I
104TH CONGRESS
2D SESSION
H. R. 3140
To prohibit gifts by lobbyists to Members of the House of Representatives,
Senators, and officers and employees of the House of Representatives
and the Senate.
IN THE HOUSE OF REPRESENTATIVES
MARCH 21, 1996
Mr. FOX of Pennsylvania introduced the following bill; which was referred to
the Committee on the Judiciary
A BILL
To prohibit gifts by lobbyists to Members of the House
of Representatives, Senators, and officers and employees
of the House of Representatives and the Senate.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. PROHIBITION ON GIFTS.
(a) IN
GENERAL.—No lobbyist who is registered
under section 4 may provide any gift to a Member of the
House of Representatives, a Senator, or an officer or em-
ployee of the House of Representatives or the Senate un-
less the lobbyist is related to the Member, Senator, or offi-
cer or employee.
(b) DEFINITION.—
(1) For the purpose of subsection (a), the term
‘‘gift’’ means any gratuity, favor, discount, enter-
tainment, 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 a family member of a Member, a
Senator, officer, or employee, or a gift to any other
individual based on that individual’s relationship
with the Member, Senator, officer, or employee, shall
be considered a gift to the Member, Senator, officer,
or employee if it is given with the knowledge and ac-
quiescence of the Member, Senator, officer, or em-
ployee and the Member, Senator, officer, or em-
ployee has reason to believe the gift was given be-
cause of the official position of the Member, Sen-
ator, officer, or employee.
(3) If food or refreshment is provided at the
same time and place to both a Member, Senator, of-
ficer, or employee and the spouse or dependent
thereof, only the food or refreshment provided to the
Member, Senator, officer, or employee shall be treat-
ed as a gift for purposes of subsection (a).
(c) EXCEPTION.—The restrictions in subsection (a)
shall not apply to the following:
(1) Anything for which the Member, Senator,
officer, or employee pays the market value, or does
not use and promptly returns to the donor.
(2) A contribution, as defined in section 301(8)
of the Federal Election Campaign Act of 1971 (2
U.S.C. 431 et seq.) that is lawfully made under that
Act, a lawful contribution for election to a State or
local government office, or attendance at a fundrais-
ing event sponsored by a political organization de-
scribed in section 527(e) of the Internal Revenue
Code of 1986.
(3) A gift from a relative as described in section
109(16) of title I of the Ethics in Government Act
of 1978 (Public Law 95–521).
(4)(A) Anything provided by an individual on
the basis of a personal friendship unless the Mem-
ber, Senator, officer, or employee has reason to be-
lieve that, under the circumstances, the gift was pro-
vided because of the official position of the Member,
Senator, officer, or employee and not because of the
personal friendship.
resentatives and the Select Committee on Ethics of
the Senate.
(6) Any gift from another Member, Senator, of-
ficer, or employee of the Senate or the House of
Representatives.
(7) Food, refreshments, lodging, transportation,
and other benefits—
(A) resulting from the outside business or
employment activities (or other outside activi-
ties that are not connected to the duties of the
Member, Senator, officer, or employee as an of-
ficeholder) of the Member, Senator, officer, or
employee, or the spouse of the Member, Sen-
ator, officer, or employee, if such benefits have
not been offered or enhanced because of the of-
ficial position of the Member, Senator, officer,
or employee and are customarily provided to
others in similar circumstances;
(B) customarily provided by a prospective
employer in connection with bona fide employ-
ment discussions; or
(C) provided by a political organization de-
scribed in section 527(e) of the Internal Reve-
nue Code of 1986 in connection with a fund-
raising 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, Senator, officer, or employee
in the form of books, articles, periodicals, other writ-
ten materials, audiotapes, videotapes, or other forms
of communication.
(10) Awards or prizes which are given to com-
petitors in contests or events open to the public, in-
cluding random drawings.
(11) Honorary degrees (and associated travel,
food, refreshments, and entertainment) and other
bona fide, nonmonetary awards presented in recogni-
tion of public service (and associated food, refresh-
ments, and entertainment provided in the presen-
tation of such degrees and awards).
(12) Training (including food and refreshments
furnished to all attendees as an integral part of the
training) provided to a Member, Senator, officer, or
employee, if such training is in the interest of the
House of Representatives or the Senate.
(13) Bequests, inheritances, and other transfers
at death.
(14) Any item, the receipt of which is author-
ized by the Foreign Gifts and Decorations Act, the
Mutual Educational and Cultural Exchange Act, or
any other statute.
(15) Anything which is paid for by the Federal
Government, by a State or local government, or se-
cured by the Government under a Government con-
tract.
(16) A gift of personal hospitality (as defined in
section 109(14) of the Ethics in Government Act of
1978) of an individual other than a registered lobby-
ist or agent of a foreign principal.
(17) Free attendance at a widely attended
event.
(18) 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 consid-
eration;
(B) offered to members of a group or class
in which membership is unrelated to congres-
sional employment;
(C) offered to members of an organization,
such as an employees’ association or congres-
sional credit union, in which membership is re-
lated 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 dis-
criminates among Government employees on the
basis of branch of Government or type of re-
sponsibility, 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 ac-
tivities offered to all Government employees by
professional organizations if the only restric-
tions on membership relate to professional
qualifications.
(19) A plaque, trophy, or other item that is
substantially commemorative in nature and which is
intended for presentation.
(20) Anything for which, in an unusual case, a
waiver is granted by the Committee on Standards of
Official Conduct of the House of Representatives or
the Select Committee on Ethics of the Senate.
(21) Food or refreshments of a nominal value
offered other than as a part of a meal.
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