[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 250 Engrossed in House (EH)]


                 In the House of Representatives, U.S.,

                                                     November 16, 1995.
    Resolved,

SECTION 1. AMENDMENT TO HOUSE RULES.

    Rule LII of the Rules of the House of Representatives is amended to read as 
follows:

                                   ``Rule LII

                                   ``gift rule

    ``1. (a) No Member, officer, or employee of the House of Representatives 
shall knowingly accept a gift except as provided in this rule.
    ``(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) A gift to a family member 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.
    ``(B) If food or refreshment is provided at the same time and place to both 
a Member, officer, or employee and the spouse or dependent thereof, only the 
food or refreshment provided to the Member, officer, or employee shall be 
treated as a gift for purposes of this rule.
    ``(c) The restrictions in paragraph (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 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, 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 friendship.
            ``(B) In determining whether a gift is provided on the basis of 
        personal friendship, the Member, 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, 
                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, 
                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) Except as provided in clause 3(c), 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 in accordance with 
        the restrictions and disclosure requirements of the Committee on 
        Standards of Official Conduct.
            ``(6) Any gift from another Member, 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, 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).
            ``(12) 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.
            ``(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 an individual other than a 
        registered lobbyist or agent of a foreign principal.
            ``(17) Free attendance at a widely attended event permitted pursuant 
        to paragraph (d).
            ``(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.
            ``(21) Food or refreshments of a nominal value offered other than as 
        a part of a meal.
    ``(d)(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 
subparagraph (1) may accept a sponsor's unsolicited offer of free attendance at 
the event for an accompanying individual.
    ``(3) 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, nor does 
it include 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 friendship exception in paragraph 
(c)(4) unless the Committee on Standards of Official Conduct issues a written 
determination that such exception applies. No determination under this paragraph 
is required for gifts given on the basis of the family relationship exception.
    ``(f) 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.
    ``2. (a)(1) A reimbursement (including payment in kind) to a Member, 
officer, or employee from a private source other than a registered lobbyist or 
agent of a foreign principal 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 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 Clerk of the House of Representatives within 30 
        days after the travel is completed.
    ``(2) For purposes of paragraph (a)(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 paragraph (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 paragraph 
        (d); 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 clause, the term `necessary transportation, 
lodging, and related expenses'--
            ``(1) includes reasonable expenses that are necessary for travel for 
        a period not exceeding 4 days within the United States or 7 days 
        exclusive of travel time outside of the United States unless approved in 
        advance by the Committee on Standards of Official Conduct;
            ``(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 subparagraph 
        (1);
            ``(3) does not include expenditures for recreational activities, nor 
        does it include entertainment other than that provided to all attendees 
        as an integral part of the event, except for activities or entertainment 
        otherwise permissible under this rule; and
            ``(4) may include travel expenses incurred on behalf of either the 
        spouse or a child of the Member, officer, or employee.
    ``(e) The Clerk of the House of Representatives shall make available to the 
public all advance authorizations and disclosures of reimbursement filed 
pursuant to paragraph (a) as soon as possible after they are received.
    ``3. A gift prohibited by clause 1(a) includes the following:
            ``(a) Anything provided by a registered lobbyist or an agent of a 
        foreign principal to an entity that is maintained or controlled by a 
        Member, officer, or employee.
            ``(b) A charitable contribution (as defined in section 170(c) of the 
        Internal Revenue Code of 1986) made by a registered 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), other than a charitable contribution permitted by 
        clause 4.
            ``(c) A contribution or other payment by a registered lobbyist or an 
        agent of a foreign principal to a legal expense fund established for the 
        benefit of a Member, officer, or employee.
            ``(d) A financial contribution or expenditure made by a registered 
        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.
    ``4. (a) A charitable contribution (as defined in section 170(c) of the 
Internal Revenue Code of 1986) made by a registered lobbyist or an agent of a 
foreign principal in lieu of an honorarium to a Member, officer, or employee 
shall not be considered a gift under this rule if it is reported as provided in 
paragraph (b).
    ``(b) A Member, officer, or employee who designates or recommends a 
contribution to a charitable organization in lieu of honoraria described in 
paragraph (a) shall report within 30 days after such designation or 
recommendation to the Clerk of the House of Representatives--
            ``(1) the name and address of the registered lobbyist who is making 
        the contribution in lieu of honoraria;
            ``(2) the date and amount of the contribution; and
            ``(3) the name and address of the charitable organization designated 
        or recommended by the Member.
The Clerk of the House of Representatives shall make public information received 
pursuant to this paragraph as soon as possible after it is received.
    ``5. For purposes of this rule--
            ``(a) the term `registered lobbyist' means a lobbyist registered 
        under the Federal Regulation of Lobbying Act or any successor statute; 
        and
            ``(b) the term `agent of a foreign principal' means an agent of a 
        foreign principal registered under the Foreign Agents Registration Act.
    ``6. All the provisions of this rule shall be interpreted and enforced 
solely by the Committee on Standards of Official Conduct. The Committee on 
Standards of Official Conduct is authorized to issue guidance on any matter 
contained in this rule.''.

SEC. 2. ACCEPTANCE OF GIFTS BY THE COMMITTEE ON HOUSE OVERSIGHT.

    Clause 4(d) of rule X of the Rules of the House of Representatives is 
amended by striking ``and'' at the end of subparagraph (1), by striking the 
period at the end of subparagraph (2) and inserting ``; and'', and by adding 
after subparagraph (2) the following:
            ``(3) accepting a gift, other than as otherwise provided by law, if 
        the gift does not involve any duty, burden, or condition, or is not made 
        dependent upon some future performance by the House of Representatives 
        and promulgating regulations to carry out this paragraph.''.

SEC. 3. EFFECTIVE DATE.

    This resolution and the amendment made by this resolution shall take effect 
on and be effective for calendar years beginning on January 1, 1996.
            Attest:

                                                                          Clerk.