IV
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 con-
cerned
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 con-
cerning the receipt of gifts from lobbyists and other
persons, and for other purposes.
Resolved,
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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 lobby-
ist, 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 prin-
cipal (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 for-
eign agent which the Member, officer, or employee
has reason to believe is paid for, charged to, or reim-
bursed by a client or firm of such lobbyist or foreign
agent.
‘‘(B) Anything provided by a lobbyist, a lobby-
ing 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 for-
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eign agent 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).
‘‘(D) A contribution or other payment by a lob-
byist, a lobbying firm, or a foreign agent to a legal
expense fund established for the benefit of a Mem-
ber, 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 for-
eign 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 con-
gressional organization, for or on behalf of Members,
officers, or employees.
‘‘(3) The following are not gifts subject to the prohi-
bition in subparagraph (1):
‘‘(A) Anything for which the recipient pays the
market value, or does not use and promptly returns
to the donor.
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‘‘(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 at-
tendance at a fundraising event sponsored by a po-
litical organization described in section 527(e) of the
Internal Revenue Code of 1986.
‘‘(C) Food or refreshments of nominal value of-
fered other than as part of a meal.
‘‘(D) Benefits resulting from the business, em-
ployment, or other outside activities of the spouse of
a Member, officer, or employee, if such benefits are
customarily provided to others in similar cir-
cumstances.
‘‘(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 cir-
cumstances which make it clear that the gift is given for
a nonbusiness purpose and is motivated by a family rela-
tionship or close personal friendship and not by the posi-
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tion of the Member, officer, or employee shall not be sub-
ject 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 busi-
ness 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 moti-
vated 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
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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 pro-
vided 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, hospi-
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 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.
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‘‘(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 at-
tendance at a fundraising event sponsored by a po-
litical 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, offi-
cer, or employee and not because of the personal or
family relationship. The Committee on Standards of
Official Conduct shall provide guidance on the appli-
cability of this clause and examples of circumstances
under which a gift may be accepted under this ex-
ception.
‘‘(4) A contribution or other payment to a legal
expense fund established for the benefit of a Mem-
ber, officer, or employee, that is otherwise lawfully
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made, if the person making the contribution or pay-
ment is identified for the Committee on Standards
of Official Conduct.
‘‘(5) Any food or refreshments which the recipi-
ent 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 Representa-
tives.
‘‘(7) Food, refreshments, lodging, 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, 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
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‘‘(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
materials, audio tapes, 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) Donations of products from the State
that the Member represents that are intended pri-
marily for promotional purposes, such as display or
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free distribution, and are of minimal value to any in-
dividual 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 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.
‘‘(16) Bequests, inheritances, and other trans-
fers at death.
‘‘(17) 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.
‘‘(18) 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.
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‘‘(19) A gift of personal hospitality of an indi-
vidual, 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 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
basis of branch of Government or type of re-
sponsibility, or on a basis that favors those of
higher rank or rate of pay;
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‘‘(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.
‘‘(22) A plaque, trophy, or other memento of
modest value.
‘‘(23) Anything for which, in exceptional cir-
cumstances, 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, re-
ception, or similar event, provided by the sponsor of the
event, if—
‘‘(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-
HRES 40 SC
taken other than in a group setting with all or substan-
tially 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 deter-
mination that one of such exceptions applies.
‘‘(g)(1) The Committee on Standards of Official Con-
duct 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 Con-
duct 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 discre-
tion 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
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and related expenses for travel to a meeting, speaking en-
gagement, 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 ad-
vance 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 reimburse-
ment 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;
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‘‘(C) the time, place, and purpose of the travel;
and
‘‘(D) 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.
‘‘(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 transpor-
tation expenses reimbursed or to be reimbursed;
‘‘(B) a good faith estimate of total lodging ex-
penses reimbursed or to be reimbursed;
‘‘(C) a good faith estimate of total meal ex-
penses 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 ex-
penses as defined in this paragraph; and
‘‘(F) in the case of a reimbursement to a Mem-
ber or officer, a determination that the travel was in
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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.
‘‘(4) For the purposes of this paragraph, the term
‘necessary transportation, lodging, and related ex-
penses’—
‘‘(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 Unit-
ed 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 mate-
rials, and food and refreshments, including reim-
bursement for necessary transportation, whether or
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not such transportation occurs within the periods de-
scribed in clause (A);
‘‘(C) does not include expenditures for rec-
reational 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 di-
rect 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 Rep-
resentatives.
‘‘(5) The Clerk of the House of Representatives shall
make available to the public all advance authorizations
and disclosures of reimbursement filed pursuant to sub-
paragraph (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 add-
ing at the end the following new paragraph:
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‘‘(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 roy-
alties for that work does not exceed one-third of
that individual’s annual pay as a Member, offi-
cer, or employee for the year in which the con-
tract is entered into; and
‘‘(C) without the prior notification and ap-
proval 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 royal-
ties received by any Member, officer, or employee of the
House after adoption of this resolution pursuant to any
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contract entered into while that individual is such a Mem-
ber, officer, or employee.
Æ
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