[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.''.
                                 <all>