I
103D CONGRESS
1ST SESSION
H. R. 2835
To limit the acceptance of gifts, meals, and travel by Members of Congress
and congressional staff, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
AUGUST 3, 1993
Ms. SHEPHERD (for herself, Mr. FINGERHUT, Mr. MANN, Ms. SCHENK, Ms.
CANTWELL, Mrs. MALONEY, Mr. BARRETT of Wisconsin, Mr. KLEIN, Mr.
BECERRA, Mr. SANDERS, and Mrs. CLAYTON) introduced the following
bill; which was referred jointly to the Committees on House Administra-
tion, the Judiciary, and Standards of Official Conduct
A BILL
To limit the acceptance of gifts, meals, and travel by Mem-
bers of Congress and congressional staff, and for other
purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Congressional Ethics
Reform Act of 1993’’.
SEC. 2. GENERAL STANDARDS.
(a) GENERAL PROHIBITIONS.—Except as otherwise
provided in this Act, a Member or employee shall not, di-
rectly or indirectly, solicit or accept a gift from any source.
(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.
(8) PERSONAL
HOSPITALITY
OF
AN
INDIVID-
UAL.—The term ‘‘personal hospitality of an individ-
ual’’ means personal hospitality for a non-business
purpose by an individual who is not a corporation or
organization on property or facilities owned by that
individual or the individual’s family and covers only
food and lodging. Such term does not apply if any
of the costs associated with the personal hospitality
could be deducted as a business expense or the indi-
vidual providing the personal hospitality is not
present.
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 (10) 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 OF $20 OR LESS.—A Member or em-
ployee may accept unsolicited gifts having an aggre-
gate market value of $20 or less per occasion, pro-
vided that the aggregate market value of individual
gifts received from any one person or entity under
the authority of this paragraph shall not exceed $50
in a calendar year. This exception does not apply to
gifts of cash or of investment interests such as
stock, bonds, or certificates of deposit. Where the
market value of a gift or the aggregate market value
of gifts offered on any single occasion exceeds $20,
the Member or employee may not pay the excess
value over $20 in order to accept that portion of the
gift or those gifts worth $20. Where the aggregate
value of tangible items offered on a single occasion
exceeds $20, the Member or employee may decline
any distinct and separate item in order to accept
those items aggregating $20 or less.
(2) 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.
(3) 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.
A Member or employee may not accept for personal
use any benefit to which the Government is entitled
as a result of an expenditure of Government funds.
(4) HONORARY DEGREES.—(A) A Member or
employee may accept an honorary degree from an in-
stitution of higher education (as defined in section
1141(a) of title 20, United States Code) based on a
written determination by the Ethics Committee that
the timing of the award of the degree would not
cause a reasonable person to question the Member’s
or employee’s impartiality in a matter affecting the
institution.
(B) A Member or employee who may accept an
honorary degree pursuant to subparagraph (A) may
also accept meals and entertainment given to him
and to members of his family at the event at which
the presentation takes place.
(5) GIFTS BASED ON OUTSIDE BUSINESS OR
EMPLOYMENT RELATIONSHIPS.—A Member or em-
ployee may accept meals, lodgings, transportation
and other benefits—
(A) resulting from the business or employ-
ment activities of a Member’s or employee’s
spouse when it is clear that such benefits have
not been offered or enhanced because of the
Member’s or employee’s official position; or
(B) resulting from his or her outside busi-
ness or employment activities when it is clear
that such benefits have not been offered or en-
hanced because of his or her official status.
(6) POLITICAL
EVENTS.—A Member or em-
ployee may accept meals, lodgings, transportation
and other benefits, including free attendance at
events, when provided in connection with active par-
ticipation in political management or political cam-
paigns by a political organization described in sec-
tion 527(e) of the Internal Revenue Code of 1986.
(7) WIDELY
ATTENDED
GATHERINGS
AND
OTHER EVENTS.—
(A) SPEAKING
AND
SIMILAR
ENGAGE-
MENTS.—When a Member or employee partici-
pates as a speaker or panel participant or oth-
erwise presents information related directly or
indirectly to the Congress or matters before the
Congress at a conference or other event, his or
her acceptance of an offer of free attendance at
the event on the day of the presentation is per-
missible when provided by the sponsor of the
event. The Member’s or employee’s participa-
tion in the event on that day represents a cus-
tomary and necessary part of the performance
of his or her responsibilities and does not in-
volve a gift to him or to the Congress.
(B) WIDELY ATTENDED GATHERINGS.—(i)
A Member or employee may accept a sponsor’s
unsolicited gift of free attendance at all or ap-
propriate parts of a widely attended gathering
in the area of the District of Columbia of mu-
tual interest to a number of parties. A gather-
ing is widely attended if, for example, it is open
to members from throughout a given industry
or profession or if those in attendance represent
a range of persons interested in a given matter.
(ii) A gathering is not widely attended if it
is a congressional retreat to which a majority of
Members of either House of Congress or the
majority of the Members of a political party in
one or both Houses are invited and which is
held outside the United States Capitol grounds.
(C) FREE ATTENDANCE.—For purposes of
subparagraphs (A) and (B), free attendance
may include waiver of all or part of a con-
ference or other fee or the provision of food, re-
freshments, entertainment, instruction and ma-
terials furnished to all attendees as an integral
part of the event. It does not include travel ex-
penses, lodgings, entertainment collateral to the
event, or meals taken other than in a group set-
ting with all other attendees.
(D) COST
PROVIDED
BY
SPONSOR
OF
EVENT.—The cost of the Member’s or employ-
ee’s attendance will not be considered to be pro-
vided by the sponsor where a person other than
the sponsor designates the Member or employee
to be invited and bears the cost of the Mem-
ber’s or employee’s attendance through a con-
tribution or other payment intended to facilitate
that Member’s or employee’s attendance. Pay-
ment of dues or a similar assessment to a spon-
soring organization does not constitute a pay-
ment intended to facilitate a particular Mem-
ber’s or employee’s attendance.
(E) ACCOMPANYING SPOUSE.—When oth-
ers in attendance will generally be accompanied
by spouses, a Member or employee may accept
a sponsor’s invitation to an accompanying
spouse to participate in all or a portion of the
event at which the Member’s or employee’s free
attendance is permitted under subparagraph
(A) or (B).
(8) ITEMS PRIMARILY FOR FREE DISTRIBUTION
TO
CONSTITUENTS.—A Member or employee may
accept food or other items of minimal value intended
primarily for free distribution to visiting constitu-
ents.
(9) PERSONAL
HOSPITALITY
OF
AN
INDIVID-
UAL.—No Member or employee may accept more
than 30 days of personal hospitality in a calendar
year without prior written waiver from the Ethics
Committee.
SEC. 5. PROPER DISPOSITION OF PROHIBITED GIFTS.
(a) IN GENERAL.—A Member or employee who has
received a gift that cannot be accepted under this Act
shall—
(1) return any tangible item to the donor or
pay the donor its market value (a Member or em-
ployee who cannot ascertain the actual market value
of an item may estimate its market value by ref-
erence to the retail cost of similar items of like
quality);
(2) when it is not practical to return a tangible
item because it is perishable, the item may be given
to an appropriate charity or destroyed;
(3) for any entertainment, favor, service, bene-
fit or other intangible, reimburse the donor the mar-
ket value (subsequent reciprocation by the employee
does not constitute reimbursement); and
(4) dispose of gifts from foreign governments or
international organizations in accordance with rules
established by the Ethics Committee.
(b) USE
OF APPROPRIATED FUNDS TO RETURN
GIFTS.—A Member or employee may use appropriated
funds and franked mail to return gifts.
(c) PROMPT COMPLIANCE.—A Member or employee
who, on his own initiative, promptly complies with the
requirements of this section will not be deemed to have