I

104TH CONGRESS

2D SESSION H. R. 3797

To amend title 5, United States Code, to ban gifts to executive branch

employees.

IN THE HOUSE OF REPRESENTATIVES

JULY 11, 1996

Mr. SALMON (for himself, Mr. CONDIT, Mr. FIELDS of Texas, Mr. COBLE, Mr.

LINDER, Mr. WELDON of Pennsylvania, Mr. CALVERT, Mr. ENGLISH of

Pennsylvania, Mr. GUTKNECHT, Mrs. SEASTRAND, Mr. CHRYSLER, Mr.

BASS, Mr. FOLEY, Mr. STUMP, Mr. INGLIS of South Carolina, Mr.

WELLER, Mr. GOSS, Mr. SHADEGG, Mr. LARGENT, Mr. HORN, Mr. ENSIGN, and Mr. HAYWORTH) introduced the following bill; which was referred to the Committee on Government Reform and Oversight

A BILL

To amend title 5, United States Code, to ban gifts to

executive branch employees.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Cleaner Government

5 Act of 1996’’.
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1 SEC. 2. GIFT BAN.

2 (a) IN GENERAL.—Chapter 73 of title 5, United

3 States Code, is amended by adding at the end the follow4 ing:

5 ‘‘§ 7354. Gifts to executive branch employees

6 ‘‘(a) IN GENERAL.—An executive branch employee

7 may not accept a gift that a Member, officer, or employee

8 of the House of Representatives is forbidden to accept

9 under rule LII of the Rules of the House of Representa10 tives for the One Hundred Fourth Congress.

11 ‘‘(b) RULES OF APPLICATION.—For the purposes of

12 the application of subsection (a), the following rules apply:

13 ‘‘(1) ‘CONGRESS’ AND ‘CONGRESSIONAL’

14 DEEMED TO BE ‘GOVERNMENT’.—The terms ‘Con15 gress’ and ‘congressional’ where they appear in rule

16 LII shall be deemed to be references to ‘Govern17 ment’.

18 ‘‘(2) DIRECTOR OF OGE TO PERFORM FUNC19 TIONS OF CLERK OF HOUSE OR COMMITTEE ON

20 STANDARDS OF OFFICIAL CONDUCT.—The Director

21 of the Office of Government Ethics shall perform

22 each function with respect to an executive branch

23 employee that the Clerk of the House of Representa24 tives or the Committee on Standards of Official Con25 duct performs under rule LII with respect to a

26 Member, officer, or employee.
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1 ‘‘(3) DEEMED REIMBURSEMENT TO THE TREAS2 URY.—Any reimbursement from a private source to

3 an executive branch employee for travel to which

4 clause 2(a)(1) of rule LII applies shall be deemed to

5 be a reimbursement to the Treasury of the United

6 States.

7 ‘‘(c) REPORT TO CONGRESS.—

8 ‘‘(1) IN GENERAL.—Not later than January 31

9 of each year, the Director shall report to Congress

10 and to the public on violations of this section that

11 occurred during the previous calender year.

12 ‘‘(2) CONTENT OF REPORT.—The report re13 quired under paragraph (1) shall include—

14 ‘‘(A) the name of—

15 ‘‘(i) the individual who violated this

16 section; and

17 ‘‘(ii) the agency where such individual

18 was employed at the time of the violation;

19 ‘‘(B) a description of the violation, includ20 ing a description of the gift received and of the

21 fair market value of such gift; and

22 ‘‘(C) any remedial action taken with re23 spect to the violation.

24 ‘‘(d) DEFINITIONS.—As used in this section—
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1 ‘‘(1) the term ‘executive branch employee’

2 means an employee of an Executive agency, and in3 cludes—

4 ‘‘(A) an expert or consultant who is under

5 contract under section 3109 of this title with

6 the United States or any agency, department,

7 or establishment thereof, including, in the case

8 of an organization performing services under

9 such section, any individual involved in the per10 formance of such services; and

11 ‘‘(B) the President and Vice President of

12 the United States; and

13 ‘‘(2) the term ‘Executive agency’ has the mean14 ing given such term in section 105 of title 5, United

15 States Code.’’.

16 (b) CLERICAL AMENDMENT.—The table of sections

17 at the beginning of chapter 73 of title 5, United States

18 Code, is amended by adding at the end the following new

19 item:

‘‘7354. Gifts to executive branch employees.’’.

Æ