[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1935 Engrossed in Senate (ES)]

103d CONGRESS

  2d Session

                                S. 1935

_______________________________________________________________________

                                 AN ACT

   To limit the acceptance of gifts, meals, and travel by Members of 
       Congress and congressional staff, and for other purposes.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
103d CONGRESS
  2d Session
                                S. 1935

_______________________________________________________________________

                                 AN ACT


 
   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 Gifts Reform Act''.

SEC. 2. AMENDMENT TO THE SENATE RULES.

    Rule XXXV of the Standing Rules of the Senate is amended to read as 
follows:

                              ``RULE XXXV

                                ``gifts

    ``1. (a) No Member, officer, or employee of the Senate, or the 
spouse thereof, shall knowingly accept--
            ``(1) any gift provided directly or indirectly by any 
        person registered as a lobbyist or a foreign agent under the 
        Federal Regulation of Lobbying Act, the Foreign Agent 
        Registration Act, or any successor statute;
            ``(2) Any gift from any other person.
    ``(b) 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.
    ``(c)(1) The restrictions in subparagraph (a) shall apply to any 
financial contribution or expenditure relating to a conference, 
retreat, or similar event for or on behalf of Members, officers, or 
employees.
    ``(2) The following items are subject to the restrictions in 
subparagraph (a)(1)--
            ``(A) an item 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 foreign agent;
            ``(B) an item provided by a lobbyist or a foreign agent to 
        an entity that is maintained or controlled by a Member, 
        officer, or employee;
            ``(C) a charitable contribution made on the basis of a 
        designation, recommendation, or other specification made to a 
        lobbyist or a foreign agent by a Member, officer, or employee 
        (not including a mass mailing or other solicitation directed to 
        a broad category of the general public);
            ``(D) a contribution or other payment by a lobbyist or 
        foreign agent to a legal expense fund established for the 
        benefit of a Member, officer, or employee;
            ``(E) a charitable contribution (as defined in section 
        170(c) of the Internal Revenue Code of 1986) made by a lobbyist 
        or a foreign agent in lieu of an honorarium; and
            ``(F) A contribution, as defined in the Federal Campaign 
        Act of 1971 (2 U.S.C. 431 et seq.) that is made by a lobbyist, 
        foreign agent, or Political Action Committee to a Member.
    ``(d) The following items are not gifts subject to the restrictions 
in subparagraph (a):
            ``(1) Any item for which the Member, officer, or employee 
        pays the market value.
            ``(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 except as provided in subparagraph 
        (c)(2)(E).
            ``(3) Anything provided under circumstances that clearly 
        indicate, in accordance with paragraph 2(a), that it is 
        provided for a nonbusiness purpose and is motivated by a family 
        relationship or personal friendship and not by the position of 
        the Member, officer, or employee (subject to prior approval by 
        the Ethics Committee in the case of a gift to a Member, 
        officer, or employee in excess of $250 that is provided on the 
        basis of personal friendship and disclosure under the Ethics in 
        Government Act of a gift to a spouse of a Member in excess of 
        $250 that is provided on the basis of personal friendship).
            ``(4) Items which are not used and which are promptly 
        returned to the donor.
            ``(5) A food or refreshment item of minimal value, such as 
        a soft drink, coffee, or doughnut offered other than as part of 
        a meal.
            ``(6) Benefits resulting from the business, employment, or 
        other outside activities of the spouse of a Member, officer, or 
        employee, if such benefits are customarily provided to others 
        in similar circumstances.
            ``(7) Pension and other benefits resulting from continued 
        participation in an employee welfare and benefits plan 
        maintained by a former employer.
            ``(8) 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.
    ``(e) The restrictions in clauses (2) and (3) of subparagraph (a) 
shall not apply to the following:
            ``(1) Meals, lodging, and other benefits--
                    ``(A) resulting from the outside business or 
                employment activities of the Member, officer, or 
                employee (or other outside activities that are not 
                connected to the duties of the Member, officer, or 
                employee as an officeholder), 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; or
                    ``(B) customarily provided by a prospective 
                employer in connection with bona fide employment 
                discussions.
            ``(2) Awards or prizes which are given to competitors in 
        contests or events open to the public, including random 
        drawings.
            ``(3) Honorary degrees and other bona fide awards presented 
        in recognition of public service and available to the general 
        public (and associated meals and entertainment provided in the 
        presentation of such degrees and awards).
            ``(4) 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.
            ``(5) Meals 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.
            ``(6) Food and attendance provided at an event sponsored by 
        a political organization described in section 527(e) of the 
        Internal Revenue Code of 1986.
            ``(7) Training provided to a Member, officer, or employee, 
        if such training is in the interest of the Senate.
            ``(8) Bequests, inheritances, and other transfers at death.
            ``(9) Any item, the receipt of which is authorized by the 
        Foreign Gifts and Declarations Act, the Mutual Education and 
        Cultural Exchange Act, or any other statute.
            ``(10) Anything which is paid for by the Government or 
        secured by the Government under a Government contract.
            ``(11) A gift of personal hospitality of an individual, as 
        defined in section 109(14) of the Ethics in Government Act.
            ``(12) Free attendance at an event permitted pursuant to 
        paragraph 2(b).
            ``(13) 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.
            ``(14) A plaque, trophy, or other memento of modest value.
            ``(15) An item for which, in an unusual case, a waiver is 
        granted by the Select Committee on Ethics.
    ``2. (a)(1) In determining if the giving of an item is motivated by 
a family relationship or personal friendship, at least the following 
factors shall be considered:
            ``(A) The history of the relationship between the 
        individual giving the item and the individual receiving the 
        item, including whether or not items have previously been 
        exchanged by such individuals.
            ``(B) Whether the item was purchased by the individual who 
        gave the item.
            ``(C) Whether the individual who gave the item also at the 
        same time gave the same or similar item to other Members, 
        officers, or employees.
    ``(2) The giving of an item shall not be considered to be motivated 
by a family relationship or personal friendship if the individual 
providing the item--
            ``(A) seeks to deduct the value of such item as a business 
        expense on the individual's income tax return; or
            ``(B) accepts direct or indirect reimbursement or 
        compensation for the item from a client or a firm of which the 
        individual is a member or employee.
    ``(3) For purposes of clause (2), indirect reimbursement or 
compensation for an item includes an expenditure from an expense 
account and a fee charged by a lobbyist for the purpose of compensating 
the lobbyist for the cost of the item.
    ``(b)(1) Except as prohibited by paragraph 1(a)(1) a Member, 
officer, or employee may accept an offer of free attendance at a widely 
attended convention, conference, symposium, forum, panel discussion, 
dinner, 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 his or her 
        official position; or
            ``(B) attendance of the event is appropriate to the 
        performance of the official duties of the Member, officer, or 
        employee.
    ``(2) A Member, officer, or employee who attends an event described 
in clause (1) of this subparagraph may accept--
            ``(A) a sponsor's unsolicited offer of free attendance at 
        the event for an accompanying spouse if others in attendance 
        will generally be accompanied by spouses or if such attendance 
        is appropriate to assist in the representation of the Senate; 
        and
            ``(B) transportation and lodging in connection with the 
        event if authorized in accordance with paragraph 3.
    ``(3) Except as prohibited by paragraph 1(a)(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 in which the 
Member, officer, or employee is a participant. 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 or the 
provision of food, refreshment, 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 
meals taken other than in a group setting with all or substantially all 
other attendees.
    ``(c) For the purpose of this rule--
            ``(1) The term `client' means any person who employs or 
        retains a lobbyist or a foreign agent to appear or work on such 
        person's behalf.
            ``(2) The term `market value', when applied to a gift means 
        the retail cost a person would incur to purchase the gift. The 
        market value of a gift of a ticket entitling the holder to 
        food, refreshments, or entertainment is the retail cost of 
        similar food, refreshments, or entertainment.
    ``(d) 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, shared within the recipient's office, 
or destroyed.
    ``3. (a)(1) Except as prohibited by paragraph 1(a)(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 paragraph 1, if the Member, officer, or 
employee receives advance authorization to accept reimbursement and 
discloses the expenses reimbursed or to be reimbursed and the 
authorization through the Secretary of the Senate as soon as 
practicable after the travel is completed.
    ``(2) 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 appropriate Member (or, in the case of an employee of a 
committee, the appropriate committee chairman) and shall include--
            ``(1) the name of the Member, officer, or 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 Member, officer, or employee as an 
        officeholder and would not create the appearance that the 
        Member, officer, or employee is using public office for private 
        gain.
    ``(c) Each disclosure of expenses reimbursed or to be reimbursed 
shall be signed by the appropriate Member (or, in the case of an 
employee of a committee, the appropriate committee chairman) and shall 
include--
            ``(1) total transportation expenses reimbursed or to be 
        reimbursed;
            ``(2) total lodging expenses reimbursed or to be 
        reimbursed;
            ``(3) disclosure of any other expenses reimbursed or to be 
        reimbursed (with the exception of any items that may properly 
        be accepted pursuant to paragraphs 1 and 2); and
            ``(4) a determination that all such expenses are necessary 
        transportation, lodging, and related expenses as defined in 
        this paragraph.
    ``(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 that may not exceed 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 Ethics Committee;
            ``(2) is limited to expenditures for transportation, 
        lodging, conference fees and materials, and meals offered to 
        all attendees as an integral part of the event, including 
        reimbursement for necessary transportation, whether or not such 
        transportation occurs within the periods described in clause 
        (1); and
            ``(3) does not include expenditures for recreational 
        activities, or entertainment other than that provided to all 
        attendees as an integral part of the event.
    ``(e) The Secretary of the Senate shall--
            ``(1) make available to the public all advance 
        authorizations and disclosures of reimbursement filed pursuant 
        to subparagraph (a) as soon as possible after they are filed; 
        and
            ``(2) publish an annual report summarizing (by Member, 
        officer, or employee) travel expenses that are reimbursed 
        pursuant to this paragraph and aggregate more than $250 from 
        any one source.
    ``4. (a) Notwithstanding any other provision of this rule, a 
Member, officer, or employee of the Senate may participate in a 
program, the principal objective of which is educational, sponsored by 
a foreign government or a foreign educational or charitable 
organization involving travel to a foreign country paid for by that 
foreign government or organization if such participation is not in 
violation of any law and if the appropriate Member or committee 
chairman has determined that participation in such program is in the 
interests of the Senate and the United States.
    ``(b) Any Member who accepts an invitation to participate in any 
such program shall notify the Secretary of the Senate in writing of his 
acceptance. A Member shall also notify the Secretary in writing 
whenever he has permitted any officer or employee whom he supervises 
(within the meaning of paragraph 11 of rule XXXVII) to participate in 
any such program. The Secretary shall place in the Congressional Record 
a list of all individuals participating; the supervisors of such 
individuals, where applicable; and the nature and itinerary of such 
program. No Member, officer, or employee may accept funds in connection 
with participation in a program permitted under subparagraph (a) if 
such funds are not used for necessary food, lodging, transportation, 
and related expenses of the Member, officer, or employee.
    ``5. The Committee on Rules and Administration is authorized to 
adjust the $20 gift limit established in paragraph 1 on a periodic 
basis, to the extent necessary to adjust for inflation.''.

SEC. 3. AMENDMENT TO THE HOUSE RULES.

    Clause 4 of rule XLIII of the Rules of the House of Representatives 
is amended to read as follows:
    ``4. (a)(1) No Member, officer, or employee of the House of 
Representatives, or the spouse thereof, shall knowingly accept--
            ``(A) any gift provided directly or indirectly by a person 
        registered as a lobbyist or a foreign agent under the Federal 
        Regulation of Lobbying Act, the Foreign Agents Registration 
        Act, or any successor statute;
            ``(B) any gift from any other person.
    ``(2) For the purpose of this clause, 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.
    ``(3)(A) The restrictions in subparagraph (a) shall apply to any 
financial contribution or expenditure relating to a conference, 
retreat, or similar event for or on behalf of Members, officers, or 
employees.
    ``(B) The following items are subject to the restrictions in 
subparagraph (1)(A)--
            ``(i) an item 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 foreign agent;
            ``(ii) an item provided by a lobbyist or a foreign agent to 
        an entity that is maintained or controlled by a Member, 
        officer, or employee;
            ``(iii) a charitable contribution made on the basis of a 
        designation, recommendation, or other specification made to a 
        lobbyist or a foreign agent by a Member, officer, or employee 
        (not including a mass mailing or other solicitation directed to 
        a broad category of the general public);
            ``(iv) a contribution or other payment by a lobbyist or 
        foreign agent to a legal expense fund established for the 
        benefit of a Member, officer, or employee; and
            ``(v) a contribution, as defined in the Federal Campaign 
        Act of 1971 (2 U.S.C. 431 et seq.) that is made by a lobbyist, 
        foreign agent, or Political Action Committee, to a Member; and
    ``(C) a charitable contribution (as defined in section 170(c) of 
the Internal Revenue Code of 1986) made by a lobbyist or a foreign 
agent in lieu of an honorarium.
    ``(4) The following items are not gifts subject to the restrictions 
in subparagraph (1):
            ``(A) Any item for which the Member, officer, or employee 
        pays the market value.
            ``(B) 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 except as provided in subparagraph 
        (3)(B)(v).
            ``(C) Anything provided under circumstances that clearly 
        indicate, in accordance with paragraph (b)(1), that it is 
        provided for a nonbusiness purpose and is motivated by a family 
        relationship or personal friendship and not by the position of 
        the Member, officer, or employee (subject to prior approval by 
        the Committee on Standards of Official Conduct in the case of a 
        gift to a Member, officer, or employee in excess of $250 that 
        is provided on the basis of personal friendship and disclosure 
        under the Ethics in Government Act of a gift to a spouse of a 
        Member in excess of $250 that is provided on the basis of 
        personal friendship).
            ``(D) Items which are not used and which are promptly 
        returned to the donor.
            ``(E) A food or refreshment item of minimal value, such as 
        a soft drink, coffee, or doughnut offered other than as part of 
        a meal.
            ``(F) Benefits resulting from the business, employment, or 
        other outside activities of the spouse of a Member, officer, or 
        employee, if such benefits are customarily provided others in 
        similar circumstances.
            ``(G) Pension and other benefits resulting from continued 
        participation in an employee welfare and benefits plan 
        maintained by a former employer.
            ``(H) 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.
    ``(5) The restrictions in clauses (B) and (C) of subparagraph (1) 
shall not apply to the following:
            ``(A) Meals, lodging, and other benefits--
                    ``(i) resulting from the outside business or 
                employment activities of the Member, officer, or 
                employee (or other outside activities that are not 
                connected to the duties of the Member, officer, or 
                employee as an officeholder), 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; or
                    ``(ii) customarily provided by a prospective 
                employer in connection with bona fide employment 
                discussions.
            ``(B) Awards or prizes which are given to competitors in 
        contests or events open to the public, including random 
        drawings.
            ``(C) Honorary degrees and other bona fide awards presented 
        in recognition of public service and available to the general 
        public (and associated meals and entertainment provided in the 
        presentation of such degrees and awards).
            ``(D) 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.
            ``(E) Meals and entertainment provided to a Member or an 
        employee of a Member in the Member's home State having, subject 
        to reasonable limitations, to be established by the Committee 
        on Standards of Official Conduct.
            ``(F) Food and attendance provided at an event sponsored by 
        a political organization described in section 527(e) of the 
        Internal Revenue Code of 1986.
            ``(G) Training provided to a Member, officer, or employee, 
        if such training is in the interest of the House of 
        Representatives.
            ``(H) Bequests, inheritances, and other transfers at death.
            ``(I) Any item, the receipt of which is authorized by the 
        Foreign Gifts and Declarations Act, the Mutual Education and 
        Cultural Exchange Act, or any other statute.
            ``(J) Anything which is paid for by the Government or 
        secured by the Government under a Government contract.
            ``(K) A gift of personal hospitality of an individual, as 
        defined in section 109(14) of the Ethics in Government Act.
            ``(L) Free attendance at an event permitted pursuant to 
        paragraph (b)(1).
            ``(M) Opportunities and benefits which are--
                    ``(i) available to the public or to a class 
                consisting of all Federal employees, whether or not 
                restricted on the basis of geographic consideration;
                    ``(ii) offered to members of a group or class in 
                which membership is unrelated to congressional 
                employment;
                    ``(iii) 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;
                    ``(iv) 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;
                    ``(v) in the form of loans from banks and other 
                financial institutions on terms generally available to 
                the public; or
                    ``(vi) 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.
            ``(N) A plaque, trophy, or other memento of modest value.
            ``(O) An item for which, in an unusual case, a waiver is 
        granted by the Committee on Standards of Official Conduct.
    ``(b)(1)(A) In determining if the giving of an item is motivated by 
a family relationship or personal friendship, at least the following 
factors shall be considered:
            ``(i) The history of the relationship between the 
        individual giving the item and the individual receiving the 
        item, including whether or not items have previously been 
        exchanged by such individuals.
            ``(ii) Whether the item was purchased by the individual who 
        gave the item.
            ``(iii) Whether the individual who gave the item also at 
        the same time gave the same or similar item to other Members, 
        officers, or employees.
    ``(B) The giving of an item shall not be considered to be motivated 
by a family relationship or personal friendship if the individual 
providing the item--
            ``(i) seeks to deduct the value of such item as a business 
        expense on the individual's income tax return; or
            ``(ii) accepts direct or indirect reimbursement or 
        compensation for the item from a client or a firm of which the 
        individual is a member or employee.
    ``(C) For purposes of clause (B), indirect reimbursement or 
compensation for an item includes an expenditure from an expense 
account and a fee charged by a lobbyist for the purpose of compensating 
the lobbyist for the cost of the item.
    (2)(A) Except as prohibited by paragraph (a)(1)(A) a Member, 
officer, or employee may accept an offer of free attendance at a widely 
attended convention, conference, symposium, forum, panel discussion, 
dinner, reception, or similar event, provided by the sponsor of the 
event if--
            ``(i) 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 his or her 
        official position; or
            ``(ii) attendance of the event is appropriate to the 
        performance of the official duties of the Member, officer, or 
        employee.
    ``(B) A Member, officer, or employee who attends an event described 
in clause (A) of this subparagraph may accept--
            ``(i) a sponsor's unsolicited offer of free attendance at 
        the event for an accompanying spouse if others in attendance 
        will generally be accompanied by spouses or if such attendance 
        is appropriate to assist in the representation of the House of 
        Representatives; and
            ``(ii) transportation and lodging in connection with the 
        event if authorized in accordance with paragraph (c).
    ``(C) Except as prohibited by paragraph (a)(1)(A), 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 in 
which the Member, officer, or employee is a participant. Reimbursement 
for transportation and lodging may not be accepted in connection with 
the event.
    ``(D) For purposes of this paragraph, the term `free attendance' 
may include waiver of all or part of a conference or other fee or the 
provision of food, refreshment, 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 
meals taken other than in a group setting with all or substantially all 
other attendees.
    ``(3) For the purpose of this clause--
            ``(A) The term `client' means any person who employs or 
        retains a lobbyist or a foreign agent to appear or work on such 
        person's behalf.
            ``(B) The term `market value', when applied to a gift means 
        the retail cost a person would incur to purchase the gift. The 
        market value of a gift of a ticket entitling the holder to 
        food, refreshments, or entertainment is the retail cost of 
        similar food, refreshments, or entertainment.
    ``(4) When it is not practical to return a tangible item because it 
is perishable, the item may, at the discretion of the recipient, be 
given to an appropriate charity, shared within the recipient's office, 
or destroyed.
    ``(c)(1)(A) Except as prohibited by paragraph (a)(1)(A), 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 House 
of Representatives and not a gift prohibited by paragraph (a), if the 
Member, officer, or employee receives advance authorization to accept 
reimbursement and discloses the expenses reimbursed or to be reimbursed 
and the authorization through the Clerk of the House of Representatives 
as soon as practicable after the travel is completed.
    ``(B) 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.
    ``(2) Each advance authorization to accept reimbursement shall be 
signed by the appropriate Member (or, in the case of an employee of a 
committee, the appropriate committee chairman) and shall include--
            ``(A) the name of the Member, officer, or employee;
            ``(B) the name of the person who will make the 
        reimbursement;
            ``(C) the time, place, and purpose of the travel; and
            ``(D) a determination that the travel is in connection with 
        the duties of the Member, officer, or employee as an 
        officeholder and would not create the appearance that the 
        Member, officer, or employee is using public office for private 
        gain.
    ``(3) Each disclosure of expenses reimbursed or to be reimbursed 
shall be signed by the appropriate Member (or, in the case of an 
employee of a committee, the appropriate committee chairman) and shall 
include--
            ``(A) total transportation expenses reimbursed or to be 
        reimbursed;
            ``(B) total lodging expenses reimbursed or to be 
        reimbursed;
            ``(C) disclosure of any other expenses reimbursed or to be 
        reimbursed (with the exception of any items that may properly 
        be accepted pursuant to clauses (a) and (b)); and
            ``(D) a determination that all such expenses are necessary 
        transportation, lodging, and related expenses as defined in 
        this paragraph.
    ``(4) For the purposes of this paragraph, the term `necessary 
transportation, lodging, and related expenses'--
            ``(A) includes reasonable expenses that are necessary for 
        travel for a period that may not exceed 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 Committee on Standards of Official Conduct;
            ``(B) is limited to expenditures for transportation, 
        lodging, conference fees and materials, and meals offered to 
        all attendees as an integral part of the event, including 
        reimbursement for necessary transportation, whether or not such 
        transportation occurs within the periods described in clause 
        (1); and
            ``(C) does not include expenditures for recreational 
        activities, or entertainment other than that provided to all 
        attendees as an integral part of the event.
    ``(5) The Clerk of the House of Representatives shall--
            ``(A) make available to the public all advance 
        authorizations and disclosures of reimbursement filed pursuant 
        to subparagraph (1) as soon as possible after they are filed; 
        and
            ``(B) publish an annual report summarizing (by Member, 
        officer, or employee) travel expenses that are reimbursed 
        pursuant to this paragraph and aggregate more than $250 from 
        any one source.
    ``(d)(1) Notwithstanding any other provision of this clause, a 
Member, officer, or employee of the House of Representatives may 
participate in a program, the principal objective of which is 
educational, sponsored by a foreign government or a foreign educational 
or charitable organization involving travel to a foreign country paid 
for by that foreign government organization if such participation is 
not in violation of any law and if the appropriate Member or committee 
chairman has determined that participation in such program is in the 
interests of the House of Representatives and the United States.
    ``(2) Any Member who accepts an invitation to participate in any 
such program shall notify the Clerk of the House of Representatives in 
writing of his acceptance. A Member shall also notify the a Clerk in 
writing whenever he has permitted any officer or employee whom he 
supervises to participate in any such program. The Clerk shall place in 
the Congressional Record a list of all individuals participating; the 
supervisors of such individuals, where applicable; and the nature and 
itinerary of such program.
    ``(3) No Member, officer, or employee may accept funds in 
connection with participation in a program permitted under subparagraph 
(a) if such funds are not used for necessary food, lodging, 
transportation, and related expenses of the Member, officer, or 
employee.
    ``(e) The Committee on Standards of Official Conduct is authorized 
to adjust the $20 gift limit established in paragraph (a) on a periodic 
basis, to the extent necessary to adjust for inflation.''.

SEC. 4. AMENDMENT TO THE ETHICS IN GOVERNMENT ACT.

    Section 102(a)(2)(A) of the Ethics in Government Act (5 U.S.C. App. 
6, section 102), is amended by--
            (1) inserting a dash after ``and the value of'';
            (2) striking ``all gifts aggregating'' and inserting the 
        following:
                    ``(i) all gifts aggregating'';
            (3) striking the period at the end of the subparagraph and 
        inserting ``; and''; and
            (4) adding at the end the following:
                    ``(ii) all gifts, other than food, lodging, or 
                entertainment received as personal hospitality of an 
                individual, having a value of $20 or more that are--
                            ``(I) provided by a person required to 
                        register under the Federal Regulation of 
                        Lobbying Act, the Foreign Agents Registration 
                        Act, or any successor Act; and
                            ``(II) would be prohibited by section 7353 
                        of title 5, United States Code, but for a 
                        personal friendship exception contained in 
                        implementing rules and regulations issued 
                        pursuant to in subsection (b)(1) of such 
                        section.''.

SEC. 5. POST-EMPLOYMENT REFORM ACT OF 1994.

    (a) Short Title.--This section may be cited as the ``Post-
Employment Reform Act of 1994''.
    (b) Former Agency Ban.--
            (1) Executive branch.--Section 207(c)(1) of title 18, 
        United States Code, is amended by striking ``within 1 year 
        after'' and inserting ``within 2 years after''.
            (2) Congress.--Section 207(e) of title 18, United States 
        Code, is amended in paragraphs (1)(A), (2)(A), (3), (4)(A), and 
        (5)(A), by striking ``within 1 year after'' and inserting 
        ``within 2 years after''.
            (3) Conforming amendment relating to pay levels.--(A) 
        Section 207(c)(2)(ii) of title 18, United States Code, is 
        amended by striking ``the rate of basic pay payable for level V 
        of the Executive Schedule'' and inserting ``120 percent of the 
        minimum rate of basic pay payable for GS-15 of the General 
        Schedule''.
            (B) Section 207(e)(6) of title 18, United States Code, is 
        amended--
                    (i) in subparagraph (A) by striking ``which is 75 
                percent of the basic rate of pay payable for a Member 
                of the House of Congress in which such employee was 
                employed'' and inserting ``which is 120 percent of the 
                minimum rate of basic pay payable for GS-15 of the 
                General Schedule''; and
                    (ii) in subparagraph (B) by striking ``payable for 
                level V of the Executive Schedule'' and inserting 
                ``which is 120 percent of the minimum rate of basic pay 
                payable for GS-15 of the General Schedule''.
    (c) Foreign Entities Ban.--Section 207(f) of title 18, United 
States Code, is amended--
            (1) in paragraph (1) by striking ``within 1 year'' and 
        inserting ``within 2 years'';
            (2) by striking paragraph (2); and
            (3) by redesignating paragraph (3) as paragraph (2) and 
        inserting in such paragraph before the period the following: 
        ``, or a corporation, partnership, or other nongovernment 
        entity which is created or organized under the laws of a 
        foreign country or which has its principal place of business 
        outside the United States''.
    (d) Restrictions on Very Senior Personnel.--Section 207(d)(1) of 
title 18, United States Code, is amended by striking ``within 1 year'' 
and inserting ``within 2 years''.
    (e) Trade and Treaty Negotiation Ban.--Section 207(b)(1) of title 
18, United States Code, is amended by striking ``for a period of 1 
year'' and inserting ``for a period of 10 years''.
    (f) Effective Date.--This section shall be effective after January 
1, 1995.

SEC. 6. PROHIBITION ON CONTRIBUTIONS TO LEGAL DEFENSE FUNDS.

    No person registered as a lobbyist or a foreign agent may make a 
contribution or other payment to a legal expense fund established for 
the benefit of an officer or employee of the executive branch.

SEC. 7. REPEAL OF OBSOLETE PROVISION.

    Section 901 of the Ethics Reform Act of 1989 (2 U.S.C. 31-2) is 
repealed.

SEC. 8. PROHIBITION ON LOBBYISTS.

    No person registered as a lobbyist or a foreign agent under the 
Federal Regulation of Lobbying Act, the Foreign Agents Registration 
Act, or any successor statute shall provide a gift to any Member, 
officer, or employee of the Senate or the House of Representatives, or 
a spouse or dependent of the Member, officer, or employee, if the 
lobbyist or foreign agent knows that the acceptance of the gift by the 
Member, officer, employee, spouse, or dependent would violate Rule XXXV 
of the Standing Rules of the Senate or clause 4 of Rule XLIII of the 
Rules of the House of Representatives.

SEC. 9. EXERCISE OF CONGRESSIONAL RULEMAKING POWER.

    Except for sections 4, 5, and 6, this Act is enacted by Congress--
            (1) as an exercise of the rulemaking power of the Senate 
        and the House of Representatives, respectively, and 
        accordingly, they shall be considered as part of the rules of 
        each House, respectively, or of the House to which they 
        specifically apply, and such rules shall supersede other rules 
        only to the extent that they are inconsistent therewith; and
            (2) with full recognition of the constitutional right of 
        either House to change such rules (insofar as they relate to 
        that House) at any time and in the same manner and to the same 
        extent as in the case of any other rule of that House.

SEC. 10. GIFTS.

    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.

SEC. 11. LEGAL EXPENSE FUND.

    No provision of this Act shall be interpreted to limit a 
contribution or other payment to a legal expense fund established for 
the benefit of a Member, officer, or employee by any person other than 
a lobbyist or a foreign agent.

SEC. 12. MEALS AND ENTERTAINMENT.

    The rules on acceptance of meals and entertainment provided to a 
Member or an employee of a Member in the Member's home State prior to 
the adoption of reasonable limitations by the appropriate committees 
shall be the rules in effect on the day before the effective date of 
this Act.

SEC. 13. SENSE OF THE SENATE.

    It is the sense of the Senate that the conferees to the upcoming 
Senate-House conference on omnibus crime legislation should totally 
reject the so-called Racial Justice Act provisions contained in the 
crime bill passed by the House of Representatives on April 21, 1994.

SEC. 14. EFFECTIVE DATES.

    This Act and the amendments made by this Act shall become effective 
on January 1, 1995.

            Passed the Senate May 11 (legislative day, May 2), 1994.

            Attest:






                                                             Secretary.

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