[Congressional Record Volume 141, Number 88 (Thursday, May 25, 1995)]
[Senate]
[Page S7530]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


          SENATE RESOLUTION 126--TO AMEND THE SENATE GIFT RULE

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

                              S. Res. 126

     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.

                          ____________________