(b) RELATIONSHIP TO ILLEGAL GRATUITIES STAT-
UTE.—Unless accepted in violation of subsection (c)(1),
a gift accepted under the standards set forth in this Act
shall not constitute an illegal gratuity otherwise prohibited
by section 201(c)(1)(B) of title 18, United States Code.
(c) LIMITATIONS ON USE OF EXCEPTIONS.—A Mem-
ber or employee shall not—
(1) accept a gift in return for being influenced
in the performance of an official act;
(2) solicit or coerce the offering of a gift;
(3) accept gifts from the same or different
sources on a basis so frequent that a reasonable per-
son would be led to believe the Member or employee
is using his public office for private gain;
(4) accept a gift in violation of any statute; or
(5) accept vendor promotional training contrary
to any applicable regulations, policies, or guidance
relating to the procurement of supplies and services
for the Congress.
SEC. 3. DEFINITIONS.
For purposes of this Act—
(1) EMPLOYEE.—The term ‘‘employee’’ means
an employee of the legislative branch.
(2) GIFT.—The term ‘‘gift’’ includes any gratu-
ity, favor, discount, entertainment, hospitality, loan,
forbearance, or other item having monetary value. It
includes services as well as gifts of training, trans-
portation, local travel, lodgings and meals, whether
provided in-kind, by purchase of a ticket, payment in
advance, or reimbursement after the expense has
been incurred. It does not include—
(A) modest items of food and refresh-
ments, such as soft drinks, coffee, and donuts,
offered other than as part of a meal;
(B) greeting cards and items with little in-
trinsic value, such as plaques, certificates and
trophies, which are intended solely for presen-
tation;
(C) loans from banks and other financial
institutions on terms generally available to the
public;
(D) opportunities and benefits, including
favorable rates and commercial discounts, avail-
able to the public or to a class consisting of all
Government employees, whether or not re-
stricted on the basis of geographic consider-
ations;
(E) rewards and prizes given to competi-
tors in contests or events, including random
drawings, open to the public unless the Mem-
ber’s or employee’s entry into the contest or
event is required as part of his official duties;
(F) pension and other benefits resulting
from continued participation in a Member or
employee welfare and benefits plan maintained
by a former employer;
(G) anything which is paid for by the Gov-
ernment or secured by the Government under
Government contract;
(H) any gift accepted by the Congress
under specific statutory authority;
(I) anything for which the market value is
paid by the Member or employee; and
(J) any books, written materials, audio
tapes, videotapes, or other informational mate-
rials.
(3) 
MARKET
VALUE.—The 
term 
‘‘market
value’’ means the retail cost the Member or em-
ployee would incur to purchase the gift. A Member
or employee who cannot ascertain the market value
of a gift may estimate the market value by reference
to the retail cost of similar items of like quality. The
market value of a gift of a ticket entitling the holder
to food, refreshments, entertainment, or any other
benefit shall be the face value of the ticket.
(4) MEMBER.—The term ‘‘Member’’ has the
meaning given such term in section 109(12) of the
Ethics in Government Act of 1978 (5 U.S.C. App.
6 sec. 109).
(5) SOLICITATION OR ACCEPTANCE.—(A) A gift
is solicited or accepted because of the Member’s or
employee’s official position if it is from a person
other than a Member or employee and if a reason-
able person with knowledge of all relevant facts
would conclude that it would not have been solicited,
offered, or given had the Member or employee not
held his position as a Member or employee.
(B) A gift which is solicited or accepted indi-
rectly includes a gift—
(i) given with the Member’s or employee’s
knowledge and acquiescence to his or her par-
ent, sibling, spouse, child, or dependent relative
if a reasonable person with knowledge of all rel-
evant facts would conclude that the gift was
given because of that person’s relationship to
the Member or employee; or
(ii) given to any other person, including
any charitable organization, on the basis of des-
ignation, recommendation, or other specification
by the Member or employee, except as per-
mitted for the disposition of perishable items by
section 5(a)(2).
(6) ETHICS
COMMITTEE.—The term Ethics
Committee with respect to the House means the
Committee on Standards of Official Conduct and
with respect to the Senate means the Select Com-
mittee on Ethics.
(7) VENDOR
PROMOTIONAL
TRAINING.—The
term ‘‘vendor promotional training’’ means training
provided by any person for the purpose of promoting
its products or services. It does not include training
provided under a congressional contract or by a con-
tractor to facilitate use of products or services it fur-
nishes under a congressional contract.
SEC. 4. EXCEPTIONS.
The prohibitions set forth in section 2 do not apply
to a gift accepted under the circumstances described in
paragraphs (1) through (9) of this section and a gift ac-
cepted in accordance with one of those paragraphs will not
be deemed to violate section 2 of this Act.
(1) GIFTS BASED ON A PERSONAL RELATION-
SHIP.—A Member or employee may accept a gift
given under circumstances which make it clear that
the gift is motivated by a family relationship or per-
sonal friendship rather than the position of the
Member or employee. Relevant factors in making
such a determination include the history of the rela-
tionship and whether the family member or friend
personally pays for the gift.
(2) DISCOUNTS
AND
SIMILAR
BENEFITS.—In
addition to those opportunities and benefits excluded
from the definition of a gift by section 3(2)(D), a
Member or employee may accept—
(A) reduced membership or other fees for
participation in organization activities offered
to all Government employees by professional or-
ganizations if the only restrictions on member-
ship relate to professional qualifications; and
(B) opportunities and benefits—
(i) offered to members of a group or
class in which membership is unrelated to
congressional employment; or
(ii) offered to members of an organi-
zation, such as an employees’ association
or congressional credit union, in which
membership is related to congressional em-
ployment if the same offer is broadly avail-
able to large segments of the public
through organizations of similar size.