their staffs has been in effect since 1977, when the Special Committee on Official Conduct, 95th Congress, proposed the first Code of Official Conduct for Members, officers, and employees of the United States Senate. The report issued by that committee provides a useful source of legislative history on the original intent of the Gifts Rule, which has been amended on several occasions since 1977. The original Rule limited gifts from those with a "direct interest" in legislation to $100. Later, a $300 limit on gifts from all other sources was added. Thereafter, a uniform $250 annual limit was placed on all sources of gifts.

Most recently, the Senate Gifts Rule was revised by Senate Resolution 158, 104th Congress, effective January 1, 1996. A 1994 Report of the Senate Committee on Governmental Affairs (S. Rpt. No. 103-255, 103d Cong., 2d Sess.) offers insight into the purposes behind changes to the Rule effectuated by Senate Resolution 158. The current Rule places significant new restrictions on the ability of Senate Members, officers, and employees to accept gifts.

Senate Rule 35.1(a) sets forth the basic rule on accepting gifts. It states:

38 Id.¶5. See also 135 CONG. REC. H8764 (daily ed. Nov. 16, 1989) (debate on Ethics Reform Act of 1989, quoting Paul Volcker, Chairman of the National Commission on the Public Service); United States v. Podell, 436 F. Supp. 1039, 1042 (S.D.N.Y. 1977), aff'd, 572 F.2d 31 (2d Cir. 1978).

39

40

41

Id.

Code of Ethics for Government Service, supra note 2, ¶ 5.

SENATE CODE OF Official ConDUCT, REPORT OF THE SPECIAL COMMITTEE ON OFFICIAL CONDUCT, UNITED STATES SENATE, TO ACCOMPANY S. RES. 110, S. REP. NO. 95-49, 95th Cong., 1st Sess. (1977).