103D CONGRESS

2D SESSION S. 1935

AN ACT

To limit the acceptance of gifts, meals, and travel

and for other purposes.by Members of Congress and congressional staff,
103D CONGRESS

2D SESSION S. 1935

AN ACT

To limit the acceptance of gifts, meals, and travel by Members of Congress and congressional staff, and for other

purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Congressional Gifts

5 Reform Act’’.
2

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1 SEC. 2. AMENDMENT TO THE SENATE RULES.

2 Rule XXXV of the Standing Rules of the Senate is

3 amended to read as follows:

4 ‘‘RULE XXXV

5 ‘‘GIFTS

6 ‘‘1. (a) No Member, officer, or employee of the Sen7 ate, or the spouse thereof, shall knowingly accept—

8 ‘‘(1) any gift provided directly or indirectly by

9 any person registered as a lobbyist or a foreign

10 agent under the Federal Regulation of Lobbying

11 Act, the Foreign Agent Registration Act, or any suc12 cessor statute;

13 ‘‘(2) Any gift from any other person.

14 ‘‘(b) For the purpose of this rule, the term ‘gift’

15 means any gratuity, favor, discount, entertainment, hospi16 tality, loan, forbearance, or other item having monetary

17 value. The term includes gifts of services, training, trans18 portation, lodging, and meals, whether provided in kind,

19 by purchase of a ticket, payment in advance, or reimburse20 ment after the expense has been incurred.

21 ‘‘(c)(1) The restrictions in subparagraph (a) shall

22 apply to any financial contribution or expenditure relating

23 to a conference, retreat, or similar event for or on behalf

24 of Members, officers, or employees.

25 ‘‘(2) The following items are subject to the restric26 tions in subparagraph (a)(1)—
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1 ‘‘(A) an item provided by a lobbyist or a foreign

2 agent which is paid for, charged to, or reimbursed

3 by a client or firm of such lobbyist or foreign agent;

4 ‘‘(B) an item provided by a lobbyist or a foreign

5 agent to an entity that is maintained or controlled

6 by a Member, officer, or employee;

7 ‘‘(C) a charitable contribution made on the

8 basis of a designation, recommendation, or other

9 specification made to a lobbyist or a foreign agent

10 by a Member, officer, or employee (not including a

11 mass mailing or other solicitation directed to a

12 broad category of the general public);

13 ‘‘(D) a contribution or other payment by a lob14 byist or foreign agent to a legal expense fund estab15 lished for the benefit of a Member, officer, or em16 ployee;

17 ‘‘(E) a charitable contribution (as defined in

18 section 170(c) of the Internal Revenue Code of

19 1986) made by a lobbyist or a foreign agent in lieu

20 of an honorarium; and

21 ‘‘(F) A contribution, as defined in the Federal

22 Campaign Act of 1971 (2 U.S.C. 431 et seq.) that

23 is made by a lobbyist, foreign agent, or Political Ac24 tion Committee to a Member.
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1 ‘‘(d) The following items are not gifts subject to the

2 restrictions in subparagraph (a):

3 ‘‘(1) Any item for which the Member, officer, or

4 employee pays the market value.

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

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

7 seq.) that is lawfully made under that Act except as

8 provided in subparagraph (c)(2)(E).

9 ‘‘(3) Anything provided under circumstances

10 that clearly indicate, in accordance with paragraph

11 2(a), that it is provided for a nonbusiness purpose

12 and is motivated by a family relationship or personal

13 friendship and not by the position of the Member,

14 officer, or employee (subject to prior approval by the

15 Ethics Committee in the case of a gift to a Member,

16 officer, or employee in excess of $250 that is pro17 vided on the basis of personal friendship and disclo18 sure under the Ethics in Government Act of a gift

19 to a spouse of a Member in excess of $250 that is

20 provided on the basis of personal friendship).

21 ‘‘(4) Items which are not used and which are

22 promptly returned to the donor.

23 ‘‘(5) A food or refreshment item of minimal

24 value, such as a soft drink, coffee, or doughnut of25 fered other than as part of a meal.
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1 ‘‘(6) Benefits resulting from the business, em2 ployment, or other outside activities of the spouse of

3 a Member, officer, or employee, if such benefits are

4 customarily provided to others in similar cir5 cumstances.

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

7 continued participation in an employee welfare and

8 benefits plan maintained by a former employer.

9 ‘‘(8) 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 ‘‘(e) The restrictions in clauses (2) and (3) of sub15 paragraph (a) shall not apply to the following:

16 ‘‘(1) Meals, lodging, and other benefits—

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

18 employment activities of the Member, officer, or

19 employee (or other outside activities that are

20 not connected to the duties of the Member, offi21 cer, or employee as an officeholder), if such

22 benefits have not been offered or enhanced be23 cause of the official position of the Member, of24 ficer, or employee and are customarily provided

25 to others in similar circumstances; or
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1 ‘‘(B) customarily provided by a prospective

2 employer in connection with bona fide employ3 ment discussions.

4 ‘‘(2) Awards or prizes which are given to com5 petitors in contests or events open to the public, in6 cluding random drawings.

7 ‘‘(3) Honorary degrees and other bona fide

8 awards presented in recognition of public service and

9 available to the general public (and associated meals

10 and entertainment provided in the presentation of

11 such degrees and awards).

12 ‘‘(4) Donations of products from the State that

13 the Member represents that are intended primarily

14 for promotional purposes, such as display or free

15 distribution, and are of minimal value to any indi16 vidual recipient.

17 ‘‘(5) Meals and entertainment provided to a

18 Member or an employee of a Member in the Mem19 ber’s home State, subject to reasonable limitations,

20 to be established by the Committee on Rules and

21 Administration.

22 ‘‘(6) Food and attendance provided at an event

23 sponsored by a political organization described in

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

25 1986.
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1 ‘‘(7) Training provided to a Member, officer, or

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

3 Senate.

4 ‘‘(8) Bequests, inheritances, and other transfers

5 at death.

6 ‘‘(9) Any item, the receipt of which is author7 ized by the Foreign Gifts and Declarations Act, the

8 Mutual Education and Cultural Exchange Act, or

9 any other statute.

10 ‘‘(10) Anything which is paid for by the Gov11 ernment or secured by the Government under a Gov12 ernment contract.

13 ‘‘(11) A gift of personal hospitality of an indi14 vidual, as defined in section 109(14) of the Ethics

15 in Government Act.

16 ‘‘(12) Free attendance at an event permitted

17 pursuant to paragraph 2(b).

18 ‘‘(13) Opportunities and benefits which are—

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

20 consisting of all Federal employees, whether or

21 not restricted on the basis of geographic consid22 eration;

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

24 class in which membership is unrelated to con25 gressional employment;
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1 ‘‘(C) offered to members of an organiza2 tion, such as an employees’ association or con3 gressional credit union, in which membership is

4 related to congressional employment and similar

5 opportunities are available to large segments of

6 the public through organizations of similar size;

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

8 not defined in a manner that specifically dis9 criminates among Government employees on the

10 basis of branch of Government or type of re11 sponsibility, or on a basis that favors those of

12 higher rank or rate of pay;

13 ‘‘(E) in the form of loans from banks and

14 other financial institutions on terms generally

15 available to the public; or

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

17 other fees for participation in organization ac18 tivities offered to all Government employees by

19 professional organizations if the only restric20 tions on membership relate to professional

21 qualifications.

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

23 modest value.
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1 ‘‘(15) An item for which, in an unusual case, a

2 waiver is granted by the Select Committee on Eth3 ics.

4 ‘‘2. (a)(1) In determining if the giving of an item is

5 motivated by a family relationship or personal friendship,

6 at least the following factors shall be considered:

7 ‘‘(A) The history of the relationship between

8 the individual giving the item and the individual re9 ceiving the item, including whether or not items have

10 previously been exchanged by such individuals.

11 ‘‘(B) Whether the item was purchased by the

12 individual who gave the item.

13 ‘‘(C) Whether the individual who gave the item

14 also at the same time gave the same or similar item

15 to other Members, officers, or employees.

16 ‘‘(2) The giving of an item shall not be considered

17 to be motivated by a family relationship or personal friend18 ship if the individual providing the item—

19 ‘‘(A) seeks to deduct the value of such item as

20 a business expense on the individual’s income tax re21 turn; or

22 ‘‘(B) accepts direct or indirect reimbursement

23 or compensation for the item from a client or a firm

24 of which the individual is a member or employee.
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1 ‘‘(3) For purposes of clause (2), indirect reimburse2 ment or compensation for an item includes an expenditure

3 from an expense account and a fee charged by a lobbyist

4 for the purpose of compensating the lobbyist for the cost

5 of the item.

6 ‘‘(b)(1) Except as prohibited by paragraph 1(a)(1) a

7 Member, officer, or employee may accept an offer of free

8 attendance at a widely attended convention, conference,

9 symposium, forum, panel discussion, dinner, reception, or

10 similar event, provided by the sponsor of the event, if—

11 ‘‘(A) the Member, officer, or employee partici12 pates in the event as a speaker or a panel partici13 pant, by presenting information related to Congress

14 or matters before Congress, or by performing a cere15 monial function appropriate to his or her official po16 sition; or

17 ‘‘(B) attendance of the event is appropriate to

18 the performance of the official duties of the Member,

19 officer, or employee.

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

21 event described in clause (1) of this subparagraph may

22 accept—

23 ‘‘(A) a sponsor’s unsolicited offer of free at24 tendance at the event for an accompanying spouse if

25 others in attendance will generally be accompanied
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1 by spouses or if such attendance is appropriate to

2 assist in the representation of the Senate; and

3 ‘‘(B) transportation and lodging in connection

4 with the event if authorized in accordance with para5 graph 3.

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

7 Member, officer, or employee, or the spouse or dependent

8 thereof, may accept a sponsor’s unsolicited offer of free

9 attendance at a charity event in which the Member, offi10 cer, or employee is a participant. Reimbursement for

11 transportation and lodging may not be accepted in connec12 tion with the event.

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

14 attendance’ may include waiver of all or part of a con15 ference or other fee or the provision of food, refreshment,

16 entertainment, and instructional materials furnished to all

17 attendees as an integral part of the event. The term does

18 not include entertainment collateral to the event, or meals

19 taken other than in a group setting with all or substan20 tially all other attendees.

21 ‘‘(c) For the purpose of this rule—

22 ‘‘(1) The term ‘client’ means any person who

23 employs or retains a lobbyist or a foreign agent to

24 appear or work on such person’s behalf.
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1 ‘‘(2) The term ‘market value’, when applied to

2 a gift means the retail cost a person would incur to

3 purchase the gift. The market value of a gift of a

4 ticket entitling the holder to food, refreshments, or

5 entertainment is the retail cost of similar food, re6 freshments, or entertainment.

7 ‘‘(d) When it is not practicable to return a tangible

8 item because it is perishable, the item may, at the discre9 tion of the recipient, be given to an appropriate charity,

10 shared within the recipient’s office, or destroyed.

11 ‘‘3. (a)(1) Except as prohibited by paragraph 1(a)(1),

12 a reimbursement (including payment in kind) to a Mem13 ber, officer, or employee for necessary transportation,

14 lodging and related expenses for travel to a meeting,

15 speaking engagement, factfinding trip or similar event in

16 connection with the duties of the Member, officer, or em17 ployee as an officeholder shall be deemed to be a reim18 bursement to the Senate and not a gift prohibited by para19 graph 1, if the Member, officer, or employee receives ad20 vance authorization to accept reimbursement and discloses

21 the expenses reimbursed or to be reimbursed and the au22 thorization through the Secretary of the Senate as soon

23 as practicable after the travel is completed.

24 ‘‘(2) Events, the activities of which are substantially

25 recreational in nature, shall not be considered to be in con-
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1 nection with the duties of a Member, officer, or employee

2 as an officeholder.

3 ‘‘(b) Each advance authorization to accept reimburse4 ment shall be signed by the appropriate Member (or, in

5 the case of an employee of a committee, the appropriate

6 committee chairman) and shall include—

7 ‘‘(1) the name of the Member, officer, or em8 ployee;

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

10 reimbursement;

11 ‘‘(3) the time, place, and purpose of the travel;

12 and

13 ‘‘(4) a determination that the travel is in con14 nection with the duties of the Member, officer, or

15 employee as an officeholder and would not create the

16 appearance that the Member, officer, or employee is

17 using public office for private gain.

18 ‘‘(c) Each disclosure of expenses reimbursed or to be

19 reimbursed shall be signed by the appropriate Member (or,

20 in the case of an employee of a committee, the appropriate

21 committee chairman) and shall include—

22 ‘‘(1) total transportation expenses reimbursed

23 or to be reimbursed;

24 ‘‘(2) total lodging expenses reimbursed or to be

25 reimbursed;
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1 ‘‘(3) disclosure of any other expenses reim2 bursed or to be reimbursed (with the exception of

3 any items that may properly be accepted pursuant to

4 paragraphs 1 and 2); and

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

6 necessary transportation, lodging, and related ex7 penses as defined in this paragraph.

8 ‘‘(d) For the purposes of this paragraph, the term

9 ‘necessary transportation, lodging, and related ex10 penses’—

11 ‘‘(1) includes reasonable expenses that are nec12 essary for travel for a period that may not exceed

13 3 days exclusive of traveltime within the United

14 States or 7 days exclusive of traveltime outside of

15 the United States unless approved in advance by the

16 Ethics Committee;

17 ‘‘(2) is limited to expenditures for transpor18 tation, lodging, conference fees and materials, and

19 meals offered to all attendees as an integral part of

20 the event, including reimbursement for necessary

21 transportation, whether or not such transportation

22 occurs within the periods described in clause (1);

23 and

24 ‘‘(3) does not include expenditures for rec25 reational activities, or entertainment other than that
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1 provided to all attendees as an integral part of the

2 event.

3 ‘‘(e) The Secretary of the Senate shall—

4 ‘‘(1) make available to the public all advance

5 authorizations and disclosures of reimbursement

6 filed pursuant to subparagraph (a) as soon as pos7 sible after they are filed; and

8 ‘‘(2) publish an annual report summarizing (by

9 Member, officer, or employee) travel expenses that

10 are reimbursed pursuant to this paragraph and ag11 gregate more than $250 from any one source.

12 ‘‘4. (a) Notwithstanding any other provision of this

13 rule, a Member, officer, or employee of the Senate may

14 participate in a program, the principal objective of which

15 is educational, sponsored by a foreign government or a for16 eign educational or charitable organization involving travel

17 to a foreign country paid for by that foreign government

18 or organization if such participation is not in violation of

19 any law and if the appropriate Member or committee

20 chairman has determined that participation in such pro21 gram is in the interests of the Senate and the United

22 States.

23 ‘‘(b) Any Member who accepts an invitation to par24 ticipate in any such program shall notify the Secretary

25 of the Senate in writing of his acceptance. A Member shall
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1 also notify the Secretary in writing whenever he has per2 mitted any officer or employee whom he supervises (within

3 the meaning of paragraph 11 of rule XXXVII) to partici4 pate in any such program. The Secretary shall place in

5 the Congressional Record a list of all individuals partici6 pating; the supervisors of such individuals, where applica7 ble; and the nature and itinerary of such program. No

8 Member, officer, or employee may accept funds in connec9 tion with participation in a program permitted under sub10 paragraph (a) if such funds are not used for necessary

11 food, lodging, transportation, and related expenses of the

12 Member, officer, or employee.

13 ‘‘5. The Committee on Rules and Administration is

14 authorized to adjust the $20 gift limit established in para15 graph 1 on a periodic basis, to the extent necessary to

16 adjust for inflation.’’.

17 SEC. 3. AMENDMENT TO THE HOUSE RULES.

18 Clause 4 of rule XLIII of the Rules of the House

19 of Representatives is amended to read as follows:

20 ‘‘4. (a)(1) No Member, officer, or employee of the

21 House of Representatives, or the spouse thereof, shall

22 knowingly accept—

23 ‘‘(A) any gift provided directly or indirectly by

24 a person registered as a lobbyist or a foreign agent

25 under the Federal Regulation of Lobbying Act, the
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1 Foreign Agents Registration Act, or any successor

2 statute;

3 ‘‘(B) any gift from any other person.

4 ‘‘(2) For the purpose of this clause, the term ‘gift’

5 means any gratuity, favor, discount, entertainment, hospi6 tality, loan, forbearance, or other item having monetary

7 value. The term includes gifts of services, training, trans8 portation, lodging, and meals, whether provided in kind,

9 by purchase of a ticket, payment in advance, or reimburse10 ment after the expense has been incurred.

11 ‘‘(3)(A) The restrictions in subparagraph (a) shall

12 apply to any financial contribution or expenditure relating

13 to a conference, retreat, or similar event for or on behalf

14 of Members, officers, or employees.

15 ‘‘(B) The following items are subject to the restric16 tions in subparagraph (1)(A)—

17 ‘‘(i) an item provided by a lobbyist or a foreign

18 agent which is paid for, charged to, or reimbursed

19 by a client or firm of such lobbyist or foreign agent;

20 ‘‘(ii) an item provided by a lobbyist or a foreign

21 agent to an entity that is maintained or controlled

22 by a Member, officer, or employee;

23 ‘‘(iii) a charitable contribution made on the

24 basis of a designation, recommendation, or other

25 specification made to a lobbyist or a foreign agent
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1 by a Member, officer, or employee (not including a

2 mass mailing or other solicitation directed to a

3 broad category of the general public);

4 ‘‘(iv) a contribution or other payment by a lob5 byist or foreign agent to a legal expense fund estab6 lished for the benefit of a Member, officer, or em7 ployee; and

8 ‘‘(v) a contribution, as defined in the Federal

9 Campaign Act of 1971 (2 U.S.C. 431 et seq.) that

10 is made by a lobbyist, foreign agent, or Political Ac11 tion Committee, to a Member; and

12 ‘‘(C) a charitable contribution (as defined in section

13 170(c) of the Internal Revenue Code of 1986) made by

14 a lobbyist or a foreign agent in lieu of an honorarium.

15 ‘‘(4) The following items are not gifts subject to the

16 restrictions in subparagraph (1):

17 ‘‘(A) Any item for which the Member, officer,

18 or employee pays the market value.

19 ‘‘(B) A contribution, as defined in the Federal

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

21 seq.) that is lawfully made under that Act except as

22 provided in subparagraph (3)(B)(v).

23 ‘‘(C) Anything provided under circumstances

24 that clearly indicate, in accordance with paragraph

25 (b)(1), that it is provided for a nonbusiness purpose
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1 and is motivated by a family relationship or personal

2 friendship and not by the position of the Member,

3 officer, or employee (subject to prior approval by the

4 Committee on Standards of Official Conduct in the

5 case of a gift to a Member, officer, or employee in

6 excess of $250 that is provided on the basis of per7 sonal friendship and disclosure under the Ethics in

8 Government Act of a gift to a spouse of a Member

9 in excess of $250 that is provided on the basis of

10 personal friendship).

11 ‘‘(D) Items which are not used and which are

12 promptly returned to the donor.

13 ‘‘(E) A food or refreshment item of minimal

14 value, such as a soft drink, coffee, or doughnut of15 fered other than as part of a meal.

16 ‘‘(F) Benefits resulting from the business, em17 ployment, or other outside activities of the spouse of

18 a Member, officer, or employee, if such benefits are

19 customarily provided others in similar cir20 cumstances.

21 ‘‘(G) Pension and other benefits resulting from

22 continued participation in an employee welfare and

23 benefits plan maintained by a former employer.

24 ‘‘(H) Informational materials that are sent to

25 the office of the Member, officer, or employee in the
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1 form of books, articles, periodicals, other written

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

3 communication.

4 ‘‘(5) The restrictions in clauses (B) and (C) of sub5 paragraph (1) shall not apply to the following:

6 ‘‘(A) Meals, lodging, and other benefits—

7 ‘‘(i) resulting from the outside business or

8 employment activities of the Member, officer, or

9 employee (or other outside activities that are

10 not connected to the duties of the Member, offi11 cer, or employee as an officeholder), if such

12 benefits have not been offered or enhanced be13 cause of the official position of the Member, of14 ficer, or employee and are customarily provided

15 to others in similar circumstances; or

16 ‘‘(ii) customarily provided by a prospective

17 employer in connection with bona fide employ18 ment discussions.

19 ‘‘(B) Awards or prizes which are given to com20 petitors in contests or events open to the public, in21 cluding random drawings.

22 ‘‘(C) Honorary degrees and other bona fide

23 awards presented in recognition of public service and

24 available to the general public (and associated meals
21

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1 and entertainment provided in the presentation of

2 such degrees and awards).

3 ‘‘(D) Donations of products from the State that

4 the Member represents that are intended primarily

5 for promotional purposes, such as display or free

6 distribution, and are of minimal value to any indi7 vidual recipient.

8 ‘‘(E) Meals and entertainment provided to a

9 Member or an employee of a Member in the Mem10 ber’s home State having, subject to reasonable limi11 tations, to be established by the Committee on

12 Standards of Official Conduct.

13 ‘‘(F) Food and attendance provided at an event

14 sponsored by a political organization described in

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

16 1986.

17 ‘‘(G) Training provided to a Member, officer, or

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

19 House of Representatives.

20 ‘‘(H) Bequests, inheritances, and other trans21 fers at death.

22 ‘‘(I) Any item, the receipt of which is author23 ized by the Foreign Gifts and Declarations Act, the

24 Mutual Education and Cultural Exchange Act, or

25 any other statute.
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1 ‘‘(J) Anything which is paid for by the Govern2 ment or secured by the Government under a Govern3 ment contract.

4 ‘‘(K) A gift of personal hospitality of an indi5 vidual, as defined in section 109(14) of the Ethics

6 in Government Act.

7 ‘‘(L) Free attendance at an event permitted

8 pursuant to paragraph (b)(1).

9 ‘‘(M) Opportunities and benefits which are—

10 ‘‘(i) available to the public or to a class

11 consisting of all Federal employees, whether or

12 not restricted on the basis of geographic consid13 eration;

14 ‘‘(ii) offered to members of a group or

15 class in which membership is unrelated to con16 gressional employment;

17 ‘‘(iii) offered to members of an organiza18 tion, such as an employees’ association or con19 gressional credit union, in which membership is

20 related to congressional employment and similar

21 opportunities are available to large segments of

22 the public through organizations of similar size;

23 ‘‘(iv) offered to any group or class that is

24 not defined in a manner that specifically dis25 criminates among Government employees on the
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1 basis of branch of Government or type of re2 sponsibility, or on a basis that favors those of

3 higher rank or rate of pay;

4 ‘‘(v) in the form of loans from banks and

5 other financial institutions on terms generally

6 available to the public; or

7 ‘‘(vi) in the form of reduced membership

8 or other fees for participation in organization

9 activities offered to all Government employees

10 by professional organizations if the only restric11 tions on membership relate to professional

12 qualifications.

13 ‘‘(N) A plaque, trophy, or other memento of

14 modest value.

15 ‘‘(O) An item for which, in an unusual case, a

16 waiver is granted by the Committee on Standards of

17 Official Conduct.

18 ‘‘(b)(1)(A) In determining if the giving of an item

19 is motivated by a family relationship or personal friend20 ship, at least the following factors shall be considered:

21 ‘‘(i) The history of the relationship between the

22 individual giving the item and the individual receiv23 ing the item, including whether or not items have

24 previously been exchanged by such individuals.
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1 ‘‘(ii) Whether the item was purchased by the in2 dividual who gave the item.

3 ‘‘(iii) Whether the individual who gave the item

4 also at the same time gave the same or similar item

5 to other Members, officers, or employees.

6 ‘‘(B) The giving of an item shall not be considered

7 to be motivated by a family relationship or personal friend8 ship if the individual providing the item—

9 ‘‘(i) seeks to deduct the value of such item as

10 a business expense on the individual’s income tax re11 turn; or

12 ‘‘(ii) accepts direct or indirect reimbursement or

13 compensation for the item from a client or a firm of

14 which the individual is a member or employee.

15 ‘‘(C) For purposes of clause (B), indirect reimburse16 ment or compensation for an item includes an expenditure

17 from an expense account and a fee charged by a lobbyist

18 for the purpose of compensating the lobbyist for the cost

19 of the item.

20 (2)(A) Except as prohibited by paragraph (a)(1)(A)

21 a Member, officer, or employee may accept an offer of free

22 attendance at a widely attended convention, conference,

23 symposium, forum, panel discussion, dinner, reception, or

24 similar event, provided by the sponsor of the event if—
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1 ‘‘(i) the Member, officer, or employee partici2 pates in the event as a speaker or a panel partici3 pant, by presenting information related to Congress

4 or matters before Congress, or by performing a cere5 monial function appropriate to his or her official po6 sition; or

7 ‘‘(ii) attendance of the event is appropriate to

8 the performance of the official duties of the Member,

9 officer, or employee.

10 ‘‘(B) A Member, officer, or employee who attends an

11 event described in clause (A) of this subparagraph may

12 accept—

13 ‘‘(i) a sponsor’s unsolicited offer of free attend14 ance at the event for an accompanying spouse if oth15 ers in attendance will generally be accompanied by

16 spouses or if such attendance is appropriate to assist

17 in the representation of the House of Representa18 tives; and

19 ‘‘(ii) transportation and lodging in connection

20 with the event if authorized in accordance with para21 graph (c).

22 ‘‘(C) Except as prohibited by paragraph (a)(1)(A), a

23 Member, officer, or employee, or the spouse or dependent

24 thereof, may accept a sponsor’s unsolicited offer of free

25 attendance at a charity event in which the Member, offi-
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1 cer, or employee is a participant. Reimbursement for

2 transportation and lodging may not be accepted in connec3 tion with the event.

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

5 attendance’ may include waiver of all or part of a con6 ference or other fee or the provision of food, refreshment,

7 entertainment, and instructional materials furnished to all

8 attendees as an integral part of the event. The term does

9 not include entertainment collateral to the event, or meals

10 taken other than in a group setting with all or substan11 tially all other attendees.

12 ‘‘(3) For the purpose of this clause—

13 ‘‘(A) The term ‘client’ means any person who

14 employs or retains a lobbyist or a foreign agent to

15 appear or work on such person’s behalf.

16 ‘‘(B) The term ‘market value’, when applied to

17 a gift means the retail cost a person would incur to

18 purchase the gift. The market value of a gift of a

19 ticket entitling the holder to food, refreshments, or

20 entertainment is the retail cost of similar food, re21 freshments, or entertainment.

22 ‘‘(4) When it is not practical to return a tangible item

23 because it is perishable, the item may, at the discretion

24 of the recipient, be given to an appropriate charity, shared

25 within the recipient’s office, or destroyed.
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1 ‘‘(c)(1)(A) Except as prohibited by paragraph

2 (a)(1)(A), a reimbursement (including payment in kind)

3 to a Member, officer, or employee for necessary transpor4 tation, lodging and related expenses for travel to a meet5 ing, speaking engagement, factfinding trip or similar event

6 in connection with the duties of the Member, officer, or

7 employee as an officeholder shall be deemed to be a reim8 bursement to the House of Representatives and not a gift

9 prohibited by paragraph (a), if the Member, officer, or em10 ployee receives advance authorization to accept reimburse11 ment and discloses the expenses reimbursed or to be reim12 bursed and the authorization through the Clerk of the

13 House of Representatives as soon as practicable after the

14 travel is completed.

15 ‘‘(B) Events, the activities of which are substantially

16 recreational in nature, shall not be considered to be in con17 nection with the duties of a Member, officer, or employee

18 as an officeholder.

19 ‘‘(2) Each advance authorization to accept reimburse20 ment shall be signed by the appropriate Member (or, in

21 the case of an employee of a committee, the appropriate

22 committee chairman) and shall include—

23 ‘‘(A) the name of the Member, officer, or em24 ployee;
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1 ‘‘(B) the name of the person who will make the

2 reimbursement;

3 ‘‘(C) the time, place, and purpose of the travel;

4 and

5 ‘‘(D) a determination that the travel is in con6 nection with the duties of the Member, officer, or

7 employee as an officeholder and would not create the

8 appearance that the Member, officer, or employee is

9 using public office for private gain.

10 ‘‘(3) Each disclosure of expenses reimbursed or to be

11 reimbursed shall be signed by the appropriate Member (or,

12 in the case of an employee of a committee, the appropriate

13 committee chairman) and shall include—

14 ‘‘(A) total transportation expenses reimbursed

15 or to be reimbursed;

16 ‘‘(B) total lodging expenses reimbursed or to be

17 reimbursed;

18 ‘‘(C) disclosure of any other expenses reim19 bursed or to be reimbursed (with the exception of

20 any items that may properly be accepted pursuant to

21 clauses (a) and (b)); and

22 ‘‘(D) a determination that all such expenses are

23 necessary transportation, lodging, and related ex24 penses as defined in this paragraph.
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1 ‘‘(4) For the purposes of this paragraph, the term

2 ‘necessary transportation, lodging, and related ex3 penses’—

4 ‘‘(A) includes reasonable expenses that are nec5 essary for travel for a period that may not exceed

6 3 days exclusive of traveltime within the United

7 States or 7 days exclusive of traveltime outside of

8 the United States unless approved in advance by the

9 Committee on Standards of Official Conduct;

10 ‘‘(B) is limited to expenditures for transpor11 tation, lodging, conference fees and materials, and

12 meals offered to all attendees as an integral part of

13 the event, including reimbursement for necessary

14 transportation, whether or not such transportation

15 occurs within the periods described in clause (1);

16 and

17 ‘‘(C) does not include expenditures for rec18 reational activities, or entertainment other than that

19 provided to all attendees as an integral part of the

20 event.

21 ‘‘(5) The Clerk of the House of Representatives

22 shall—

23 ‘‘(A) make available to the public all advance

24 authorizations and disclosures of reimbursement
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1 filed pursuant to subparagraph (1) as soon as pos2 sible after they are filed; and

3 ‘‘(B) publish an annual report summarizing (by

4 Member, officer, or employee) travel expenses that

5 are reimbursed pursuant to this paragraph and ag6 gregate more than $250 from any one source.

7 ‘‘(d)(1) Notwithstanding any other provision of this

8 clause, a Member, officer, or employee of the House of

9 Representatives may participate in a program, the prin10 cipal objective of which is educational, sponsored by a for11 eign government or a foreign educational or charitable or12 ganization involving travel to a foreign country paid for

13 by that foreign government organization if such participa14 tion is not in violation of any law and if the appropriate

15 Member or committee chairman has determined that par16 ticipation in such program is in the interests of the House

17 of Representatives and the United States.

18 ‘‘(2) Any Member who accepts an invitation to par19 ticipate in any such program shall notify the Clerk of the

20 House of Representatives in writing of his acceptance. A

21 Member shall also notify the a Clerk in writing whenever

22 he has permitted any officer or employee whom he super23 vises to participate in any such program. The Clerk shall

24 place in the Congressional Record a list of all individuals
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1 participating; the supervisors of such individuals, where

2 applicable; and the nature and itinerary of such program.

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

4 funds in connection with participation in a program per5 mitted under subparagraph (a) if such funds are not used

6 for necessary food, lodging, transportation, and related ex7 penses of the Member, officer, or employee.

8 ‘‘(e) The Committee on Standards of Official Conduct

9 is authorized to adjust the $20 gift limit established in

10 paragraph (a) on a periodic basis, to the extent necessary

11 to adjust for inflation.’’.

12 SEC. 4. AMENDMENT TO THE ETHICS IN GOVERNMENT ACT.

13 Section 102(a)(2)(A) of the Ethics in Government

14 Act (5 U.S.C. App. 6, section 102), is amended by—

15 (1) inserting a dash after ‘‘and the value of’’;

16 (2) striking ‘‘all gifts aggregating’’ and insert17 ing the following:

18 ‘‘(i) all gifts aggregating’’;

19 (3) striking the period at the end of the sub20 paragraph and inserting ‘‘; and’’; and

21 (4) adding at the end the following:

22 ‘‘(ii) all gifts, other than food, lodging, or

23 entertainment received as personal hospitality

24 of an individual, having a value of $20 or more

25 that are—
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1 ‘‘(I) provided by a person required to

2 register under the Federal Regulation of

3 Lobbying Act, the Foreign Agents Reg4 istration Act, or any successor Act; and

5 ‘‘(II) would be prohibited by section

6 7353 of title 5, United States Code, but

7 for a personal friendship exception con8 tained in implementing rules and regula9 tions issued pursuant to in subsection

10 (b)(1) of such section.’’.

11 SEC. 5. POST–EMPLOYMENT REFORM ACT OF 1994.

12 (a) SHORT TITLE.—This section may be cited as the

13 ‘‘Post-Employment Reform Act of 1994’’.

14 (b) FORMER AGENCY BAN.—

15 (1) EXECUTIVE BRANCH.—Section 207(c)(1) of

16 title 18, United States Code, is amended by striking

17 ‘‘within 1 year after’’ and inserting ‘‘within 2 years

18 after’’.

19 (2) CONGRESS.—Section 207(e) of title 18,

20 United States Code, is amended in paragraphs

21 (1)(A), (2)(A), (3), (4)(A), and (5)(A), by striking

22 ‘‘within 1 year after’’ and inserting ‘‘within 2 years

23 after’’.

24 (3) CONFORMING AMENDMENT RELATING TO

25 PAY LEVELS.—(A) Section 207(c)(2)(ii) of title 18,
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1 United States Code, is amended by striking ‘‘the

2 rate of basic pay payable for level V of the Executive

3 Schedule’’ and inserting ‘‘120 percent of the mini4 mum rate of basic pay payable for GS–15 of the

5 General Schedule’’.

6 (B) Section 207(e)(6) of title 18, United States

7 Code, is amended—

8 (i) in subparagraph (A) by striking ‘‘which

9 is 75 percent of the basic rate of pay payable

10 for a Member of the House of Congress in

11 which such employee was employed’’ and insert12 ing ‘‘which is 120 percent of the minimum rate

13 of basic pay payable for GS–15 of the General

14 Schedule’’; and

15 (ii) in subparagraph (B) by striking ‘‘pay16 able for level V of the Executive Schedule’’ and

17 inserting ‘‘which is 120 percent of the minimum

18 rate of basic pay payable for GS–15 of the Gen19 eral Schedule’’.

20 (c) FOREIGN ENTITIES BAN.—Section 207(f) of title

21 18, United States Code, is amended—

22 (1) in paragraph (1) by striking ‘‘within 1

23 year’’ and inserting ‘‘within 2 years’’;

24 (2) by striking paragraph (2); and
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1 (3) by redesignating paragraph (3) as para2 graph (2) and inserting in such paragraph before

3 the period the following: ‘‘, or a corporation, part4 nership, or other nongovernment entity which is cre5 ated or organized under the laws of a foreign coun6 try or which has its principal place of business out7 side the United States’’.

8 (d) RESTRICTIONS ON VERY SENIOR PERSONNEL.—

9 Section 207(d)(1) of title 18, United States Code, is

10 amended by striking ‘‘within 1 year’’ and inserting ‘‘within

11 2 years’’.

12 (e) TRADE AND TREATY NEGOTIATION BAN.—Sec13 tion 207(b)(1) of title 18, United States Code, is amended

14 by striking ‘‘for a period of 1 year’’ and inserting ‘‘for

15 a period of 10 years’’.

16 (f) EFFECTIVE DATE.—This section shall be effective

17 after January 1, 1995.

18 SEC. 6. PROHIBITION ON CONTRIBUTIONS TO LEGAL DE19 FENSE FUNDS.

20 No person registered as a lobbyist or a foreign agent

21 may make a contribution or other payment to a legal ex22 pense fund established for the benefit of an officer or em23 ployee of the executive branch.
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1 SEC. 7. REPEAL OF OBSOLETE PROVISION.

2 Section 901 of the Ethics Reform Act of 1989 (2

3 U.S.C. 31–2) is repealed.

4 SEC. 8. PROHIBITION ON LOBBYISTS.

5 No person registered as a lobbyist or a foreign agent

6 under the Federal Regulation of Lobbying Act, the For7 eign Agents Registration Act, or any successor statute

8 shall provide a gift to any Member, officer, or employee

9 of the Senate or the House of Representatives, or a spouse

10 or dependent of the Member, officer, or employee, if the

11 lobbyist or foreign agent knows that the acceptance of the

12 gift by the Member, officer, employee, spouse, or depend13 ent would violate Rule XXXV of the Standing Rules of

14 the Senate or clause 4 of Rule XLIII of the Rules of the

15 House of Representatives.

16 SEC. 9. EXERCISE OF CONGRESSIONAL RULEMAKING

17 POWER.

18 Except for sections 4, 5, and 6, this Act is enacted

19 by Congress—

20 (1) as an exercise of the rulemaking power of

21 the Senate and the House of Representatives, re22 spectively, and accordingly, they shall be considered

23 as part of the rules of each House, respectively, or

24 of the House to which they specifically apply, and

25 such rules shall supersede other rules only to the ex26 tent that they are inconsistent therewith; and
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1 (2) with full recognition of the constitutional

2 right of either House to change such rules (insofar

3 as they relate to that House) at any time and in the

4 same manner and to the same extent as in the case

5 of any other rule of that House.

6 SEC. 10. GIFTS.

7 The Senate Committee on Rules and Administration,

8 on behalf of the Senate, may accept gifts provided they

9 do not involve any duty, burden, or condition, or are not

10 made dependent upon some future performance by the

11 United States. The Committee on Rules and Administra12 tion is authorized to promulgate regulations to carry out

13 this section.

14 SEC. 11. LEGAL EXPENSE FUND.

15 No provision of this Act shall be interpreted to limit

16 a contribution or other payment to a legal expense fund

17 established for the benefit of a Member, officer, or em18 ployee by any person other than a lobbyist or a foreign

19 agent.

20 SEC. 12. MEALS AND ENTERTAINMENT.

21 The rules on acceptance of meals and entertainment

22 provided to a Member or an employee of a Member in the

23 Member’s home State prior to the adoption of reasonable

24 limitations by the appropriate committees shall be the
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1 rules in effect on the day before the effective date of this

2 Act.

3 SEC. 13. SENSE OF THE SENATE.

4 It is the sense of the Senate that the conferees to

5 the upcoming Senate-House conference on omnibus crime

6 legislation should totally reject the so-called Racial Justice

7 Act provisions contained in the crime bill passed by the

8 House of Representatives on April 21, 1994.

9 SEC. 14. EFFECTIVE DATES.

10 This Act and the amendments made by this Act shall

11 become effective on January 1, 1995.

Passed the Senate May 11 (legislative day, May 2),

1994.

Attest:

Secretary.
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