I

103D CONGRESS

1ST SESSION H. R. 874

To amend the Federal Election Campaign Act of 1971 to provide for a

voluntary system of spending limits and benefits for congressional election campaigns, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 4, 1993

Mr. CARDIN introduced the following bill; which was referred jointly to the

Committees on House Administration, Energy and Commerce, and Post

Office and Civil Service

A BILL

To amend the Federal Election Campaign Act of 1971 to

provide for a voluntary system of spending limits and

benefits for congressional election campaigns, and for

other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; AMENDMENT OF CAMPAIGN ACT;

4 TABLE OF CONTENTS.

5 (a) SHORT TITLE.—This Act may be cited as the ‘‘Con6 gressional Campaign Reform Act of 1993’’.
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1 (b) AMENDMENT OF FECA.—When used in this Act,

2 the term ‘‘FECA’’ means the Federal Election Campaign

3 Act of 1971 (2 U.S.C. 431 et seq.).

4 (c) TABLE OF CONTENTS.—

Sec. 1. Short title; amendment of Campaign Act; table of contents.

TITLE I—CONTROL OF CONGRESSIONAL CAMPAIGN SPENDING

Subtitle A—Expenditure Limitations, Contribution Limitations, and Matching

Funds for Eligible House of Representatives Candidates

Sec. 101. Provisions applicable to eligible House of Representatives candidates.

Sec. 102. Limitations on political committee and large donor contributions that

may be accepted by House of Representatives candidates.

Sec. 103. Excess funds of incumbents who are candidates for the House of

Representatives.

Subtitle B—General Provisions

Sec. 121. Broadcast rates and preemption.

Sec. 122. Extension of reduced third-class mailing rates to eligible House of

Representatives candidates.

Sec. 123. Reporting requirements for certain independent expenditures.

Sec. 124. Campaign advertising amendments.

Sec. 125. Definitions.

Sec. 126. Provisions relating to franked mass mailings.

Sec. 127. Debate Requirement.

TITLE II—INDEPENDENT EXPENDITURES

Sec. 201. Clarification of definitions relating to independent expenditures.

TITLE III—EXPENDITURES

Subtitle A—Personal Loans; Credit

Sec. 301. Personal contributions and loans.

Sec. 302. Extensions of credit.

Subtitle B—Provisions Relating to Soft Money of Political Parties

Sec. 311. Contributions to political party committees.

Sec. 312. Provisions relating to national, State, and local party committees.

Sec. 313. Restrictions on fundraising by candidates and officeholders.

Sec. 314. Reporting requirements.

TITLE IV—CONTRIBUTIONS

Sec. 401. Contributions through intermediaries and conduits.

Sec. 402. Contributions by dependents not of voting age.

Sec. 403. Contributions to candidates from State and local committees of political parties to be aggregated.

Sec. 404. Limited exclusion of advances by campaign workers from the definition of the term ‘‘contribution’’.
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TITLE V—REPORTING REQUIREMENTS

Sec. 501. Change in certain reporting from a calendar year basis to an election

cycle basis.

Sec. 502. Personal and consulting services.

Sec. 503. Reduction in threshold for reporting of certain information by persons other than political committees.

Sec. 504. Computerized indices of contributions.

TITLE VI—FEDERAL ELECTION COMMISSION

Sec. 601. Use of candidates’ names.

Sec. 602. Reporting requirements.

Sec. 603. Provisions relating to the general counsel of the Commission.

Sec. 604. Enforcement.

Sec. 605. Penalties.

Sec. 606. Random audits.

Sec. 607. Prohibition of false representation to solicit contributions.

Sec. 608. Regulations relating to use of non-Federal money.

TITLE VII—BALLOT INITIATIVE COMMITTEES

Sec. 701. Definitions relating to ballot initiatives.

Sec. 702. Amendment to definition of contribution.

Sec. 703. Amendment to definition of expenditure.

Sec. 704. Organization of ballot initiative committees.

Sec. 705. Ballot initiative committee reporting requirements.

Sec. 706. Enforcement amendment.

Sec. 707. Prohibition of contributions in the name of another.

Sec. 708. Limitation on contribution of currency.

TITLE VIII—MISCELLANEOUS

Sec. 801. Prohibition of leadership committees.

Sec. 802. Polling data contributed to candidates.

Sec. 803. Debates by general election candidates who receive amounts from the

Presidential Election Campaign Fund.

Sec. 804. Prohibition of certain election-related activities of foreign nationals.

Sec. 805. Amendment to FECA section 316.

Sec. 806. Telephone voting by persons with disabilities.

Sec. 807. Prohibition of use of Government aircraft in connection with elections

for Federal office.

Sec. 808. Sense of the Congress.

TITLE IX—EFFECTIVE DATES; AUTHORIZATIONS

Sec. 901. Effective date.

Sec. 902. Budget neutrality.

Sec. 903. Severability.

Sec. 904. Expedited review of constitutional issues.
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1 TITLE I—CONTROL OF CON2 GRESSIONAL CAMPAIGN

3 SPENDING

4 Subtitle A—Expenditure Limita5 tions, Contribution Limitations,

6 and Matching Funds for Eligible

7 House of Representatives Can8 didates

9 SEC. 101. PROVISIONS APPLICABLE TO ELIGIBLE HOUSE

10 OF REPRESENTATIVES CANDIDATES.

11 (a) IN GENERAL.—FECA is amended by adding at

12 the end the following new title:

13 ‘‘TITLE V—EXPENDITURE LIMI14 TATIONS, CONTRIBUTION

15 LIMITATIONS, AND MATCH16 ING FUNDS FOR ELIGIBLE

17 HOUSE OF REPRESENTA18 TIVES CANDIDATES

19 ‘‘SEC. 501. EXPENDITURE LIMITATIONS.

20 ‘‘(a) IN GENERAL.—An eligible House of Representa21 tives candidate may not, in an election cycle, make expend22 itures aggregating more than $600,000, of which not more

23 than $400,000 may be expended in the general election

24 period.
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1 ‘‘(b) RUNOFF ELECTION AND SPECIAL ELECTION

2 AMOUNTS.—

3 ‘‘(1) RUNOFF ELECTION AMOUNT.—In addition

4 to the expenditures under subsection (a), an eligible

5 House of Representatives candidate who is a can6 didate in a runoff election may make expenditures

7 aggregating not more than 20 percent of the general

8 election period limit under subsection (a).

9 ‘‘(2) SPECIAL ELECTION AMOUNT.—An eligible

10 House of Representatives candidate who is a can11 didate in a special election may make expenditures

12 aggregating not more than $400,000 with respect to

13 the special election.

14 ‘‘(c) CLOSELY CONTESTED PRIMARY.—If, as deter15 mined by the Commission, an eligible House of Represent16 atives candidate in a contested primary election wins that

17 primary election by a margin of 10 percentage points or

18 less, subject to the general election period limitation in

19 subsection (a), the candidate may make additional expend20 itures of not more than $150,000 in the general election

21 period. The additional expenditures shall be from con22 tributions described in section 503(h) and payments de23 scribed in section 504(f).

24 ‘‘(d) NONPARTICIPATING OPPONENT PROVISIONS.—
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1 ‘‘(1) LIMITATION EXCEPTION.—The limitations

2 imposed by subsections (a) and (b) do not apply in

3 the case of an eligible House of Representatives can4 didate if any other candidate seeking nomination or

5 election to that office—

6 ‘‘(A) is not an eligible House of Represent7 atives candidate; and

8 ‘‘(B) makes expenditures in excess of 80

9 percent of the general election period limitation

10 specified in subsection (a).

11 ‘‘(2) CONTINUED ELIGIBILITY AND ADDITIONAL

12 MATCHING FUNDS.—An eligible House of Represent13 atives candidate referred to in paragraph (1)—

14 ‘‘(A) shall continue to be eligible for all

15 benefits under this title; and

16 ‘‘(B) shall receive matching funds without

17 regard to the ceiling under section 504(a).

18 ‘‘(3) REPORTING REQUIREMENT.—A candidate

19 for the office of Representative in, or Delegate or

20 Resident Commissioner to, the Congress—

21 ‘‘(A) who is not an eligible House of Rep22 resentatives candidate; and

23 ‘‘(B) who—
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1 ‘‘(i) receives contributions in excess of

2 50 percent of the general election period

3 limitation specified in subsection (a)(1); or

4 ‘‘(ii) makes expenditures in excess of

5 80 percent of such limit;

6 shall report that the threshold has been reached to

7 the Clerk of the House of Representatives not later

8 than 48 hours after reaching the threshold. The

9 Clerk shall transmit a report received under this

10 paragraph to the Commission as soon as possible

11 (but no later than 4 working hours of the Commis12 sion) after such receipt, and the Commission shall

13 transmit a copy to each other candidate in the elec14 tion within 48 hours of receipt.

15 ‘‘(e) EXEMPTION FOR CERTAIN COSTS AND

16 TAXES.—Payments for legal and accounting compliance

17 costs, and Federal, State, or local taxes with respect to

18 a candidate’s authorized committees, shall not be consid19 ered in the computation of amounts subject to limitation

20 under this section.

21 ‘‘(f) EXEMPTION FOR FUNDRAISING COSTS.—

22 ‘‘(1) Any costs incurred by an eligible House of

23 Representatives candidate or his or her authorized

24 committee in connection with the solicitation of con25 tributions on behalf of such candidate shall not be
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1 considered in the computation of amounts subject to

2 limitation under this section to the extent that the

3 aggregate of such costs does not exceed 5 percent of

4 the limitation under subsection (a) or subsection (b).

5 ‘‘(2) An amount equal to 5 percent of salaries

6 and overhead expenditures of an eligible House of

7 Representatives candidate’s campaign headquarters

8 and offices shall not be considered in the computa9 tion of amounts subject to limitation under this sec10 tion. Any amount excluded under this paragraph

11 shall be applied against the fundraising expenditure

12 exemption under paragraph (1).

13 ‘‘(g) CIVIL PENALTIES.—

14 ‘‘(1) LOW AMOUNT OF EXCESS EXPENDI15 TURES.—Any eligible House of Representatives can16 didate who makes expenditures that exceed a limita17 tion under subsection (a) or subsection (b) by 2.5

18 percent or less shall pay to the Commission an

19 amount equal to the amount of the excess expendi20 tures.

21 ‘‘(2) MEDIUM AMOUNT OF EXCESS EXPENDI22 TURES.—Any eligible House of Representatives can23 didate who makes expenditures that exceed a limita24 tion under subsection (a) or subsection (b) by more

25 than 2.5 percent and less than 5 percent shall pay
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1 to the Commission an amount equal to three times

2 the amount of the excess expenditures.

3 ‘‘(3) LARGE AMOUNT OF EXCESS EXPENDI4 TURES.—Any eligible House of Representatives can5 didate who makes expenditures that exceed a limita6 tion under subsection (a) or subsection (b) by 5 per7 cent or more shall pay to the Commission an

8 amount equal to three times the amount of the ex9 cess expenditures plus a civil penalty in an amount

10 determined by the Commission.

11 ‘‘(h) INDEXING.—The dollar amounts specified in

12 subsections (a), (b), (c), and (e) shall be adjusted at the

13 beginning of each calendar year based on the increase in

14 the price index determined under section 315(c), except

15 that, for the purposes of such adjustment, the base period

16 shall be calendar year 1993.

17 ‘‘SEC. 502. STATEMENT OF PARTICIPATION; CONTINUING

18 ELIGIBILITY.

19 ‘‘(a) IN GENERAL.—The Commission shall determine

20 whether a candidate is in compliance with this title and,

21 by reason of such compliance, is eligible to receive benefits

22 under this title. Such determination shall—

23 ‘‘(1) in the case of an initial determination, be

24 based on a statement of participation submitted by

25 the candidate; and
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1 ‘‘(2) in the case of a determination of continu2 ing eligibility, be based on relevant additional infor3 mation submitted in such form and manner as the

4 Commission may require.

5 ‘‘(b) FILING.—The statement of participation re6 ferred to in subsection (a) shall be filed with the Clerk

7 of the House of Representatives not later than January

8 31 of the election year or on the date on which the can9 didate files a statement of candidacy, whichever is later.

10 The Clerk of the House of Representatives shall transmit

11 a statement received under this section to the Commission

12 as soon as possible.

13 ‘‘SEC. 503. CONTRIBUTION LIMITATIONS.

14 ‘‘(a) ELIGIBLE HOUSE OF REPRESENTATIVES CAN15 DIDATE LIMITATION.—An eligible House of Representa16 tives candidate may not, with respect to an election cycle,

17 accept contributions aggregating in excess of $600,000.

18 ‘‘(b) NONPARTICIPATING OPPONENT PROVISIONS.—

19 The limitations imposed by subsection (a) do not apply

20 in the case of an eligible House of Representatives can21 didate if any other candidate seeking nomination or elec22 tion to that office—

23 ‘‘(1) is not an eligible House of Representatives

24 candidate; and
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1 ‘‘(2) receives contributions in excess of 50 per2 cent of the general election period limitation speci3 fied in section 501(a).

4 ‘‘(c) TRANSFER PROVISIONS.—

5 ‘‘(1) If an eligible House of Representatives

6 candidate transfers any amount from an election

7 cycle to a later election cycle, the limitation with re8 spect to the candidate under subsection (a) for the

9 later cycle shall be an amount equal to the difference

10 between the amount specified in that subsection and

11 the amount transferred.

12 ‘‘(2) If an eligible House of Representatives

13 candidate transfers any amount from an election

14 cycle to a later election cycle, each limitation with

15 respect to the candidate under section 315(j) for the

16 later cycle shall be one-third of the difference be17 tween the applicable amount specified in subsection

18 (a) and the amount transferred.

19 ‘‘(d) RUNOFF AMOUNT.—In addition to the contribu20 tions under subsection (a), an eligible House of Represent21 atives candidate who is a candidate in a runoff election

22 may accept contributions aggregating not more than 20

23 percent of the general election expenditure limit under sec24 tion 501(a) in the general election period. Of such con25 tributions, one-half may be from political committees and
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1 one-half may be from persons referred to in section

2 315(j)(2).

3 ‘‘(e) PERSONAL CONTRIBUTIONS.—

4 ‘‘(1) IN GENERAL.—An eligible House of Rep5 resentatives candidate may not, with respect to an

6 election cycle, make contributions to his or her own

7 campaign totaling more than $50,000 from the per8 sonal funds of the candidate. The amount that the

9 candidate may accept from persons referred to in

10 section 315(j)(2) shall be reduced by the amount of

11 contributions made under the preceding sentence.

12 Contributions from the personal funds of a can13 didate may not be matched under section 504.

14 ‘‘(2) LIMITATION EXCEPTION.—The limitation

15 imposed by paragraph (1) does not apply in the case

16 of an eligible House of Representatives candidate if

17 any other candidate—

18 ‘‘(A) is not an eligible House of Represent19 atives candidate; and

20 ‘‘(B) receives contributions in excess of 50

21 percent of the general election period limitation

22 specified in section 501(a).

23 ‘‘(3) TRIPLE MATCH.—An eligible House of

24 Representatives candidate, whose opponent makes

25 contributions to his or her own campaign in excess
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1 of 50 percent of the general election period limita2 tion specified in section 501(a), shall receive $3 in

3 matching funds for each $1 certified by the Commis4 sion as matchable for the eligible candidate.

5 ‘‘(f) CIVIL PENALTIES.—

6 ‘‘(1) LOW AMOUNT OF EXCESS CONTRIBU7 TIONS.—Any eligible House of Representatives can8 didate who accepts contributions that exceed the lim9 itation under subsection (a) by 2.5 percent or less

10 shall refund the excess contributions to the persons

11 who made the contributions.

12 ‘‘(2) MEDIUM AMOUNT OF EXCESS CONTRIBU13 TIONS.—Any eligible House of Representatives can14 didate who accepts contributions that exceed a limi15 tation under subsection (a) by more than 2.5 per16 cent and less than 5 percent shall pay to the Com17 mission an amount equal to three times the amount

18 of the excess contributions.

19 ‘‘(3) LARGE AMOUNT OF EXCESS CONTRIBU20 TIONS.—Any eligible House of Representatives can21 didate who accepts contributions that exceed a limi22 tation under subsection (a) by 5 percent or more

23 shall pay to the Commission an amount equal to

24 three times the amount of the excess contributions
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1 plus a civil penalty in an amount determined by the

2 Commission.

3 ‘‘(g) EXEMPTION FOR CERTAIN COSTS.—(1) Any

4 amount—

5 ‘‘(A) accepted by a candidate for the office of

6 Representative in, or Delegate or Resident Commis7 sioner to the Congress; and

8 ‘‘(B) used for legal and accounting compliance

9 costs, or used to pay Federal, State, or local taxes

10 with respect to a candidate’s authorized committees

11 shall not be considered in the computation of

12 amounts subject to limitation under subsection (a).

13 ‘‘(2) The balance of funds maintained for legal and

14 accounting compliance costs by the authorized committees

15 of an eligible House of Representatives candidate shall not

16 exceed 20 percent of the limit under subsection (a) at any

17 time.

18 ‘‘(3) No funds received by a candidate under section

19 504 may be transferred to a separate legal and accounting

20 compliance fund.

21 ‘‘(h) CLOSELY CONTESTED PRIMARY.—If, as deter22 mined by the Commission, an eligible House of Represent23 atives candidate in a contested primary election wins that

24 primary election by a margin of 10 percentage points or

25 less, notwithstanding the limitation in subsection (a), the
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1 candidate may, in the general election period, accept addi2 tional contributions of not more than $150,000, consisting

3 of—

4 ‘‘(1) not more than $50,000 from political com5 mittees; and

6 ‘‘(2) not more than $50,000 from individuals

7 referred to in section 315(j)(2).

8 ‘‘(i) INDEXING.—The dollar amounts specified in

9 subsections (a), (d), (e), and (h) shall be adjusted at the

10 beginning of the calendar year based on the increase in

11 the price index determined under section 315(c), except

12 that, for the purposes of such adjustment, the base period

13 shall be calendar year 1992.

14 ‘‘SEC. 504. MATCHING FUNDS.

15 ‘‘(a) IN GENERAL.—An eligible House of Representa16 tives candidate shall be entitled to receive an amount equal

17 to two times the amount of contributions from individuals

18 received by the candidate, but not more than $400,000,

19 and not to the extent that contributions from any individ20 ual during the election cycle exceed $250 in the aggregate.

21 ‘‘(b) INDEPENDENT EXPENDITURE PROVISION.—If,

22 with respect to a general election involving an eligible

23 House of Representatives candidate, independent expendi24 tures totaling $10,000 are made against the eligible House

25 of Representatives candidate or in favor of another can-
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1 didate, the eligible House of Representatives candidate

2 shall be entitled, in addition to any amount received under

3 subsection (a), to a matching payment of $20,000 and ad4 ditional matching payments equal to two times the amount

5 of such independent expenditures above $10,000, and ex6 penditures may be made from such payments without re7 gard to the limitations in section 501.

8 ‘‘(c) SPECIFIC REQUIREMENTS.—A candidate for the

9 office of Representative in, or Delegate or Resident Com10 missioner to, the Congress may receive matching funds

11 under subsection (a) only if the candidate—

12 ‘‘(1) in an election cycle, has received $60,000

13 in contributions from individuals, with not more

14 than $250 to be taken into account per individual;

15 ‘‘(2) qualifies for the election ballot;

16 ‘‘(3) has an opponent on the election ballot; and

17 ‘‘(4) files a statement of participation in which

18 the candidate agrees to—

19 ‘‘(A) comply with the limitations under

20 sections 501 and 503;

21 ‘‘(B) cooperate in the case of any audit by

22 the Commission by furnishing such campaign

23 records and other information as the Commis24 sion may require; and
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1 ‘‘(C) comply with any repayment require2 ment under section 505.

3 ‘‘(d) WRITTEN INSTRUMENT REQUIREMENT.—No

4 contribution in any form other than a gift of money made

5 by a written instrument that identifies the individual mak6 ing the contribution may be used as a basis for any match7 ing payment under this section.

8 ‘‘(e) CERTIFICATION AND PAYMENT.—

9 ‘‘(1) CERTIFICATION.—Except as provided in

10 paragraphs (2) and (3), not later than 5 days after

11 receiving a request for payment, the Commission

12 shall certify for payment the amount requested

13 under subsection (a) or (b).

14 ‘‘(2) PAYMENTS.—The initial payment under

15 subsection (a) to an eligible candidate shall be

16 $120,000. All payments shall be—

17 ‘‘(A) made not later than 48 hours after

18 certification under paragraph (1); and

19 ‘‘(B) subject to proportional reduction in

20 the case of insufficient funds.

21 ‘‘(3) INCORRECT REQUEST.—If the Commission

22 determines that any portion of a request is incorrect,

23 the Commission shall withhold the certification for

24 that portion only and inform the candidate as to

25 how the candidate may correct the request.
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1 ‘‘(f) CLOSELY CONTESTED PRIMARY.—If, as deter2 mined by the Commission, an eligible House of Represent3 atives candidate in a contested primary election wins that

4 primary election by a margin of 10 percentage points or

5 less, the candidate shall be entitled to matching funds to6 taling not more than $50,000, in addition to any other

7 amount received under this section.

8 ‘‘(g) CONVERSIONS TO PERSONAL USE.—A can9 didate may not convert any amount received under this

10 section to personal use other than for reimbursement of

11 verifiable prior campaign expenditures.

12 ‘‘(h) INDEXING.—The dollar amounts specified in

13 subsections (a), (b), (c) (other than the amount in sub14 section (c) to be taken into account per individual), and

15 (f) shall be adjusted at the beginning of the calendar year

16 based on the increase in the price index determined under

17 section 315(c), except that, for the purposes of such ad18 justment, the base period shall be calendar year 1993.

19 ‘‘SEC. 505. EXAMINATION AND AUDITS; REPAYMENTS.

20 ‘‘(a) GENERAL ELECTION.—After each general elec21 tion, the Commission shall conduct an examination and

22 audit of the campaign accounts of 10 percent of the eligi23 ble House of Representatives candidates, as designated by

24 the Commission through the use of an appropriate statis25 tical method of random selection, to determine whether
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1 such candidates have complied with the conditions of eligi2 bility and other requirements of this title. No other factors

3 shall be considered in carrying out such an examination

4 and audit. In selecting the accounts to be examined and

5 audited, the Commission shall select all eligible candidates

6 from a congressional district where any eligible candidate

7 is selected for examination and audit.

8 ‘‘(b) SPECIAL ELECTION.—After each special elec9 tion, the Commission shall conduct an examination and

10 audit of the campaign accounts of all eligible candidates

11 in the election to determine whether the candidates have

12 complied with the conditions of eligibility and other re13 quirements of this title.

14 ‘‘(c) AFFIRMATIVE VOTE.—The Commission may

15 conduct an examination and audit of the campaign ac16 counts of any eligible House of Representatives candidate

17 in a general election if the Commission, by an affirmative

18 vote of 4 members, determines that there exists reason

19 to believe that such candidate may have violated any provi20 sion of this title.

21 ‘‘(d) PAYMENTS.—If the Commission determines that

22 any amount of a payment to a candidate under this title

23 was in excess of the aggregate payments to which such

24 candidate was entitled, the Commission shall so notify the
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1 candidate, and the candidate shall pay an amount equal

2 to the excess.

3 ‘‘SEC. 506. JUDICIAL REVIEW.

4 ‘‘(a) JUDICIAL REVIEW.—Any agency action by the

5 Commission made under the provisions of this title shall

6 be subject to review by the United States Court of Appeals

7 for the District of Columbia Circuit upon petition filed in

8 such court within 30 days after the agency action by the

9 Commission for which review is sought. It shall be the

10 duty of the Court of Appeals, ahead of all matters not

11 filed under this title, to advance on the docket and expedi12 tiously take action on all petitions filed pursuant to this

13 title.

14 ‘‘(b) APPLICATION OF TITLE 5.—The provisions of

15 chapter 7 of title 5, United States Code, shall apply to

16 judicial review of any agency action by the Commission.

17 ‘‘(c) AGENCY ACTION.—For purposes of this section,

18 the term ‘agency action’ has the meaning given such term

19 by section 551(13) of title 5, United States Code.

20 ‘‘SEC. 507. PARTICIPATION BY COMMISSION IN JUDICIAL

21 PROCEEDINGS.

22 ‘‘(a) APPEARANCES.—The Commission is authorized

23 to appear in and defend against any action instituted

24 under this section and under section 506 either by attor25 neys employed in its office or by counsel whom it may ap-
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1 point without regard to the provisions of title 5, United

2 States Code, governing appointments in the competitive

3 service, and whose compensation it may fix without regard

4 to the provisions of chapter 51 and subchapter III of chap5 ter 53 of such title.

6 ‘‘(b) INSTITUTION OF ACTIONS.—The Commission is

7 authorized, through attorneys and counsel described in

8 subsection (a), to institute actions in the district courts

9 of the United States to seek recovery of any amounts de10 termined under this title to be payable to the Secretary.

11 ‘‘(c) INJUNCTIVE RELIEF.—The Commission is au12 thorized, through attorneys and counsel described in sub13 section (a), to petition the courts of the United States for

14 such injunctive relief as is appropriate in order to imple15 ment any provision of this title.

16 ‘‘(d) APPEALS.—The Commission is authorized on

17 behalf of the United States to appeal from, and to petition

18 the Supreme Court for certiorari to review, judgments or

19 decrees entered with respect to actions in which it appears

20 pursuant to the authority provided in this section.

21 ‘‘SEC. 508. REPORTS TO CONGRESS; CERTIFICATIONS; REG22 ULATIONS.

23 ‘‘(a) REPORTS.—The Commission shall, as soon as

24 practicable after each election, submit a full report to the

25 House of Representatives setting forth—
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1 ‘‘(1) the expenditures (shown in such detail as

2 the Commission determines appropriate) made by

3 each eligible candidate and the authorized commit4 tees of such candidate;

5 ‘‘(2) the aggregate amount of matching fund

6 payments certified by the Commission under section

7 504 for each eligible candidate; and

8 ‘‘(3) the amount of repayments, if any, required

9 under section 505, and the reasons for each repay10 ment required.

11 Each report submitted pursuant to this section shall be

12 printed as a House document.

13 ‘‘(b) DETERMINATIONS BY COMMISSION.—All deter14 minations (including certifications under section 504)

15 made by the Commission under this title shall be final and

16 conclusive, except to the extent that they are subject to

17 examination and audit by the Commission under section

18 505 or judicial review under section 506.

19 ‘‘(c) RULES AND REGULATIONS.—The Commission is

20 authorized to prescribe such rules and regulations, in ac21 cordance with the provisions of subsection (d), to conduct

22 such audits, examinations and investigations, and to re23 quire the keeping and submission of such books, records,

24 and information, as it deems necessary to carry out the

25 functions and duties imposed on it by this title.
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1 ‘‘(d) REPORT OF PROPOSED REGULATIONS.—The

2 Commission shall submit to the House of Representatives

3 a report containing a detailed explanation and justification

4 of each rule, regulation, and form of the Commission

5 under this title. No such rule, regulation, or form may

6 take effect until a period of 30 legislative days has elapsed

7 after the report is received. As used in this subsection—

8 ‘‘(1) the term ‘legislative day’ means any cal9 endar day on which the House of Representatives is

10 in session; and

11 ‘‘(2) the terms ‘rule’ and ‘regulation’ mean a

12 provision or series of interrelated provisions stating

13 a single, separable rule of law.

14 ‘‘SEC. 509. CLOSED CAPTIONING REQUIREMENT FOR TELE15 VISION COMMERCIALS OF ELIGIBLE HOUSE

16 OF REPRESENTATIVES CANDIDATES.

17 ‘‘No eligible House of Representatives candidate may

18 receive amounts under section 504 unless such candidate

19 has certified that any television commercial prepared or

20 distributed by the candidate will be prepared in a manner

21 that contains, is accompanied by, or otherwise readily per22 mits closed captioning of the oral content of the commer23 cial to be broadcast by way of line 21 of the vertical blank24 ing interval, or by way of comparable successor tech25 nologies.’’.
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1 (b) EFFECT OF INVALIDITY ON OTHER PROVISIONS

2 OF ACT.—If title V of FECA (as added by this section),

3 or any part thereof, is held to be invalid, all provisions

4 of, and amendments made by, this Act, shall be treated

5 as invalid.

6 SEC. 102. LIMITATIONS ON POLITICAL COMMITTEE AND

7 LARGE DONOR CONTRIBUTIONS THAT MAY

8 BE ACCEPTED BY HOUSE OF REPRESENTA9 TIVES CANDIDATES.

10 Section 315 of the Federal Election Campaign Act

11 of 1971 (2 U.S.C. 441a) is amended by adding at the end

12 the following new subsection:

13 ‘‘(i)(1) A candidate for the office of Representative

14 in, or Delegate or Resident Commissioner to, the Congress

15 may not, with respect to an election cycle, accept contribu16 tions from political committees aggregating in excess of

17 $200,000.

18 ‘‘(2) A candidate for the office of Representative in,

19 or Delegate or Resident Commissioner to, the Congress

20 may not, with respect to an election cycle, accept contribu21 tions aggregating in excess of $200,000 from persons

22 other than political committees whose contributions total

23 more than $250.

24 ‘‘(3) In addition to the contributions under para25 graphs (1) and (2), a House of Representatives candidate
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1 who is a candidate in a runoff election may accept con2 tributions aggregating not more than $80,000 with re3 spect to the runoff election. Of such contributions, one4 half may be from political committees and one-half may

5 be from persons referred to in paragraph (2).

6 ‘‘(4) Any amount—

7 ‘‘(A) accepted by a candidate for the office of

8 Representative in, or Delegate or Resident Commis9 sioner to the Congress; and

10 ‘‘(B) used for legal and accounting compliance

11 costs, Federal, State, and local taxes,

12 shall not be considered in the computation of amounts

13 subject to limitation under paragraphs (1), (2), and (3),

14 but shall be subject to the other limitations of this Act.

15 ‘‘(5) In addition to any other contributions under this

16 subsection, if, as determined by the Commission, an eligi17 ble House of Representatives candidate in a contested pri18 mary election wins that primary election by a margin of

19 10 percentage points or less, the candidate may, in the

20 general election period, accept contributions of not more

21 than $150,000, consisting of—

22 ‘‘(A) not more than $50,000 from political

23 committees; and

24 ‘‘(B) not more than $50,000 from persons

25 referred to in paragraph (2).
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1 ‘‘(6) The dollar amounts specified in paragraphs (1),

2 (2), (3), and (5) (other than the amounts in paragraphs

3 (2) and (5) relating to contribution totals) shall be ad4 justed in the manner provided in section 315(c), except

5 that, for the purposes of such adjustment, the base period

6 shall be calendar year 1993.’’.

7 SEC. 103. EXCESS FUNDS OF INCUMBENTS WHO ARE CAN8 DIDATES FOR THE HOUSE OF REPRESENTA9 TIVES.

10 An individual who—

11 (1) is a candidate for the office of Representa12 tive in, or Delegate or Resident Commissioner to,

13 the Congress in an election cycle to which title V of

14 FECA (as enacted by section 101 of this Act) ap15 plies;

16 (2) is an incumbent of that office; and

17 (3) as of the date of the first statement of par18 ticipation submitted by the individual under section

19 502 of FECA, has campaign accounts containing in

20 excess of $600,000;

21 shall deposit such excess in a separate account subject to

22 the provision of section 304 of FECA. The amount so de23 posited shall be available for any lawful purpose other

24 than use, with respect to the individual, for an election
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1 for the office of Representative in, or Delegate or Resident

2 Commissioner to, the Congress.

3 Subtitle B—General Provisions

4 SEC. 121. BROADCAST RATES AND PREEMPTION.

5 (a) BROADCAST RATES.—Section 315(b) of the Com6 munications Act of 1934 (47 U.S.C. 315(b)) is amended

7 in paragraph (1)—

8 (1) by striking out ‘‘forty-five’’ and insert9 ing in lieu thereof ‘‘30’’;

10 (2) by striking out ‘‘sixty’’ and inserting in

11 lieu thereof ‘‘45’’; and

12 (3) by striking out ‘‘lowest unit charge of

13 the station for the same class and amount of

14 time for the same period’’ and inserting ‘‘lowest

15 charge of the station for the same amount of

16 time for the same period on the same date’’.

17 (b) PREEMPTION; ACCESS.—Section 315 of such Act

18 (47 U.S.C. 315) is amended by redesignating subsections

19 (c) and (d) as subsections (d) and (e), respectively, and

20 by inserting immediately after subsection (b) the following

21 new subsection:

22 ‘‘(c)(1) Except as provided in paragraph (2), a li23 censee shall not preempt the use, during any period speci24 fied in subsection (b)(1), of a broadcasting station by a

25 legally qualified candidate for public office who has pur-
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1 chased and paid for such use pursuant to the provisions

2 of subsection (b)(1).

3 ‘‘(2) If a program to be broadcast by a broadcasting

4 station is preempted because of circumstances beyond the

5 control of the broadcasting station, any candidate adver6 tising spot scheduled to be broadcast during that program

7 may also be preempted.’’.

8 SEC. 122. EXTENSION OF REDUCED THIRD-CLASS MAILING

9 RATES TO ELIGIBLE HOUSE OF REPRESENTA10 TIVES CANDIDATES.

11 Section 3626(e) of title 39, United States Code, is

12 amended—

13 (1) in paragraph (2)(A)—

14 (A) by striking out ‘‘and the National’’

15 and inserting in lieu thereof ‘‘the National’’;

16 and

17 (B) by striking out ‘‘Committee;’’ and in18 serting in lieu thereof ‘‘Committee, and, subject

19 to paragraph (3), the principal campaign com20 mittee of an eligible House of Representatives

21 candidate;’’;

22 (2) in paragraph (2)(B), by striking out ‘‘and’’

23 after the semicolon;

24 (3) in paragraph (2)(C), by striking out the pe25 riod and inserting in lieu thereof ‘‘; and’’;
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1 (4) by adding after paragraph (2)(C) the fol2 lowing new subparagraph:

3 ‘‘(D) the terms ‘eligible House of Representa4 tives candidate’, and ‘principal campaign committee’

5 have the meanings given those terms in section 301

6 of the Federal Election Campaign Act of 1971.’’;

7 and

8 (5) by adding after paragraph (2) the following

9 new paragraph:

10 ‘‘(3) The rate made available under this subsection

11 with respect to an eligible House of Representatives can12 didate shall apply only to—

13 ‘‘(A) the general election period (as defined in

14 section 301 of the Federal Election Campaign Act of

15 1971); and

16 ‘‘(B) that number of pieces of mail equal to the

17 number of individuals in the voting age population

18 (as certified under section 315(e) of such Act) of the

19 congressional district.’’.

20 SEC. 123. REPORTING REQUIREMENTS FOR CERTAIN INDE21 PENDENT EXPENDITURES.

22 Section 304(c) of FECA (2 U.S.C. 434(c)) is amend23 ed—

24 (1) in paragraph (2), by striking out the undes25 ignated matter after subparagraph (C);
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1 (2) by redesignating paragraph (3) as para2 graph (5); and

3 (3) by inserting after paragraph (2), as amend4 ed by paragraph (1), the following new paragraphs:

5 ‘‘(3)(A) Any independent expenditure (including

6 those described in subsection (b)(6)(B)(iii) of this section)

7 aggregating $1,000 or more made after the 20th day, but

8 more than 24 hours, before any election shall be reported

9 within 24 hours after such independent expenditure is

10 made.

11 ‘‘(B) Any independent expenditure aggregating

12 $10,000 or more made at any time up to and including

13 the 20th day before any election shall be reported within

14 48 hours after such independent expenditure is made. An

15 additional statement shall be filed each time independent

16 expenditures aggregating $10,000 are made with respect

17 to the same election as the initial statement filed under

18 this section.

19 ‘‘(C) Such statement shall be filed with the Clerk of

20 the House of Representatives and the Secretary of State

21 of the State involved and shall contain the information re22 quired by subsection (b)(6)(B)(iii) of this section, includ23 ing whether the independent expenditure is in support of,

24 or in opposition to, the candidate involved. The Clerk of

25 the House of Representatives shall as soon as possible (but
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1 not later than 4 working hours of the Commission) after

2 receipt of a statement transmit it to the Commission. Not

3 later than 48 hours after the Commission receives a re4 port, the Commission shall transmit a copy of the report

5 to each candidate seeking nomination or election to that

6 office.

7 ‘‘(D) For purposes of this section, the term ‘made’

8 includes any action taken to incur an obligation for pay9 ment.

10 ‘‘(4)(A) If any person intends to make independent

11 expenditures totaling $5,000 during the 20 days before

12 an election, such person shall file a statement no later

13 than the 20th day before the election.

14 ‘‘(B) Such statement shall be filed with the Clerk of

15 the House of Representatives and the Secretary of State

16 of the State involved, and shall identify each candidate

17 whom the expenditure will support or oppose. The Clerk

18 of the House of Representatives shall as soon as possible

19 (but not later than 4 working hours of the Commission)

20 after receipt of a statement transmit it to the Commission.

21 Not later than 48 hours after the Commission receives a

22 statement under this paragraph, the Commission shall

23 transmit a copy of the statement to each candidate identi24 fied.
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1 ‘‘(5) The Commission may make its own determina2 tion that a person has made, or has incurred obligations

3 to make, independent expenditures with respect to any

4 Federal election which in the aggregate exceed the applica5 ble amounts under paragraph (3) or (4). The Commission

6 shall notify each candidate in such election of such deter7 mination within 24 hours of making it.

8 ‘‘(6) At the same time as a candidate is notified

9 under paragraph (3), (4), or (5) with respect to expendi10 tures during a general election period, the Commission

11 shall certify eligibility to receive benefits under section

12 504(b).

13 ‘‘(7) The Clerk of the House of Representatives shall

14 make any statement received under this subsection avail15 able for public inspection and copying in the same manner

16 as the Commission under section 311(a)(4), and shall pre17 serve such statements in the same manner as the Commis18 sion under section 311(a)(5).’’.

19 SEC. 124. CAMPAIGN ADVERTISING AMENDMENTS.

20 Section 318 of FECA (2 U.S.C. 441d) is amended—

21 (1) in the matter before paragraph (1) of sub22 section (a), by striking ‘‘an expenditure’’ and insert23 ing ‘‘a disbursement’’;

24 (2) in the matter before paragraph (1) of sub25 section (a), by striking ‘‘direct’’;
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1 (3) in paragraph (3) of subsection (a), by in2 serting after ‘‘name’’ the following ‘‘and permanent

3 street address’’; and

4 (4) by adding at the end the following new sub5 sections:

6 ‘‘(c) Any printed communication described in sub7 section (a) shall be—

8 ‘‘(1) of sufficient type size to be clearly read9 able by the recipient of the communication;

10 ‘‘(2) contained in a printed box set apart from

11 the other contents of the communication; and

12 ‘‘(3) consist of a reasonable degree of color con13 trast between the background and the printed state14 ment.

15 ‘‘(d)(1) Any broadcast or cablecast communication

16 described in subsection (a)(1) or subsection (a)(2) shall

17 include, in addition to the requirements of those sub18 sections an audio statement by the candidate that identi19 fies the candidate and states that the candidate has ap20 proved the communication.

21 ‘‘(2) If a broadcast or cablecast communication de22 scribed in paragraph (1) is broadcast or cablecast by

23 means of television, the statement required by paragraph

24 (1) shall—
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1 ‘‘(A) appear in a clearly readable manner

2 with a reasonable degree of color contrast be3 tween the background and the printed state4 ment, for a period of at least 4 seconds; and

5 ‘‘(B) be accompanied by a clearly identifi6 able photographic or similar image of the can7 didate.

8 ‘‘(e) Any broadcast or cablecast communication de9 scribed in subsection (a)(3) shall include, in addition to

10 the requirements of those subsections, in a clearly spoken

11 manner, the following statement—

12 ‘ is responsible for the content of

13 this advertisement.’

14 with the blank to be filled in with the name of the political

15 committee or other person paying for the communication

16 and the name of any connected organization of the payor;

17 and, if broadcast or cablecast by means of television, shall

18 also appear in a clearly readable manner with a reasonable

19 degree of color contrast between the background and the

20 printed statement, for a period of at least 4 seconds.’’.

21 SEC. 125. DEFINITIONS.

22 (a) IN GENERAL.—Section 301 of FECA (2 U.S.C.

23 431) is amended by striking paragraph (19) and inserting

24 the following new paragraphs:
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1 ‘‘(19) The term ‘general election’ means any election

2 which will directly result in the election of a person to a

3 Federal office, but does not include an open primary elec4 tion.

5 ‘‘(20) The term ‘general election period’ means, with

6 respect to any candidate, the period beginning on the day

7 after the date of the primary or runoff election for the

8 specific office the candidate is seeking, whichever is later,

9 and ending on the earlier of—

10 ‘‘(A) the date of such general election; or

11 ‘‘(B) the date on which the candidate withdraws

12 from the campaign or otherwise ceases actively to

13 seek election.

14 ‘‘(21) The term ‘immediate family’ means—

15 ‘‘(A) a candidate’s spouse;

16 ‘‘(B) a child, stepchild, parent, grandparent,

17 brother, half-brother, sister or half-sister of the can18 didate or the candidate’s spouse; and

19 ‘‘(C) the spouse of any person described in sub20 paragraph (B).

21 ‘‘(22) The term ‘major party’ has the meaning given

22 such term in section 9002(6) of the Internal Revenue Code

23 of 1986, except that if a candidate qualified under State

24 law for the ballot in a general election in an open primary

25 in which all the candidates for the office participated and
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1 which resulted in the candidate and at least one other can2 didate qualifying for the ballot in the general election,

3 such candidate shall be treated as a candidate of a major

4 party for purposes of title V.

5 ‘‘(23) The term ‘primary election’ means an election

6 which may result in the selection of a candidate for the

7 ballot in a general election for a Federal office.

8 ‘‘(24) The term ‘primary election period’ means, with

9 respect to any candidate, the period beginning on the day

10 following the date of the last election for the specific office

11 the candidate is seeking and ending on the earlier of—

12 ‘‘(A) the date of the first primary election for

13 that office following the last general election for that

14 office; or

15 ‘‘(B) the date on which the candidate withdraws

16 from the election or otherwise ceases actively to seek

17 election.

18 ‘‘(25) The term ‘runoff election’ means an election

19 held after a primary election which is prescribed by appli20 cable State law as the means for deciding which candidate

21 will be on the ballot in the general election for a Federal

22 office.

23 ‘‘(26) The term ‘runoff election period’ means, with

24 respect to any candidate, the period beginning on the day

25 following the date of the last primary election for the spe-
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1 cific office such candidate is seeking and ending on the

2 date of the runoff election for such office.

3 ‘‘(27) The term ‘voting age population’ means the

4 resident population, 18 years of age or older, as certified

5 pursuant to section 315(e).

6 ‘‘(28) The term ‘eligible House of Representatives

7 candidate’ means a candidate for election to the office of

8 Representative in, or Delegate or Resident Commissioner

9 to, the Congress, who, as determined by the Commission

10 under section 502, is eligible to receive matching payments

11 and other benefits under title V by reason of filing a state12 ment of participation and complying with the continuing

13 eligibility requirements under section 502.

14 ‘‘(29) The term ‘election cycle’ means—

15 ‘‘(A) in the case of a candidate or the author16 ized committees of a candidate, the term beginning

17 on the day after the date of the most recent general

18 election for the specific office or seat which such

19 candidate seeks and ending on the date of the next

20 general election for such office or seat; or

21 ‘‘(B) for all other persons, the term beginning

22 on the first day following the date of the last general

23 election and ending on the date of the next general

24 election.’’.
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1 (b) IDENTIFICATION.—Section 301(13) of FECA (2

2 U.S.C. 431(13)) is amended by striking ‘‘mailing address’’

3 and inserting ‘‘permanent residence address’’.

4 SEC. 126. PROVISIONS RELATING TO FRANKED MASS

5 MAILINGS.

6 (a) Section 3210 of title 39, United States Code, is

7 amended—

8 (1) in subsection (a)(7), by striking ‘‘, except

9 that—’’ and all that follows through the end of sub10 paragraph (B) and inserting a period; and

11 (2) in subsection (d)(1), by striking ‘‘de12 livery—’’ and all that follows through the end of

13 subparagraph (B) and inserting ‘‘delivery within

14 that area constituting the congressional district or

15 State from which the Member was elected.’’.

16 (b) PROHIBITION ON USE OF OFFICIAL FUNDS.—

17 The Committee on House Administration of the House of

18 Representatives may not approve any payment, nor may

19 a Member of the House of Representatives make any ex20 penditure from, any allowance of the House of Represent21 atives or any other official funds if any portion of the pay22 ment or expenditure is for any cost related to a mass mail23 ing by a Member of the House of Representatives outside

24 the congressional district of the Member.
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1 SEC. 127. DEBATE REQUIREMENT.

2 (a) IN GENERAL .—To be eligible to receive any bene3 fits under this title with respect to a general election, a

4 candidate shall participate in at least one public debate

5 (moderated by a nonpartisan group selected by the Fed6 eral Election Commission) during the 45 days before the

7 election.

8 (b) REGULATIONS.—In accordance with regulations

9 prescribed by the Federal Election Commission, the Fed10 eral Communications Commission shall implement a plan

11 which provides that the television stations that serve a sig12 nificant concentration of residents of a congressional dis13 trict shall make time available to broadcast at least one

14 such public debate on a rotating basis.

15 TITLE II—INDEPENDENT

16 EXPENDITURES

17 SEC. 201. CLARIFICATION OF DEFINITIONS RELATING TO

18 INDEPENDENT EXPENDITURES.

19 (a) INDEPENDENT EXPENDITURE DEFINITION

20 AMENDMENT.—Section 301 of FECA (2 U.S.C. 431) is

21 amended by striking paragraphs (17) and (18) and insert22 ing the following:

23 ‘‘(17)(A) The term ‘independent expenditure’ means

24 an expenditure for an advertisement or other communica25 tion that—

26 ‘‘(i) contains express advocacy; and
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1 ‘‘(ii) is made without the participation or co2 operation of a candidate or a candidate’s representa3 tive.

4 ‘‘(B) The following shall not be considered an inde5 pendent expenditure:

6 ‘‘(i) An expenditure made by a political commit7 tee of a political party.

8 ‘‘(ii) An expenditure made by a person who,

9 during the election cycle, has communicated with or

10 received information from a candidate or a rep11 resentative of that candidate regarding activities

12 that have the purpose of influencing that candidate’s

13 election to Federal office, where the expenditure is

14 in support of that candidate or in opposition to an15 other candidate for that office.

16 ‘‘(iii) An expenditure if there is any arrange17 ment, coordination, or direction with respect to the

18 expenditure between the candidate or the candidate’s

19 agent and the person making the expenditure.

20 ‘‘(iv) An expenditure if, in the same election

21 cycle, the person making the expenditure is or has

22 been—

23 ‘‘(I) authorized to raise or expend funds on

24 behalf of the candidate or the candidate’s au25 thorized committees; or
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1 ‘‘(II) serving as a member, employee, or

2 agent of the candidate’s authorized committees

3 in an executive or policymaking position.

4 ‘‘(v) An expenditure if the person making the

5 expenditure has advised or counseled the candidate

6 or the candidate’s agents at any time on the can7 didate’s plans, projects, or needs relating to the can8 didate’s pursuit of nomination for election, or elec9 tion, to Federal office, in the same election cycle, in10 cluding any advice relating to the candidate’s deci11 sion to seek Federal office.

12 ‘‘(vi) An expenditure if the person making the

13 expenditure retains the professional services of any

14 individual or other person also providing those serv15 ices in the same election cycle to the candidate in

16 connection with the candidate’s pursuit of nomina17 tion for election, or election, to Federal office, in18 cluding any services relating to the candidate’s deci19 sion to seek Federal office.

20 ‘‘(vii) An expenditure if the person making the

21 expenditure has consulted at any time during the

22 same election cycle about the candidate’s plans,

23 projects, or needs relating to the candidate’s pursuit

24 of nomination for election, or election, to Federal of25 fice, with—
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1 ‘‘(I) any officer, director, employee or

2 agent of a party committee that has made or

3 intends to make expenditures or contributions,

4 pursuant to subsections (a), (d), or (h) of sec5 tion 315 in connection with the candidate’s

6 campaign; or

7 ‘‘(II) any person whose professional serv8 ices have been retained by a political party com9 mittee that has made or intends to make ex10 penditures or contributions pursuant to sub11 sections (a), (d), or (h) of section 315 in con12 nection with the candidate’s campaign.

13 For purposes of this subparagraph, the person making the

14 expenditure shall include any officer, director, employee,

15 or agent of such person.

16 ‘‘(18) The term ‘express advocacy’ means, when a

17 communication is taken as a whole, an expression of sup18 port for or opposition to a specific candidate, to a specific

19 group of candidates, or to candidates of a particular politi20 cal party, or a suggestion to take action with respect to

21 an election, such as to vote for or against, make contribu22 tions to, or participate in campaign activity.’’.

23 (b) CONTRIBUTION DEFINITION AMENDMENT.—Sec24 tion 301(8)(A) of FECA (2 U.S.C. 431(8)(A)) is amend25 ed—
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1 (1) in clause (i), by striking ‘‘or’’ after the

2 semicolon at the end;

3 (2) in clause (ii), by striking the period at the

4 end and inserting ‘‘; or’’; and

5 (3) by adding at the end the following new

6 clause:

7 ‘‘(iii) any payment or other transaction referred

8 to in paragraph (17)(A)(i) that does not qualify as

9 an independent expenditure under paragraph

10 (17)(A)(ii).’’.

11 TITLE III—EXPENDITURES

12 Subtitle A—Personal Loans; Credit

13 SEC. 301. PERSONAL CONTRIBUTIONS AND LOANS.

14 Section 315 of FECA (2 U.S.C. 441a), as amended

15 by section 102, is amended by adding at the end the fol16 lowing new subsection:

17 ‘‘(k) LIMITATIONS ON PAYMENTS TO CANDIDATES.—

18 (1) If a candidate or a member of the candidate’s imme19 diate family made any loans to the candidate or to the

20 candidate’s authorized committees during any election

21 cycle, no contributions after the date of the general elec22 tion for such election cycle may be used to repay such

23 loans.

24 ‘‘(2) No contribution by a candidate or member of

25 the candidate’s immediate family may be returned to the
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1 candidate or member other than as part of a pro rata dis2 tribution of excess contributions to all contributors.’’.

3 SEC. 302. EXTENSIONS OF CREDIT.

4 Section 301(8)(A) of FECA (2 U.S.C. 431(8)(A)), as

5 amended by section 201(b), is amended—

6 (1) by striking ‘‘or’’ at the end of clause (ii);

7 (2) by striking the period at the end of clause

8 (iii) and inserting ‘‘; or’’; and

9 (3) by inserting at the end the following new

10 clause:

11 ‘‘(iv) with respect to a candidate and the

12 candidate’s authorized committees, any exten13 sion of credit for goods or services relating to

14 advertising on broadcasting stations, in news15 papers or magazines, or by mailings, or relating

16 to other similar types of general public political

17 advertising, if such extension of credit is—

18 ‘‘(I) in an amount of more than

19 $1,000; and

20 ‘‘(II) for a period greater than the pe21 riod, not in excess of 60 days, for which

22 credit is generally extended in the normal

23 course of business after the date on which

24 such goods or services are furnished or the
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1 date of the mailing in the case of advertis2 ing by a mailing.’’.

3 Subtitle B—Provisions Relating to

4 Soft Money of Political Parties

5 SEC. 311. CONTRIBUTIONS TO POLITICAL PARTY COMMIT6 TEES.

7 (a) INDIVIDUAL CONTRIBUTIONS TO STATE

8 PARTY.—Paragraph (1) of section 315(a) of FECA (2

9 U.S.C. 441a(a)(1)) is amended by striking ‘‘or’’ at the end

10 of subparagraph (B), by redesignating subparagraph (C)

11 as subparagraph (D), and by inserting after subparagraph

12 (B) the following new subparagraph:

13 ‘‘(C) to political committees established and

14 maintained by a State committee of a political party

15 in any calendar year which, in the aggregate, exceed

16 $10,000; or’’.

17 (b) MULTICANDIDATE COMMITTEE CONTRIBUTIONS

18 TO STATE PARTY.—Paragraph (2) of section 315(a) of

19 FECA (2 U.S.C. 441a(a)(2)) is amended by striking ‘‘or’’

20 at the end of subparagraph (B), by redesignating subpara21 graph (C) as subparagraph (D), and by inserting after

22 subparagraph (B) the following new subparagraph:

23 ‘‘(C) to political committees established and

24 maintained by a State committee of a political party
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1 in any calendar year which, in the aggregate, exceed

2 $10,000; or’’.

3 (c) INCREASE IN OVERALL LIMIT.—Paragraph (3) of

4 section 315(a) of FECA (2 U.S.C. 441a(a)(3)) is amended

5 by adding at the end thereof the following new sentence:

6 ‘‘The limitation under this paragraph shall be increased

7 (but not by more than $5,000) by the amount of contribu8 tions made by an individual during a calendar year to po9 litical committees which are taken into account for pur10 poses of paragraph (1)(C).’’.

11 SEC. 312. PROVISIONS RELATING TO NATIONAL, STATE,

12 AND LOCAL PARTY COMMITTEES.

13 (a) EXPENDITURES BY STATE COMMITTEES IN CON14 NECTION WITH PRESIDENTIAL CAMPAIGNS.—Section

15 315(d) of FECA (2 U.S.C. 441a(d)) is amended by insert16 ing at the end thereof the following new paragraph:

17 ‘‘(4) A State committee of a political party, including

18 subordinate committees of that State committee, shall not

19 make expenditures in connection with the general election

20 campaign of a candidate for President of the United

21 States who is affiliated with such party which, in the ag22 gregate, exceed an amount equal to 4 cents multiplied by

23 the voting age population of the State, as certified under

24 subsection (e). This paragraph shall not authorize a com25 mittee to make expenditures for audio broadcasts (includ-
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1 ing television broadcasts) in excess of the amount which

2 could have been made without regard to this paragraph.’’.

3 (b) CONTRIBUTION AND EXPENDITURE EXCEP4 TIONS.—(1) Section 301(8)(B) of FECA (2 U.S.C.

5 431(8)(B)) is amended—

6 (A) in clause (xi), by striking ‘‘direct mail’’ and

7 inserting ‘‘mail’’; and

8 (B) by repealing clauses (x) and (xii).

9 (2) Section 301(9)(B) of FECA (2 U.S.C.

10 431(9)(B)) is amended by repealing clauses (viii) and (ix).

11 (c) SOFT MONEY OF COMMITTEES OF POLITICAL

12 PARTIES.—(1) Title III of FECA is amended by inserting

13 after section 323 the following new section:

14 ‘‘POLITICAL PARTY COMMITTEES

15 ‘‘SEC. 324. (a) Any amount solicited, received, or ex16 pended directly or indirectly by a national, State, district,

17 or local committee of a political party (including any sub18 ordinate committee) with respect to an activity which, in

19 whole or in part, is in connection with an election to Fed20 eral office shall be subject in its entirety to the limitations,

21 prohibitions, and reporting requirements of this Act.

22 ‘‘(b) For purposes of subsection (a)—

23 ‘‘(1) Any activity which is solely for the purpose

24 of influencing an election for Federal office is in

25 connection with an election for Federal office.
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1 ‘‘(2) Except as provided in paragraph (3), any

2 of the following activities during a Federal election

3 period shall be treated as in connection with an elec4 tion for Federal office:

5 ‘‘(A) Voter registration and get-out-the6 vote activities.

7 ‘‘(B) Campaign activities, including broad8 casting, newspaper, magazine, billboard, mass

9 mail, and newsletter communications, and simi10 lar kinds of communications or public advertis11 ing that—

12 ‘‘(i) are generic campaign activities; or

13 ‘‘(ii) identify a Federal candidate re14 gardless of whether a State or local can15 didate is also identified.

16 ‘‘(C) The preparation and dissemination of

17 campaign materials that are part of a generic

18 campaign activity or that identify a Federal

19 candidate, regardless of whether a State or

20 local candidate is also identified.

21 ‘‘(D) Development and maintenance of

22 voter files.

23 ‘‘(E) Any other activity affecting (in whole

24 or in part) an election for Federal office.
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1 ‘‘(3) The following shall not be treated as in

2 connection with a Federal election:

3 ‘‘(A) Any amount described in section

4 301(8)(B)(viii).

5 ‘‘(B) Any amount contributed to a can6 didate for other than Federal office.

7 ‘‘(C) Any amount received or expended in

8 connection with a State or local political con9 vention.

10 ‘‘(D) Campaign activities, including broad11 casting, newspaper, magazine, billboard, mass

12 mail, and newsletter communications, and simi13 lar kinds of communications or public advertis14 ing that are exclusively on behalf of State or

15 local candidates and are not activities described

16 in paragraph (2)(A).

17 ‘‘(E) Administrative expenses of a State or

18 local committee of a political party, including

19 expenses for—

20 ‘‘(i) overhead;

21 ‘‘(ii) staff (other than individuals de22 voting a substantial portion of their activi23 ties to elections for Federal office);

24 ‘‘(iii) meetings; and
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•HR 874 IH

1 ‘‘(iv) conducting party elections or

2 caucuses.

3 ‘‘(F) Research pertaining solely to State

4 and local candidates and issues.

5 ‘‘(G) Development and maintenance of

6 voter files other than during a Federal election

7 period.

8 ‘‘(H) Activities described in paragraph

9 (2)(A) which are conducted other than during

10 a Federal election period.

11 ‘‘(I) Any other activity which is solely for

12 the purpose of influencing, and which solely af13 fects, an election for non-Federal office.

14 ‘‘(4) For purposes of this subsection, the term

15 ‘Federal election period’ means the period—

16 ‘‘(A) beginning on June 1, of any even17 numbered calendar year (April 1 if an election

18 to the office of President occurs in such year),

19 and

20 ‘‘(B) ending on the date during such year

21 on which regularly scheduled general elections

22 for Federal office occur.

23 In the case of a special election, the Federal election

24 period shall include at least the 60-day period end25 ing on the date of the election.
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1 ‘‘(c) SOLICITATION OF COMMITTEES.—(1) A national

2 committee of a political party may not solicit or accept

3 contributions not subject to the limitations, prohibitions,

4 and reporting requirements of this Act.

5 ‘‘(2) Paragraph (1) shall not apply to contributions

6 that—

7 ‘‘(A) are to be transferred to a State committee

8 of a political party for use directly for activities de9 scribed in subsection (b)(3); or

10 ‘‘(B) are to be used by the committee primarily

11 to support such activities.

12 ‘‘(d) AMOUNTS RECEIVED FROM STATE AND LOCAL

13 CANDIDATE COMMITTEES.—(1) For purposes of sub14 section (a), any amount received by a national, State, dis15 trict, or local committee of a political party (including any

16 subordinate committee) from a State or local candidate

17 committee shall be treated as meeting the requirements

18 of subsection (a) and section 304(d) if—

19 ‘‘(A) such amount is derived from funds which

20 meet the requirements of this Act with respect to

21 any limitation or prohibition as to source or dollar

22 amount, and

23 ‘‘(B) the State or local candidate committee—

24 ‘‘(i) maintains, in the account from which

25 payment is made, records of the sources and
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•HR 874 IH

1 amounts of funds for purposes of determining

2 whether such requirements are met, and

3 ‘‘(ii) certifies to the other committee that

4 such requirements were met.

5 ‘‘(2) Notwithstanding paragraph (1), any committee

6 receiving any contribution described in paragraph (1) from

7 a State or local candidate committee shall be required to

8 meet the reporting requirements of this Act with respect

9 to receipt of the contribution from such candidate commit10 tee.

11 ‘‘(3) For purposes of this subsection, a State or local

12 candidate committee is a committee established, financed,

13 maintained, or controlled by a candidate for other than

14 Federal office.’’.

15 (2) Section 315(d) of FECA (2 U.S.C. 441a(d)), as

16 amended by subsection (a), is amended by adding at the

17 end thereof the following new paragraph:

18 ‘‘(5)(A) The national committee of a political

19 party, the congressional campaign committees of a

20 political party, and a State or local committee of a

21 political party, including a subordinate committee of

22 any of the preceding committees, shall not make ex23 penditures during any calendar year for activities

24 described in section 324(b)(2) with respect to such

25 State which, in the aggregate, exceed an amount
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1 equal to 30 cents multiplied by the voting age popu2 lation of the State (as certified under subsection

3 (e)).

4 ‘‘(B) Expenditures authorized under this para5 graph shall be in addition to other expenditures al6 lowed under this subsection, except that this para7 graph shall not authorize a committee to make ex8 penditures to which paragraph (3) or (4) applies in

9 excess of the limit applicable to such expenditures

10 under paragraph (3) or (4).

11 ‘‘(C) No adjustment to the limitation under this

12 paragraph shall be made under subsection (c) before

13 1992 and the base period for purposes of any such

14 adjustment shall be 1990.

15 ‘‘(D) For purposes of this paragraph—

16 ‘‘(i) a local committee of a political party

17 shall only include a committee that is a political

18 committee (as defined in section 301(4)); and

19 ‘‘(ii) a State committee shall not be re20 quired to record or report under this Act the

21 expenditures of any other committee which are

22 made independently from the State commit23 tee.’’.
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1 (3) Section 301(4) of FECA (2 U.S.C. 431(4))

2 is amended by adding at the end the following new

3 sentence:

4 ‘‘For purposes of subparagraph (C), any pay5 ments for get-out-the-vote activities on behalf of

6 candidates for office other than Federal office

7 shall be treated as payments exempted from the

8 definition of expenditure under paragraph (9)

9 of this section.’’.

10 (d) GENERIC ACTIVITIES.—Section 301 of FECA (2

11 U.S.C. 431), as amended by section 125, is amended by

12 adding at the end thereof the following new paragraph:

13 ‘‘(30) The term ‘generic campaign activity’

14 means a campaign activity the preponderant purpose

15 or effect of which is to promote a political party

16 rather than any particular Federal or non-Federal

17 candidate.’’.

18 SEC. 313. RESTRICTIONS ON FUNDRAISING BY CANDIDATES

19 AND OFFICEHOLDERS.

20 (a) STATE FUNDRAISING ACTIVITIES.—Section 315

21 of FECA (2 U.S.C. 441a), as amended by section 301,

22 is amended by adding at the end thereof the following new

23 subsection:

24 ‘‘(l) LIMITATIONS ON FUNDRAISING ACTIVITIES OF

25 FEDERAL CANDIDATES AND OFFICEHOLDERS AND CER-
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1 TAIN POLITICAL COMMITTEES.—(1) For purposes of this

2 Act, a candidate for Federal office (or an individual hold3 ing Federal office) may not solicit funds to, or receive

4 funds on behalf of, any Federal or non-Federal candidate

5 or political committee—

6 ‘‘(A) which are to be expended in connection

7 with any election for Federal office unless such

8 funds are subject to the limitations, prohibitions,

9 and requirements of this Act; or

10 ‘‘(B) which are to be expended in connection

11 with any election for other than Federal office unless

12 such funds are not in excess of amounts permitted

13 with respect to Federal candidates and political com14 mittees under this Act, and are not from sources

15 prohibited by this Act with respect to elections to

16 Federal office.

17 ‘‘(2)(A) The aggregate amount which a person de18 scribed in subparagraph (B) may solicit from a

19 multicandidate political committee for State committees

20 described in subsection (a)(1)(C) (including subordinate

21 committees) for any calendar year shall not exceed the dol22 lar amount in effect under subsection (a)(2)(B) for the

23 calendar year.

24 ‘‘(B) A person is described in this subparagraph if

25 such person is a candidate for Federal office, an individual
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1 holding Federal office, or any national, State, district, or

2 local committee of a political party (including subordinate

3 committees).

4 ‘‘(3) The appearance or participation by a candidate

5 or individual in any activity (including fundraising) con6 ducted by a committee of a political party or a candidate

7 for other than Federal office shall not be treated as a so8 licitation for purposes of paragraph (1) if—

9 ‘‘(A) such appearance or participation is other10 wise permitted by law; and

11 ‘‘(B) such candidate or individual does not so12 licit or receive, or make expenditures from, any

13 funds resulting from such activity.

14 ‘‘(4) Paragraph (1) shall not apply to the solicitation

15 or receipt of funds, or disbursements, by an individual who

16 is a candidate for other than Federal office if such activity

17 is permitted under State law.

18 ‘‘(5) For purposes of this subsection, an individual

19 shall be treated as holding Federal office if such individual

20 is described in section 101(f) of the Ethics in Government

21 Act of 1978.’’.

22 (b) TAX-EXEMPT ORGANIZATIONS.—Section 315 of

23 FECA (2 U.S.C. 441a), as amended by subsection (a),

24 is amended by adding at the end thereof the following new

25 subsection:
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1 ‘‘(m) TAX-EXEMPT ORGANIZATIONS.—(1) If during

2 any period an individual is a candidate for, or holds, Fed3 eral office, such individual may not during such period so4 licit contributions to, or on behalf of, any organization

5 which is described in section 501(c) of the Internal Reve6 nue Code of 1986 if a significant portion of the activities

7 of such organization include voter registration or get-out8 the-vote campaigns.

9 ‘‘(2) For purposes of this subsection, an individual

10 shall be treated as holding Federal office if such individual

11 is described in section 101(f) of the Ethics in Government

12 Act of 1978.’’.

13 SEC. 314. REPORTING REQUIREMENTS.

14 (a) REPORTING REQUIREMENTS.—Section 304 of

15 FECA (2 U.S.C. 434) is amended by adding at the end

16 thereof the following new subsection:

17 ‘‘(d) POLITICAL COMMITTEES.—(1) The national

18 committee of a political party and any congressional cam19 paign committee, and any subordinate committee of ei20 ther, shall report all receipts and disbursements during

21 the reporting period, whether or not in connection with

22 an election for Federal office.

23 ‘‘(2) A political committee (not described in para24 graph (1)) to which section 324 applies shall report all
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•HR 874 IH

1 receipts and disbursements in connection with a Federal

2 election (as determined under section 324).

3 ‘‘(3) Any political committee to which section 324 ap4 plies shall include in its report under paragraph (1) or

5 (2) the amount of any transfer described in section 324(c)

6 and the reason for the transfer.

7 ‘‘(4) Any political committee to which paragraph (1)

8 or (2) does not apply shall report any receipts or disburse9 ments which are used in connection with a Federal elec10 tion.

11 ‘‘(5) If any receipt or disbursement to which this sub12 section applies exceeds $200, the political committee shall

13 include identification of the person from whom, or to

14 whom, such receipt or disbursement was made.

15 ‘‘(6) Reports required to be filed by this subsection

16 shall be filed for the same time periods required for politi17 cal committees under subsection (a).’’.

18 (b) REPORT OF EXEMPT CONTRIBUTIONS.—Section

19 301(8) of the Federal Election Campaign Act of 1971 (2

20 U.S.C. 431(8)) is amended by inserting at the end thereof

21 the following:

22 ‘‘(C) The exclusions provided in clauses (v)

23 and (viii) of subparagraph (B) shall not apply

24 for purposes of any requirement to report con-
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1 tributions under this Act, and all such contribu2 tions in excess of $200 shall be reported.’’.

3 (c) REPORTING OF EXEMPT EXPENDITURES.—Sec4 tion 301(9) of the Federal Election Campaign Act of 1971

5 (2 U.S.C. 431(9)) is amended by inserting at the end

6 thereof the following:

7 ‘‘(C) The exclusions provided in clause (iv)

8 of subparagraph (B) shall not apply for pur9 poses of any requirement to report expenditures

10 under this Act, and all such expenditures in ex11 cess of $200 shall be reported.’’.

12 (d) CONTRIBUTIONS AND EXPENDITURES OF POLITI13 CAL COMMITTEES.—Section 301(4) of FECA (2 U.S.C.

14 431(4)) is amended by adding at the end the following:

15 ‘‘For purposes of this paragraph, the receipt of contribu16 tions or the making of, or obligating to make, expenditures

17 shall be determined by the Commission on the basis of

18 facts and circumstances, in whatever combination, dem19 onstrating a purpose of influencing any election for Fed20 eral office, including, but not limited to, the representa21 tions made by any person soliciting funds about their in22 tended uses; the identification by name of individuals who

23 are candidates for Federal office or of any political party,

24 in general public political advertising; and the proximity

25 to any primary, runoff, or general election of general pub-
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1 lic political advertising designed or reasonably calculated

2 to influence voter choice in that election.’’.

3 (e) REPORTS BY STATE COMMITTEES.—Section 304

4 of FECA (2 U.S.C. 434), as amended by subsection (a),

5 is amended by adding at the end thereof the following new

6 subsection:

7 ‘‘(e) FILING OF STATE REPORTS.—In lieu of any re8 port required to be filed by this Act, the Commission may

9 allow a State committee of a political party to file with

10 the Commission a report required to be filed under State

11 law if the Commission determines such reports contain

12 substantially the same information.’’.

13 TITLE IV—CONTRIBUTIONS

14 SEC. 401. CONTRIBUTIONS THROUGH INTERMEDIARIES

15 AND CONDUITS.

16 Section 315(a)(8) of FECA (2 U.S.C. 441a(a)(8)) is

17 amended to read as follows:

18 ‘‘(8) For the purposes of this subsection:

19 ‘‘(A) Contributions made by a person, either di20 rectly or indirectly, to or on behalf of a particular

21 candidate, including contributions that are in any

22 way earmarked or otherwise directed through an

23 intermediary or conduit to a candidate, shall be

24 treated as contributions from the person to the can25 didate.
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1 ‘‘(B) Contributions made directly or indirectly

2 by a person to or on behalf of a particular candidate

3 through an intermediary or conduit, including con4 tributions made or arranged to be made by an

5 intermediary or conduit, shall be treated as contribu6 tions from the intermediary or conduit to the can7 didate if—

8 ‘‘(i) the contributions made through the

9 intermediary or conduit are in the form of a

10 check or other negotiable instrument made pay11 able to the intermediary or conduit rather than

12 the intended recipient; or

13 ‘‘(ii) the intermediary or conduit is—

14 ‘‘(I) a political committee with a con15 nected organization;

16 ‘‘(II) an officer, employee, or agent of

17 such a political committee;

18 ‘‘(III) a political party;

19 ‘‘(IV) a partnership or sole proprietor20 ship;

21 ‘‘(V) a person required to register

22 under section 308 of the Federal Regula23 tion of Lobbying Act (2 U.S.C. 267) or the

24 Foreign Agents Registration Act of 1938

25 (22 U.S.C. 611 et seq.); or
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1 ‘‘(VI) an organization prohibited from

2 making contributions under section 316, or

3 an officer, employee, or agent of such an

4 organization acting on the organization’s

5 behalf.

6 ‘‘(C)(i) The term ‘intermediary or conduit’ does

7 not include—

8 ‘‘(I) a candidate or representative of a can9 didate receiving contributions to the candidate’s

10 principal campaign committee or authorized

11 committee;

12 ‘‘(II) a professional fundraiser com13 pensated for fundraising services at the usual

14 and customary rate;

15 ‘‘(III) a volunteer hosting a fundraising

16 event at the volunteer’s home, in accordance

17 with section 301(8)(B); or

18 ‘‘(IV) an individual who transmits a con19 tribution from the individual’s spouse.

20 ‘‘(ii) The term ‘representative’ means an indi21 vidual who is expressly authorized by the candidate

22 to engage in fundraising, and who occupies a signifi23 cant position within the candidate’s campaign orga24 nization, provided that the individual is not de25 scribed in subparagraph (B)(ii).
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1 ‘‘(iii) The term ‘contributions made or arranged

2 to be made’ includes—

3 ‘‘(I) contributions delivered to a particular

4 candidate or the candidate’s authorized commit5 tee or agent; and

6 ‘‘(II) contributions directly or indirectly ar7 ranged to be made to a particular candidate or

8 the candidate’s authorized committee or agent,

9 in a manner that identifies directly or indirectly

10 to the candidate or authorized committee or

11 agent the person who arranged the making of

12 the contributions or the person on whose behalf

13 such person was acting.

14 ‘‘(iv) The term ‘acting on the organization’s be15 half’ includes the following activities by an officer,

16 employee or agent of a person described in subpara17 graph (B)(ii)(IV):

18 ‘‘(I) Soliciting or directly or indirectly ar19 ranging the making of a contribution to a par20 ticular candidate in the name of, or by using

21 the name of, such a person.

22 ‘‘(II) Soliciting or directly or indirectly ar23 ranging the making of a contribution to a par24 ticular candidate using other than incidental re25 sources of such a person.
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1 ‘‘(III) Soliciting contributions for a par2 ticular candidate by substantially directing the

3 solicitations to other officers, employees, or

4 agents of such a person.

5 ‘‘(D) Nothing in this paragraph shall prohibit—

6 ‘‘(i) bona fide joint fundraising efforts con7 ducted solely for the purpose of sponsorship of

8 a fundraising reception, dinner, or other similar

9 event, in accordance with rules prescribed by

10 the Commission, by—

11 ‘‘(I) 2 or more candidates;

12 ‘‘(II) 2 or more national, State, or

13 local committees of a political party within

14 the meaning of section 301(4) acting on

15 their own behalf; or

16 ‘‘(III) a special committee formed by

17 2 or more candidates, or a candidate and

18 a national, State, or local committee of a

19 political party acting on their own behalf;

20 or

21 ‘‘(ii) fundraising efforts for the benefit of

22 a candidate that are conducted by another can23 didate.

24 ‘‘(iii) bona fide fundraising efforts con25 ducted by and solely on behalf of an individual
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1 for the purpose of sponsorship of a fundraising

2 reception, dinner, or other similar event, but

3 only if all contributions are made directly to a

4 candidate or a representative of a candidate.

5 When a contribution is made to a candidate through an

6 intermediary or conduit, the intermediary or conduit shall

7 report the original source and the intended recipient of

8 the contribution to the Commission and to the intended

9 recipient.’’.

10 SEC. 402. CONTRIBUTIONS BY DEPENDENTS NOT OF VOT11 ING AGE.

12 Section 315 of FECA (2 U.S.C. 441a), as amended

13 by section 313(b), is amended by adding at the end the

14 following new subsection:

15 ‘‘(n) For purposes of this section, any contribution

16 by an individual who—

17 ‘‘(1) is a dependent of another individual; and

18 ‘‘(2) has not, as of the time of such contribu19 tion, attained the legal age for voting for elections

20 to Federal office in the State in which such individ21 ual resides,

22 shall be treated as having been made by such other indi23 vidual. If such individual is the dependent of another indi24 vidual and such other individual’s spouse, the contribution
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1 shall be allocated among such individuals in the manner

2 determined by them.’’.

3 SEC. 403. CONTRIBUTIONS TO CANDIDATES FROM STATE

4 AND LOCAL COMMITTEES OF POLITICAL PAR5 TIES TO BE AGGREGATED.

6 Section 315(a) of FECA (2 U.S.C. 441a(a)) is

7 amended by adding at the end the following new para8 graph:

9 ‘‘(9) A candidate for Federal office may not accept,

10 with respect to an election, any contribution from a State

11 or local committee of a political party (including any sub12 ordinate committee of such committee), if such contribu13 tion, when added to the total of contributions previously

14 accepted from all such committees of that political party,

15 exceeds a limitation on contributions to a candidate under

16 this section.’’.

17 SEC. 404. LIMITED EXCLUSION OF ADVANCES BY CAM18 PAIGN WORKERS FROM THE DEFINITION OF

19 THE TERM ‘‘CONTRIBUTION’’.

20 Section 301(8)(B) of FECA (2 U.S.C. 431(8)(B)) is

21 amended—

22 (1) in clause (xiii), by striking ‘‘and’’ after the

23 semicolon at the end;

24 (2) in clause (xiv), by striking the period at the

25 end and inserting: ‘‘; and’’; and
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1 (3) by adding at the end the following new

2 clause:

3 ‘‘(xv) any advance voluntarily made on behalf of

4 an authorized committee of a candidate by an indi5 vidual in the normal course of such individual’s re6 sponsibilities as a volunteer for, or employee of, the

7 committee, if the advance is reimbursed by the com8 mittee within 10 days after the date on which the

9 advance is made, and the value of advances on be10 half of a committee does not exceed $500 with re11 spect to an election.’’.

12 TITLE V—REPORTING

13 REQUIREMENTS

14 SEC. 501. CHANGE IN CERTAIN REPORTING FROM A CAL15 ENDAR YEAR BASIS TO AN ELECTION CYCLE

16 BASIS.

17 Paragraphs (2) through (7) of section 304(b) of

18 FECA (2 U.S.C. 434(b) (2)–(7)) are amended by insert19 ing after ‘‘calendar year’’ each place it appears the follow20 ing: ‘‘(election cycle, in the case of an authorized commit21 tee of a candidate for Federal office)’’.

22 SEC. 502. PERSONAL AND CONSULTING SERVICES.

23 Section 304(b)(5)(A) of FECA (2 U.S.C.

24 434(b)(5)(A)) is amended by adding before the semicolon

25 at the end the following: ‘‘, except that if a person to
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1 whom an expenditure is made is merely providing personal

2 or consulting services and is in turn making expenditures

3 to other persons (not including employees) who provide

4 goods or services to the candidate or his or her authorized

5 committees, the name and address of such other person,

6 together with the date, amount and purpose of such ex7 penditure shall also be disclosed’’.

8 SEC. 503. REDUCTION IN THRESHOLD FOR REPORTING OF

9 CERTAIN INFORMATION BY PERSONS OTHER

10 THAN POLITICAL COMMITTEES.

11 Section 304(b)(3)(A) of FECA (2 U.S.C.

12 434(b)(3)(A)) is amended by striking ‘‘$200’’ and insert13 ing ‘‘$50’’.

14 SEC. 504. COMPUTERIZED INDICES OF CONTRIBUTIONS.

15 Section 311(a) of FECA (2 U.S.C. 438(a)) is amend16 ed—

17 (1) by striking ‘‘and’’ at the end of paragraph

18 (9);

19 (2) by striking the period at the end of para20 graph (10) and inserting ‘‘; and’’; and

21 (3) by adding at the end the following new

22 paragraph:

23 ‘‘(11) maintain computerized indices of con24 tributions of $50 or more.’’.
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1 TITLE VI—FEDERAL ELECTION

2 COMMISSION

3 SEC. 601. USE OF CANDIDATES’ NAMES.

4 Section 302(e)(4) of FECA (2 U.S.C. 432(e)(4)) is

5 amended to read as follows:

6 ‘‘(4)(A) The name of each authorized committee shall

7 include the name of the candidate who authorized the com8 mittee under paragraph (1).

9 ‘‘(B) A political committee that is not an authorized

10 committee shall not include the name of any candidate in

11 its name or use the name of any candidate in any activity

12 on behalf of such committee in such a context as to sug13 gest that the committee is an authorized committee of the

14 candidate or that the use of the candidate’s name has been

15 authorized by the candidate.’’.

16 SEC. 602. REPORTING REQUIREMENTS.

17 (a) OPTION TO FILE MONTHLY REPORTS.—Section

18 304(a)(2) of FECA (2 U.S.C. 434(a)(2)) is amended—

19 (1) in subparagraph (A) by striking ‘‘and’’ at

20 the end;

21 (2) in subparagraph (B) by striking the period

22 at the end and inserting ‘‘; and’’; and

23 (3) by inserting the following new subparagraph

24 at the end:
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1 ‘‘(C) in lieu of the reports required by subpara2 graphs (A) and (B), the treasurer may file monthly

3 reports in all calendar years, which shall be filed no

4 later than the 15th day after the last day of the

5 month and shall be complete as of the last day of

6 the month, except that, in lieu of filing the reports

7 otherwise due in November and December of any

8 year in which a regularly scheduled general election

9 is held, a pre-primary election report and a pre-gen10 eral election report shall be filed in accordance with

11 subparagraph (A)(i), a post-general election report

12 shall be filed in accordance with subparagraph

13 (A)(ii), and a year end report shall be filed no later

14 than January 31 of the following calendar year.’’.

15 (b) FILING DATE.—Section 304(a)(4)(B) of FECA

16 (2 U.S.C. 434(a)(4)(B)) is amended by striking ‘‘20th’’

17 and inserting ‘‘15th’’.

18 SEC. 603. PROVISIONS RELATING TO THE GENERAL COUN19 SEL OF THE COMMISSION.

20 (a) VACANCY IN THE OFFICE OF GENERAL COUN21 SEL.—Section 306(f) of FECA (2 U.S.C. 437c(f)) is

22 amended by adding at the end the following new para23 graph:

24 ‘‘(5) In the event of a vacancy in the office of general

25 counsel, the next highest ranking enforcement official in
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1 the general counsel’s office shall serve as acting general

2 counsel with full powers of the general counsel until a suc3 cessor is appointed.’’.

4 (b) PAY OF THE GENERAL COUNSEL.—Section

5 306(f)(1) of FECA (2 U.S.C. 437c(f)(1)) is amended—

6 (1) by inserting ‘‘and the general counsel’’ after

7 ‘‘staff director’’ in the second sentence; and

8 (2) by striking the third sentence.

9 SEC. 604. ENFORCEMENT.

10 (a) BASIS FOR ENFORCEMENT PROCEEDING.—Sec11 tion 309(a)(2) of FECA (2 U.S.C. 437g(a)(2)) is amended

12 by striking ‘‘it has reason to believe that a person has

13 committed, or is about to commit’’ and inserting ‘‘facts

14 have been alleged or ascertained that, if true, give reason

15 to believe that a person may have committed, or may be

16 about to commit’’.

17 (b) AUTHORITY TO SEEK INJUNCTION.—(1) Section

18 309(a) of FECA (2 U.S.C. 437g(a)) is amended by adding

19 at the end the following new paragraph:

20 ‘‘(13)(A) If, at any time in a proceeding described

21 in paragraph (1), (2), (3), or (4), the Commission believes

22 that—

23 ‘‘(i) there is a substantial likelihood that a vio24 lation of this Act or of chapter 95 or chapter 96 of
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1 the Internal Revenue Code of 1986 is occurring or

2 is about to occur;

3 ‘‘(ii) the failure to act expeditiously will result

4 in irreparable harm to a party affected by the poten5 tial violation;

6 ‘‘(iii) expeditious action will not cause undue

7 harm or prejudice to the interests of others; and

8 ‘‘(iv) the public interest would be best served by

9 the issuance of an injunction,

10 the Commission may initiate a civil action for a temporary

11 restraining order or a temporary injunction pending the

12 outcome of the proceedings described in paragraphs (1),

13 (2), (3), and (4).

14 ‘‘(B) An action under subparagraph (A) shall be

15 brought in the United States district court for the district

16 in which the defendant resides, transacts business, or may

17 be found.’’.

18 (2) Section 309(a) of FECA (2 U.S.C. 437g(a)) is

19 amended—

20 (A) in paragraph (7) by striking ‘‘(5) or (6)’’

21 and inserting ‘‘(5), (6), or (13)’’; and

22 (B) in paragraph (11) by striking ‘‘(6)’’ and in23 serting ‘‘(6) or (13)’’.
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1 SEC. 605. PENALTIES.

2 (a) PENALTIES PRESCRIBED IN CONCILIATION

3 AGREEMENTS.—(1) Section 309(a)(5)(A) of FECA (2

4 U.S.C. 437g(a)(5)(A)) is amended by striking ‘‘which does

5 not exceed the greater of $5,000 or an amount equal to

6 any contribution or expenditure involved in such violation’’

7 and inserting ‘‘which is—

8 ‘‘(i) not less than 50 percent of all contribu9 tions and expenditures involved in the violation (or

10 such lesser amount as the Commission provides if

11 necessary to ensure that the penalty is not unjustly

12 disproportionate to the violation); and

13 ‘‘(ii) not greater than all contributions and ex14 penditures involved in the violation’’.

15 (2) Section 309(a)(5)(B) of FECA (2 U.S.C.

16 437g(a)(5)(B)) is amended by striking ‘‘which does not

17 exceed the greater of $10,000 or an amount equal to 200

18 percent of any contribution or expenditure involved in such

19 violation’’ and inserting ‘‘which is—

20 ‘‘(i) not less than all contributions and expendi21 tures involved in the violation; and

22 ‘‘(ii) not greater than 150 percent of all con23 tributions and expenditures involved in the viola24 tion’’.

25 (b) PENALTIES WHEN VIOLATIONS ARE ADJU26 DICATED IN COURT.—(1) Section 309(a)(6)(A) of FECA
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1 (2 U.S.C. 437g(a)(6)(A)) is amended by striking all that

2 follows ‘‘appropriate order’’ and inserting ‘‘, including an

3 order for a civil penalty in the amount determined under

4 subparagraph (A) or (B) in the district court of the Unit5 ed States for the district in which the defendant resides,

6 transacts business, or may be found.’’.

7 (2) Section 309(a)(6)(B) of FECA (2 U.S.C.

8 437g(a)(6)(B)) is amended by striking all that follows

9 ‘‘other order’’ and inserting ‘‘, including an order for a

10 civil penalty which is—

11 ‘‘(i) not less than all contributions and expendi12 tures involved in the violation; and

13 ‘‘(ii) not greater than 200 percent of all con14 tributions and expenditures involved in the violation,

15 upon a proper showing that the person involved has com16 mitted, or is about to commit (if the relief sought is a

17 permanent or temporary injunction or a restraining

18 order), a violation of this Act or chapter 95 or chapter

19 96 of the Internal Revenue Code of 1986.’’.

20 (3) Section 309(a)(6)(C) of FECA (29 U.S.C.

21 437g(6)(C)) is amended by striking ‘‘a civil penalty’’ and

22 all that follows and inserting ‘‘a civil penalty which is—

23 ‘‘(i) not less than 200 percent of all contribu24 tions and expenditures involved in the violation; and
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1 ‘‘(ii) not greater than 250 percent of all con2 tributions and expenditures involved in the viola3 tion.’’.

4 SEC. 606. RANDOM AUDITS.

5 Section 311(b) of FECA (2 U.S.C. 438(b)) is amend6 ed—

7 (1) by inserting ‘‘(1)’’ before ‘‘The Commis8 sion’’; and

9 (2) by adding at the end the following new

10 paragraph:

11 ‘‘(2) Notwithstanding paragraph (1), the Commission

12 may from time to time conduct random audits and inves13 tigations to ensure voluntary compliance with this Act.

14 The subjects of such audits and investigations shall be se15 lected on the basis of criteria established by vote of at

16 least 4 members of the Commission to ensure impartiality

17 in the selection process. This paragraph does not apply

18 to an authorized committee of an eligible House of Rep19 resentatives candidate subject to audit under section

20 505(a).’’.

21 SEC. 607. PROHIBITION OF FALSE REPRESENTATION TO

22 SOLICIT CONTRIBUTIONS.

23 Section 322 of FECA (2 U.S.C. 441h) is amended—

24 (1) by inserting after ‘‘SEC. 322.’’ the follow25 ing: ‘‘(a)’’; and
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1 (2) by adding at the end the following:

2 ‘‘(b) No person shall solicit contributions by falsely

3 representing himself as a candidate or as a representative

4 of a candidate, a political committee, or a political party.’’.

5 SEC. 608. REGULATIONS RELATING TO USE OF NON-FED6 ERAL MONEY.

7 Section 306 of FECA (2 U.S.C. 437c) is amended

8 by adding at the end the following new subsection:

9 ‘‘(g) The Commission shall promulgate rules to pro10 hibit devices or arrangements which have the purpose or

11 effect of undermining or evading the provisions of this Act

12 restricting the use of non-Federal money to affect Federal

13 elections.’’.

14 TITLE VII—BALLOT INITIATIVE

15 COMMITTEES

16 SEC. 701. DEFINITIONS RELATING TO BALLOT INITIATIVES.

17 Section 301 of FECA (2 U.S.C. 431), as amended

18 by section 312(d), is amended by adding at the end the

19 following new paragraphs:

20 ‘‘(32) The term ‘ballot initiative political committee’

21 means any committee, club, association, or other group of

22 persons which makes ballot initiative expenditures or re23 ceives ballot initiative contributions in excess of $1,000

24 during a calendar year.
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1 ‘‘(33) The term ‘ballot initiative contribution’ means

2 any gift, subscription, loan, advance, or deposit of money

3 or anything of value made by any person for the purpose

4 of influencing the outcome of any referendum or other bal5 lot initiative voted on at the State, commonwealth, terri6 tory, or District of Columbia level which involves—

7 ‘‘(A) interstate commerce;

8 ‘‘(B) the election of candidates for Federal of9 fice and the permissible terms of those so elected;

10 ‘‘(C) Federal taxation of individuals, corpora11 tions, or other entities; or

12 ‘‘(D) the regulation of speech or press, or any

13 other right guaranteed under the United States Con14 stitution.

15 ‘‘(34) The term ‘ballot initiative expenditure’ means

16 any purchase, payment, distribution, loan, advance, de17 posit or gift of money or anything of value made by any

18 person for the purpose of influencing the outcome of any

19 referendum or other ballot initiative voted on at the state,

20 commonwealth, territory, or District of Columbia level

21 which involves—

22 ‘‘(A) interstate commerce;

23 ‘‘(B) the election of candidates for Federal of24 fice and the permissible terms of those so elected;
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1 ‘‘(C) Federal taxation of individuals, corpora2 tions, or other entities; or

3 ‘‘(D) the regulation of speech or press, or any

4 other right guaranteed under the United States Con5 stitution.’’.

6 SEC. 702. AMENDMENT TO DEFINITION OF CONTRIBUTION.

7 Section 301(8)(B) of FECA (2 U.S.C. 431(8)(B)),

8 as amended by section 404, is amended—

9 (1) in clause (xiv), by striking ‘‘and’’ after the

10 semicolon;

11 (2) in clause (xv), by striking the period and in12 serting ‘‘; and’’; and

13 (3) by adding at the end the following new

14 clause:

15 ‘‘(xvi) a ballot initiative contribution.’’.

16 SEC. 703. AMENDMENT TO DEFINITION OF EXPENDITURE.

17 Section 301(9)(B) of FECA (2 U.S.C. 431(9)(B)) is

18 amended—

19 (1) in clause (ix)(3), by striking ‘‘and’’ after the

20 semicolon;

21 (2) in clause (x), by striking the period and in22 serting ‘‘; and’’; and

23 (3) by adding at the end the following new

24 clause:

25 ‘‘(xi) a ballot initiative expenditure.’’.
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1 SEC. 704. ORGANIZATION OF BALLOT INITIATIVE COMMIT2 TEES.

3 Title III of FECA (2 U.S.C. 431 et seq.) is amended

4 by inserting after section 302 (2 U.S.C. 432) the following

5 new section:

6 ‘‘ORGANIZATION OF BALLOT INITIATIVE COMMITTEES

7 ‘‘SEC. 302A. (a) Every ballot initiative political com8 mittee shall have a treasurer. No ballot initiative contribu9 tion shall be accepted or ballot initiative expenditure shall

10 be made by or on behalf of a ballot initiative political com11 mittee during any period in which the office of treasurer

12 is vacant.

13 ‘‘(b)(1) Every person who receives a ballot initiative

14 contribution for a ballot initiative political committee

15 shall—

16 ‘‘(A) if the amount is $50 or less, forward to

17 the treasurer such contribution no later than 30

18 days after receiving the contribution; and

19 ‘‘(B) if the amount of the ballot initiative con20 tribution is in excess of $50, forward to the treas21 urer such contribution, the name, address, and occu22 pation of the person making such contribution, and

23 the date of receiving such contribution, no later than

24 10 days after receiving such contribution.
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1 ‘‘(2) All funds of a ballot initiative political committee

2 shall be segregated from, and may not be commingled

3 with, the personal funds of any individual.

4 ‘‘(3) The treasurer of a ballot initiative political com5 mittee shall keep an account for—

6 ‘‘(A) all ballot initiative contributions received

7 by or on behalf of such ballot initiative political com8 mittee;

9 ‘‘(B) the name and address of any person who

10 makes a ballot initiative contribution in excess of

11 $50, together with the date and amount of such bal12 lot initiative contribution by any person;

13 ‘‘(C) the identification of any person who makes

14 a ballot initiative contribution or ballot initiative

15 contributions aggregating more than $200 during a

16 calendar year, together with the date and amount of

17 any such contribution;

18 ‘‘(D) the identification of any political commit19 tee or ballot initiative political committee which

20 makes a ballot initiative contribution, together with

21 the date and amount of any such contribution; and

22 ‘‘(E) the name and address of every person to

23 whom any ballot initiative expenditure is made, the

24 date, amount and purpose of such ballot initiative
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1 expenditure, and the name of the ballot initiative(s)

2 to which the ballot initiative expenditure pertained.

3 ‘‘(c) The treasurer shall preserve all records required

4 to be kept by this section 3 years after the report is filed.’’.

5 SEC. 705. BALLOT INITIATIVE COMMITTEE REPORTING RE6 QUIREMENTS.

7 Title III of FECA (2 U.S.C. 431 et seq.) is amended

8 by inserting after section 304 (2 U.S.C. 434) the following

9 new section:

10 ‘‘BALLOT INITIATIVE COMMITTEE REPORTING

11 REQUIREMENTS

12 ‘‘SEC. 304A. (a)(1) Each treasurer of a ballot initia13 tive political committee shall file reports of receipts and

14 disbursements in accordance with the provisions of this

15 subsection. The treasurer shall sign each such report.

16 ‘‘(2) All ballot initiative political committees shall file

17 either—

18 ‘‘(A)(i) quarterly reports in each calendar year

19 when a ballot initiative is slated regarding which the

20 ballot initiative committee plans to make or makes

21 a ballot initiative expenditure or plans to receive or

22 receives a ballot initiative contribution, which shall

23 be filed no later than the 15th day after the last day

24 of each calendar quarter: except that the report for

25 the quarter ending on December 31 of such calendar
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1 year shall be filed no later than January 31 of the

2 following calendar year; and

3 ‘‘(ii) preballot initiative reports, which shall be

4 filed 5 days before the occurrence of each ballot ini5 tiative in which the ballot initiative committee plans

6 to make or has made a ballot initiative expenditure

7 or plans to receive or has received a ballot initiative

8 contribution; or

9 ‘‘(B) monthly reports in all calendar years

10 which shall be filed no later than the 15th day after

11 the last day of the month and shall be complete as

12 of the last day of the month.

13 ‘‘(3) If a designation, report, or statement filed pur14 suant to this section (other than under paragraph

15 (2)(A)(ii)) is sent by registered or certified mail, the Unit16 ed States postmark shall be considered the date of filing

17 of the designation, report, or statement.

18 ‘‘(4) The reports required to be filed by this section

19 shall be cumulative during the calendar year to which they

20 relate, but where there has been no change in an item

21 reported in a previous report during each year, only the

22 amount need be carried forward.

23 ‘‘(b) Each report under this section shall disclose—

24 ‘‘(1) the amount of cash on hand at the begin25 ning of the reporting period;
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1 ‘‘(2) for the reporting period and the calendar

2 year, the total amount of all receipts, and the total

3 amount of all receipts in the following categories:

4 ‘‘(A) ballot initiative contributions from

5 persons other than political committees;

6 ‘‘(B) ballot initiative contributions from

7 political party committees;

8 ‘‘(C) ballot initiative contributions from

9 other political committees and ballot initiative

10 political committees;

11 ‘‘(D) transfers from affiliated political

12 committees;

13 ‘‘(E) loans;

14 ‘‘(F) rebates, refunds, and other offsets to

15 operating expenditures; and

16 ‘‘(G) dividends, interest, and other forms

17 of receipts;

18 ‘‘(3) the identification of each—

19 ‘‘(A) person (other than a political commit20 tee or ballot initiative political committee) who

21 makes a ballot initiative contribution to the re22 porting committee during the reporting period,

23 whose ballot initiative contribution or ballot ini24 tiative contributions have an aggregate amount

25 or value in excess of $50 within the calendar
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1 year, or in any lesser amount if the reporting

2 committee should so elect, together with the

3 date and amount of any such contribution and

4 the address and occupation (if an individual) of

5 the person;

6 ‘‘(B) political committee or ballot initiative

7 political committee which makes a ballot initia8 tive contribution to the reporting committee

9 during the reporting period, together with the

10 date and amount of any such contribution;

11 ‘‘(C) affiliated political committee or affili12 ated ballot initiative political committee which

13 makes a transfer to the reporting committee

14 during the reporting period;

15 ‘‘(D) person who makes a loan to the re16 porting committee during the reporting period,

17 together with the identification of any endorser

18 or guarantor of such loan, and the date and

19 amount or value of such loan and the address

20 and occupation (if an individual) of the person;

21 ‘‘(E) person who provides a rebate, refund,

22 or other offset to operating expenditures to the

23 reporting committee in an aggregate amount or

24 value in excess of $200 within the calendar

25 year, together with the date and amount of
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1 such receipt and the address and occupation (if

2 an individual) of the person; and

3 ‘‘(F) person who provides any dividend, in4 terest, or other receipt to the reporting commit5 tee in an aggregate value or amount in excess

6 of $200 within the calendar year, together with

7 the date and amount of any such receipt and

8 the address and occupation (if an individual) of

9 the person;

10 ‘‘(4) for the reporting period and the calendar

11 year, the total amount of disbursements, and all dis12 bursements in the following categories:

13 ‘‘(A) ballot initiative expenditures;

14 ‘‘(B) transfers to affiliated political com15 mittees or ballot initiative political committees;

16 ‘‘(C) ballot initiative contribution refunds

17 and other offsets to ballot initiative contribu18 tions;

19 ‘‘(D) loans made by the reporting commit20 tee and the name of the person receiving the

21 loan together with the date of the loan and the

22 address and occupation (if an individual) of the

23 person; and

24 ‘‘(E) independent expenditures; and
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1 ‘‘(5) the total sum of all ballot initiative con2 tributions to such ballot initiative political commit3 tee.’’.

4 SEC. 706. ENFORCEMENT AMENDMENT.

5 Section 309 of FECA (2 U.S.C. 437g) is amended

6 by adding at the end the following new subsection:

7 ‘‘(e) The civil penalties of this Act shall apply to the

8 organization, recordkeeping, and reporting requirements

9 of a ballot initiative political committee under section

10 302A or 304B, insofar as such committee conducts activi11 ties solely for the purpose of influencing a ballot initiative

12 and not for the purpose of influencing any election for

13 Federal office.’’.

14 SEC. 707. PROHIBITION OF CONTRIBUTIONS IN THE NAME

15 OF ANOTHER.

16 Section 320 of FECA (2 U.S.C. 441f) is amended

17 to read as follows:

18 ‘‘PROHIBITION OF CONTRIBUTIONS IN THE NAME OF

19 ANOTHER

20 ‘‘SEC. 320. No person shall make a contribution or

21 ballot initiative contribution in the name of another person

22 or knowingly permit his name to be used to effect such

23 a contribution or ballot initiative contribution, and no per24 son shall knowingly accept a contribution or ballot initia25 tive contribution made by one person in the name of an26 other person.’’.
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1 SEC. 708. LIMITATION ON CONTRIBUTION OF CURRENCY.

2 Section 321 of FECA (2 U.S.C. 441g) is amended

3 to read as follows:

4 ‘‘LIMITATION ON CONTRIBUTION OF CURRENCY

5 ‘‘SEC. 321. No person shall make contributions or

6 ballot initiative contributions of currency of the United

7 States or currency of any foreign country which in the

8 aggregate, exceed $100, to or for the benefit of—

9 ‘‘(1) any candidate for nomination for election,

10 or for election, to Federal office;

11 ‘‘(2) any political committee (other than a bal12 lot initiative political committee) for the purpose of

13 influencing an election for Federal office; or

14 ‘‘(3) any ballot initiative political committee for

15 the purpose of influencing a ballot initiative.’’.

16 TITLE VIII—MISCELLANEOUS

17 SEC. 801. PROHIBITION OF LEADERSHIP COMMITTEES.

18 Section 302(e) of FECA (2 U.S.C. 432(e)) is amend19 ed—

20 (1) by amending paragraph (3) to read as fol21 lows:

22 ‘‘(3) No political committee that supports or has sup23 ported more than one candidate may be designated as an

24 authorized committee, except that—

25 ‘‘(A) a candidate for the office of President

26 nominated by a political party may designate the na-
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1 tional committee of such political party as the can2 didate’s principal campaign committee, but only if

3 that national committee maintains separate books of

4 account with respect to its functions as a principal

5 campaign committee; and

6 ‘‘(B) a candidate may designate a political com7 mittee established solely for the purpose of joint

8 fundraising by such candidates as an authorized

9 committee.’’; and

10 (2) by adding at the end the following new

11 paragraph:

12 ‘‘(6)(A) A candidate for Federal office or any individ13 ual holding Federal office may not establish, maintain, or

14 control any political committee other than a principal cam15 paign committee of the candidate, authorized committee,

16 party committee, or other political committee designated

17 in accordance with paragraph (3). A candidate for more

18 than one Federal office may designate a separate principal

19 campaign committee for each Federal office.

20 ‘‘(B) For one year after the effective date of this

21 paragraph, any such political committee may continue to

22 make contributions. At the end of that period such politi23 cal committee shall disburse all funds by one or more of

24 the following means: making contributions to an entity

25 qualified under section 501(c)(3) of the Internal Revenue
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1 Code of 1986; making a contribution to the treasury of

2 the United States; contributing to the national, State or

3 local committees of a political party; or making contribu4 tions not to exceed $1,000 to candidates for elective of5 fice.’’.

6 SEC. 802. POLLING DATA CONTRIBUTED TO CANDIDATES.

7 Section 301(8) of FECA (2 U.S.C. 431(8)), as

8 amended by section 314(b), is amended by inserting at

9 the end the following new subparagraph:

10 ‘‘(D) A contribution of polling data to a can11 didate shall be valued at the fair market value of the

12 data on the date the poll was completed, depreciated

13 at a rate not more than 1 percent per day from such

14 date to the date on which the contribution was

15 made.’’.

16 SEC. 803. DEBATES BY GENERAL ELECTION CANDIDATES

17 WHO RECEIVE AMOUNTS FROM THE PRESI18 DENTIAL ELECTION CAMPAIGN FUND.

19 Section 315(b) of FECA (2 U.S.C. 441a(b)) is

20 amended by adding at the end the following new para21 graph:

22 ‘‘(3)(A) The candidates of a political party for

23 the offices of President and Vice President who are

24 eligible under section 9003 of the Internal Revenue

25 Code of 1986 to receive payments from the Sec-
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1 retary of the Treasury shall not receive such pay2 ments unless both of such candidates agree in writ3 ing—

4 ‘‘(i) that the candidate for the office of

5 President will participate in at least 4 debates,

6 sponsored by a nonpartisan or bipartisan orga7 nization, with all other candidates for that of8 fice who are eligible under that section; and

9 ‘‘(ii) that the candidate of the party for the

10 office of Vice President will participate in at

11 least 1 debate, sponsored by a nonpartisan or

12 bipartisan organization, with all other can13 didates for that office who are eligible under

14 that section.

15 ‘‘(B) If the Commission determines that either

16 of the candidates of a political party failed to par17 ticipate in a debate under subparagraph (A) and

18 was responsible at least in part for such failure, the

19 candidate of the party involved shall—

20 ‘‘(i) be ineligible to receive payments under

21 section 9006 of the Internal Revenue Code of

22 1986; and

23 ‘‘(ii) pay to the Secretary of the Treasury

24 an amount equal to the amount of the pay-
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1 ments made to the candidate under that sec2 tion.’’.

3 SEC. 804. PROHIBITION OF CERTAIN ELECTION-RELATED

4 ACTIVITIES OF FOREIGN NATIONALS.

5 Section 319 of FECA (2 U.S.C. 441e) is amended by

6 adding at the end the following new subsections:

7 ‘‘(c) A foreign national shall not directly or indirectly

8 direct, control, influence or participate in any person’s

9 election-related activities, such as the making of contribu10 tions or expenditures in connection with elections for any

11 local, State, or Federal office or the administration of a

12 political committee.

13 ‘‘(d) A nonconnected political committee or the sepa14 rate segregated fund established in accordance with sec15 tion 316(b)(2)(C) or any other organization or committee

16 involved in the making of contributions or expenditures

17 in connection with elections for any Federal, State, or

18 local office shall include the following statement on all

19 printed materials produced for the purpose of soliciting

20 contributions:

21 ‘‘ ‘It is unlawful for a foreign national to make

22 any contribution of money or other thing of value to

23 a political committee.’.’’.
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1 SEC. 805. AMENDMENT TO FECA SECTION 316.

2 Section 316(b) of FECA (2 U.S.C. 441b(b)) is

3 amended—

4 (1) by inserting ‘‘(A)’’ at the beginning of para5 graph (2) and redesignating subparagraphs (A), (B),

6 and (C) as clauses (i), (ii), and (iii), respectively;

7 (2) at the beginning of the first sentence in

8 subparagraph (A), by inserting the following: ‘‘Ex9 cept as provided in subparagraph (B),’’; and

10 (3) by adding at the end of paragraph (2) the

11 following:

12 ‘‘(B) Expenditures by a corporation or

13 labor organization for candidate appearances,

14 candidate debates and voter guides directed to

15 the general public shall be considered contribu16 tions unless—

17 ‘‘(i) in the case of a candidate appear18 ance, the appearance takes place on cor19 porate or labor organization premises or at

20 a meeting or convention of the corporation

21 or labor organization, and all candidates

22 for election to that office are notified that

23 they may make an appearance under the

24 same or similar conditions;

25 ‘‘(ii) in the case of a candidate debate,

26 the organization staging the debate is ei-
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1 ther an organization described in section

2 301 whose broadcasts or publications are

3 supported by commercial advertising, sub4 scriptions or sales to the public, including

5 a noncommercial educational broadcaster,

6 or a nonprofit organization exempt from

7 Federal taxation under section 501(c)(3)

8 or 501(c)(4) of the Internal Revenue Code

9 of 1986 that does not endorse, support, op10 pose candidates or political parties; and

11 ‘‘(iii) in the case of a voter guide, the

12 guide is prepared and distributed by a cor13 poration or labor organization and consists

14 of questions posed to at least two can15 didates for election to that office,

16 except that no communication made by a cor17 poration or labor organization in connection

18 with the candidate appearance, candidate de19 bate or voter guide contains express advocacy,

20 or that no candidate is favored through the

21 structure or format of the candidate appear22 ance, candidate debate or voter guide.’’.
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1 SEC. 806. TELEPHONE VOTING BY PERSONS WITH DISABIL2 ITIES.

3 (a) STUDY OF SYSTEMS TO PERMIT PERSONS WITH

4 DISABILITIES TO VOTE BY TELEPHONE.—

5 (1) IN GENERAL.—The Federal Election Com6 mission shall conduct a study to determine the fea7 sibility of developing a system or systems by which

8 persons with disabilities may be permitted to vote by

9 telephone.

10 (2) CONSULTATION.—The Federal Election

11 Commission shall conduct the study described in

12 paragraph (1) in consultation with State and local

13 election officials, representatives of the telecommuni14 cations industry, representatives of persons with dis15 abilities, and other concerned members of the public.

16 (3) CRITERIA.—The system or systems devel17 oped pursuant to paragraph (1) shall—

18 (A) propose a description of the kinds of

19 disabilities that impose such difficulty in travel

20 to polling places that a person with a disability

21 who may desire to vote is discouraged from un22 dertaking such travel;

23 (B) propose procedures to identify persons

24 who are so disabled; and

25 (C) describe procedures and equipment

26 that may be used to ensure that—
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1 (i) only those persons who are entitled

2 to use the system are permitted to use it;

3 (ii) the votes of persons who use the

4 system are recorded accurately and remain

5 secret;

6 (iii) the system minimizes the possibil7 ity of vote fraud; and

8 (iv) the system minimizes the finan9 cial costs that State and local governments

10 would incur in establishing and operating

11 the system.

12 (4) REQUESTS FOR PROPOSALS.—In developing

13 a system described in paragraph (1), the Federal

14 Election Commission may request proposals from

15 private contractors for the design of procedures and

16 equipment to be used in the system.

17 (5) PHYSICAL ACCESS.—Nothing in this section

18 is intended to supersede or supplant efforts by State

19 and local governments to make polling places phys20 ically accessible to persons with disabilities.

21 (6) DEADLINE.—The Federal Election Commis22 sion shall submit to Congress the study required by

23 this section not later than 1 year after the date of

24 enactment of this Act.
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1 SEC. 807. PROHIBITION OF USE OF GOVERNMENT AIR2 CRAFT IN CONNECTION WITH ELECTIONS

3 FOR FEDERAL OFFICE.

4 Title III of FECA (2 U.S.C. 431 et seq.), as amended

5 by section 312(c) is amended by adding at the end the

6 following new section:

7 ‘‘PROHIBITION OF USE OF GOVERNMENT AIRCRAFT IN

8 CONNECTION WITH ELECTIONS FOR FEDERAL OFFICE

9 ‘‘SEC. 325. (a) No aircraft that is owned or operated

10 by the Government (including any aircraft that is owned

11 or operated by the Department of Defense) may be used

12 in connection with an election for Federal office.

13 ‘‘(b)(1) Subsection (a) shall not apply to travel pro14 vided to the President or Vice President.

15 ‘‘(2) The portion of the cost of any travel provided

16 to the President or Vice President that is allocable to ac17 tivities in connection with an election for Federal office

18 shall be paid by the authorized committee of the Presi19 dent. Such portion shall be paid within 10 days of the

20 travel. For purposes of this section, travel which is in any

21 part related to campaign activity, shall be treated as in

22 connection with an election for Federal office, and the pay23 ment for such travel shall be sufficient to reflect that por24 tion which is campaign-related.
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1 ‘‘(3) The actual costs and payment for costs of any

2 travel provided to the President and Vice President shall

3 be disclosed in accordance with section 304.’’.

4 SEC. 808. SENSE OF THE CONGRESS.

5 The Congress should consider legislation that would

6 provide for an amendment to the Constitution to set rea7 sonable limits on campaign expenditures in Federal elec8 tions.

9 TITLE IX—EFFECTIVE DATES;

10 AUTHORIZATIONS

11 SEC. 901. EFFECTIVE DATE.

12 Except as otherwise provided in this Act, the amend13 ments made by, and the provisions of, this Act shall take

14 effect on the date of the enactment of this Act but shall

15 not apply with respect to activities in connection with any

16 election occurring before January 1, 1993.

17 SEC. 902. BUDGET NEUTRALITY.

18 (a) DELAYED EFFECTIVENESS.—The provisions of

19 this Act (other than this section) shall not be effective

20 until the estimated costs under section 252 of the Bal21 anced Budget and Emergency Deficit Control Act of 1985

22 have been offset by the enactment of subsequent legisla23 tion effectuating this Act.

24 (b) SENSE OF CONGRESS.—It is the sense of the

25 Congress that subsequent legislation effectuating this Act
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1 shall not provide for general revenue increases, reduce ex2 penditures for any existing Federal program, or increase

3 the Federal budget deficit.

4 SEC. 903. SEVERABILITY.

5 Except as provided in section 101(b), if any provision

6 of this Act (including any amendment made by this Act),

7 or the application of any such provision to any person or

8 circumstance, is held invalid, the validity of any other pro9 vision of this Act, or the application of such provision to

10 other persons and circumstances, shall not be affected

11 thereby.

12 SEC. 904. EXPEDITED REVIEW OF CONSTITUTIONAL ISSUES.

13 (a) DIRECT APPEAL TO SUPREME COURT.—An ap14 peal may be taken directly to the Supreme Court of the

15 United States from any interlocutory order or final judg16 ment, decree, or order issued by any court ruling on the

17 constitutionality of any provision of this Act or amend18 ment made by this Act.

19 (b) ACCEPTANCE AND EXPEDITION.—The Supreme

20 Court shall, if it has not previously ruled on the question

21 addressed in the ruling below, accept jurisdiction over, ad22 vance on the docket, and expedite the appeal to the great23 est extent possible.

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