III

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.

1 GIFT RULES

2 AMENDMENTS TO SENATE RULES

3 Resolved, That rule XXXV of the Standing Rules of

4 the Senate is amended to read as follows:

5 ‘‘1. No Member, officer, or employee of the Senate

6 shall accept a gift, knowing that such gift is provided by

7 a lobbyist, a registered lobbyist under the Federal Regula-
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1 tion of Lobbying Act, a lobbying firm, or an agent of a

2 foreign principal.

3 ‘‘(a) GIFTS.—A prohibited gift includes the fol4 lowing:

5 ‘‘(1) Anything provided by a lobbyist or a

6 foreign agent which is paid for, charged to, or

7 reimbursed by a client or firm of such lobbyist

8 or a foreign agent.

9 ‘‘(2) Anything provided by a lobbyist, a

10 lobbying firm, or a foreign agent to an entity

11 that is maintained or controlled by a Member,

12 officer, or employee of the Senate.

13 ‘‘(3) A charitable contribution (as defined

14 in section 170(c) of the Internal Revenue Code

15 of 1986) made by a lobbyist, a lobbying firm,

16 or a foreign agent on the basis of a designation,

17 recommendation, or other specification of a

18 Member, officer, or employee of the Senate (not

19 including a mass mailing or other solicitation

20 directed to a broad category of persons or enti21 ties).

22 ‘‘(4) A contribution or other payment by a

23 lobbyist, a lobbying firm, or a foreign agent to

24 a legal expense fund established for the benefit

25 of a Member, officer, or employee of the Senate.
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1 ‘‘(5) A charitable contribution (as defined

2 in section 170(c) of the Internal Revenue Code

3 of 1986) made by a lobbyist, a lobbying firm,

4 or a foreign agent in lieu of an honorarium to

5 a Member, officer, or employee of the Senate.

6 ‘‘(6) A financial contribution or expendi7 ture made by a lobbyist, a lobbying firm, or a

8 foreign agent relating to a conference, retreat,

9 or similar event, sponsored by or affiliated with

10 an official congressional organization, for or on

11 behalf of a Member, officer, or employee of the

12 Senate.

13 ‘‘(b) NOT GIFTS.—The following are not gifts

14 subject to the prohibition:

15 ‘‘(1) Anything for which the recipient pays

16 the market value, or does not use and promptly

17 returns to the donor.

18 ‘‘(2) A contribution, as defined in the Fed19 eral Election Campaign Act of 1971 (2 U.S.C.

20 431 et seq.) that is lawfully made under that

21 Act, or attendance at a fundraising event spon22 sored by a political organization described in

23 section 527(e) of the Internal Revenue Code of

24 1986.
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1 ‘‘(3) Food or refreshments of nominal

2 value offered other than as part of a meal.

3 ‘‘(4) Benefits resulting from the business,

4 employment, or other outside activities of the

5 spouse of a Member, officer, or employee of the

6 Senate, if such benefits are customarily pro7 vided to others in similar circumstances.

8 ‘‘(5) Pension and other benefits resulting

9 from continued participation in an employee

10 welfare and benefits plan maintained by a

11 former employer.

12 ‘‘(6) Informational materials that are sent

13 to the office of a Member, officer, or employee

14 of the Senate in the form of books, articles,

15 periodicals, other written materials, audio tapes,

16 videotapes, or other forms of communication.

17 ‘‘(c) GIFTS GIVEN FOR A NONBUSINESS PUR18 POSE AND MOTIVATED BY FAMILY RELATIONSHIP OR

19 CLOSE PERSONAL FRIENDSHIP.—

20 ‘‘(1) IN GENERAL.—A gift given by an in21 dividual under circumstances which make it

22 clear that the gift is given for a nonbusiness

23 purpose and is motivated by a family relation24 ship or close personal friendship and not by the

25 position of the Member, officer, or employee of
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1 the Senate shall not be subject to the prohibi2 tion in subsection (a).

3 ‘‘(2) NONBUSINESS PURPOSE.—A gift shall

4 not be considered to be given for a nonbusiness

5 purpose if the individual giving the gift seeks—

6 ‘‘(A) to deduct the value of such gift

7 as a business expense on the individual’s

8 Federal income tax return, or

9 ‘‘(B) direct or indirect reimbursement

10 or any other compensation for the value of

11 the gift from a client or employer of such

12 lobbyist or foreign agent.

13 ‘‘(3) FAMILY RELATIONSHIP OR CLOSE

14 PERSONAL FRIENDSHIP.—In determining if the

15 giving of a gift is motivated by a family rela16 tionship or close personal friendship, at least

17 the following factors shall be considered:

18 ‘‘(A) The history of the relationship

19 between the individual giving the gift and

20 the recipient of the gift, including whether

21 or not gifts have previously been exchanged

22 by such individuals.

23 ‘‘(B) Whether the gift was purchased

24 by the individual who gave the item.
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1 ‘‘(C) Whether the individual who gave

2 the gift also at the same time gave the

3 same or similar gifts to any other Member,

4 officer, or employee of the Senate.

5 ‘‘2. (a) In addition to the restriction on receiving gifts

6 from lobbyists registered lobbyists under the Federal Reg7 ulation of Lobbying Act, lobbying firms, and agents of for8 eign principals provided by paragraph 1 and except as pro9 vided in this Rule, no Member, officer, or employee of the

10 Senate shall knowingly accept a gift from any other per11 son.

12 ‘‘(b)(1) For the purpose of this Rule, the term ‘gift’

13 means any gratuity, favor, discount, entertainment, hospi14 tality, loan, forbearance, or other item having monetary

15 value. The term includes gifts of services, training, trans16 portation, lodging, and meals, whether provided in kind,

17 by purchase of a ticket, payment in advance, or reimburse18 ment after the expense has been incurred.

19 ‘‘(2) A gift to the spouse or dependent of a Member,

20 officer, or employee (or a gift to any other individual based

21 on that individual’s relationship with the Member, officer,

22 or employee) shall be considered a gift to the Member,

23 officer, or employee if it is given with the knowledge and

24 acquiescence of the Member, officer, or employee and the

25 Member, officer, or employee has reason to believe the gift
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1 was given because of the official position of the Member,

2 officer, or employee.

3 ‘‘(c) The restrictions in subparagraph (a) shall not

4 apply to the following:

5 ‘‘(1) Anything for which the Member, officer, or

6 employee pays the market value, or does not use and

7 promptly returns to the donor.

8 ‘‘(2) A contribution, as defined in the Federal

9 Election Campaign Act of 1971 (2 U.S.C. 431 et

10 seq.) that is lawfully made under that Act, or at11 tendance at a fundraising event sponsored by a po12 litical organization described in section 527(e) of the

13 Internal Revenue Code of 1986.

14 ‘‘(3) Anything provided by an individual on the

15 basis of a personal or family relationship unless the

16 Member, officer, or employee has reason to believe

17 that, under the circumstances, the gift was provided

18 because of the official position of the Member, offi19 cer, or employee and not because of the personal or

20 family relationship. The Select Committee on Ethics

21 shall provide guidance on the applicability of this

22 clause and examples of circumstances under which a

23 gift may be accepted under this exception.

24 ‘‘(4) A contribution or other payment to a legal

25 expense fund established for the benefit of a Mem-
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1 ber, officer, or employee, that is otherwise lawfully

2 made, if the person making the contribution or pay3 ment is identified for the Select Committee on Eth4 ics.

5 ‘‘(5) Any food or refreshments which the recipi6 ent reasonably believes to have a value of less than

7 $20.

8 ‘‘(6) Any gift from another Member, officer, or

9 employee of the Senate or the House of Representa10 tives.

11 ‘‘(7) Food, refreshments, lodging, and other

12 benefits—

13 ‘‘(A) resulting from the outside business or

14 employment activities (or other outside activi15 ties that are not connected to the duties of the

16 Member, officer, or employee as an officeholder)

17 of the Member, officer, or employee, or the

18 spouse of the Member, officer, or employee, if

19 such benefits have not been offered or enhanced

20 because of the official position of the Member,

21 officer, or employee and are customarily pro22 vided to others in similar circumstances;

23 ‘‘(B) customarily provided by a prospective

24 employer in connection with bona fide employ25 ment discussions; or
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1 ‘‘(C) provided by a political organization

2 described in section 527(e) of the Internal Rev3 enue Code of 1986 in connection with a fund4 raising or campaign event sponsored by such an

5 organization.

6 ‘‘(8) Pension and other benefits resulting from

7 continued participation in an employee welfare and

8 benefits plan maintained by a former employer.

9 ‘‘(9) Informational materials that are sent to

10 the office of the Member, officer, or employee in the

11 form of books, articles, periodicals, other written

12 materials, audio tapes, videotapes, or other forms of

13 communication.

14 ‘‘(10) Awards or prizes which are given to com15 petitors in contests or events open to the public, in16 cluding random drawings.

17 ‘‘(11) Honorary degrees (and associated travel,

18 food, refreshments, and entertainment) and other

19 bona fide, nonmonetary awards presented in recogni20 tion of public service (and associated food, refresh21 ments, and entertainment provided in the presen22 tation of such degrees and awards).

23 ‘‘(12) Donations of products from the State

24 that the Member represents that are intended pri25 marily for promotional purposes, such as display or
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1 free distribution, and are of minimal value to any in2 dividual recipient.

3 ‘‘(13) Food, refreshments, and entertainment

4 provided to a Member or an employee of a Member

5 in the Member’s home State, subject to reasonable

6 limitations, to be established by the Committee on

7 Rules and Administration.

8 ‘‘(14) An item of little intrinsic value such as

9 a greeting card, baseball cap, or a T shirt.

10 ‘‘(15) Training (including food and refresh11 ments furnished to all attendees as an integral part

12 of the training) provided to a Member, officer, or

13 employee, if such training is in the interest of the

14 Senate.

15 ‘‘(16) Bequests, inheritances, and other trans16 fers at death.

17 ‘‘(17) Any item, the receipt of which is author18 ized by the Foreign Gifts and Decorations Act, the

19 Mutual Educational and Cultural Exchange Act, or

20 any other statute.

21 ‘‘(18) Anything which is paid for by the Federal

22 Government, by a State or local government, or se23 cured by the Government under a Government con24 tract.
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1 ‘‘(19) A gift of personal hospitality of an indi2 vidual, as defined in section 109(14) of the Ethics

3 in Government Act.

4 ‘‘(20) Free attendance at a widely attended

5 event permitted pursuant to subparagraph (d).

6 ‘‘(21) Opportunities and benefits which are—

7 ‘‘(A) available to the public or to a class

8 consisting of all Federal employees, whether or

9 not restricted on the basis of geographic consid10 eration;

11 ‘‘(B) offered to members of a group or

12 class in which membership is unrelated to con13 gressional employment;

14 ‘‘(C) offered to members of an organiza15 tion, such as an employees’ association or con16 gressional credit union, in which membership is

17 related to congressional employment and similar

18 opportunities are available to large segments of

19 the public through organizations of similar size;

20 ‘‘(D) offered to any group or class that is

21 not defined in a manner that specifically dis22 criminates among Government employees on the

23 basis of branch of Government or type of re24 sponsibility, or on a basis that favors those of

25 higher rank or rate of pay;
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1 ‘‘(E) in the form of loans from banks and

2 other financial institutions on terms generally

3 available to the public; or

4 ‘‘(F) in the form of reduced membership or

5 other fees for participation in organization ac6 tivities offered to all Government employees by

7 professional organizations if the only restric8 tions on membership relate to professional

9 qualifications.

10 ‘‘(22) A plaque, trophy, or other memento of

11 modest value.

12 ‘‘(23) Anything for which, in an unusual case,

13 a waiver is granted by the Select Committee on Eth14 ics.

15 ‘‘(d)(1) Except as prohibited by paragraph 1, a Mem16 ber, officer, or employee may accept an offer of free at17 tendance at a widely attended convention, conference,

18 symposium, forum, panel discussion, dinner, viewing, re19 ception, or similar event, provided by the sponsor of the

20 event, if—

21 ‘‘(A) the Member, officer, or employee partici22 pates in the event as a speaker or a panel partici23 pant, by presenting information related to Congress

24 or matters before Congress, or by performing a cere-
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1 monial function appropriate to the Member’s, offi2 cer’s, or employee’s official position; or

3 ‘‘(B) attendance at the event is appropriate to

4 the performance of the official duties or representa5 tive function of the Member, officer, or employee.

6 ‘‘(2) A Member, officer, or employee who attends an

7 event described in clause (1) may accept a sponsor’s unso8 licited offer of free attendance at the event for an accom9 panying individual if others in attendance will generally

10 be similarly accompanied or if such attendance is appro11 priate to assist in the representation of the Senate.

12 ‘‘(3) Except as prohibited by paragraph 1, a Member,

13 officer, or employee, or the spouse or dependent thereof,

14 may accept a sponsor’s unsolicited offer of free attendance

15 at a charity event, except that reimbursement for trans16 portation and lodging may not be accepted in connection

17 with the event.

18 ‘‘(4) For purposes of this paragraph, the term ‘free

19 attendance’ may include waiver of all or part of a con20 ference or other fee, the provision of local transportation,

21 or the provision of food, refreshments, entertainment, and

22 instructional materials furnished to all attendees as an in23 tegral part of the event. The term does not include enter24 tainment collateral to the event, or food or refreshments
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1 taken other than in a group setting with all or substan2 tially all other attendees.

3 ‘‘(e) No Member, officer, or employee may accept a

4 gift the value of which exceeds $250 under circumstances

5 which make it clear that the gift is given for a nonbusiness

6 purpose and is motivated by a close personal friendship

7 and not by the position of the Member, officer, or em8 ployee of the Senate unless the Select Committee on Eth9 ics issues a written determination that one of such excep10 tions applies.

11 ‘‘(f)(1) The Committee on Rules and Administration

12 is authorized to adjust the dollar amount referred to in

13 subparagraph (c)(5) on a periodic basis, to the extent nec14 essary to adjust for inflation.

15 ‘‘(2) The Select Committee on Ethics shall provide

16 guidance setting forth reasonable steps that may be taken

17 by Members, officers, and employees, with a minimum of

18 paperwork and time, to prevent the acceptance of prohib19 ited gifts from lobbyists.

20 ‘‘(3) When it is not practicable to return a tangible

21 item because it is perishable, the item may, at the discre22 tion of the recipient, be given to an appropriate charity

23 or destroyed.

24 ‘‘3. (a)(1) Except as prohibited by paragraph 1, a re25 imbursement (including payment in kind) to a Member,
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1 officer, or employee for necessary transportation, lodging

2 and related expenses for travel to a meeting, speaking en3 gagement, factfinding trip or similar event in connection

4 with the duties of the Member, officer, or employee as an

5 officeholder shall be deemed to be a reimbursement to the

6 Senate and not a gift prohibited by this rule, if the Mem7 ber, officer, or employee—

8 ‘‘(A) in the case of an employee, receives ad9 vance authorization from the Member or officer

10 under whose direct supervision the employee works,

11 to accept reimbursement, and

12 ‘‘(B) discloses the expenses reimbursed or to be

13 reimbursed and the authorization to the Secretary of

14 the Senate within 30 days after the travel is com15 pleted.

16 ‘‘(2) For purposes of clause (1), events, the activities

17 of which are substantially recreational in nature, shall not

18 be considered to be in connection with the duties of a

19 Member, officer, or employee as an officeholder.

20 ‘‘(b) Each advance authorization to accept reimburse21 ment shall be signed by the Member or officer under whose

22 direct supervision the employee works and shall include—

23 ‘‘(1) the name of the employee;

24 ‘‘(2) the name of the person who will make the

25 reimbursement;
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1 ‘‘(3) the time, place, and purpose of the travel;

2 and

3 ‘‘(4) a determination that the travel is in con4 nection with the duties of the employee as an office5 holder and would not create the appearance that the

6 employee is using public office for private gain.

7 ‘‘(c) Each disclosure made under subparagraph

8 (a)(1) of expenses reimbursed or to be reimbursed shall

9 be signed by the Member or officer (in the case of travel

10 by that Member or officer) or by the Member or officer

11 under whose direct supervision the employee works (in the

12 case of travel by an employee) and shall include—

13 ‘‘(1) a good faith estimate of total transpor14 tation expenses reimbursed or to be reimbursed;

15 ‘‘(2) a good faith estimate of total lodging ex16 penses reimbursed or to be reimbursed;

17 ‘‘(3) a good faith estimate of total meal ex18 penses reimbursed or to be reimbursed;

19 ‘‘(4) a good faith estimate of the total of other

20 expenses reimbursed or to be reimbursed;

21 ‘‘(5) a determination that all such expenses are

22 necessary transportation, lodging, and related ex23 penses as defined in this paragraph; and

24 ‘‘(6) in the case of a reimbursement to a Mem25 ber or officer, a determination that the travel was in
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1 connection with the duties of the Member or officer

2 as an officeholder and would not create the appear3 ance that the Member or officer is using public of4 fice for private gain.

5 ‘‘(d) For purposes of this paragraph, the term ‘nec6 essary transportation, lodging, and related expenses’—

7 ‘‘(1) includes reasonable expenses that are nec8 essary for travel for a period not exceeding 3 days

9 exclusive of traveltime within the United States or 7

10 days exclusive of traveltime outside of the United

11 States unless approved in advance by the Select

12 Committee on Ethics;

13 ‘‘(2) is limited to reasonable expenditures for

14 transportation, lodging, conference fees and mate15 rials, and food and refreshments, including reim16 bursement for necessary transportation, whether or

17 not such transportation occurs within the periods de18 scribed in clause (1);

19 ‘‘(3) does not include expenditures for rec20 reational activities, or entertainment other than that

21 provided to all attendees as an integral part of the

22 event; and

23 ‘‘(4) may include travel expenses incurred on

24 behalf of either the spouse or a child of the Member,

25 officer, or employee, subject to a determination
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1 signed by the Member or officer (or in the case of

2 an employee, the Member or officer under whose di3 rect supervision the employee works) that the at4 tendance of the spouse or child is appropriate to as5 sist in the representation of the Senate.

6 ‘‘(e) The Secretary of the Senate shall make available

7 to the public all advance authorizations and disclosures

8 of reimbursement filed pursuant to subparagraph (a) as

9 soon as possible after they are received.

10 ‘‘3. DEFINITIONS.—

11 ‘‘(a) Lobbyist means any individual who is em12 ployed or retained by a client for financial or other

13 compensation for services that include one or more

14 lobbying contacts, other than an individual whose

15 lobbying activities constitute less than 10 percent of

16 the time engaged in the service provided by such in17 dividual to that client.

18 ‘‘(b) Lobbying firm means a person or entity

19 that has 1 or more employees who are lobbyists on

20 behalf of a client other than that person or entity in21 cluding a self-employed individual who is a lobbyist.

22 ‘‘(c) Agent of a foreign principal means the def23 inition contained in the Foreign Agents Registration

24 Act of 1938 (22 U.S.C. 611 et seq.).

25 ‘‘4. MISCELLANEOUS.—
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1 ‘‘(a) SENATE PROVISIONS.—

2 ‘‘(1) AUTHORITY OF THE COMMITTEE ON

3 RULES AND ADMINISTRATION.—The Senate

4 Committee on Rules and Administration, on be5 half of the Senate, may accept gifts provided

6 they do not involve any duty, burden, or condi7 tion, or are not made dependent upon some fu8 ture performance by the United States. The

9 Committee on Rules and Administration is au10 thorized to promulgate regulations to carry out

11 this section.

12 ‘‘(2) FOOD, REFRESHMENTS, AND ENTER13 TAINMENT.—The rules on acceptance of food,

14 refreshments, and entertainment provided to a

15 Member of the Senate or an employee of such

16 a Member in the Member’s home State before

17 the adoption of reasonable limitations by the

18 Committee on Rules and Administration shall

19 be the rules in effect on the day before the ef20 fective date of this title.

21 ‘‘5. EFFECTIVE DATE.—This rule change shall take

22 effect May 31, 1995.’’.

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