[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 274 Introduced in Senate (IS)]
103d CONGRESS
2d Session
S. RES. 274
To amend the Standing Rules of the Senate.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 6 (legislative day, September 12), 1994
Mr. Dole (for himself, Mr. Simpson, Mr. Nickles, Mr. Cochran, Mr.
McConnell, Mr. Smith, Mr. D'Amato, Mr. Domenici, Mr. Coats, Mr. Lott,
Mrs. Hutchison, Mr. Bennett, Mr. Shelby, Mr. Gregg, Mr. Coverdell, Mr.
Durenberger, Mr. Packwood, Mr. Gorton, Mr. Kempthorne, Mr. Thurmond,
Mrs. Kassebaum, Mr. Brown, Mr. Mack, Mr. Warner, Mr. Faircloth, Mr.
Gramm, Mr. Hatch, Mr. Burns, Mr. Helms, Mr. McCain, Mr. Grassley, Mr.
Lugar, Mr. Bond, Mr. Craig, Mr. Roth, Mr. Pressler, Mr. Cohen, and Mr.
Chafee) submitted the following resolution; which was referred to the
Committee on Rules and Administration
_______________________________________________________________________
RESOLUTION
To amend the Standing Rules of the Senate.
GIFT RULES
amendments to senate rules
Resolved, That rule XXXV of the Standing Rules of the Senate is
amended to read as follows:
``1. No Member, officer, or employee of the Senate shall accept a
gift, knowing that such gift is provided by a lobbyist, a registered
lobbyist under the Federal Regulation of Lobbying Act, a lobbying firm,
or an agent of a foreign principal.
``(a) Gifts.--A prohibited gift includes the following:
``(1) Anything provided by a lobbyist or a foreign
agent which is paid for, charged to, or reimbursed by a
client or firm of such lobbyist or a foreign agent.
``(2) Anything provided by a lobbyist, a lobbying
firm, or a foreign agent to an entity that is
maintained or controlled by a Member, officer, or
employee of the Senate.
``(3) A charitable contribution (as defined in
section 170(c) of the Internal Revenue Code of 1986)
made by a lobbyist, a lobbying firm, or a foreign agent
on the basis of a designation, recommendation, or other
specification of a Member, officer, or employee of the
Senate (not including a mass mailing or other
solicitation directed to a broad category of persons or
entities).
``(4) A contribution or other payment by a
lobbyist, a lobbying firm, or a foreign agent to a
legal expense fund established for the benefit of a
Member, officer, or employee of the Senate.
``(5) A charitable contribution (as defined in
section 170(c) of the Internal Revenue Code of 1986)
made by a lobbyist, a lobbying firm, or a foreign agent
in lieu of an honorarium to a Member, officer, or
employee of the Senate.
``(6) A financial contribution or expenditure made
by a lobbyist, a lobbying firm, or a foreign agent
relating to a conference, retreat, or similar event,
sponsored by or affiliated with an official
congressional organization, for or on behalf of a
Member, officer, or employee of the Senate.
``(b) Not gifts.--The following are not gifts subject to
the prohibition:
``(1) Anything for which the recipient 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) Food or refreshments of nominal value offered
other than as part of a meal.
``(4) Benefits resulting from the business,
employment, or other outside activities of the spouse
of a Member, officer, or employee of the Senate, if
such benefits are customarily provided to others in
similar circumstances.
``(5) Pension and other benefits resulting from
continued participation in an employee welfare and
benefits plan maintained by a former employer.
``(6) Informational materials that are sent to the
office of a Member, officer, or employee of the Senate
in the form of books, articles, periodicals, other
written materials, audio tapes, videotapes, or other
forms of communication.
``(c) Gifts given for a nonbusiness purpose and motivated
by family relationship or close personal friendship.--
``(1) In general.--A gift given by an individual
under circumstances which make it clear that the gift
is given for a nonbusiness purpose and is motivated by
a family relationship or close personal friendship and
not by the position of the Member, officer, or employee
of the Senate shall not be subject to the prohibition
in subsection (a).
``(2) Nonbusiness purpose.--A gift shall not be
considered to be given for a nonbusiness purpose if the
individual giving the gift seeks--
``(A) to deduct the value of such gift as a
business expense on the individual's Federal
income tax return, or
``(B) direct or indirect reimbursement or
any other compensation for the value of the
gift from a client or employer of such lobbyist
or foreign agent.
``(3) Family relationship or close personal
friendship.--In determining if the giving of a gift is
motivated by a family relationship or close personal
friendship, at least the following factors shall be
considered:
``(A) The history of the relationship
between the individual giving the gift and the
recipient of the gift, including whether or not
gifts have previously been exchanged by such
individuals.
``(B) Whether the gift was purchased by the
individual who gave the item.
``(C) Whether the individual who gave the
gift also at the same time gave the same or
similar gifts to any other Member, officer, or
employee of the Senate.
``2. (a) In addition to the restriction on receiving gifts from
lobbyists registered lobbyists under the Federal Regulation of Lobbying
Act, lobbying firms, and agents of foreign principals provided by
paragraph 1 and except as provided in this Rule, no Member, officer, or
employee of the Senate shall knowingly accept a gift from any other
person.
``(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 gift to the spouse or dependent 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.
``(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) Anything provided by an individual on the basis of a
personal or family relationship 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 or
family relationship. The Select Committee on Ethics shall
provide guidance on the applicability of this clause and
examples of circumstances under which a gift may be accepted
under this exception.
``(4) 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, if the person making
the contribution or payment is identified for the Select
Committee on Ethics.
``(5) Any food or refreshments which the recipient
reasonably believes to have a value of less than $20.
``(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, audio tapes,
videotapes, or other forms of communication.
``(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) Food, refreshments, and entertainment provided to a
Member or an employee of a Member in the Member's home State,
subject to reasonable limitations, to be established by the
Committee on Rules and Administration.
``(14) An item of little intrinsic value such as a greeting
card, baseball cap, or a T shirt.
``(15) 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.
``(16) Bequests, inheritances, and other transfers at
death.
``(17) 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.
``(18) Anything which is paid for by the Federal
Government, by a State or local government, or secured by the
Government under a Government contract.
``(19) A gift of personal hospitality of an individual, as
defined in section 109(14) of the Ethics in Government Act.
``(20) Free attendance at a widely attended event permitted
pursuant to subparagraph (d).
``(21) 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.
``(22) A plaque, trophy, or other memento of modest value.
``(23) Anything for which, in an unusual case, a waiver is
granted by the Select Committee on Ethics.
``(d)(1) Except as prohibited by paragraph 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) Except as prohibited by paragraph 1, 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 the event.
``(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, or 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 under circumstances which make it clear that the
gift is given for a nonbusiness purpose and is motivated by a close
personal friendship and not by the position of the Member, officer, or
employee of the Senate unless the Select Committee on Ethics issues a
written determination that one of such exceptions applies.
``(f)(1) The Committee on Rules and Administration is authorized to
adjust the dollar amount referred to in subparagraph (c)(5) on a
periodic basis, to the extent necessary to adjust for inflation.
``(2) The Select Committee on Ethics shall provide guidance setting
forth reasonable steps that may be taken by Members, officers, and
employees, with a minimum of paperwork and time, to prevent the
acceptance of prohibited gifts from lobbyists.
``(3) 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.
``3. (a)(1) Except as prohibited by paragraph 1, a reimbursement
(including payment in kind) to a Member, officer, or employee 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 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
traveltime within the United States or 7 days exclusive of
traveltime 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, or entertainment other than that provided to all
attendees as an integral part of the event; 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. Definitions.--
``(a) Lobbyist means any individual who is employed or
retained by a client for financial or other compensation for
services that include one or more lobbying contacts, other than
an individual whose lobbying activities constitute less than 10
percent of the time engaged in the service provided by such
individual to that client.
``(b) Lobbying firm means a person or entity that has 1 or
more employees who are lobbyists on behalf of a client other
than that person or entity including a self-employed individual
who is a lobbyist.
``(c) Agent of a foreign principal means the definition
contained in the Foreign Agents Registration Act of 1938 (22
U.S.C. 611 et seq.).
``4. Miscellaneous.--
``(a) Senate provisions.--
``(1) Authority of the committee on rules and
administration.--The Senate Committee on Rules and
Administration, on behalf of the Senate, may accept
gifts provided they do not involve any duty, burden, or
condition, or are not made dependent upon some future
performance by the United States. The Committee on
Rules and Administration is authorized to promulgate
regulations to carry out this section.
``(2) Food, refreshments, and entertainment.--The
rules on acceptance of food, refreshments, and
entertainment provided to a Member of the Senate or an
employee of such a Member in the Member's home State
before the adoption of reasonable limitations by the
Committee on Rules and Administration shall be the
rules in effect on the day before the effective date of
this title.
``5. Effective Date.--This rule change shall take effect May 31,
1995.''.
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