[Congressional Bills 104th Congress]
[From the U.S. Government Printing 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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