[Congressional Bills 104th Congress]
[From the U.S. Government Printing 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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