IV
Printed as Agreed to
(Amended)
November 16, 1995
Ordered to be printed as agreed to
104TH CONGRESS
1ST SESSION
H. RES. 250
RESOLUTION
To amend the Rules of the House of Representatives to
provide for gift reform.
Resolved,
SECTION 1. AMENDMENT TO HOUSE RULES.
Rule LII of the Rules of the House of Representa-
tives is amended to read as follows:
‘‘RULE LII
‘‘GIFT RULE
‘‘1. (a) No Member, officer, or employee of the House
of Representatives shall knowingly accept a gift except as
provided in this rule.
‘‘(b)(1) For the purpose of this rule, the term ‘gift’
means any gratuity, favor, discount, entertainment, hospi-
•HRES 250 ATH
tality, loan, forbearance, or other item having monetary
value. The term includes gifts of services, training, trans-
portation, lodging, and meals, whether provided in kind,
by purchase of a ticket, payment in advance, or reimburse-
ment after the expense has been incurred.
‘‘(2)(A) A gift to a family member of a Member, offi-
cer, 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, offi-
cer, or employee if it is given with the knowledge and ac-
quiescence 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.
‘‘(B) If food or refreshment is provided at the same
time and place to both a Member, officer, or employee and
the spouse or dependent thereof, only the food or refresh-
ment provided to the Member, officer, or employee shall
be treated as a gift for purposes of this rule.
‘‘(c) The restrictions in paragraph (a) 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.
•HRES 250 ATH
‘‘(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 fundraising event sponsored by a political organi-
zation described in section 527(e) of the Internal
Revenue Code of 1986.
‘‘(3) A gift from a relative as described in sec-
tion 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, officer, or employee has reason to believe that,
under the circumstances, the gift was provided be-
cause of the official position of the Member, officer,
or employee and not because of the personal friend-
ship.
‘‘(B) In determining whether a gift is provided
on the basis of personal friendship, the Member, of-
ficer, or employee shall consider the circumstances
under which the gift was offered, such as:
‘‘(i) The history of the relationship be-
tween the individual giving the gift and the re-
•HRES 250 ATH
cipient of the gift, including any previous ex-
change of gifts between such individuals.
‘‘(ii) Whether to the actual knowledge of
the Member, officer, or employee the individual
who gave the gift personally paid for the gift or
sought a tax deduction or business reimburse-
ment for the gift.
‘‘(iii) Whether to the actual knowledge of
the Member, officer, or employee the individual
who gave the gift also at the same time gave
the same or similar gifts to other Members, of-
ficers, or employees.
‘‘(5) Except as provided in clause 3(c), a con-
tribution or other payment to a legal expense fund
established for the benefit of a Member, officer, or
employee that is otherwise lawfully made in accord-
ance with the restrictions and disclosure require-
ments of the Committee on Standards of Official
Conduct.
‘‘(6) Any gift from another Member, officer, or
employee of the Senate or the House of Representa-
tives.
‘‘(7) Food, refreshments, lodging, transpor-
tation, and other benefits—
•HRES 250 ATH
‘‘(A) resulting from the outside business or
employment activities (or other outside activi-
ties 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 pro-
vided 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
described in section 527(e) of the Internal Rev-
enue 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, officer, or employee in the
form of books, articles, periodicals, other written
•HRES 250 ATH
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 refresh-
ments 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.
‘‘(13) Bequests, inheritances, and other trans-
fers 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-
•HRES 250 ATH
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 an individual other than a registered lobbyist or
agent of a foreign principal.
‘‘(17) Free attendance at a widely attended
event permitted pursuant to paragraph (d).
‘‘(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 con-
gressional employment;
‘‘(C) offered to members of an organiza-
tion, such as an employees’ association or con-
gressional 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 dis-
criminates among Government employees on the
•HRES 250 ATH
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.
‘‘(21) Food or refreshments of a nominal value
offered other than as a part of a meal.
‘‘(d)(1) A Member, officer, or employee may accept
an offer of free attendance at a widely attended conven-
tion, conference, symposium, forum, panel discussion, din-
ner, viewing, reception, or similar event, provided by the
sponsor of the event, if—
•HRES 250 ATH
‘‘(A) the Member, officer, or employee partici-
pates in the event as a speaker or a panel partici-
pant, by presenting information related to Congress
or matters before Congress, or by performing a cere-
monial function appropriate to the Member’s, offi-
cer’s, or employee’s official position; or
‘‘(B) attendance at the event is appropriate to
the performance of the official duties or representa-
tive function of the Member, officer, or employee.
‘‘(2) A Member, officer, or employee who attends an
event described in subparagraph (1) may accept a spon-
sor’s unsolicited offer of free attendance at the event for
an accompanying individual.
‘‘(3) 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 re-
imbursement 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 con-
ference or other fee, the provision of local transportation,
or the provision of food, refreshments, entertainment, and
instructional materials furnished to all attendees as an in-
tegral part of the event. The term does not include enter-
tainment collateral to the event, nor does it include food
•HRES 250 ATH
or refreshments taken other than in a group setting with
all or substantially all other attendees.
‘‘(e) No Member, officer, or employee may accept a
gift the value of which exceeds $250 on the basis of the
personal friendship exception in paragraph (c)(4) unless
the Committee on Standards of Official Conduct issues a
written determination that such exception applies. No de-
termination under this paragraph is required for gifts
given on the basis of the family relationship exception.
‘‘(f) When it is not practicable to return a tangible
item because it is perishable, the item may, at the discre-
tion of the recipient, be given to an appropriate charity
or destroyed.
‘‘2. (a)(1) A reimbursement (including payment in
kind) to a Member, officer, or employee from a private
source other than a registered lobbyist or agent of a for-
eign principal for necessary transportation, lodging and
related expenses for travel to a meeting, speaking engage-
ment, factfinding trip or similar event in connection with
the duties of the Member, officer, or employee as an office-
holder shall be deemed to be a reimbursement to the
House of Representatives and not a gift prohibited by this
rule, if the Member, officer, or employee—
‘‘(A) in the case of an employee, receives ad-
vance authorization, from the Member or officer
•HRES 250 ATH
under whose direct supervision the employee works,
to accept reimbursement, and
‘‘(B) 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.
‘‘(2) For purposes of paragraph (a)(1), 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.
‘‘(b) Each advance authorization to accept reimburse-
ment shall be signed by the Member or officer under whose
direct supervision the employee works and shall include—
‘‘(1) the name of the employee;
‘‘(2) the name of the person who will make the
reimbursement;
‘‘(3) the time, place, and purpose of the travel;
and
‘‘(4) a determination that the travel is in con-
nection with the duties of the employee as an office-
holder and would not create the appearance that the
employee is using public office for private gain.
‘‘(c) Each disclosure made under paragraph (a)(1) of
expenses reimbursed or to be reimbursed shall be signed
by the Member or officer (in the case of travel by that
•HRES 250 ATH
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—
‘‘(1) a good faith estimate of total transpor-
tation expenses reimbursed or to be reimbursed;
‘‘(2) a good faith estimate of total lodging ex-
penses reimbursed or to be reimbursed;
‘‘(3) a good faith estimate of total meal ex-
penses reimbursed or to be reimbursed;
‘‘(4) a good faith estimate of the total of other
expenses reimbursed or to be reimbursed;
‘‘(5) a determination that all such expenses are
necessary transportation, lodging, and related ex-
penses as defined in paragraph (d); and
‘‘(6) in the case of a reimbursement to a Mem-
ber 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 appear-
ance that the Member or officer is using public of-
fice for private gain.
‘‘(d) For the purposes of this clause, the term ‘nec-
essary transportation, lodging, and related expenses’—
‘‘(1) includes reasonable expenses that are nec-
essary for travel for a period not exceeding 4 days
within the United States or 7 days exclusive of trav-
•HRES 250 ATH
el time outside of the United States unless approved
in advance by the Committee on Standards of Offi-
cial Conduct;
‘‘(2) is limited to reasonable expenditures for
transportation, lodging, conference fees and mate-
rials, and food and refreshments, including reim-
bursement for necessary transportation, whether or
not such transportation occurs within the periods de-
scribed in subparagraph (1);
‘‘(3) does not include expenditures for rec-
reational activities, nor does it include entertainment
other than that provided to all attendees as an inte-
gral part of the event, except for activities or enter-
tainment otherwise permissible under this rule; and
‘‘(4) may include travel expenses incurred on
behalf of either the spouse or a child of the Member,
officer, or employee.
‘‘(e) The Clerk of the House of Representatives shall
make available to the public all advance authorizations
and disclosures of reimbursement filed pursuant to para-
graph (a) as soon as possible after they are received.
‘‘3. A gift prohibited by clause 1(a) includes the fol-
lowing:
‘‘(a) Anything provided by a registered lobbyist
or an agent of a foreign principal to an entity that
•HRES 250 ATH
is maintained or controlled by a Member, officer, or
employee.
‘‘(b) A charitable contribution (as defined in
section 170(c) of the Internal Revenue Code of
1986) made by a registered lobbyist or an agent of
a foreign principal on the basis of a designation, rec-
ommendation, or other specification of a Member,
officer, or employee (not including a mass mailing or
other solicitation directed to a broad category of per-
sons or entities), other than a charitable contribu-
tion permitted by clause 4.
‘‘(c) A contribution or other payment by a reg-
istered lobbyist or an agent of a foreign principal to
a legal expense fund established for the benefit of a
Member, officer, or employee.
‘‘(d) A financial contribution or expenditure
made by a registered lobbyist or an agent of a for-
eign principal relating to a conference, retreat, or
similar event, sponsored by or affiliated with an offi-
cial congressional organization, for or on behalf of
Members, officers, or employees.
‘‘4. (a) A charitable contribution (as defined in sec-
tion 170(c) of the Internal Revenue Code of 1986) made
by a registered lobbyist or an agent of a foreign principal
in lieu of an honorarium to a Member, officer, or employee
•HRES 250 ATH
‘‘6. All the provisions of this rule shall be interpreted
and enforced solely by the Committee on Standards of Of-
ficial Conduct. The Committee on Standards of Official
Conduct is authorized to issue guidance on any matter
contained in this rule.’’.
SEC. 2. ACCEPTANCE OF GIFTS BY THE COMMITTEE ON
HOUSE OVERSIGHT.
Clause 4(d) of rule X of the Rules of the House of
Representatives is amended by striking ‘‘and’’ at the end
of subparagraph (1), by striking the period at the end of
subparagraph (2) and inserting ‘‘; and’’, and by adding
after subparagraph (2) the following:
‘‘(3) accepting a gift, other than as otherwise
provided by law, if the gift does not involve any
duty, burden, or condition, or is not made dependent
upon some future performance by the House of Rep-
resentatives and promulgating regulations to carry
out this paragraph.’’.
SEC. 3. EFFECTIVE DATE.
This resolution and the amendment made by this res-
olution shall take effect on and be effective for calendar
years beginning on January 1, 1996.