[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3140 Introduced in House (IH)]







104th CONGRESS
  2d Session
                                H. R. 3140

       To prohibit gifts by lobbyists to Members of the House of 
 Representatives, Senators, and officers and employees of the House of 
                    Representatives and the Senate.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 21, 1996

   Mr. Fox of Pennsylvania introduced the following bill; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
       To prohibit gifts by lobbyists to Members of the House of 
 Representatives, Senators, and officers and employees of the House of 
                    Representatives and the Senate.

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

SECTION 1. PROHIBITION ON GIFTS.

    (a) In general.--No lobbyist who is registered under section 4 may 
provide any gift to a Member of the House of Representatives, a 
Senator, or an officer or employee of the House of Representatives or 
the Senate unless the lobbyist is related to the Member, Senator, or 
officer or employee.
    (b) Definition.--
            (1) For the purpose of subsection (a), 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 a family member of a Member, a Senator, 
        officer, or employee, or a gift to any other individual based 
        on that individual's relationship with the Member, Senator, 
        officer, or employee, shall be considered a gift to the Member, 
        Senator, officer, or employee if it is given with the knowledge 
        and acquiescence of the Member, Senator, officer, or employee 
        and the Member, Senator, officer, or employee has reason to 
        believe the gift was given because of the official position of 
        the Member, Senator, officer, or employee.
            (3) If food or refreshment is provided at the same time and 
        place to both a Member, Senator, officer, or employee and the 
        spouse or dependent thereof, only the food or refreshment 
        provided to the Member, Senator, officer, or employee shall be 
        treated as a gift for purposes of subsection (a).
    (c) Exception.--The restrictions in subsection (a) shall not apply 
to the following:
            (1) Anything for which the Member, Senator, officer, or 
        employee pays the market value, or does not use and promptly 
        returns to the donor.
            (2) A contribution, as defined in section 301(8) of the 
        Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) 
        that is lawfully made under that Act, a lawful contribution for 
        election to a State or local government office, or attendance 
        at a fundraising event sponsored by a political organization 
        described in section 527(e) of the Internal Revenue Code of 
        1986.
            (3) A gift from a relative as described in section 109(16) 
        of title I of the Ethics in Government Act of 1978 (Public Law 
        95-521).
            (4)(A) Anything provided by an individual on the basis of a 
        personal friendship unless the Member, Senator, officer, or 
        employee has reason to believe that, under the circumstances, 
        the gift was provided because of the official position of the 
        Member, Senator, officer, or employee and not because of the 
        personal friendship.
            (B) In determining whether a gift is provided on the basis 
        of personal friendship, the Member, Senator, officer, or 
        employee shall consider the circumstances under which the gift 
        was offered, such as:
                    (i) The history of the relationship between the 
                individual giving the gift and the recipient of the 
                gift, including any previous exchange of gifts between 
                such individuals.
                    (ii) Whether to the actual knowledge of the Member, 
                Senator, officer, or employee the individual who gave 
                the gift personally paid for the gift or sought a tax 
                deduction or business reimbursement for the gift.
                    (iii) Whether to the actual knowledge of the 
                Member, Senator, officer, or employee the individual 
                who gave the gift also at the same time gave the same 
                or similar gifts to other Members, officers, or 
                employees.
            (5) A contribution or other payment to a legal expense fund 
        established for the benefit of a Member, Senator, officer, or 
        employee that is otherwise lawfully made in accordance with the 
        restrictions and disclosure requirements of the Committee on 
        Standards of Official Conduct of the House of Representatives 
        and the Select Committee on Ethics of the Senate.
            (6) Any gift from another Member, Senator, officer, or 
        employee of the Senate or the House of Representatives.
            (7) Food, refreshments, lodging, transportation, 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, Senator, 
                officer, or employee as an officeholder) of the Member, 
                Senator, officer, or employee, or the spouse of the 
                Member, Senator, officer, or employee, if such benefits 
                have not been offered or enhanced because of the 
                official position of the Member, Senator, 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, Senator, 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) Training (including food and refreshments furnished to 
        all attendees as an integral part of the training) provided to 
        a Member, Senator, officer, or employee, if such training is in 
        the interest of the House of Representatives or the Senate.
            (13) Bequests, inheritances, and other transfers at death.
            (14) 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.
            (15) Anything which is paid for by the Federal Government, 
        by a State or local government, or secured by the Government 
        under a Government contract.
            (16) A gift of personal hospitality (as defined in section 
        109(14) of the Ethics in Government Act of 1978) of an 
        individual other than a registered lobbyist or agent of a 
        foreign principal.
            (17) Free attendance at a widely attended event.
            (18) 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.
            (19) A plaque, trophy, or other item that is substantially 
        commemorative in nature and which is intended for presentation.
            (20) Anything for which, in an unusual case, a waiver is 
        granted by the Committee on Standards of Official Conduct of 
        the House of Representatives or the Select Committee on Ethics 
        of the Senate.
            (21) Food or refreshments of a nominal value offered other 
        than as a part of a meal.
                                 <all>