[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2072 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 2072

To amend the Federal Election Campaign Act of 1971 to ban contributions 
  to candidates in elections for Federal office by persons other than 
 individuals and political party committees, to amend the Rules of the 
     House of Representatives to ban gifts, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 19, 1995

  Mrs. Smith of Washington (for herself, Mr. Brownback, Mr. Fox, Mr. 
    Metcalf, and Mr. Tate) introduced the following bill; which was 
 referred to the Committee on House Oversight, and in addition to the 
Committees on Rules, Government Reform and Oversight, and Standards of 
  Official Conduct, 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 amend the Federal Election Campaign Act of 1971 to ban contributions 
  to candidates in elections for Federal office by persons other than 
 individuals and political party committees, to amend the Rules of the 
     House of Representatives to ban gifts, and for other purposes.
    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Clean Congress Act of 1995''.
SEC. 2. BAN ON CONTRIBUTIONS TO CANDIDATES IN ELECTIONS FOR FEDERAL 
              OFFICE BY PERSONS OTHER THAN INDIVIDUALS AND POLITICAL 
              PARTY COMMITTEES.

    Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 
431 et seq.) is amended by adding at the end the following new section:

``ban on contributions to candidates by persons other than individuals 
                     and political party committees

    ``Sec. 323. Notwithstanding any other provision of this Act, no 
person other than an individual or a political committee of a political 
party may make contributions to any candidate and the authorized 
political committees of such candidate with respect to any election for 
Federal office.''.

SEC. 3. CONGRESSIONAL ELECTION BAN ON CONTRIBUTIONS FROM PERSONS OTHER 
              THAN POLITICAL PARTY COMMITTEES AND IN-STATE INDIVIDUAL 
              RESIDENTS.

    Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C. 
441a), is amended by adding at the end the following new subsection:
    ``(i)(1) A candidate for the office of Senator or Representative 
in, or Delegate or Resident Commissioner to, the Congress may not 
accept contributions from persons other than political committees of 
political parties and in-State individual residents.
    ``(2) As used in this subsection, the term `in-State individual 
resident' means an individual who resides in the State in which the 
election is held.''.
SEC. 4. ELIMINATION OF MULTICANDIDATE POLITICAL COMMITTEES AS A 
              SEPARATE CATEGORY OF POLITICAL COMMITTEE FOR CONTRIBUTION 
              LIMITATION PURPOSES.

    Section 315(a) of the Federal Election Campaign Act of 1971 (2 
U.S.C. 441a(a)) is amended--
            (1) by striking out paragraph (2);
            (2) by redesignating paragraphs (3) through (8) as 
        paragraphs (2) through (7), respectively;
            (3) in the first sentence of paragraph (3), as so 
        redesignated by paragraph (2) of this section, by striking out 
        ``paragraphs (1) and (2)'' and inserting in lieu thereof 
        ``paragraph (1)'';
            (4) by striking out the second sentence of paragraph (3), 
        as so redesignated by paragraph (2) of this section;
            (5) in paragraph (4), as so redesignated by paragraph (2) 
        of this section, by striking out ``paragraph (2)'' each place 
        it appears; and
            (6) in paragraph (5), as so redesignated by paragraph (2) 
        of this section, by striking out ``paragraphs (1) and (2)'' and 
        inserting in lieu thereof ``paragraph (1)''.
SEC. 5. LIMITATION ON PERSONAL LOANS BY CANDIDATES FOR FEDERAL OFFICE 
              TO THEIR CAMPAIGNS.

    Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C. 
441a), as amended by section 2, is further amended by adding at the end 
the following new subsection:
    ``(j) A candidate for Federal office may not, with respect to an 
election, make personal loans to the authorized committees of the 
candidate that total more than $5,000.''.

SEC. 6. EXTENSION OF BAN ON FRANKED MASS MAILINGS BY MEMBERS OF 
              CONGRESS FROM 60 DAYS TO 90 DAYS BEFORE AN ELECTION.
    Section 3210(a)(6)(A) and section 3210(a)(6)(C) of title 39, United 
States Code, are each amended by striking out ``60 days'' each place it 
appears and inserting in lieu thereof ``90 days''.
SEC. 7. EXTENSION OF ANNUAL LIMITATION ON CONTRIBUTIONS TO ALL PERSONS 
              OTHER THAN POLITICAL PARTY COMMITTEES.

    The first sentence of section 315(a)(3) of the Federal Election 
Campaign Act of 1971 (2 U.S.C. 441a(a)(3)) is amended by striking out 
``individual'' and inserting in lieu thereof ``person, other than a 
political committee of a political party,''.

SEC. 8. BAN ON GIFTS TO MEMBERS, OFFICERS, AND EMPLOYEES OF THE HOUSE 
              OF REPRESENTATIVES.

    (a) In General.--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 may accept a gift, 
whether made directly or indirectly, from anyone.
    ``(2) For purposes of this rule, the following are not defined 
gifts subject to the prohibition in subparagraph (1):
            ``(A) Gifts from a relative, including a fiancee.
            ``(B) A gift given by an individual which is motivated by a 
        personal friendship rather than the position of the Member, 
        officer, or employee. In determining if a gift is motivated by 
        a personal friendship, the history of the relationship shall be 
        considered and whether the gift giver personally paid for the 
        gift. If the gift exceeds $250, the Committee on Standards of 
        Official Conduct must grant a waiver.
            ``(C) Gifts of personal hospitality from an individual, not 
        a corporation or organization, for a non-business purpose on 
        facilities owned by that individual or the individual's family.
            ``(D) Anything for which the recipient pays the market 
        value or does not use and promptly returns to the donor.
            ``(E) Items of little intrinsic value.
            ``(F) Bequests, inheritances, and other transfers at death.
            ``(G) Political contributions as defined by the Federal 
        Election Commission and otherwise reported as required by law.
            ``(H) Food, lodging, transportation, and entertainment 
        provided on an official basis by Federal, State, and local 
        governments or political subdivisions thereof.
            ``(I) Informational materials sent to a Member's office, 
        including newspapers, magazines and other periodicals, books, 
        audio tapes, videotapes, and other forms of communication.
            ``(J) Nonmonetary awards, trophies, mementos, or honorary 
        degrees presented to a Member, officer, or employee.
            ``(K) Consumable products provided to a Member's office by 
        a home-State business which are primarily intended for 
        consumption by persons other than the Member or staff.
            ``(L) Awards and prizes given to competitors in contests or 
        events open to the public, including random drawings.
            ``(M) Opportunities and benefits which are available to the 
        public or to Federal employees.
            ``(N) Opportunities and benefits offered to members of a 
        group or class in which membership is unrelated to 
        congressional employment.
            ``(O) Opportunities and benefits based on outside business 
        or employment activities which it is clear that such 
        opportunities and benefits have not been offered or enhanced 
        because of a Member's, officer's, or employee's official 
        status.
    ``(b)(1) No Member, officer, or employee may accept payment or 
reimbursement for meals or entertainment.
    ``(2) For purposes of this rule, the following are not meals or 
entertainment subject to the prohibition in subparagraph (1):
            ``(A) Meals and entertainment provided by a relative, 
        including a fiancee.
            ``(B) Meals or entertainment or both from a friend, given 
        under circumstances which make it clear that the meal or 
        entertainment is provided based on a personal friendship rather 
        than the position of the Member, officer, or employee. Relevant 
        factors in making such a determination include the history of 
        the relationship and whether the friend personally pays for the 
        meal or entertainment.
            ``(C) Meals, food, and entertainment provided at widely 
        attended gatherings, including conventions, charity events, 
        conferences, symposiums, retreats, dinners, receptions, 
        viewings, or similar events if the meals, food, and 
        entertainment are not solicited by the Member, officer, or 
        employee.
    ``(c) No Member, officer, or employee may accept payment or 
reimbursement for travel expenses (including associated transportation, 
lodging, or entertainment) from anyone (including a foreign government 
in a foreign country) unless such travel expenses were paid by a 
relative or personal friend.''.
    (b) Sanction.--Clause 4(e)(1)(B) of rule X of the Rules of the 
House of Representatives is amended by inserting before the semicolon 
the following: ``except that if a Member, officer, or employee violated 
clause 4 of rule XLIII, such Member, officer, or employee shall be 
subject to disciplinary action by the committee, including a fine of a 
value not less than the value of the gift, meals, food, and 
entertainment, or travel expenses received in violation of such clause 
and of a value not to exceed three times the value of such gift, meals, 
food, and entertainment, or travel expenses''.
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