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. EN-
SIGN, and Mr. HAYWORTH) introduced the following bill; which was re-
ferred to the Committee on Government Reform and Oversight
A BILL
To amend title 5, United States Code, to ban gifts to
executive branch employees.
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 ‘‘Cleaner Government
Act of 1996’’.
SEC. 2. GIFT BAN.
(a) IN GENERAL.—Chapter 73 of title 5, United
States Code, is amended by adding at the end the follow-
ing:
‘‘§ 7354. Gifts to executive branch employees
‘‘(a) IN GENERAL.—An executive branch employee
may not accept a gift that a Member, officer, or employee
of the House of Representatives is forbidden to accept
under rule LII of the Rules of the House of Representa-
tives for the One Hundred Fourth Congress.
‘‘(b) RULES OF APPLICATION.—For the purposes of
the application of subsection (a), the following rules apply:
‘‘(1) 
‘CONGRESS’ 
AND
‘CONGRESSIONAL’
DEEMED TO BE ‘GOVERNMENT’.—The terms ‘Con-
gress’ and ‘congressional’ where they appear in rule
LII shall be deemed to be references to ‘Govern-
ment’.
‘‘(2) DIRECTOR OF OGE TO PERFORM FUNC-
TIONS
OF
CLERK
OF
HOUSE
OR
COMMITTEE
ON
STANDARDS OF OFFICIAL CONDUCT.—The Director
of the Office of Government Ethics shall perform
each function with respect to an executive branch
employee that the Clerk of the House of Representa-
tives or the Committee on Standards of Official Con-
duct performs under rule LII with respect to a
Member, officer, or employee.
‘‘(3) DEEMED REIMBURSEMENT TO THE TREAS-
URY.—Any reimbursement from a private source to
an executive branch employee for travel to which
clause 2(a)(1) of rule LII applies shall be deemed to
be a reimbursement to the Treasury of the United
States.
‘‘(c) REPORT TO CONGRESS.—
‘‘(1) IN GENERAL.—Not later than January 31
of each year, the Director shall report to Congress
and to the public on violations of this section that
occurred during the previous calender year.
‘‘(2) CONTENT
OF
REPORT.—The report re-
quired under paragraph (1) shall include—
‘‘(A) the name of—
‘‘(i) the individual who violated this
section; and
‘‘(ii) the agency where such individual
was employed at the time of the violation;
‘‘(B) a description of the violation, includ-
ing a description of the gift received and of the
fair market value of such gift; and
‘‘(C) any remedial action taken with re-
spect to the violation.
‘‘(d) DEFINITIONS.—As used in this section—
‘‘(1) the term ‘executive branch employee’
means an employee of an Executive agency, and in-
cludes—
‘‘(A) an expert or consultant who is under
contract under section 3109 of this title with
the United States or any agency, department,
or establishment thereof, including, in the case
of an organization performing services under
such section, any individual involved in the per-
formance of such services; and
‘‘(B) the President and Vice President of
the United States; and
‘‘(2) the term ‘Executive agency’ has the mean-
ing given such term in section 105 of title 5, United
States Code.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 73 of title 5, United States
Code, is amended by adding at the end the following new
item:
‘‘7354. Gifts to executive branch employees.’’.
Æ