I
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 individ-
uals 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 re-
ferred to the Committee on House Oversight, and in addition to the Com-
mittees 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 Representa-
tives 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 ELEC-
TIONS 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 CONTRIBU-
TIONS FROM PERSONS OTHER THAN POLITI-
CAL PARTY COMMITTEES AND IN-STATE INDI-
VIDUAL 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 Rep-
resentative 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 para-
graph (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 ‘‘para-
graph (2)’’ each place it appears; and
(6) in paragraph (5), as so redesignated by
paragraph (2) of this section, by striking out ‘‘para-
graphs (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 fur-
ther amended by adding at the end the following new sub-
section:
‘‘(j) A candidate for Federal office may not, with re-
spect 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 CONTRIBU-
TIONS TO ALL PERSONS OTHER THAN POLIT-
ICAL 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 po-
litical party,’’.
SEC. 8. BAN ON GIFTS TO MEMBERS, OFFICERS, AND EM-
PLOYEES OF THE HOUSE OF REPRESENTA-
TIVES.
(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 ac-
cept a gift, whether made directly or indirectly, from any-
one.
‘‘(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 mo-
tivated by a personal friendship rather than the po-
sition of the Member, officer, or employee. In deter-
mining if a gift is motivated by a personal friend-
ship, the history of the relationship shall be consid-
ered 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 indi-
vidual, not a corporation or organization, for a non-
business purpose on facilities owned by that individ-
ual 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 trans-
fers at death.
‘‘(G) Political contributions as defined by the
Federal Election Commission and otherwise reported
as required by law.
‘‘(H) Food, lodging, transportation, and enter-
tainment 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 Mem-
ber’s office by a home-State business which are pri-
marily 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 ran-
dom 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 out-
side business or employment activities which it is
clear that such opportunities and benefits have not
been offered or enhanced because of a Member’s, of-
ficer’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 sub-
paragraph (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 posi-
tion 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 coun-
try) 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 in-
serting 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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