May 18, 1995 CONGRESSIONAL RECORD — SENATE S6931

THE CONGRESSIONAL BUDGET

CONCURRENT RESOLUTION

FEINGOLD (AND OTHERS)

AMENDMENT NO. 1109

(Ordered to lie on the table.)

Mr. FEINGOLD (for himself, Mr.

BUMPERS, Mr. KERREY, Mr. ROBB, Mr.

DORGAN, Mr. SIMON, Mrs. MURRAY, Mr.

HOLLINGS, and Ms. MOSELEY-BRAUN)

submitted an amendment intended to

be proposed by them to the concurrent

resolution (S. Con. Res. 13) setting

forth the congressional budget for the

U.S. Government for the fiscal years

1996, 1997, 1998, 1999, 2000, 2001, and 2002;

as follows:

At the appropriate place, add the following:

SECTION . SENSE OF THE SENATE REGARDING

DEFICIT REDUCTION AND TAX CUTS.

The Senate finds that—

(1) it is important that Congress clearly

and decisively signal its commitment to significant further deficit reduction;

(2) enactment of any type of major tax cut

measure in 1995 will hinder efforts to achieve

significant further deficit reduction;

(3) the savings generated by the spending

cuts being proposed in the budget process

should be dedicated to deficit reduction; and

(4) it is the Sense of the Senate that adoption of major tax cuts at this point in time

will set us back in our progress towards a

balanced budget and significant deficit reduction.

AMENDMENTS SUBMITTED ON

MAY 18, 1995

f

THE TELECOMMUNICATIONS COMPETITION AND DEREGULATION ACT OF 1995

WELLSTONE (AND OTHERS)

AMENDMENT NO. 1110

(Ordered to lie on the table.)

Mr. WELLSTONE (for himself, Mr.

FEINGOLD, Mr. LAUTENBERG, and Mr.

BAUCUS) submitted an amendment intended to be proposed by them to the

bill (S. 652) to provide for a pro-competitive, de-regulatory national policy

framework designed to accelerate rapidly private sector deployment of advanced telecommunications and information technologies and services to all

Americans by opening all telecommunications markets to competition, and for other purposes; as follows:

At the end of the bill, add the following:

TITLE ll—GIFT REFORM

SEC. ll01. AMENDMENTS TO SENATE RULES.

Rule XXXV of the Standing Rules of the

Senate is amended to read as follows:

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

the Senate shall accept a gift, knowing that

such gift is provided by a lobbyist or by an

agent of a foreign principal registered under

the Foreign Agents Registration Act.

‘‘(b) The prohibition in subparagraph (a)

includes the following:

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

agent of a foreign principal which is paid for,

charged to, or reimbursed by a client or firm

of such lobbyist or agent of a foreign principal.

‘‘(2) Anything provided by a lobbyist or an

agent of a foreign principal to an entity that

is maintained or controlled by a Member, officer, or employee.

‘‘(3) A charitable contribution (as defined

in section 170(c) of the Internal Revenue

Code of 1986) made by a lobbyist or an agent

of a foreign principal on the basis of a designation, recommendation, or other specification of a Member, officer, or employee

(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 or an agent of a foreign principal to

a legal expense fund established for the benefit of a Member, officer, or employee.

‘‘(5) A charitable contribution (as defined

in section 170(c) of the Internal Revenue

Code of 1986) made by a lobbyist or an agent

of a foreign principal in lieu of an honorarium to a Member, officer, or employee.

‘‘(6) A financial contribution or expenditure made by a lobbyist or an agent of a foreign principal relating to a conference, retreat, or similar event, sponsored by or affiliated with an official congressional organization, for or on behalf Members, officers, or

employees.

‘‘(c) The following are not gifts subject to

the prohibition in subparagraph (a):

‘‘(1) Anything for which the recipient 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) Food or refreshments of nominal value

offered other than as part of a meal.

‘‘(4) Benefits resulting from the business,

employment, or other outside activities of

the spouse of a member, officer, or employee,

if such benefits are customarily provided to

others in similar circumstances.

‘‘(5) Pension and other benefits resulting

from continued participation in an employee

welfare and benefits plan maintained by a

former employer.

‘‘(6) Informational materials that are sent

to the office of a Member, officer, or employee in the form of books, articles, periodicals, other written materials, audiotapes,

videotapes, or other forms of communication.

‘‘(d)(1) 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 shall not

be subject to the prohibition in subparagraph

(a).

‘‘(2) A gift shall not be considered to be

given for a nonbusiness purpose if the individual giving the gift seeks—

‘‘(A) to deduct the value of such gift as a

business expense on the individual’s Federal

income tax return, or

‘‘(B) direct or indirect reimbursement or

any other compensation for the value of the

gift from a client or employer of such lobbyist or agent of a foreign principal.

‘‘(3) 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:

‘‘(A) 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.

‘‘(B) Whether the gift was purchased by the

individual who gave the item.

‘‘(C) Whether the individual who gave the

gift also at the same time gave the same or

similar gifts to other Members, officers, or

employees.

‘‘2. (a) In addition to the restriction on receiving gifts from 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 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
S6932 CONGRESSIONAL RECORD — SENATE May 18, 1995

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, audiotapes,

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

(d).

‘‘(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.

‘‘(d)(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.

‘‘(e) 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 (c)(3) or the close

personal friendship exception in section

106(d) of the Lobbying Disclosure Act of 1994

unless the Select Committee on Ethics issues

a written determination that one of such exceptions applies.

‘‘(f)(1) The Committee on Rules and Administration is authorized to adjust the dollar amount referred to in subparagraph (c)(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 travel time within the

United States or 7 days exclusive of travel

time 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.
May 18, 1995 CONGRESSIONAL RECORD — SENATE S6933

‘‘(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) The term ‘lobbying firm’—

‘‘(1) 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

‘‘(2) includes a self-employed individual

who is a lobbyist.

‘‘(c) The term ‘lobbyist’ means a person

registered under section 308 of the Federal

Regulation of Lobbying Act (2 U.S.C. 267) or

required to be registered under any successor

statute.

‘‘(d) The term ‘State’ means each of the

several States, the District of Columbia, and

any commonwealth, territory, or possession

of the United States.’’.

SEC. ll02. AMENDMENTS TO HOUSE RULES.

Clause 4 of rule XLIII of the Rules of the

House of Representatives is amended to read

as follows:

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

of the House of Representatives shall accept

a gift, knowing that such gift is provided directly or indirectly by a lobbyist registered

under the Federal Regulation of Lobbying

Act or any successor statute, or an agent of

a foreign principal registered under the Foreign Agents Registration Act.

‘‘(2) The prohibition in subparagraph (1) includes the following:

‘‘(A) Anything provided by a lobbyist or an

agent of a foreign principal which is paid for,

charged to, or reimbursed by a client or firm

of such lobbyist or agent of a foreign principal.

‘‘(B) Anything provided by a lobbyist or an

agent of a foreign principal to an entity that

is maintained or controlled by a Member, officer, or employee.

‘‘(C) A charitable contribution (as defined

in section 170(c) of the Internal Revenue

Code of 1986) made by a lobbyist or an agent

of a foreign principal on the basis of a designation, recommendation, or other specification of a Member, officer, or employee

(not including a mass mailing or other solicitation directed to a broad category of persons or entities).

‘‘(D) A contribution or other payment by a

lobbyist or an agent of a foreign principal to

a legal expense fund established for the benefit of a Member, officer, or employee.

‘‘(E) A charitable contribution (as defined

in section 170(c) of the Internal Revenue

Code of 1986) made by a lobbyist or an agent

of a foreign principal in lieu of an honorarium to a Member, officer, or employee.

‘‘(F) A financial contribution or expenditure made by a lobbyist or an agent of a foreign principal 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.

‘‘(3) The following are not gifts subject to

the prohibition in subparagraph (1):

‘‘(A) Anything for which the recipient pays

the market value, or does not use and

promptly returns to the donor.

‘‘(B) 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.

‘‘(C) Food or refreshments of nominal

value offered other than as part of a meal.

‘‘(D) Benefits resulting from the business,

employment, or other outside activities of

the spouse of a Member, officer, or employee

if such benefits are customarily provided to

others in similar circumstances.

‘‘(E) Pension and other benefits resulting

from continued participation in an employee

welfare and benefits plan maintained by a

former employer.

‘‘(F) Informational materials that are sent

to the office of a Member, officer, or employee in the form of books, articles, periodicals, other written materials, audiotapes,

videotapes, or other forms of communication.

‘‘(4)(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 shall not

be subject to the prohibition in subparagraph

(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 agent of a foreign principal.

‘‘(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.

‘‘(b) In addition to the restriction on receiving gifts from registered lobbyists, lobbying firms, and agents of foreign principals

provided by paragraph (a) and except as provided in this rule, no Member, officer, or employee of the House of Representatives shall

knowingly accept a gift from any other person.

‘‘(c)(1) For the purpose of this clause, 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.

‘‘(d) The restrictions in paragraph (b) 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 Committee on

Standards of Official Conduct 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 Committee on Standards of Official

Conduct.

‘‘(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, audiotapes,

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).
S6934 CONGRESSIONAL RECORD — SENATE May 18, 1995

‘‘(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 Standards of

Official Conduct.

‘‘(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 House of Representatives.

‘‘(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 paragraph (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 exceptional

circumstances, a waiver is granted by the

Committee on Standards of Official Conduct.

‘‘(e)(1) Except as prohibited by paragraph

(a), 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 subparagraph

(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 House of Representatives.

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

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) No Member, officer, or employee may

accept a gift the value of which exceeds $250

on the basis of the personal relationship exception in paragraph (d)(3) or the close personal friendship exception in section 106(d) of

the Lobbying Disclosure Act of 1994 unless

the Committee on Standards of Official Conduct issues a written determination that one

of such exceptions applies.

‘‘(g)(1) The Committee on Standards of Official Conduct is authorized to adjust the

dollar amount referred to in paragraph (c)(5)

on a periodic basis, to the extent necessary

to adjust for inflation.

‘‘(2) The Committee on Standards of Official Conduct 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.

‘‘(h)(1)(A) Except as prohibited by paragraph (a), 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 House of Representatives and

not a gift prohibited by this paragraph, if the

Member, officer, or employee—

‘‘(i) 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

‘‘(ii) discloses the expenses reimbursed or

to be reimbursed and the authorization to

the Clerk of the House of Representatives

within 30 days after the travel is completed.

‘‘(B) For purposes of clause (A), 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.

‘‘(2) Each advance authorization to accept

reimbursement shall be signed by the Member or officer under whose direct supervision

the employee works and shall include—

‘‘(A) the name of the employee;

‘‘(B) the name of the person who will make

the reimbursement;

‘‘(C) the time, place, and purpose of the

travel; and

‘‘(D) 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.

‘‘(3) Each disclosure made under subparagraph (1)(A) 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—

‘‘(A) a good faith estimate of total transportation expenses reimbursed or to be reimbursed;

‘‘(B) a good faith estimate of total lodging

expenses reimbursed or to be reimbursed;

‘‘(C) a good faith estimate of total meal expenses reimbursed or to be reimbursed;

‘‘(D) a good faith estimate of the total of

other expenses reimbursed or to be reimbursed;

‘‘(E) a determination that all such expenses are necessary transportation, lodging,

and related expenses as defined in this paragraph; and

‘‘(F) 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.

‘‘(4) For the purposes of this paragraph, the

term ‘necessary transportation, lodging, and

related expenses’—

‘‘(A) includes reasonable expenses that are

necessary for travel—

‘‘(i) for a period not exceeding 4 days including travel time within the United States

or 7 days in addition to travel time outside

the United States; and

‘‘(ii) within 24 hours before or after participation in an event in the United States or

within 48 hours before or after participation

in an event outside the United States,

unless approved in advance by the Committee on Standards of Official Conduct;

‘‘(B) 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 (A);

‘‘(C) does not include expenditures for recreational activities or entertainment other

than that provided to all attendees as an integral part of the event; and

‘‘(D) 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 officer or employee works) that

the attendance of the spouse or child is appropriate to assist in the representation of

the House of Representatives.

‘‘(5) The Clerk of the House of Representatives shall make available to the public all

advance authorizations and disclosures of reimbursement filed pursuant to subparagraph

(1) as soon as possible after they are received.

‘‘(h) In this rule:

‘‘(1) 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—
May 18, 1995 CONGRESSIONAL RECORD — SENATE S6935

‘‘(A) 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

‘‘(B) 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.

‘‘(2) 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.

‘‘(3) The term ‘lobbyist’ means a person

registered under section 308 of the Federal

Regulation of Lobbying Act (2 U.S.C. 267) or

required to be registered under any successor

statute.

‘‘(4) The term ‘State’ means each of the

several States, the District of Columbia, and

any commonwealth, territory, or possession

of the United States.’’.

SEC. ll03. MISCELLANEOUS PROVISIONS.

(a) AMENDMENTS TO THE ETHICS IN GOVERNMENT ACT.—Section 102(a)(2)(B) of the Ethics

in Government Act (5 U.S.C. 102, App. 6) is

amended by adding at the end thereof the

following: ‘‘Reimbursements accepted by a

Federal agency pursuant to section 1353 of

title 31, United States Code, or deemed accepted by the Senate or the House of Representatives pursuant to rule XXXV of the

Standing Rules of the Senate or clause 4 of

rule XLIII of the Rules of the House of Representatives shall be reported as required by

such statute or rule and need not be reported

under this section.’’.

(b) REPEAL OF OBSOLETE PROVISION.—Section 901 of the Ethics Reform Act of 1989 (2

U.S.C. 31–2) is repealed.

(c) SENATE PROVISIONS.—

(1) AUTHORITY OF THE COMMITTEE ON RULES

AND ADMINISTRATION.—The Senate Committee on Rules and Administration, on behalf

of the Senate, may accept gifts provided

they do not involve any duty, burden, or condition, or are not made dependent upon some

future performance by the United States.

The Committee on Rules and Administration

is authorized to promulgate regulations to

carry out this section.

(2) FOOD, REFRESHMENTS, AND ENTERTAINMENT.—The rules on acceptance of food, refreshments, and entertainment provided to a

Member of the Senate or an employee of

such a Member in the Member’s home State

before the adoption of reasonable limitations

by the Committee on Rules and Administration shall be the rules in effect on the day

before the effective date of this title.

(d) HOUSE PROVISION.—The rules on acceptance of food, refreshments, and entertainment provided to a Member of the House of

Representatives or an employee of such a

Member in the Member’s home State before

the adoption of reasonable limitations by the

Committee on Standards of Official Conduct

shall be the rules in effect on the day before

the effective date of this title.

SEC. ll04. EXERCISE OF CONGRESSIONAL

RULEMAKING POWERS.

Sections ll01, ll02, and ll03 (c) and

(d) are enacted by Congress—

(1) as an exercise of the rulemaking power

of the Senate and the House of Representatives, respectively, and accordingly, they

shall be considered as part of the rules of

each House, respectively, or of the House to

which they specifically apply, and such rules

shall supersede other rules only to the extent that they are inconsistent therewith;

and

(2) with full recognition of the constitutional right of either House to change such

rules (insofar as they relate to that House)

at any time and in the same manner and to

the same extent as in the case of any other

rule of that House.

Mr. WELLSTONE. Mr. President, as I

promised I would do several weeks ago,

today I am submitting, on behalf of

myself, Senators FEINGOLD, LAUTENBERG, and BAUCUS, the tough, comprehensive gift ban that some of us

have been pushing for over 2 years.

These are exactly the same gift ban

provisions that were developed last

year by House-Senate conferees, but

that were blocked at the end of last

Congress, and again at the beginning of

this Congress, by opponents of reform.

They are the same gift ban provisions

that were contained in last year’s conference report on S. 349, the Lobbying

Disclosure Act. So that there is no confusion, let me repeat that: these are exactly the same gift ban provisions that

were contained in the conference report on the Lobbying Disclosure Act

last year, and that have been supported

by the vast majority of Democrats and

Republicans on this Senate floor last

year.

I do not need to rehearse the long

history on this legislation, which made

an arduous journey, with many twists

and turns, through both houses of Congress last year, and through a HouseSenate conference committee, only to

be stopped by a Senate filibuster at the

end of the 103d Congress. I intend to

continue to press it forward, and I also

intend to support efforts to enact

promptly the lobbying disclosure bill

to which this gift ban was attached in

the last Congress. I believe that because the registration bill contains

tighter definitions of who exactly is a

lobbyist than current law, and actually

imposes sanctions against representatives of special interests who fail to

comply with the new rules, they work

most effectively in tandem. But I also

believe that because there will likely

again be attempts to direct seemingly

high-minded, though false, criticisms

against the purported ‘‘chilling effect’’

on lobbying of the lobbying disclosure

bill—a charge that is preposterous on

its face, since the bill simply requires

paid, professional lobbyists to register,

it doesn’t limit their activity—there

should be another straight up or down

debate and vote on the gift ban itself.

These attacks, as they did last year,

could come from the lobbying community, from right-wing radio talk show

hosts, and others, even though the language which they claimed to be concerned about had been deleted altogether from the bill. I urge my colleagues to support both without weakening changes.

Today I am filing the gift ban as a

proposed amendment to S. 652, the telecommunications legislation that is

currently pending on the Senate Calendar. This has been one of the most

heavily lobbied pieces of legislation in

recent memory, from all sides, so it is

appropriate that this be a vehicle for

the gift ban—and perhaps also for the

lobbying disclosure legislation to

which it was attached last year.

I intend to bring the gift ban amendment to a vote in the Senate soon after

we turn to this bill. If the Senate does

not soon turn to the telecommunications bill, then I intend to continue

to survey other appropriate vehicles

for such an amendment. I suspect that

the decision not to turn the telecommunications bill immediately following the budget resolution might

have been affected by our decision to

move forward now on the gift ban legislation as a proposed amendment to it.

But whatever the vehicle, I intend at

the very least to prompt a full and

thorough debate on this issue, and I

hope to get it voted on soon.

I hope that this time, unlike in January, the Majority Leader and my colleagues on the other side of the aisle

will support this important legislation,

as they publicly indicated they would

do last year. In fact, last year 37 Republicans cosponsored these same gift

ban provisions, but then proceeded to

vote against them in January, after an

indication from the Majority Leader

that he intended to deal with this issue

on the Senate floor this month.

Americans are watching closely to

see if the new majority in Congress delivers on its promise of reforms. So far,

they have not. This should not come as

a surprise, since these were the same

people who blocked major reform last

year in each of these areas, solely out

of a political concern that Democrats

might get some credit for cleaning up

Washington. Their reform promises

have rung hollow all the way along,

and they ring hollow today.

In a recent editorial the Washington

Post again challenged the new congressional majority to enact a number of

tough, sweeping political reform measures that have been opposed by congressional incumbents and bogged

down for a number of years. They observed that the simplest and most

straightforward of these reforms is legislation to impose a tough, sweeping

ban on the gifts, meals, vacation travel

and other perks—the same provisions

that were killed at the end of the last

Congress.

The President is prepared to sign this

bill now, and I think we could and

should have it on his desk within a few

weeks. The President called for lobbying reform and a gift ban in his State

of the Union Address, and yet my colleagues in the majority have blocked

our bill and put forward no alternative.

As I observed 2 weeks ago on this floor,

our majority colleagues, frozen like

deer in headlights, refuse to move forward on the gift ban. Enthusiastic

about slashing free or reduced-price

lunches for children, opponents wither

when it comes to eliminating free

lunches for Members of Congress. This

bitter irony has not been lost on the

American people. Passing the gift ban,

and tough new lobby disclosure rules
S6936 CONGRESSIONAL RECORD — SENATE May 18, 1995

developed in tough bipartisan negotiations last year led by Senator LEVIN, is

one of the best ways we have to begin

to restore the confidence of Americans

in the integrity of the legislative process.

It is long past time for enactment of

this gift ban. This amendment would

help to significantly change the Washington culture of special interest

perks, favors, meals, travel, and gifts

being provided to Members of Congress.

There is no doubt that these kinds of

gifts and other favors from lobbyists

have contributed to Americans deepening distrust of government. They give

the appearance of special access and influence, eroding public confidence in

Congress as an institution and in each

Member individually as a representative of his or her constituents.

This legislation imposes a sweeping

ban on gifts, meals, entertainment and

lobbyist-sponsored vacation travel, and

imposes tough new restrictions on nonlobbyists. It should be passed and enacted this month, if necessary over the

objections of those would-be reformers

who have talked so much about reform

out of one side of their mouths, while

opposing it out of the other.

I point out again that these are the

same provisions that were opposed by

the Majority Leader when we offered

them as an amendment to the Congressional Accountability Act in January.

At that time, the Majority Leader indicated that he intended to have an alternative gift ban bill on the floor in

May. Now it is well into May, and

nothing has happened.

No hearings have been held, no bills

have been introduced, nothing on gift

reform is scheduled for floor consideration anytime soon. In the other body,

it is basically the same story. The

question today is: Where is the Majority Leader and where are the Republicans with their version of gift reform?

Since 37 of them, including the Majority Leader, already cosponsored, at the

end of last year, the same provisions

that we offered in January, and will

offer again soon to an appropriate vehicle here on the floor, what changes do

they intend to try to make in the bill?

Do they again intend, as some did

last year, to try to gut the provisions

on charitable vacation travel to golf

and tennis hotspots like Vail, Aspen,

Florida, or the Bahamas, where Members and their families are wined and

dined at the expense of lobbyists and

major corporations? I hope not, but I

expect that such an attempt will be

made.

Do they again intend to try to hollow

out gift ban reforms by just slightly

lowering the existing thresholds for expensive meals, sports tickets, and

other gifts paid for by special interests

here in Washington, so they can say

they are for reform? Again, I hope not,

but is possible.

Do they really intend in this climate

to try to stall their way through another Congress, or worse to sneak

something through Congress that’s not

real reform? I hope not, and I will do

everything I can to make sure that

doesn’t happen.

It is not by change that the so-called

‘‘Contract with America’’ contains not

a word about real reforms like these

that would clean up the way Washington works. It is because there is seemingly no commitment to the real reform agenda of campaign reform, lobby

reform, and the gift ban on the part of

the new Congressional majority. In the

other body, proponents of the gift ban

announced recently that they have

again been forced to resort to complex

procedural strategies to circumvent

the normal committee process by trying to discharge gift ban legislation, in

order to even get a vote on it in that

body.

The real standard for gift ban reform

is the tight, tough bill that Senator

LEVIN and I and others put forward in

January, the same provisions as were

contained in last year’s House-Senate

conference report which after months

of struggling had been supported by

overwhelming bipartisan majorities in

both houses—until push came to shove

at the end of the Congress and the bill

was killed in the face of a massive

disinformation campaign by the Republican leadership and their friends in the

right-wing talk show circuit.

In the past there have been those on

both sides of the aisle who have opposed a ban of gifts and other perks.

But in the end, overwhelming majorities of both parties have voted for this

legislation. And overwhelming majorities would support it again. We have

waited over two years for a bill that

should have taken us two weeks to

enact into law. I intend to fight to

make sure this bill is enacted into law

this year.

Since it was decided that Members

and the Ethics Committee would have

needed some time to digest these new

rules, last year’s bill would not have

become effective until the end of this

month. There is no good reason that we

cannot have new rules in place to meet

the deadline. As those of us who have

pushed this issue forward for two years

said before the congressional recess, we

are tired of waiting. The American people are tired of waiting. It is long past

time to act on tough new gift reforms.

The Senate should act, now, on

tough, sweeping gift ban reforms. And

we should follow it up with comprehensive lobbying registration and campaign finance laws. That is the real reform agenda. That is what Americans

are really looking for as they press for

changes that will clean up Washington.

I urge my colleagues to support this

legislation, and I invite them to cosponsor our amendment which embodies a tough gift ban bill when it

comes to the floor.

Mr. FEINGOLD. Mr. President, I

would like to commend the Senator

from Minnesota for his persistence on

this issue and join with him in once

again pointing out the need for legislation that will fundamentally reform

the way Congress deals with the thousands and thousands of gifts and other

perks that are offered to Members each

year from individuals, lobbyists and associations that seek special access and

influence on Capitol Hill.

It has been roughly one year since

this body approved a strong, bipartisan

gift ban bill by a vote of 95 to 4. 95 to

4. That bill would have strictly limited

the acceptance of gifts from lobbyists

and provided only a few limited exceptions for non-lobbyists. One would

think, that on a 95 to 4 vote, that this

body, invigorated by the new Republican leadership supposedly determined

to change the way Washington does

business and to bring government back

to the people, would have no problem

raising this issue in the new Congress

and passing another strong bipartisan

piece of legislation.

But here we are, several months into

the new Congress, and still no action

from the Republican leadership.

Perhaps some of our Republican colleagues feel that there is not really a

problem with gift-giving to elected officials and their staffs.

Maybe they feel that the American

people really do have faith and trust in

their government and their elected officials.

But the fact is, once you leave the

greater Washington area, you cannot

help but immediately sense the anger

and the cynicism with which the American people have come to look upon

this institution. They do not see the

beltway as a simple road encircling

this city—they have come to see it almost as a boundary separating the rest

of America from a kingdom of special

interest influence known as Washington, D.C.

Mr. President, I firmly believe that

there should not be an easier vote to

cast than a vote to ban the gift-giving

practice. I have said before that this

should be a no-brainer. I have held

nearly 175 listening sessions in my

home State of Wisconsin in the past 21⁄2

years. Thousands of constituents have

raised their concerns and expressed

their views on a wide spectrum of issues at these listening sessions. There

is almost always disagreement about

these issues, whether it is government

spending, trade agreements, gun control or reforming our health and welfare systems.

But on this issue of gift-giving, the

audience sentiment is almost always in

perfect unanimity. They are disgusted

that this practice is permitted. Without exception, every time I raise the

idea of a gift ban I cannot even get a

full sentence out before the audience

breaks out in spontaneous applause

and approval of free gifts and trips.

I have said it now a number of times

here on the floor and I will say it

again: the Wisconsin State Legislature

has had a strict gift prohibition in

place for over 20 years now and it has

worked fine. In fact, the Wisconsin

Legislature is regarded as one of the

most ethical legislative bodies in the
May 18, 1995 CONGRESSIONAL RECORD — SENATE S6937

country. And as has been pointed out

by my former colleague in the Senate,

Congressman TOM BARRETT, no one in

the Wisconsin State Legislature has

starved to death because of the gift

ban.

Well, Mr. President, there are several

of us who are determined to bring this

practice to an end. Acting on a tough

gift ban will fundamentally reform the

way Congress deals with the many gifts

and other perks that are offered to

members each year, and would mark a

sea change in the way Washington,

D.C. does business.

But we need to do more than simply

pass though gift ban legislation. We

need to strengthen our current lobbying disclosure laws that are riddled

with gaping loopholes. We need to shut

down the revolving door that allows

public officials to trade on their government experience and contracts for

lucrative post-employment in the private sector.

But most importantly, Mr. President,

most importantly we need to pass comprehensive campaign finance reform

that will level the playing field between incumbents and challengers, and

diminish the role of special interest

money that has come to dominate our

election system. It is my sincere hope

that this body will begin this process of

reform by acting on this measure at

the earliest possibility.

These are all links in a chain of special interest influence that is wrapped

around the U.S. Capitol. Each link of

the chain must be broken and this

would mark a dramatic first step.

CONGRESSIONAL BUDGET

RESOLUTION

f

DOMENICI AMENDMENT NO. 1111

Mrs. HUTCHISON (for Mr. DOMENICI)

proposed an amendment to the concurrent resolution (S. Con. Res. 13) concurrent resolution setting forth the

congressional budget for the U.S. Government for the fiscal years 1996, 1997,

1998, 1999, 2000, 2001, and 2002; as follows:

Strike all after the resolving clause and insert the following:

SECTION 1. CONCURRENT RESOLUTION ON THE

BUDGET FOR FISCAL YEAR 1996.

(a) DECLARATION.—The Congress determines and declares that this resolution is

the concurrent resolution on the budget for

fiscal year 1996, including the appropriate

budgetary levels for fiscal years 1997, 1998,

1999, and 2000, as required by section 301 of

the Congressional Budget Act of 1974.

(b) TABLE OF CONTENTS.—The table of contents for this concurrent resolution is as follows:

Sec. 1. Concurrent resolution on the budget

for fiscal year 1996.

Sec. 2. Recommended levels and amounts.

Sec. 3. Debt increase.

Sec. 4. Social Security.

Sec. 5. Major functional categories.

TITLE I—LEVELS AND AMOUNTS

SEC. 2. RECOMMENDED LEVELS AND AMOUNTS.

The following budgetary levels are appropriate for the fiscal years 1997, 1998, 1999, and

2000:

(1) FEDERAL REVENUES.—(A) For purposes

of the enforcement of this resolution—

(i) The recommended levels of Federal revenues are as follows:

Fiscal year 1996: $1,040,900,000,000.

Fiscal year 1997: $1,072,200,000,000.

Fiscal year 1998: $1,122,400,000,000.

Fiscal year 1999: $1,172,900,000,000.

Fiscal year 2000: $1,226,000,000,000.

(ii) The amounts by which the aggregate

levels of Federal revenues should be increased are as follows:

Fiscal year 1996: $2,100,000,000.

Fiscal year 1997: $11,300,000,000.

Fiscal year 1998: $12,600,000,000.

Fiscal year 1999: $14,600,000,000.

Fiscal year 2000: $20,200,000,000.

(iii) The amounts for Federal Insurance

Contributions Act revenues for hospital insurance within the recommended levels of

Federal revenues are as follows:

Fiscal year 1996: $103,800,000,000.

Fiscal year 1997: $109,000,000,000.

Fiscal year 1998: $114,900,000,000.

Fiscal year 1999: $120,700,000,000.

Fiscal year 2000: $126,900,000,000.

(B) For purposes of section 710 of the Social Security Act (excluding the receipts and

disbursements of the Hospital Insurance

Trust Fund)—

(i) The recommended levels of Federal revenues are as follows:

Fiscal year 1996: $937,100,000,000.

Fiscal year 1997: $963,200,000,000.

Fiscal year 1998: $1,007,500,000,000.

Fiscal year 1999: $1,052,200,000,000.

Fiscal year 2000: $1,099,100,000,000.

(ii) The amounts by which the aggregate

levels of Federal revenues should be reduced

are as follows:

Fiscal year 1996: $2,100,000,000.

Fiscal year 1997: $11,300,000,000.

Fiscal year 1998: $12,600,000,000.

Fiscal year 1999: $14,600,000,000.

Fiscal year 2000: $20,200,000,000.

(2) NEW BUDGET AUTHORITY.—(A) For purposes of comparison with the maximum deficit amount under sections 601(a)(1) and 606 of

the Congressional Budget Act of 1974 and for

purposes of the enforcement of this resolution, the appropriate levels of total new

budget authority are as follows:

Fiscal year 1996: $1,337,500,000,000.

Fiscal year 1997: $1,385,100,000,000.

Fiscal year 1998: $1,454,200,000,000.

Fiscal year 1999: $1,520,200,000,000.

Fiscal year 2000: $1,600,600,000,000.

(B) For purposes of section 710 of the Social Security Act (excluding the receipts and

disbursements of the Hospital Insurance

Trust Fund), the appropriate levels of total

new budget authority are as follows:

Fiscal year 1996: $1,230,700,000,000.

Fiscal year 1997: $1,267,400,000,000.

Fiscal year 1998: $1,325,100,000,000.

Fiscal year 1999: $1,378,700,000,000.

Fiscal year 2000: $1,446,700,000,000.

(3) BUDGET OUTLAYS.—(A) For purposes of

comparison with the maximum deficit

amount under sections 601(a)(1) and 606 of

the Congressional Budget Act of 1974 and for

purposes of the enforcement of this resolution, the appropriate levels of total budget

outlays are as follows:

Fiscal year 1996: $1,325,500,000,000.

Fiscal year 1997: $1,385,900,000,000.

Fiscal year 1998: $1,441,800,000,000.

Fiscal year 1999: $1,520,500,000,000.

Fiscal year 2000: $1,601,300,000,000.

(B) For purposes of section 710 of the Social Security Act (excluding the receipts and

disbursements of the Hospital Insurance

Trust Fund), the appropriate levels of total

budget outlays are as follows:

Fiscal year 1996: $1,219,000,000,000.

Fiscal year 1997: $1,266,200,000,000.

Fiscal year 1998: $1,310,700,000,000.

Fiscal year 1999: $1,377,700,000,000.

Fiscal year 2000: $1,445,300,000,000.

(4) DEFICITS.—(A) For purposes of comparison with the maximum deficit amount under

sections 601(a)(1) and 606 of the Congressional

Budget Act of 1974 and for purposes of the enforcement of this resolution, the amounts of

the deficits are as follows:

Fiscal year 1996: $284,600,000,000.

Fiscal year 1997: $313,700,000,000.

Fiscal year 1998: $319,400,000,000.

Fiscal year 1999: $347,600,000,000.

Fiscal year 2000: $375,300,000,000.

(B) For purposes of section 710 of the Social Security Act (excluding the receipts and

disbursements of the Hospital Insurance

Trust Fund), the amounts of the deficits are

as follows:

Fiscal year 1996: $281,900,000,000.

Fiscal year 1997: $303,000,000,000.

Fiscal year 1998: $303,200,000,000.

Fiscal year 1999: $325,500,000,000.

Fiscal year 2000: $346,200,000,000.

(5) PUBLIC DEBT.—The appropriate levels of

the public debt are as follows:

Fiscal year 1996: $3,851,500,000,000.

Fiscal year 1997: $4,109,500,000,000.

Fiscal year 1998: $4,372,300,000,000.

Fiscal year 1999: $4,658,300,000,000.

Fiscal year 2000: $4,964,600,000,000.

(6) DIRECT LOAN OBLIGATIONS.—The appropriate levels of total new direct loan obligations are as follows:

Fiscal year 1996: $37,600,000,000.

Fiscal year 1997: $40,200,000,000.

Fiscal year 1998: $42,300,000,000.

Fiscal year 1999: $45,700,000,000.

Fiscal year 2000: $45,800,000,000.

(7) PRIMARY LOAN GUARANTEE COMMITMENTS.—The appropriate levels of new primary loan guarantee commitments are as

follows:

Fiscal year 1996: $193,400,000,000.

Fiscal year 1997: $187,900,000,000.

Fiscal year 1998: $185,300,000,000.

Fiscal year 1999: $183,300,000,000.

Fiscal year 2000: $184,700,000,000.

SEC. 3. DEBT INCREASE.

The amounts of the increase in the public

debt subject to limitation are as follows:

Fiscal year 1996: $5,252,300,000,000.

Fiscal year 1997: $5,627,200,000,000.

Fiscal year 1998: $6,006,900,000,000.

Fiscal year 1999: $6,404,800,000,000.

Fiscal year 2000: $6,823,200,000,000.

SEC. 4. SOCIAL SECURITY.

(a) SOCIAL SECURITY REVENUES.—For purposes of Senate enforcement under sections

302 and 311 of the Congressional Budget Act

of 1974, the amounts of revenues of the Federal Old-Age and Survivors Insurance Trust

Fund and the Federal Disability Insurance

Trust Fund are as follows:

Fiscal year 1996: $374,700,000,000.

Fiscal year 1997: $392,000,000,000.

Fiscal year 1998: $411,400,000,000.

Fiscal year 1999: $430,900,000,000.

Fiscal year 2000: $452,000,000,000.

(b) SOCIAL SECURITY OUTLAYS.—For purposes of Senate enforcement under sections

302 and 311 of the Congressional Budget Act

of 1974, the amounts of outlays of the Federal Old-Age and Survivors Insurance Trust

Fund and the Federal Disability Insurance

Trust Fund are as follows:

Fiscal year 1996: $299,400,000,000.

Fiscal year 1997: $310,900,000,000.

Fiscal year 1998: $324,600,000,000.

Fiscal year 1999: $338,500,000,000.

Fiscal year 2000: $353,100,000,000.