-Caveat Lector-
<http://www.rollcall.com/pages/news/00/2001/03/news0322b.html>
March 22, 2001
Clinton Gifts Spark Reform
By Damon Chappie
The flood of expensive gifts to Sen. Hillary Rodham Clinton
(D-N.Y.) in the weeks before she took office has prompted
conservative and liberal lawmakers in the House to try to close a
loophole in rules restricting gifts to public officials.
Under current law and interpretations of House and Senate ethics
rules, the tight limits on gifts imposed by both chambers take
effect after a lawmaker is sworn into office. But the two-month
period between the Member's election and oath is not covered.
Clinton's acceptance of tens of thousands of dollars in gifts of
fine china, flatware and furniture after her victory last
November caused an uproar and focused attention on the obscure
loophole.
Now, Rep. Lindsey Graham (R-S.C.) has introduced two measures
extending the gift restrictions to Members-elect. His bill, H.R.
787, would simply add Members-elect to the list of officials
covered by federal law. It would then be up to each chamber to
decide how to implement specific gift restrictions.
A separate Graham resolution, H.Res. 73, would extend the $50
limit on most gifts to newly elected House Members. The
resolution would have no effect on Senators-elect.
A separate Senate rules change would be required to impose gift
limits on Senators-elect. Like House Members, sitting Senators
are prohibited from accepting gifts valued at more than $50 and
may take no more than $100 in gifts from any one source per year.
Graham, speaking by telephone during a campaign trip in South
Carolina, where he hopes to succeed retiring Sen. Strom Thurmond
(R), said he was surprised to learn after the Clinton uproar that
Members-elect are not covered by ethics rules.
"You know, you're trying to restore public confidence in
government, and when you find situations that cry out for a
remedy, you try to do the best you can.
"We need to make sure that the moment you are blessed by the
voters that responsibility follows," he added.
Graham, who gained fame for his folksy style in prosecuting
then-President Bill Clinton during his impeachment trial, said
his office received an avalanche of calls after reports surfaced
that a network of wealthy benefactors showered gifts on the
Clintons and pitched in to furnish the couple's two
multimillion-dollar homes.
"The point in time when she was getting gifts wouldn't have been
allowed a few days later. That's what prompted it," Graham said
of the measures.
Joining Graham in sponsoring the measures are House Judiciary
Chairman James Sensenbrenner (R-Wis.) and Rep. Lamar Smith
(R-Texas), the former chairman of the House ethics committee.
Rep. Barney Frank (D-Mass.), who steadfastly defended the
Clintons during impeachment and other scandals, has also signed
on as a co-sponsor.
"That's both ends of the political spectrum between me and
Barney," Graham noted. "It says that this bill just makes sense.
It fills in the gap and says, once you are elected then your
ability to affect public policy begins."
Frank too was surprised to learn after the news of Clinton's
gifts broke that newly elected Members are not covered.
"The logic for the gift ban applies the day you get elected, not
the day you take office," Frank said. "You are trying to prevent
people from being unduly influenced.
"I didn't initiate this,"Frank stressed. "When people send me
bills, I evaluate them and decide whether I want to sponsor them
or not, and when I saw this one, I thought, 'Yes, this makes
sense.'"
Across the Capitol, Sen. Russ Feingold (D-Wis.), who is now
embroiled in the Senate's battle over campaign finance reform,
expressed interest in the Graham proposal when he was asked about
it Tuesday.
"If that can be done constitutionally, I feel that it is best for
Members to refrain from taking gifts," said Feingold, who bars
gift acceptance in his office.
Although Feingold said he is focused on campaign finance reform,
he added that he will eventually turn his attention to examining
whether Senators and staff are complying with the current
gift-ban rules.
"I have heard comments from people that the [gift rules] are not
being taken as seriously," he said.
In January, after Giftgate erupted, Sen. John McCain (R-Ariz.)
and Senate Majority Leader Trent Lott (R-Miss.) expressed support
for changing the rules to cover Members-elect.
Two other Senators who have fought for ethics reforms, Sens. Paul
Wellstone (D-Minn.) and Peter Fitzgerald (R-Ill.), also showed
tacit interest in the idea when asked about it Tuesday.
"Clearly, there is reason to think about the time you are elected
and the time you take office," Fitzgerald said.
Graham's bill was referred to the House Administration Committee,
and the resolution goes to the Rules Committee. Neither panel has
scheduled hearings yet.
Mark Preston contributed to this report.
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