[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 885 Introduced in Senate (IS)]
103d CONGRESS
1st Session
S. 885
To limit the acceptance of gifts, meals, and travel by Members of
Congress and congressional staff, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 4 (legislative day, April 19), 1993
Mr. Lautenberg (for himself, Mr. Boren, Mr. Levin, Mr. Wellstone, Mr.
Feingold, and Mr. Kohl) introduced the following bill; which was read
twice and referred to the Committee on Governmental Affairs
_______________________________________________________________________
A BILL
To limit the acceptance of gifts, meals, and travel by Members of
Congress and congressional staff, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Congressional Ethics Reform Act''.
SEC. 2. GENERAL STANDARDS.
(a) General Prohibitions.--A Member or employee shall not, directly
or indirectly, solicit or accept a gift from any source except as
provided in this Act.
(b) Relationship to Illegal Gratuities Statute.--Unless accepted in
violation of subsection (c)(1), a gift accepted under the standards set
forth in this Act shall not constitute an illegal gratuity otherwise
prohibited by section 201(c)(1)(B) of title 18, United States Code.
(c) Limitations on Use of Exceptions.--A Member or employee shall
not--
(1) accept a gift in return for being influenced in the
performance of an official act;
(2) solicit or coerce the offering of a gift;
(3) accept gifts from the same or different sources on a
basis so frequent that a reasonable person would be led to
believe the Member or employee is using his public office for
private gain;
(4) accept a gift in violation of any statute; or
(5) accept vendor promotional training contrary to any
applicable regulations, policies, or guidance relating to the
procurement of supplies and services for the Congress.
SEC. 3. DEFINITIONS.
For purposes of this Act--
(1) Employee.--The term ``employee'' means an employee of
the legislative branch.
(2) Gift.--The term ``gift'' includes any gratuity, favor,
discount, entertainment, hospitality, loan, forbearance, or
other item having monetary value. It includes services as well
as gifts of training, transportation, local travel, lodgings
and meals, whether provided in-kind, by purchase of a ticket,
payment in advance, or reimbursement after the expense has been
incurred. It does not include--
(A) modest items of food and refreshments, such as
soft drinks, coffee, and donuts, offered other than as
part of a meal;
(B) greeting cards and items with little intrinsic
value, such as plaques, certificates and trophies,
which are intended solely for presentation;
(C) loans from banks and other financial
institutions on terms generally available to the
public;
(D) opportunities and benefits, including favorable
rates and commercial discounts, available to the public
or to a class consisting of all Government employees,
whether or not restricted on the basis of geographic
considerations;
(E) rewards and prizes given to competitors in
contests or events, including random drawings, open to
the public unless the Member's or employee's entry into
the contest or event is required as part of his
official duties;
(F) pension and other benefits resulting from
continued participation in a Member or employee welfare
and benefits plan maintained by a former employer;
(G) anything which is paid for by the Government or
secured by the Government under Government contract;
(H) any gift accepted by the Congress under
specific statutory authority;
(I) anything for which the market value is paid by
the Member or employee; and
(J) any books, written materials, audio tapes,
videotapes, or other informational materials.
(3) Market value.--The term ``market value'' means the
retail cost the Member or employee would incur to purchase the
gift. A Member or employee who cannot ascertain the market
value of a gift may estimate the market value by reference to
the retail cost of similar items of like quality. The market
value of a gift of a ticket entitling the holder to food,
refreshments, entertainment, or any other benefit shall be the
face value of the ticket.
(4) Member.--The term ``Member'' has the meaning given such
term in section 109(12) of the Ethics in Government Act of 1978
(5 U.S.C. App. 6 sec. 109).
(5) Solicitation or acceptance.--(A) A gift is solicited or
accepted because of the Member's or employee's official
position if it is from a person other than a Member or employee
and if a reasonable person with knowledge of all relevant facts
would conclude that it would not have been solicited, offered,
or given had the Member or employee not held his position as a
Member or employee.
(B) A gift which is solicited or accepted indirectly
includes a gift--
(i) given with the Member's or employee's knowledge
and acquiescence to his or her parent, sibling, spouse,
child, or dependent relative if a reasonable person
with knowledge of all relevant facts would conclude
that the gift was given because of that person's
relationship to the Member or employee; or
(ii) given to any other person, including any
charitable organization, on the basis of designation,
recommendation, or other specification by the Member or
employee, except as permitted for the disposition of
perishable items by section 5(a)(2).
(6) Ethics committee.--The term Ethics Committee with
respect to the House means the Committee on Standards of
Official Conduct and with respect to the Senate means the
Select Committee on Ethics.
(7) Vendor promotional training.--The term ``vendor
promotional training'' means training provided by any person
for the purpose of promoting its products or services. It does
not include training provided under a congressional contract or
by a contractor to facilitate use of products or services it
furnishes under a congressional contract.
SEC. 4. EXCEPTIONS.
The prohibitions set forth in section 2 do not apply to a gift
accepted under the circumstances described in paragraphs (1) through
(10) of this section and a gift accepted in accordance with one of
those paragraphs will not be deemed to violate section 2 of this Act.
(1) Gifts of $20 or less.--A Member or employee may accept
unsolicited gifts having an aggregate market value of $20 or
less per occasion, provided that the aggregate market value of
individual gifts received from any one person or entity under
the authority of this paragraph shall not exceed $50 in a
calendar year. This exception does not apply to gifts of cash
or of investment interests such as stock, bonds, or
certificates of deposit. Where the market value of a gift or
the aggregate market value of gifts offered on any single
occasion exceeds $20, the Member or employee may not pay the
excess value over $20 in order to accept that portion of the
gift or those gifts worth $20. Where the aggregate value of
tangible items offered on a single occasion exceeds $20, the
Member or employee may decline any distinct and separate item
in order to accept those items aggregating $20 or less.
(2) Gifts based on a personal relationship.--A Member or
employee may accept a gift given under circumstances which make
it clear that the gift is motivated by a family relationship or
personal friendship rather than the position of the Member or
employee. Relevant factors in making such a determination
include the history of the relationship and whether the family
member or friend personally pays for the gift.
(3) Discounts and similar benefits.--In addition to those
opportunities and benefits excluded from the definition of a
gift by section 3(2)(D), a Member or employee may accept--
(A) 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; and
(B) opportunities and benefits--
(i) offered to members of a group or class
in which membership is unrelated to
congressional employment; or
(ii) offered to members of an organization,
such as an employees' association or
congressional credit union, in which membership
is related to congressional employment if the
same offer is broadly available to large
segments of the public through organizations of
similar size.
A Member or employee may not accept for personal use any
benefit to which the Government is entitled as a result of an
expenditure of Government funds.
(4) Honorary degrees.--(A) A Member or employee may accept
an honorary degree from an institution of higher education (as
defined in section 1141(a) of title 20, United States Code)
based on a written determination by the Ethics Committee that
the timing of the award of the degree would not cause a
reasonable person to question the Member's or employee's
impartiality in a matter affecting the institution.
(B) A Member or employee who may accept an honorary degree
pursuant to subparagraph (A) may also accept meals and
entertainment given to him and to members of his family at the
event at which the presentation takes place.
(5) Gifts based on outside business or employment
relationships.--A Member or employee may accept meals,
lodgings, transportation and other benefits--
(A) resulting from the business or employment
activities of a Member's or employee's spouse when it
is clear that such benefits have not been offered or
enhanced because of the Member's or employee's official
position; or
(B) resulting from his or her outside business or
employment activities when it is clear that such
benefits have not been offered or enhanced because of
his or her official status.
(6) Political events.--A Member or employee may accept
meals, lodgings, transportation and other benefits, including
free attendance at events, when provided in connection with
active participation in political management or political
campaigns by a political organization described in section
527(e) of the Internal Revenue Code of 1986.
(7) Widely attended gatherings and other events.--
(A) Speaking and similar engagements.--When a
Member or employee participates as a speaker or panel
participant or otherwise presents information related
directly or indirectly to the Congress or matters
before the Congress at a conference or other event, his
or her acceptance of an offer of free attendance at the
event on the day of the presentation is permissible
when provided by the sponsor of the event. The Member's
or employee's participation in the event on that day
represents a customary and necessary part of the
performance of his or her responsibilities and does not
involve a gift to him or to the Congress.
(B) Widely attended gatherings.--(i) A Member or
employee may accept a sponsor's unsolicited gift of
free attendance at all or appropriate parts of a widely
attended gathering of mutual interest to a number of
parties. A gathering is widely attended if, for
example, it is open to members from throughout a given
industry or profession or if those in attendance
represent a range of persons interested in a given
matter.
(ii) A gathering is not widely attended if it is a
congressional retreat to which a majority of Members of
either House of Congress or the majority of the Members
of a political party in one or both Houses are invited
and which is held outside the United States Capitol
grounds.
(C) Free attendance.--For purposes of subparagraphs
(A) and (B), free attendance may include waiver of all
or part of a conference or other fee or the provision
of food, refreshments, entertainment, instruction and
materials furnished to all attendees as an integral
part of the event. It does not include travel expenses,
lodgings, entertainment collateral to the event, or
meals taken other than in a group setting with all
other attendees.
(D) Cost provided by sponsor of event.--The cost of
the Member's or employee's attendance will not be
considered to be provided by the sponsor where a person
other than the sponsor designates the Member or
employee to be invited and bears the cost of the
Member's or employee's attendance through a
contribution or other payment intended to facilitate
that Member's or employee's attendance. Payment of dues
or a similar assessment to a sponsoring organization
does not constitute a payment intended to facilitate a
particular Member's or employee's attendance.
(E) Accompanying spouse.--When others in attendance
will generally be accompanied by spouses, a Member or
employee may accept a sponsor's invitation to an
accompanying spouse to participate in all or a portion
of the event at which the Member's or employee's free
attendance is permitted under subparagraph (A) or (B).
(8) Protocol exception.--A Member or employee who is on
official travel to a foreign area or who is attending an event
sponsored by a foreign government may accept food,
refreshments, or entertainment in the course of such travel or
event provided that such acceptance is in accordance with any
rules that the Ethics Committee may establish.
(9) Gifts accepted under specific statutory authority.--The
prohibitions on acceptance of gifts contained in this Act do
not apply to any item, receipt of which is specifically
authorized by statute.
(10) Items primarily for free distribution to
constituents.--A Member or employee may accept food or other
items of minimal value intended primarily for free distribution
to visiting constituents.
SEC. 5. PROPER DISPOSITION OF PROHIBITED GIFTS.
(a) In General.--A Member or employee who has received a gift that
cannot be accepted under this Act shall--
(1) return any tangible item to the donor or pay the donor
its market value (a Member or employee who cannot ascertain the
actual market value of an item may estimate its market value by
reference to the retail cost of similar items of like quality);
(2) when it is not practical to return a tangible item
because it is perishable, the item may be given to an
appropriate charity or destroyed;
(3) for any entertainment, favor, service, benefit or other
intangible, reimburse the donor the market value (subsequent
reciprocation by the employee does not constitute
reimbursement); and
(4) dispose of gifts from foreign governments or
international organizations in accordance with rules
established by the Ethics Committee.
(b) Use of Appropriated Funds To Return Gifts.--A Member or
employee may use appropriated funds and franked mail to return gifts.
(c) Prompt Compliance.--A Member or employee who, on his own
initiative, promptly complies with the requirements of this section
will not be deemed to have improperly accepted an unsolicited gift. A
Member or employee who promptly consults his Ethics Committee to
determine whether acceptance of an unsolicited gift is proper and who,
upon the advice of the Ethics Committee, returns the gift or otherwise
disposes of the gift in accordance with this section, will be
considered to have complied with the requirements of this section on
his own initiative.
SEC. 6. CHARITABLE DESIGNATION OF OUTSIDE EARNED INCOME.
Subsection (c) of section 501 of the Ethics in Government Act of
1978 is repealed.
SEC. 7. REPEAL OF OLD RULE.
Section 901 of the Ethics Reform Act of 1989 (2 U.S.C. 31-2) is
repealed.
SEC. 8. ACCEPTANCE OF TRAVEL AND RELATED EXPENSES FROM NON-FEDERAL
SOURCES.
(a) In General.--The Ethics Committees shall prescribe rules
establishing the conditions under which their respective Houses may
accept payment, or authorize a Member or employee to accept payment on
the House's behalf, from non-Federal sources for travel, subsistence,
and related expenses with respect to attendance of the Member or
employee (or the spouse of such Member or employee) at any meeting or
similar function relating to the official duties of the Member or
employee. Any cash payment so accepted shall be credited to the
appropriation applicable to such expenses. In the case of a payment in
kind so accepted, a pro rata reduction shall be made in any entitlement
of the Member or employee to payment from the Government for such
expenses.
(b) Rules.--The rules prescribed pursuant to subsection (a) shall--
(1) require that the Ethics Committee approve in advance
all travel for which related expenses are to be reimbursed;
(2) condition such approval on a determination by the
Ethics Committee that acceptance of reimbursement would not
cause a reasonable person with knowledge of all the facts
relevant to a particular case to question the integrity of the
Member, the Congress or congressional operations; and
(3) prohibit reimbursement for items beyond those
reasonably necessary for the Member or employee to participate
in the event.
(c) General Prohibition.--Except as provided in this section or any
other statute, no Member, employee, or House of Congress may accept
payment in cash or in kind for expenses referred to in subsection (a).
A Member or employee who accepts any such payment in violation of the
preceding sentence--
(1) may be required, in addition to any penalty provided by
law, to repay, for deposit in the general fund of the Treasury,
an amount equal to the amount of the payment so accepted; and
(2) in the case of a repayment under paragraph (1), shall
not be entitled to any payment from the Government for such
expenses.
(d) Reports.--
(1) In general.--The Ethics Committees shall, in the manner
provided in paragraph (2), publish in the Congressional Record
reports of payments of more than $250 accepted under this
section.
(2) Contents.--The reports required by paragraph (1) shall,
with respect to each payment--
(A) specify the amount and method of payment, the name of
the person making the payment, the name of the Member or
employee, the nature of the meeting or similar function, the
time and place of travel, the nature of the expenses, and such
other information as the Ethics Committee may prescribe;
(B) be submitted not later than May 31 of each year with
respect to payments in the preceding period beginning on
October 1 and ending on March 31; and
(C) be submitted not later than November 30 of each year
with respect to payments in the preceding period beginning on
April 1 and ending on September 30.
SEC. 9. SOLICITATION OF REGISTERED LOBBYISTS.
A Member or employee shall not knowingly solicit contributions from
any registered lobbyist for an organization described under section
501(c) of the Internal Revenue Code of 1986. For purposes of this
section, the fact that the name of a Member or employee is on the
letterhead of a solicitation is not sufficient to establish that the
named Member or employee has solicited a contribution.
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S 885 IS----2