[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3177 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 3177

   To prohibit registered lobbyists from making gifts to Members of 
    Congress and to congressional employees, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 30, 2005

 Mr. George Miller of California introduced the following bill; which 
was referred to the Committee on the Judiciary, 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

_______________________________________________________________________

                                 A BILL


 
   To prohibit registered lobbyists from making gifts to Members of 
    Congress and to congressional employees, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Lobby Gift Ban Act of 2005''.

SEC. 2. PROHIBITION ON GIFTS BY REGISTERED LOBBYISTS TO MEMBERS OF 
              CONGRESS AND TO CONGRESSIONAL EMPLOYEES.

    (a) Prohibition.--
            (1) In general.--A registered lobbyist may not knowingly 
        make a gift to a Member, Delegate, Resident Commissioner, 
        officer, or employee of Congress except as provided in this 
        section.
            (2) Gift defined.--In this section, the term ``gift'' means 
        a 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.
            (3) Registered lobbyist defined.--In this section, the term 
        ``registered lobbyist'' means--
                    (A) a lobbyist registered under the Lobbying 
                Disclosure Act of 1995 (2 U.S.C. 1601 et seq.);
                    (B) a lobbyist who, as an employee of an 
                organization, is covered by the registration of that 
                organization under that Act; or
                    (C) an organization registered under that Act.
            (4) Gifts to family members and other individuals.--For the 
        purposes of this section, a gift to a family member of a 
        Member, Delegate, Resident Commissioner, officer, or employee 
        of Congress, or a gift to any other individual based on that 
        individual's relationship with the Member, Delegate, Resident 
        Commissioner, officer, or employee, shall be considered a gift 
        to the Member, Delegate, Resident Commissioner, officer, or 
        employee if the gift was given because of the official position 
        of the Member, Delegate, Resident Commissioner, officer, or 
        employee.
            (5) Exceptions.--The restrictions in paragraph (1) do not 
        apply to the following:
                    (A) Certain lawful political fundraising 
                activities.--A contribution, as defined in section 
                301(8) of the Federal Election Campaign Act of 1971 (2 
                U.S.C. 431) 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.
                    (B) Gift from a relative.--A gift from a relative 
                as described in section 109(16) of title I of the 
                Ethics in Government Act of 1978 (2 U.S.C. App. 
                109(16)).
                    (C) Employee benefits.--Pension and other benefits 
                resulting from continued participation in an employee 
                welfare and benefits plan maintained by a former 
                employer.
                    (D) Informational materials.--Informational 
                materials that are sent to the office of the Member, 
                Delegate, Resident Commissioner, officer, or employee 
                in the form of books, articles, periodicals, other 
                written materials, audiotapes, videotapes, or other 
                forms of communication.
                    (E) Items of nominal value.--An item of nominal 
                value such as a greeting card, baseball cap, or a T-
                shirt.
                    (F) Personal friendship.--
                            (i) In general.--Anything provided by an 
                        individual on the basis of a personal 
                        friendship unless the gift was given because of 
                        the official position of the Member, Delegate, 
                        Resident Commissioner, officer, or employee.
                            (ii) Circumstances.--In determining whether 
                        a gift is provided on the basis of personal 
                        friendship, the following circumstances shall 
                        be considered:
                                    (I) The history of the relationship 
                                between the Member, Delegate, Resident 
                                Commissioner, officer, or employee and 
                                the individual giving the gift, 
                                including any previous exchange of 
                                gifts between them.
                                    (II) Whether the individual who 
                                gave the gift personally paid for the 
                                gift or sought a tax deduction or 
                                business reimbursement for the gift.
                                    (III) Whether the individual who 
                                gave the gift also gave the same or 
                                similar gifts to other Members, 
                                Delegates, the Resident Commissioners, 
                                officers, or employees of Congress.
                    (G) Certain outside business or employment 
                activities provided to spouse.--Food, refreshments, 
                lodging, transportation, and other benefits provided to 
                the spouse of the Member, Delegate, Resident 
                Commissioner, officer, or employee, resulting from the 
                outside business or employment activities of the spouse 
                or in connection with bona fide employment discussions 
                with respect to the spouse, if such benefits have not 
                been offered or enhanced because of the official 
                position of the Member, Delegate, Resident 
                Commissioner, officer, or employee and are customarily 
                provided to others in similar circumstances.
                    (H) Opportunities and benefits unrelated to 
                congressional employment.--Opportunities and benefits 
                that are offered to members of a group or class in 
                which membership is unrelated to congressional 
                employment.
                    (I) Certain foods or refreshments.--Food or 
                refreshments of a nominal value offered other than as a 
                part of a meal.
    (b) Penalty.--Any registered lobbyist who violates this section 
shall be subject to a civil fine of not more than $50,000, depending on 
the extent and gravity of the violation.

SEC. 3. PROHIBITION ON MEMBERS ACCEPTING GIFTS FROM LOBBYISTS.

    Clause 5(a)(1)(A) of rule XXV of the Rules of the House of 
Representatives is amended by adding at the end the following new 
sentence: ``Notwithstanding any other provision of this clause, in no 
event may a Member, Delegate, or Resident Commissioner accept a gift 
from a registered lobbyist prohibited by section 2 of the Lobby Gift 
Ban Act of 2005.''.
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