[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 66 Introduced in House (IH)]







104th CONGRESS
  1st Session
H. RES. 66

 To amend the Rules of the House of Representatives to ban gifts, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 8, 1995

   Mrs. Smith of Washington (for herself, Mr. Brownback, Mr. Fox of 
Pennsylvania, Mr. Chrysler, Mr. Weldon of Florida, Mr. Hostettler, and 
Mr. Metcalf) submitted the following resolution; which was referred to 
the Committee on Standards of Official Conduct and, in addition, to the 
 Committee on Rules, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                               RESOLUTION


 
 To amend the Rules of the House of Representatives to ban gifts, and 
                          for other purposes.

    Resolved, 

SECTION 1. SHORT TITLE.

    This resolution may be cited as the ``Clean Government Resolution 
of 1995''.

SEC. 2. GIFT BAN.

    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 may accept a gift, 
whether made directly or indirectly, from anyone.
    ``(2) For purposes of this Rule, the following are not defined 
gifts subject to the prohibition in subparagraph (1):
            ``(A) Gifts from a relative, including a fiancee.
            ``(B) A gift given by an individual which is motivated by a 
        personal friendship rather than the position of the Member, 
        officer, or employee. In determining if a gift is motivated by 
        a personal friendship, the history of the relationship shall be 
        considered and whether the gift giver personally paid for the 
        gift. If the gift exceeds $250, the Committee on Standards of 
        Official Conduct must grant a waiver.
            ``(C) Gifts of personal hospitality from an individual, not 
        a corporation or organization, for a non-business purpose on 
        facilities owned by that individual or the individual's family.
            ``(D) Anything for which the recipient pays the market 
        value or does not use and promptly returns to the donor.
            ``(E) Items of little intrinsic value.
            ``(F) Bequests, inheritances, and other transfers at death.
            ``(G) Political contributions as defined by the Federal 
        Election Commission and otherwise reported as required by law.
            ``(H) Food, lodging, transportation, and entertainment 
        provided on an official basis by Federal, State, and local 
        governments or political subdivisions thereof.
            ``(I) Informational materials sent to a Member's office, 
        including newspapers, magazines and other periodicals, books, 
        audio tapes, videotapes, and other forms of communication.
            ``(J) Nonmonetary awards, trophies, mementos, or honorary 
        degrees presented to a Member, officer, or employee.
            ``(K) Consumable products provided to a Member's office by 
        a home-State business which are primarily intended for 
        consumption by persons other than the Member or staff.
            ``(L) Awards and prizes given to competitors in contests or 
        events open to the public, including random drawings.
            ``(M) Opportunities and benefits which are available to the 
        public or to Federal employees.
            ``(N) Opportunities and benefits offered to members of a 
        group or class in which membership is unrelated to 
        Congressional employment.
            ``(O) Opportunities and benefits based on outside business 
        or employment activities which it is clear that such 
        opportunities and benefits have not been offered or enhanced 
        because of a Member's, officer's, or employee's official 
        status.
    ``(b)(1) No Member, officer or employee may accept payment or 
reimbursement for meals or entertainment.
    ``(2) For purposes of this Rule, the following are not meals or 
entertainment subject to the prohibition in subparagraph (1):
            ``(A) Meals and entertainment provided by a relative, 
        including a fiancee.
            ``(B) Meals or entertainment or both from a friend, given 
        under circumstances which make it clear that the meal or 
        entertainment is provided based on a personal friendship rather 
        than the position of the Member, officer, or employee. Relevant 
        factors in making such a determination include the history of 
        the relationship and whether the friend personally pays for the 
        meal or entertainment.
            ``(C) Meals, food, and entertainment provided at widely 
        attended gatherings, including conventions, charity events, 
        conferences, symposiums, retreats, dinners, receptions, 
        viewings, or similar events if the meals, food, and 
        entertainment are not solicited by the Member, officer, or 
        employee.
    ``(c)(1) No Member, officer, or employee may accept payment or 
reimbursement for travel expenses (including associated transportation, 
lodging, or entertainment) from anyone (including a foreign government 
in a foreign country) unless such travel expenses were paid by a 
relative or personal friend.''.

SEC. 3. SANCTION.

    Clause 4(e)(1)(B) of Rule X of the Rules of the House of 
Representatives is amended by inserting before the semicolon the 
following: ``except that if a Member, officer, or employee violated 
clause 4 of Rule XLIII, such Member, officer, or employee shall be 
subject to disciplinary action by the committee, including a fine of a 
value not less than the value of the gift, meals, food, and 
entertainment, or travel expenses received in violation of such clause 
and of a value not to exceed three times the value of such gift, meals, 
food, and entertainment, or travel expenses''.
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