[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 117 Introduced in Senate (IS)]
104th CONGRESS
1st Session
S. 117
To amend rule XXXV of the Standing Rules of the Senate.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 4, 1995
Mr. Wellstone (for himself and Mr. Feingold) introduced the following
bill; which was read twice and referred to the Committee on Rules and
Administration
_______________________________________________________________________
A BILL
To amend rule XXXV of the Standing Rules of the Senate.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SENATE GIFT RULE.
The text of 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 lobbying
firm, or an agent of a foreign principal registered under the Foreign
Agents Registration Act of 1938 (22 U.S.C. 611 et seq.) in violation of
this rule.
``2. (a) In addition to the restriction on receiving gifts from
registered lobbyists, 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 apply to 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 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 members, officers, or employees of the Senate.
``(d) 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) An item of little intrinsic value such as a greeting
card, baseball cap, or a T shirt.
``(14) 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.
``(15) Bequests, inheritances, and other transfers at
death.
``(16) 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.
``(17) Anything which is paid for by the Federal
Government, by a State or local government, or secured by the
Government under a Government contract.
``(18) A gift of personal hospitality of an individual, as
defined in section 109(14) of the Ethics in Government Act.
``(19) Free attendance at a widely attended event permitted
pursuant to subparagraph (e).
``(20) 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.
``(21) A plaque, trophy, or other memento of modest value.
``(22) Anything for which, in an unusual case, a waiver is
granted by the Select Committee on Ethics.
``(e)(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.
``(f)(1) No member, officer, or employee may accept a gift the
value of which exceeds $250 on the basis of the personal relationship
exception in subparagraph (d)(3) or the close personal friendship
exception in clause (2) unless the Select Committee on Ethics issues a
written determination that one of such exceptions applies.
``(2)(A) 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 clause (1).
``(B) A gift shall not be considered to be given for a nonbusiness
purpose if the individual giving the gift seeks--
``(i) to deduct the value of such gift as a business
expense on the individual's Federal income tax return, or
``(ii) 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.
``(C) 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:
``(i) 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.
``(ii) Whether the gift was purchased by the individual who
gave the item.
``(iii) Whether the individual who gave the gift also at
the same time gave the same or similar gifts to other members,
officers, or employees of the Senate.
``(g)(1) The Committee on Rules and Administration is authorized to
adjust the dollar amount referred to in subparagraph (d)(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 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 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.
``4. In this rule:
``(a) The term `client' means any person or entity that
employs or retains another person for financial or other
compensation to conduct lobbying activities on behalf of that
person or entity. A person or entity whose employees act as
lobbyists on its own behalf is both a client and an employer of
such employees. In the case of a coalition or association that
employs or retains other persons to conduct lobbying
activities, the client is--
``(1) the coalition or association and not its
individual members when the lobbying activities are
conducted on behalf of its membership and financed by
the coalition's or association's dues and assessments;
or
``(2) an individual member or members, when the
lobbying activities are conducted on behalf of, and
financed separately by, 1 or more individual members
and not by the coalition's or association's dues and
assessments.
``(b) The term `lobbying firm'--
``(A) 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; and
``(B) includes a self-employed individual who is a
lobbyist.
``(c) The term `lobbyist' means a person registered under
section 308 of the Federal Regulation of Lobbying Act (2 U.S.C.
267) or required to be registered under any successor statute.
``(d) The term `State' means each of the several States,
the District of Columbia, and any commonwealth, territory, or
possession of the United States.''.
SEC. 2. MISCELLANEOUS PROVISIONS.
(a) Amendments to the Ethics in Government Act.--Section
102(a)(2)(B) of the Ethics in Government Act (5 U.S.C. 102, App. 6) is
amended by adding at the end thereof the following: ``Reimbursements
deemed accepted by the Senate pursuant to Rule XXXV of the Standing
Rules of the Senate shall be reported as required by such rule and need
not be reported under this section.''.
(b) Repeal of Obsolete Provision.--Section 901 of the Ethics Reform
Act of 1989 (2 U.S.C. 31-2) is repealed.
(c) General Senate Provisions.--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. 3. EXERCISE OF SENATE RULEMAKING POWERS.
Sections 1 and 2(c) are enacted by the Senate--
(1) as an exercise of the rulemaking power of the Senate
and pursuant to section 7353(b)(1) of title 5, United States
Code, and accordingly, they shall be considered as part of the
rules of the Senate, 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
the Senate to change such rules at any time and in the same
manner and to the same extent as in the case of any other rule
of the Senate.
SEC. 4. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect on
May 31, 1995.
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