III

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.

1 Resolved,

2 SECTION 1. SHORT TITLE.

3 This resolution may be cited as the ‘‘Senate Gift Rule

4 Reform Resolution’’.

5 SEC. 2. AMENDMENT TO THE SENATE GIFT RULE.

6 Rule XXXV of the Standing Rules of the Senate is

7 amended to read as follows:

8 ‘‘RULE XXXV

9 ‘‘GIFTS

10 ‘‘1. (a) No Member, officer, or employee of the Sen11 ate, or the spouse or dependent thereof, shall knowingly

12 accept, directly or indirectly, any gift in any calendar year
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1 of more than the minimal value as established by section

2 7342(a)(5) of title 5, United States Code, or $100, which3 ever is less from any person, organization, or corporation

4 unless, in limited and appropriate circumstances, a waiver

5 is granted by the Select Committee on Ethics.

6 ‘‘(b) The prohibitions of subparagraph (a) do not

7 apply to gifts—

8 ‘‘(1) from relatives; or

9 ‘‘(2) of personal hospitality of an individual.

10 ‘‘2. For purposes of this rule—

11 ‘‘(a) The term ‘gift’ means a payment, sub12 scription, advance, forbearance, rendering, or deposit

13 of money, services, or anything of value, including

14 food, lodging, mementos, transportation, or enter15 tainment, and reimbursement for expenses, unless

16 consideration of equal or greater value is received,

17 but does not include (1) a political contribution oth18 erwise reported as required by law, (2) a loan made

19 in a commercially reasonable manner (including re20 quirements that the loan be repaid and that a rea21 sonable rate of interest be paid), (3) a bequest, in22 heritance, or other transfer at death, (4) a bona fide

23 award presented in recognition of public service and

24 available to the general public, (5) anything of value

25 given to a spouse or dependent of a reporting indi-
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1 vidual by the employer of such spouse or dependent

2 in recognition of the service provided by such spouse

3 or dependent, (6) free attendance at a widely at4 tended event (as such term is defined by the Select

5 Committee on Ethics) connected with the official du6 ties of the Member, officer, or employee, (7) permis7 sible travel, lodging, and meals at an event con8 nected with the official duties of the Member, offi9 cer, or employee, or (8) permissible travel, lodging,

10 and meals at an event to raise funds for a bona fide

11 charity, subject to a determination by the Select

12 Committee on Ethics that participation in the char13 ity event is in the interest of the Senate and the

14 United States.

15 ‘‘(b) The term ‘relative’ has the same meaning

16 given to such term in section 107(2) of title I of the

17 Ethics in Government Act of 1978 (Public Law 95–

18 521).

19 ‘‘(c) The term ‘permissible travel’ means rea20 sonable expenses for transportation which are in21 curred by a Member, officer, or employee of the Sen22 ate in connection with services provided to or partici23 pation in an event sponsored by the organization

24 which provided reimbursement for such expenses or

25 which provides transportation directly, however ex-
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1 penses do not include the provision of transpor2 tation, or the payment for such expenses, for a con3 tinuous period in excess of 3 days exclusive of travel

4 time within the United States of 7 days exclusive of

5 travel time outside of the United States unless such

6 travel is approved by the Select Committee on Eth7 ics as necessary for participation in the event.

8 ‘‘(d) The terms ‘lodging’ and ‘meals’ do not in9 clude expenditures for recreational activities or en10 tertainment, other than that provided to all

11 attendees as an integral part of the event.

12 ‘‘3. (a) For purposes of the exceptions provided by

13 paragraphs 2(a)(6), 2(a)(7), and 2(a)(8), a sponsor’s un14 solicited offer of free attendance at an event for an accom15 panying spouse shall not be considered to be a gift if oth16 ers in attendance will generally be accompanied by spouses

17 or if such attendance is appropriate to assist in the rep18 resentation of the Senate.

19 ‘‘(b) The Select Committee on Ethics shall publish

20 notice in the Congressional Record of the attendance by

21 a Member, officer, or employee at an event permitted by

22 paragraphs 2(a)(7) and 2(a)(8) not later than 30 days

23 after such attendance. Attendance by an employee at an

24 event permitted by paragraphs 2(a)(7) and 2(a)(8) shall

25 be subject to approval of the employee’s supervisor.
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1 ‘‘4. If a Member, officer, or employee, after exercising

2 reasonable diligence to obtain the information necessary

3 to comply with this rule, unknowingly accepts a gift de4 scribed in paragraph 1, such Member, officer, or employee

5 shall, upon learning of the nature of the gift and its

6 source, return the gift or, if it is not possible to return

7 the gift, reimburse the donor for the value of the gift.

8 ‘‘5. (a) Notwithstanding the provisions of this rule,

9 a Member, officer, or employee of the Senate may partici10 pate in a program, the principal objective of which is edu11 cational, sponsored by a foreign government or a foreign

12 educational or charitable organization involving travel to

13 a foreign country paid for by that foreign government or

14 organization if such participation is not in violation of any

15 law and if the Select Committee on Ethics has determined

16 that participation in such program by Members, officers,

17 or employees of the Senate is in the interests of the Senate

18 and the United States.

19 ‘‘(b) Any Member who accepts an invitation to par20 ticipate in any such program shall notify the Select Com21 mittee in writing of his acceptance. A Member shall also

22 notify the Select Committee in writing whenever he has

23 permitted any officer or employee whom he supervises

24 (within the meaning of paragraph 11 of rule XXXVII) to

25 participate in any such program. The chairman of the Se-
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1 lect Committee shall place in the Congressional Record a

2 list of all individuals participating; the supervisors of such

3 individuals, where applicable; and the nature and itinerary

4 of such program.

5 ‘‘(c) No Member, officer, or employee may accept

6 funds in connection with participation in a program per7 mitted under subparagraph (a) if such funds are not used

8 for necessary food, lodging, transportation, and related ex9 penses of the Member, officer, or employee.’’.

10 SEC. 3. EFFECTIVE DATE.

11 The amendment made by section 2 shall take effect

12 on October 1, 1995.

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