Text: H.Res.40 — 104th Congress (1995-1996)All Information (Except Text)

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Introduced in House (03/29/1995)

 
[Congressional Bills 104th Congress]
[From the U.S. Government Printing Office]
[H. Res. 40 Introduced in House (IH)]







104th CONGRESS
  1st Session
H. RES. 40

   To amend the Rules of the House of Representatives concerning the 
   receipt of gifts from lobbyists and other persons, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 19, 1995

Mr. Bryant of Texas (for himself, Mr. Bonior, Mr. Fazio, Mr. Obey, Mrs. 
   Schroeder, Mr. Miller of California, Mr. Peterson of Florida, Mr. 
 Barrett of Wisconsin, Ms. Kaptur, Mr. Durbin, Mr. Minge, Ms. DeLauro, 
  Mr. Kanjorski, and Mr. Schumer) 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

                             March 29, 1995

Additional sponsors: Mr. Baldacci, Mr. Becerra, Mr. Doggett, Ms. Eshoo, 
Mr. Gutierrez, Mrs. Kennelly, Ms. Lofgren, Mr. Mascara, Mr. Olver, Mr. 
 Reynolds, Ms. Rivers, Mr. Ward, Mr. Wise, Ms. Woolsey, Ms. McKinney, 
 Mr. Beilenson, Mr. Torres, Mr. Frost, Mr. Frank of Massachusetts, Mr. 
 Browder, Mr. Gene Green of Texas, Mr. Stupak, Mr. Meehan, Mr. Spratt, 
  Mr. Jacobs, Mr. Vento, Mr. Nadler, Ms. Harman, Mr. Poshard, and Mr. 
                        Johnson of South Dakota

_______________________________________________________________________

                               RESOLUTION


 
   To amend the Rules of the House of Representatives concerning the 
   receipt of gifts from lobbyists and other persons, and for other 
                               purposes.

    Resolved,

SECTION 1. GIFT AMENDMENTS.

    (a) Amendment.--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 of the House of 
Representatives shall accept a gift, knowing that such gift is provided 
directly or indirectly by a paid lobbyist, a lobbying firm (a person or 
entity that has 1 or more employees who are lobbyists on behalf of a 
client other than that person or entity), or an agent of a foreign 
principal (as defined in the Foreign Agents Registration Act of 1938).
    ``(2) The prohibition in subparagraph (1) includes the following:
            ``(A) Anything provided by a lobbyist or a foreign agent 
        which the Member, officer, or employee has reason to believe is 
        paid for, charged to, or reimbursed by a client or firm of such 
        lobbyist or foreign agent.
            ``(B) Anything provided by a lobbyist, a lobbying firm, or 
        a foreign agent to an entity that is maintained or controlled 
        by a Member, officer, or employee.
            ``(C) A charitable contribution (as defined in section 
        170(c) of the Internal Revenue Code of 1986) made by a 
        lobbyist, a lobbying firm, or a foreign agent 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).
            ``(D) A contribution or other payment by a lobbyist, a 
        lobbying firm, or a foreign agent to a legal expense fund 
        established for the benefit of a Member, officer, or employee.
            ``(E) A charitable contribution (as defined in section 
        170(c) of the Internal Revenue Code of 1986) made by a 
        lobbyist, a lobbying firm, or a foreign agent in lieu of an 
        honorarium to a Member, officer, or employee.
            ``(F) A financial contribution or expenditure made by a 
        lobbyist, a lobbying firm, or a foreign agent 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.
    ``(3) The following are not gifts subject to the prohibition in 
subparagraph (1):
            ``(A) Anything for which the recipient pays the market 
        value, or does not use and promptly returns to the donor.
            ``(B) A contribution, as defined in the Federal Election 
        Campaign Act of 1971 (2 U.S.C. 431 et seq.) that is lawfully 
        made under that Act, or attendance at a fundraising event 
        sponsored by a political organization described in section 
        527(e) of the Internal Revenue Code of 1986.
            ``(C) Food or refreshments of nominal value offered other 
        than as part of a meal.
            ``(D) Benefits resulting from the business, employment, or 
        other outside activities of the spouse of a Member, officer, or 
        employee, if such benefits are customarily provided to others 
        in similar circumstances.
            ``(E) Pension and other benefits resulting from continued 
        participation in an employee welfare and benefits plan 
        maintained by a former employer.
            ``(F) Informational materials that are sent to the office 
        of a Member, officer, or employee in the form of books, 
        articles, periodicals, other written materials, audio tapes, 
        videotapes, or other forms of communication.
    ``(4)(A) A gift given by an individual under circumstances which 
make it clear that the gift is given for a nonbusiness purpose and is 
motivated by a family relationship or close personal friendship and not 
by the position of the Member, officer, or employee shall not be 
subject to the prohibition in subparagraph (1).
    ``(B) A gift shall not be considered to be given for a nonbusiness 
purpose if the Member, officer, or employee has reason to believe the 
individual giving the gift will seek--
            ``(i) to deduct the value of such gift as a business 
        expense on the individual's Federal income tax return, or
            ``(ii) direct or indirect reimbursement or any other 
        compensation for the value of the gift from a client or 
        employer of such lobbyist or foreign agent.
    ``(C) In determining if the giving of a gift is motivated by a 
family relationship or close personal friendship, at least the 
following factors shall be considered:
            ``(i) The history of the relationship between the 
        individual giving the gift and the recipient of the gift, 
        including whether or not gifts have previously been exchanged 
        by such individuals.
            ``(ii) Whether the Member, officer, or employee has reason 
        to believe the gift was purchased by the individual who gave 
        the item.
            ``(iii) Whether the Member, officer, or employee has reason 
        to believe the individual who gave the gift also at the same 
        time gave the same or similar gifts to other Members, officers, 
        or employees.
    ``(b) In addition to the restriction on receiving gifts from paid 
lobbyists, lobbying firms, and agents of foreign principals provided by 
paragraph (a) and except as provided in this Rule, no Member, officer, 
or employee of the House of Representatives shall knowingly accept a 
gift from any other person.
    ``(c)(1) For the purpose of this clause, 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 the spouse or dependent 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.
    ``(d) The restrictions in paragraph (b) 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 the Federal Election 
        Campaign Act of 1971 (2 U.S.C. 431 et seq.) that is lawfully 
        made under that Act, or attendance at a fundraising event 
        sponsored by a political organization described in section 
        527(e) of the Internal Revenue Code of 1986.
            ``(3) Anything provided by an individual on the basis of a 
        personal or family relationship 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 or 
        family relationship. The Committee on Standards of Official 
        Conduct shall provide guidance on the applicability of this 
        clause and examples of circumstances under which a gift may be 
        accepted under this exception.
            ``(4) 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, if the person making 
        the contribution or payment is identified for the Committee on 
        Standards of Official Conduct.
            ``(5) Any food or refreshments which the recipient 
        reasonably believes to have a value of less than $20.
            ``(6) Any gift from another Member, officer, or employee of 
        the Senate or the House of Representatives.
            ``(7) Food, refreshments, lodging, 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, audio tapes, 
        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) Donations of products from the State that the Member 
        represents that are intended primarily for promotional 
        purposes, such as display or free distribution, and are of 
        minimal value to any individual recipient.
            ``(13) Food, refreshments, and entertainment provided to a 
        Member or an employee of a Member in the Member's home State, 
        subject to reasonable limitations, to be established by the 
        Committee on Standards of Official Conduct.
            ``(14) An item of little intrinsic value such as a greeting 
        card, baseball cap, or a T shirt.
            ``(15) 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.
            ``(16) Bequests, inheritances, and other transfers at 
        death.
            ``(17) 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.
            ``(18) Anything which is paid for by the Federal 
        Government, by a State or local government, or secured by the 
        Government under a Government contract.
            ``(19) A gift of personal hospitality of an individual, as 
        defined in section 109(14) of the Ethics in Government Act.
            ``(20) Free attendance at a widely attended event permitted 
        pursuant to paragraph (e).
            ``(21) 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.
            ``(22) A plaque, trophy, or other memento of modest value.
            ``(23) Anything for which, in exceptional circumstances, a 
        waiver is granted by the Committee on Standards of Official 
        Conduct.
    ``(e)(1) Except as prohibited by paragraph (a), 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 if others in 
attendance will generally be similarly accompanied or if such 
attendance is appropriate to assist in the representation of the House 
of Representatives.
    ``(3) Except as prohibited by paragraph (a), 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, or food or refreshments 
taken other than in a group setting with all or substantially all other 
attendees.
    ``(f) No Member, officer, or employee may accept a gift the value 
of which exceeds $250 on the basis of the personal relationship 
exception in paragraph (d)(3) or the close personal friendship 
exception in section 106(d) of the Lobbying Disclosure Act of 1995 
unless the Committee on Standards of Official Conduct issues a written 
determination that one of such exceptions applies.
    ``(g)(1) The Committee on Standards of Official Conduct is 
authorized to adjust the dollar amount referred to in paragraph (d)(5) 
on a periodic basis, to the extent necessary to adjust for inflation.
    ``(2) The Committee on Standards of Official Conduct shall provide 
guidance setting forth reasonable steps that may be taken by Members, 
officers, and employees, with a minimum of paperwork and time, to 
prevent the acceptance of prohibited gifts from lobbyists.
    ``(3) 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.
    ``(h)(1)(A) Except as prohibited by paragraph (a), a reimbursement 
(including payment in kind) to a Member, officer, or employee 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 paragraph, if the 
Member, officer, or employee--
            ``(i) 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
            ``(ii) 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.
    ``(B) For purposes of clause (A), 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.
    ``(2) Each advance authorization to accept reimbursement shall be 
signed by the Member or officer under whose direct supervision the 
employee works and shall include--
            ``(A) the name of the employee;
            ``(B) the name of the person who will make the 
        reimbursement;
            ``(C) the time, place, and purpose of the travel; and
            ``(D) 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.
    ``(3) Each disclosure made under subparagraph (1)(A) 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--
            ``(A) a good faith estimate of total transportation 
        expenses reimbursed or to be reimbursed;
            ``(B) a good faith estimate of total lodging expenses 
        reimbursed or to be reimbursed;
            ``(C) a good faith estimate of total meal expenses 
        reimbursed or to be reimbursed;
            ``(D) a good faith estimate of the total of other expenses 
        reimbursed or to be reimbursed;
            ``(E) a determination that all such expenses are necessary 
        transportation, lodging, and related expenses as defined in 
        this paragraph; and
            ``(F) 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.
    ``(4) For the purposes of this paragraph, the term `necessary 
transportation, lodging, and related expenses'--
                    ``(A) includes reasonable expenses that are 
                necessary for travel--
                            ``(i) for a period not exceeding 4 days 
                        including travel time within the United States 
                        or 7 days in addition to travel time outside 
                        the United States; and
                            ``(ii) within 24 hours before or after 
                        participation in an event in the United States 
                        or within 48 hours before or after 
                        participation in an event outside the United 
                        States,
                unless approved in advance by the Committee on 
                Standards of Official Conduct;
            ``(B) 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 clause (A);
            ``(C) does not include expenditures for recreational 
        activities or entertainment other than that provided to all 
        attendees as an integral part of the event; and
            ``(D) may include travel expenses incurred on behalf of 
        either the spouse or a child of the Member, officer, or 
        employee, subject to a determination signed by the Member or 
        officer (or in the case of an employee, the Member or officer 
        under whose direct supervision the officer or employee works) 
        that the attendance of the spouse or child is appropriate to 
        assist in the representation of the House of Representatives.
    ``(5) The Clerk of the House of Representatives shall make 
available to the public all advance authorizations and disclosures of 
reimbursement filed pursuant to subparagraph (1) as soon as possible 
after they are received.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect May 31, 1995.

SEC. 2. LIMITATION ON ROYALTY INCOME.

    (a) Limitation.--Clause 8 of rule XLVII of the Rules of the House 
of Representatives is amended by adding at the end the following new 
paragraph:
    ``(g) In calendar year 1995 or thereafter, a Member, officer, or 
employee of the House may not--
            ``(1) receive any copyright royalties for any work--
                    ``(A) unless the royalty is received from an 
                established publisher pursuant to usual and customary 
                contractual terms;
                    ``(B) unless the total amount of such royalties for 
                that work does not exceed one-third of that 
                individual's annual pay as a Member, officer, or 
                employee for the year in which the contract is entered 
                into; and
                    ``(C) without the prior notification and approval 
                of the contract for that work by the Committee on 
                Standards of Official Conduct; or
            ``(2) receive any advance payment for any such work.''.
    (b) Conforming Amendment.--Clause 3(e)(5) of rule XLVII of the 
Rules of the House of Representatives is amended to read as follows:
            ``(5) copyright royalties.''.
    (c) Effective Date.--The amendments made by subsections (a) and (b) 
shall apply only to copyright royalties received by any Member, 
officer, or employee of the House after adoption of this resolution 
pursuant to any contract entered into while that individual is such a 
Member, officer, or employee.
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