[Congressional Record Volume 140, Number 144 (Thursday, October 6, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: October 6, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
          SENATE RESOLUTION 275--TO AMEND THE SENATE GIFT RULE

  Mr. WELLSTONE (for himself, Mr. Feingold, and Mr. Lautenberg) 
submitted the following resolution; which was referred to the Committee 
on Rules and Administration:

                               S.Res. 275

       Resolved, That rule XXXV of the Standing Rules of the 
     Senate is amended by inserting the following:

     SEC. ____. AMENDMENTS TO SENATE RULES.

       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) 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 (e).
       ``(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.
       ``(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)(1) The term ``lobbying contact'' means any oral or 
     written communication (including an electronic communication) 
     to a member, officer, or employee of the Senate that is made 
     on behalf of a client with regard to the formulation, 
     modification, or adoption of Federal legislation (including 
     legislative proposals) or the nomination or confirmation of a 
     person for a position subject to confirmation by the Senate.
       ``(2) The term ``lobbying contact'' does not include a 
     communication that is--
       ``(A) made by a public official acting in the public 
     official's official capacity;
       ``(B) made by a representative of a media organization if 
     the purpose of the communication is gathering and 
     disseminating news and information to the public;
       ``(C) made in a speech, article, publication or other 
     material that is widely distributed to the public, or through 
     radio, television, cable television, or other medium of mass 
     communication;
       ``(D) made on behalf of a government of a foreign country 
     or a foreign political party and disclosed under the Foreign 
     Agents Registration Act of 1938 (22 U.S.C. 611 et seq.);
       ``(E) a request for a meeting, a request for the status of 
     an action, or any other similar administrative request, if 
     the request does not include an attempt to influence a 
     member, officer, or employee of the Senate;
       ``(F) made in the course of participation in an advisory 
     committee subject to the Federal Advisory Committee Act;
       ``(G) testimony given before a committee, subcommittee, or 
     task force of the Congress, or submitted for inclusion in the 
     public record of a hearing conducted by such committee, 
     subcommittee, or task force;
       ``(H) information provided in writing in response to a 
     written request by a member, officer, or employee of the 
     Senate for specific information;
       ``(I) required by subpoena, civil investigative demand, or 
     otherwise compelled by statute, regulation, or other action 
     of the Congress or an agency;
       ``(J) made on behalf of an individual with regard to that 
     individual's benefits, employment, or other personal matters 
     involving only that individual, except that this subclause 
     does not apply to any communication with a member, officer, 
     or employee of the Senate (other than the individual's 
     elected Senators or employees who work under such Senators' 
     direct supervision) with respect to the formulation, 
     modification, or adoption of private legislation for the 
     relief of that individual;
       ``(K) a disclosure by an individual that is protected under 
     the amendments made by the Whistleblower Protection Act of 
     1989, under the Inspector General Act of 1978, or under 
     another provision of law; or
       ``(L) made by--
       ``(i) a church, its integrated auxiliary, or a convention 
     or association of churches that is exempt from filing a 
     Federal income tax return under paragraph 2(A)(i) of section 
     6033(a) of the Internal Revenue Code of 1986, or
       ``(ii) a religious order that is exempt from filing a 
     Federal income tax return under paragraph (2)(A)(iii) of such 
     section 6033(a),

     if the communication constitutes the free exercise of 
     religion or is for the purpose of protecting the right to the 
     free exercise of religion.
       ``(c)(1) 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; but
       ``(C) does not include a person or entity whose--
       (i) total income for matters related to lobbying activities 
     on behalf of a particular client (in the case of a lobbying 
     firm) does not exceed and is not expected to exceed $2,500; 
     or
       (ii) total expenses in connection with lobbying activities 
     (in the case of an organization whose employees engage in 
     lobbying activities on its own behalf) do not exceed or are 
     not expected to exceed $5,000,

     (as estimated in accordance with standards issued by the 
     Committee on Rules and Administration) in the preceding 
     semiannual period of January through June or July through 
     December.
       ``(2) The dollar amounts in clause (1) shall be adjusted--
       ``(A) on January 1, 1997, to reflect changes in the 
     Consumer Price Index (as determined by the Secretary of 
     Labor) since the date of enactment of this title; and
       ``(B) on January 1 of each fourth year occurring after 
     January 1, 1997, to reflect changes in the Consumer Price 
     Index (as determined by the Secretary of Labor) during the 
     preceding 4-year period,

     rounded to the nearest $500.
       ``(d)(1) The term ``lobbyist''--
       ``(A) 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 services provided by such 
     individual to that client; but
       ``(B) does not include an individual whose--
       (i) total income for matters related to lobbying activities 
     on behalf of a particular client (in the case of a lobbying 
     firm) does not exceed and is not expected to exceed $2,500; 
     or
       (ii) total expenses in connection with lobbying activities 
     (in the case of an organization whose employees engage in 
     lobbying activities on its own behalf) do not exceed or are 
     not expected to exceed $5,000,

     (as estimated in accordance with standards issued by the 
     Committee on Rules and Administration) in the preceding 
     semiannual period of January through June or July through 
     December.
       ``(2) The dollar amounts in clause (1) shall be adjusted--
       ``(A) on January 1, 1997, to reflect changes in the 
     Consumer Price Index (as determined by the Secretary of 
     Labor) since the date of enactment of this title; and
       ``(B) on January 1 of each fourth year occurring after 
     January 1, 1997, to reflect changes in the Consumer Price 
     Index (as determined by the Secretary of Labor) during the 
     preceding 4-year period,

     rounded to the nearest $500.
       ``(e) The term ``public official'' means any elected 
     official, appointed official, or employee of--
       ``(1) a Federal, State, or local unit of government in the 
     United States other than--
       ``(A) a college or university;
       ``(B) a government-sponsored enterprise (as defined in 
     section 3(8) of the Congressional Budget and Impoundment 
     Control Act of 1974);
       ``(C) a public utility that provides gas, electricity, 
     water, or communications;
       ``(D) a guaranty agency (as defined in section 435(j) of 
     the Higher Education Act of 1965 (20 U.S.C. 1085(j))), 
     including any affiliate of such an agency; or
       ``(E) an agency of any State functioning as a student loan 
     secondary market pursuant to section 435(d)(1)(F) of the 
     Higher Education Act of 1965 (20 U.S.C. 1085(d)(1)(F));
       ``(2) a Government corporation (as defined in section 9101 
     of title 31, United States Code);
       ``(3) an organization of State or local elected or 
     appointed officials other than officials of an entity 
     described in aubclause (A), (B), (C), (D), or (E) of clause 
     (1);
       ``(4) an Indian tribe (as defined in section 4(e) of the 
     Indian Self-Determination and Education Assistance Act (25 
     U.S.C. 450b(e));
       ``(5) a national or State political party or any 
     organizational unit thereof; or
       ``(6) a national, regional, or local unit of any foreign 
     government.
       ``(f) The term ``State'' means each of the several States, 
     the District of Columbia, and any commonwealth, territory, or 
     possession of the United States.''.

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