[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 126 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
S. RES. 126

                     To amend the Senate gift rule.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                 May 25 (legislative day, May 15), 1995

Mr. McConnell submitted the following resolution; which was referred to 
               the Committee on Rules and Administration

_______________________________________________________________________

                               RESOLUTION


 
                     To amend the Senate gift rule.
    Resolved,

SECTION 1. SHORT TITLE.

    This resolution may be cited as the ``Senate Gift Rule Reform 
Resolution''.

SEC. 2. AMENDMENT TO THE SENATE GIFT RULE.

    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 or dependent thereof, shall knowingly accept, directly or 
indirectly, any gift in any calendar year of more than the minimal 
value as established by section 7342(a)(5) of title 5, United States 
Code, or $100, whichever is less from any person, organization, or 
corporation unless, in limited and appropriate circumstances, a waiver 
is granted by the Select Committee on Ethics.
    ``(b) The prohibitions of subparagraph (a) do not apply to gifts--
            ``(1) from relatives; or
            ``(2) of personal hospitality of an individual.
    ``2. For purposes of this rule--
            ``(a) The term `gift' means a payment, subscription, 
        advance, forbearance, rendering, or deposit of money, services, 
        or anything of value, including food, lodging, mementos, 
        transportation, or entertainment, and reimbursement for 
        expenses, unless consideration of equal or greater value is 
        received, but does not include (1) a political contribution 
        otherwise reported as required by law, (2) a loan made in a 
        commercially reasonable manner (including requirements that the 
        loan be repaid and that a reasonable rate of interest be paid), 
        (3) a bequest, inheritance, or other transfer at death, (4) a 
        bona fide award presented in recognition of public service and 
        available to the general public, (5) anything of value given to 
        a spouse or dependent of a reporting individual by the employer 
        of such spouse or dependent in recognition of the service 
        provided by such spouse or dependent, (6) free attendance at a 
        widely attended event (as such term is defined by the Select 
        Committee on Ethics) connected with the official duties of the 
        Member, officer, or employee, (7) permissible travel, lodging, 
        and meals at an event connected with the official duties of the 
        Member, officer, or employee, or (8) permissible travel, 
        lodging, and meals at an event to raise funds for a bona fide 
        charity, subject to a determination by the Select Committee on 
        Ethics that participation in the charity event is in the 
        interest of the Senate and the United States.
            ``(b) The term `relative' has the same meaning given to 
        such term in section 107(2) of title I of the Ethics in 
        Government Act of 1978 (Public Law 95-521).
            ``(c) The term `permissible travel' means reasonable 
        expenses for transportation which are incurred by a Member, 
        officer, or employee of the Senate in connection with services 
        provided to or participation in an event sponsored by the 
        organization which provided reimbursement for such expenses or 
        which provides transportation directly, however expenses do not 
        include the provision of transportation, or the payment for 
        such expenses, for a continuous period in excess of 3 days 
        exclusive of travel time within the United States of 7 days 
        exclusive of travel time outside of the United States unless 
        such travel is approved by the Select Committee on Ethics as 
        necessary for participation in the event.
            ``(d) The terms `lodging' and `meals' do not include 
        expenditures for recreational activities or entertainment, 
        other than that provided to all attendees as an integral part 
        of the event.
    ``3. (a) For purposes of the exceptions provided by paragraphs 
2(a)(6), 2(a)(7), and 2(a)(8), a sponsor's unsolicited offer of free 
attendance at an event for an accompanying spouse shall not be 
considered to be a gift if others in attendance will generally be 
accompanied by spouses or if such attendance is appropriate to assist 
in the representation of the Senate.
    ``(b) The Select Committee on Ethics shall publish notice in the 
Congressional Record of the attendance by a Member, officer, or 
employee at an event permitted by paragraphs 2(a)(7) and 2(a)(8) not 
later than 30 days after such attendance. Attendance by an employee at 
an event permitted by paragraphs 2(a)(7) and 2(a)(8) shall be subject 
to approval of the employee's supervisor.
    ``4. If a Member, officer, or employee, after exercising reasonable 
diligence to obtain the information necessary to comply with this rule, 
unknowingly accepts a gift described in paragraph 1, such Member, 
officer, or employee shall, upon learning of the nature of the gift and 
its source, return the gift or, if it is not possible to return the 
gift, reimburse the donor for the value of the gift.
    ``5. (a) Notwithstanding the provisions 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 Select Committee on Ethics has determined that 
participation in such program by Members, officers, or employees of the 
Senate 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 Select Committee in writing of his 
acceptance. A Member shall also notify the Select Committee 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 chairman of the Select Committee 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.
    ``(c) 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.''.

SEC. 3. EFFECTIVE DATE.

    The amendment made by section 2 shall take effect on October 1, 
1995.
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