I 
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 re-
ferred to the Committee on the Judiciary, and in addition to the Com-
mittee 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 Mem-
bers of Congress and to congressional employees, and 
for other purposes.
Be it enacted by the Senate and House of Representa-
tives 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 LOBBY-
ISTS 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 Con-
gress except as provided in this section. 
(2) GIFT DEFINED.—In this section, the term 
‘‘gift’’ means a gratuity, favor, discount, entertain-
ment, 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 Lob-
bying 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 Con-
gress, 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, Resi-
dent 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 para-
graph (1) do not apply to the following: 
(A) CERTAIN
LAWFUL
POLITICAL
FUND-
RAISING
ACTIVITIES.—A contribution, as de-
fined 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 con-
tribution for election to a State or local govern-
ment office, or attendance at a fundraising 
event sponsored by a political organization de-
scribed in section 527(e) of the Internal Rev-
enue 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 partici-
pation in an employee welfare and benefits plan 
maintained by a former employer. 
(D) INFORMATIONAL
MATERIALS.—Infor-
mational materials that are sent to the office of 
the Member, Delegate, Resident Commissioner, 
officer, or employee in the form of books, arti-
cles, periodicals, other written materials, audio-
tapes, videotapes, or other forms of communica-
tion. 
(E) ITEMS OF NOMINAL VALUE.—An item 
of nominal value such as a greeting card, base-
ball 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 be-
cause of the official position of the Mem-
ber, Delegate, Resident Commissioner, offi-
cer, or employee.
(ii) CIRCUMSTANCES.—In determining 
whether a gift is provided on the basis of 
personal friendship, the following cir-
cumstances shall be considered: 
(I) The history of the relation-
ship 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 busi-
ness reimbursement for the gift. 
(III) Whether the individual who 
gave the gift also gave the same or 
similar gifts to other Members, Dele-
gates, the Resident Commissioners, 
officers, or employees of Congress. 
(G) CERTAIN OUTSIDE BUSINESS OR EM-
PLOYMENT
ACTIVITIES
PROVIDED
TO 
SPOUSE.—Food, refreshments, lodging, trans-
portation, and other benefits provided to the 
spouse of the Member, Delegate, Resident Com-
missioner, officer, or employee, resulting from
the outside business or employment activities of 
the spouse or in connection with bona fide em-
ployment discussions with respect to the spouse, 
if such benefits have not been offered or en-
hanced because of the official position of the 
Member, Delegate, Resident Commissioner, offi-
cer, or employee and are customarily provided 
to others in similar circumstances. 
(H) OPPORTUNITIES AND BENEFITS UN-
RELATED TO CONGRESSIONAL EMPLOYMENT.—
Opportunities and benefits that are offered to 
members of a group or class in which member-
ship is unrelated to congressional employment. 
(I) CERTAIN FOODS OR REFRESHMENTS.—
Food or refreshments of a nominal value of-
fered 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, Dele-
gate, or Resident Commissioner accept a gift from a reg-
istered lobbyist prohibited by section 2 of the Lobby Gift 
Ban Act of 2005.’’.
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