I

103D CONGRESS

1ST SESSION H. R. 3

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

JANUARY 5, 1993

Mr. GEJDENSON (for himself, Mr. GEPHARDT, Mr. BONIOR, Mr. DERRICK,

Mrs. KENNELLY, Mr. LEWIS of Georgia, Mr. HOYER, Mr. FAZIO, Mr.

ROSE, Mr. KLECZKA, Ms. DELAURO, Mr. SWIFT, Mr. SYNAR, Mr. SANDERS, Mr. BACCHUS of Florida, Mr. CONYERS, Ms. KAPTUR, Mr. MAZZOLI, Mr. STARK, Mr. MILLER of California, Mr. DIXON, Mr. STUDDS,

Mr. HOAGLAND, Mrs. SCHROEDER, Mr. MCDERMOTT, Mr. VENTO, Mr.

ANDREWS of Maine, Mr. OLVER, and Mr. CARDIN) introduced the following bill; which was referred to the Committee on House Administration

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

2 TABLE OF CONTENTS.

3 (a) SHORT TITLE.—This Act may be cited as the

4 ‘‘Congressional Campaign Spending Limit and Election

5 Reform Act of 1993’’.

6 (b) AMENDMENT OF FECA.—When used in this Act,

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

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

9 (c) TABLE OF CONTENTS.—

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

TITLE I—CONTROL OF CONGRESSIONAL CAMPAIGN SPENDING

Subtitle A—Senate Election Campaign Spending Limits and Benefits

Sec. 101. Senate spending limits and benefits.

Sec. 102. Restrictions on activities of political action and candidate committees

in Federal elections.

Sec. 103. Reporting requirements.

Sec. 104. Disclosure by noneligible candidates.

Subtitle B—Expenditure Limitations, Contribution Limitations, and Matching

Funds for Eligible House of Representatives Candidates

Sec. 121. Provisions applicable to eligible House of Representatives candidates.

Sec. 122. Limitations on political committee and large donor contributions that

may be accepted by House of Representatives candidates.

Sec. 123. Excess funds of incumbents who are candidates for the House of

Representatives.

Subtitle C—General Provisions

Sec. 131. Broadcast rates and preemption.

Sec. 132. Extension of reduced third-class mailing rates to eligible House of

Representatives and Senate candidates.

Sec. 133. Reporting requirements for certain independent expenditures.

Sec. 134. Campaign advertising amendments.

Sec. 135. Definitions.

Sec. 136. Provisions relating to franked mass mailings.

TITLE II—INDEPENDENT EXPENDITURES

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

TITLE III—EXPENDITURES

Subtitle A—Personal Loans; Credit
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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’’.

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.
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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.

1 TITLE I—CONTROL OF CON2 GRESSIONAL CAMPAIGN

3 SPENDING

4 Subtitle A—Senate Election Cam5 paign Spending Limits and Ben6 efits

7 SEC. 101. SENATE SPENDING LIMITS AND BENEFITS.

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

9 the end thereof the following new title:

10 ‘‘TITLE V—SPENDING LIMITS

11 AND BENEFITS FOR SENATE

12 ELECTION CAMPAIGNS

13 ‘‘SEC. 501. CANDIDATES ELIGIBLE TO RECEIVE BENEFITS.

14 ‘‘(a) IN GENERAL.—For purposes of this title, a can15 didate is an eligible Senate candidate if the candidate—

16 ‘‘(1) meets the primary and general election fil17 ing requirements of subsections (b) and (c);

18 ‘‘(2) meets the primary and runoff election ex19 penditure limits of subsection (d); and
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1 ‘‘(3) meets the threshold contribution require2 ments of subsection (e).

3 ‘‘(b) PRIMARY FILING REQUIREMENTS.—(1) The re4 quirements of this subsection are met if the candidate files

5 with the Secretary of the Senate a declaration that—

6 ‘‘(A) the candidate and the candidate’s author7 ized committees—

8 ‘‘(i) will meet the primary and runoff elec9 tion expenditure limits of subsection (d); and

10 ‘‘(ii) will only accept contributions for the

11 primary and runoff elections which do not ex12 ceed such limits;

13 ‘‘(B) the candidate and the candidate’s author14 ized committees will meet the general election ex15 penditure limit under section 502(b); and

16 ‘‘(C) the candidate and the candidate’s author17 ized committees will meet the limitation on expendi18 tures from personal funds under section 502(a).

19 ‘‘(2) The declaration under paragraph (1) shall be

20 filed not later than the date the candidate files as a can21 didate for the primary election.

22 ‘‘(c) GENERAL ELECTION FILING REQUIREMENTS.—

23 (1) The requirements of this subsection are met if the can24 didate files a certification with the Secretary of the Senate

25 under penalty of perjury that—
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1 ‘‘(A) the candidate and the candidate’s author2 ized committees—

3 ‘‘(i) met the primary and runoff election

4 expenditure limits under subsection (d); and

5 ‘‘(ii) did not accept contributions for the

6 primary or runoff election in excess of the pri7 mary or runoff expenditure limit under sub8 section (d), whichever is applicable, reduced by

9 any amounts transferred to this election cycle

10 from a preceding election cycle;

11 ‘‘(B) the candidate met the threshold contribu12 tion requirement under subsection (e), and that only

13 allowable contributions were taken into account in

14 meeting such requirement;

15 ‘‘(C) at least one other candidate has qualified

16 for the same general election ballot under the law of

17 the State involved;

18 ‘‘(D) such candidate and the authorized com19 mittees of such candidate—

20 ‘‘(i) except as otherwise provided by this

21 title, will not make expenditures which exceed

22 the general election expenditure limit under sec23 tion 502(b);

24 ‘‘(ii) will not accept any contributions in

25 violation of section 315;
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1 ‘‘(iii) except as otherwise provided by this

2 title, will not accept any contribution for the

3 general election involved to the extent that such

4 contribution would cause the aggregate amount

5 of such contributions to exceed the sum of the

6 amount of the general election expenditure limit

7 under section 502(b) and the amounts de8 scribed in subsections (c) and (d) of section

9 502, reduced by—

10 ‘‘(I) the amount of voter communica11 tion vouchers issued to the candidate; and

12 ‘‘(II) any amounts transferred to this

13 election cycle from a previous election cycle

14 and not taken into account under subpara15 graph (A)(ii);

16 ‘‘(iv) will deposit all payments received

17 under this title in an account insured by the

18 Federal Deposit Insurance Corporation from

19 which funds may be withdrawn by check or

20 similar means of payment to third parties;

21 ‘‘(v) will furnish campaign records, evi22 dence of contributions, and other appropriate

23 information to the Commission; and
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1 ‘‘(vi) will cooperate in the case of any audit

2 and examination by the Commission under sec3 tion 506; and

4 ‘‘(E) the candidate intends to make use of the

5 benefits provided under section 503.

6 ‘‘(2) The declaration under paragraph (1) shall be

7 filed not later than 7 days after the earlier of—

8 ‘‘(A) the date the candidate qualifies for the

9 general election ballot under State law; or

10 ‘‘(B) if, under State law, a primary or runoff

11 election to qualify for the general election ballot oc12 curs after September 1, the date the candidate wins

13 the primary or runoff election.

14 ‘‘(d) PRIMARY AND RUNOFF EXPENDITURE LIM15 ITS.—(1) The requirements of this subsection are met if:

16 ‘‘(A) The candidate or the candidate’s author17 ized committees did not make expenditures for the

18 primary election in excess of the lesser of—

19 ‘‘(i) 67 percent of the general election ex20 penditure limit under section 502(b); or

21 ‘‘(ii) $2,750,000.

22 ‘‘(B) The candidate and the candidate’s author23 ized committees did not make expenditures for any

24 runoff election in excess of 20 percent of the general

25 election expenditure limit under section 502(b).
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1 ‘‘(2) The limitations under subparagraphs (A) and

2 (B) of paragraph (1) with respect to any candidate shall

3 be increased by the aggregate amount of independent ex4 penditures in opposition to, or on behalf of any opponent

5 of, such candidate during the primary or runoff election

6 period, whichever is applicable, which are required to be

7 reported to the Secretary of the Senate with respect to

8 such period under section 304(c).

9 ‘‘(3)(A) If the contributions received by the candidate

10 or the candidate’s authorized committees for the primary

11 election or runoff election exceed the expenditures for ei12 ther such election, such excess contributions shall be treat13 ed as contributions for the general election and expendi14 tures for the general election may be made from such ex15 cess contributions.

16 ‘‘(B) Subparagraph (A) shall not apply to the extent

17 that such treatment of excess contributions—

18 ‘‘(i) would result in the violation of any limita19 tion under section 315; or

20 ‘‘(ii) would cause the aggregate contributions

21 received for the general election to exceed the limits

22 under subsection (c)(1)(D)(iii).

23 ‘‘(e) THRESHOLD CONTRIBUTION REQUIREMENTS.—

24 (1) The requirements of this subsection are met if the can25 didate and the candidate’s authorized committees have re-
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1 ceived allowable contributions during the applicable period

2 in an amount at least equal to the lesser of—

3 ‘‘(A) 10 percent of the general election expendi4 ture limit under section 502(b); or

5 ‘‘(B) $250,000.

6 ‘‘(2) For purposes of this section and section

7 503(b)—

8 ‘‘(A) The term ‘allowable contributions’ means

9 contributions which are made as gifts of money by

10 an individual pursuant to a written instrument iden11 tifying such individual as the contributor.

12 ‘‘(B) The term ‘allowable contributions’ shall

13 not include—

14 ‘‘(i) contributions made directly or indi15 rectly through an intermediary or conduit which

16 are treated as made by such intermediary or

17 conduit under section 315(a)(8)(B);

18 ‘‘(ii) contributions from any individual dur19 ing the applicable period to the extent such con20 tributions exceed $250; or

21 ‘‘(iii) contributions from individuals resid22 ing outside the candidate’s State to the extent

23 such contributions exceed 50 percent of the ag24 gregate allowable contributions (without regard
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1 to this clause) received by the candidate during

2 the applicable period.

3 Clauses (ii) and (iii) shall not apply for purposes of

4 section 503(b).

5 ‘‘(3) For purposes of this subsection and section

6 503(b), the term ‘applicable period’ means—

7 ‘‘(A) the period beginning on January 1 of the

8 calendar year preceding the calendar year of the

9 general election involved and ending on—

10 ‘‘(i) the date on which the certification

11 under subsection (c) is filed by the candidate;

12 or

13 ‘‘(ii) for purposes of section 503(b), the

14 date of such general election; or

15 ‘‘(B) in the case of a special election for the of16 fice of United States Senator, the period beginning

17 on the date the vacancy in such office occurs and

18 ending on the date of the general election involved.

19 ‘‘(f) INDEXING.—The $2,750,000 amount under sub20 section (d)(1) shall be increased as of the beginning of

21 each calendar year based on the increase in the price index

22 determined under section 315(c), except that, for purposes

23 of subsection (d)(1), the base period shall be calendar year

24 1993.
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1 ‘‘SEC. 502. LIMITATIONS ON EXPENDITURES.

2 ‘‘(a) LIMITATION ON USE OF PERSONAL FUNDS.—

3 (1) The aggregate amount of expenditures which may be

4 made during an election cycle by an eligible Senate can5 didate or such candidate’s authorized committees from the

6 sources described in paragraph (2) shall not exceed the

7 lesser of—

8 ‘‘(A) 10 percent of the general election expendi9 ture limit under subsection (b); or

10 ‘‘(B) $250,000.

11 ‘‘(2) A source is described in this paragraph if it is—

12 ‘‘(A) personal funds of the candidate and mem13 bers of the candidate’s immediate family; or

14 ‘‘(B) personal debt incurred by the candidate

15 and members of the candidate’s immediate family.

16 ‘‘(b) GENERAL ELECTION EXPENDITURE LIMIT.—

17 (1) Except as otherwise provided in this title, the aggre18 gate amount of expenditures for a general election by an

19 eligible Senate candidate and the candidate’s authorized

20 committees shall not exceed the lesser of—

21 ‘‘(A) $5,500,000; or

22 ‘‘(B) the greater of—

23 ‘‘(i) $950,000; or

24 ‘‘(ii) $400,000; plus
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1 ‘‘(I) 30 cents multiplied by the voting

2 age population not in excess of 4,000,000;

3 and

4 ‘‘(II) 25 cents multiplied by the voting

5 age population in excess of 4,000,000.

6 ‘‘(2) In the case of an eligible Senate candidate in

7 a State which has no more than 1 transmitter for a com8 mercial Very High Frequency (VHF) television station li9 censed to operate in that State, paragraph (1)(B)(ii) shall

10 be applied by substituting—

11 ‘‘(A) ‘80 cents’ for ‘30 cents’ in subclause (I);

12 and

13 ‘‘(B) ‘70 cents’ for ‘25 cents’ in subclause (II).

14 ‘‘(3) The amount otherwise determined under para15 graph (1) for any calendar year shall be increased by the

16 same percentage as the percentage increase for such cal17 endar year under section 501(f) (relating to indexing).

18 ‘‘(c) LEGAL AND ACCOUNTING COMPLIANCE

19 FUND.—(1) The limitation under subsection (b) shall not

20 apply to qualified legal and accounting expenditures made

21 by a candidate or the candidate’s authorized committees

22 or a Federal officeholder from a legal and accounting com23 pliance fund meeting the requirements of paragraph (2).

24 ‘‘(2) A legal and accounting compliance fund meets

25 the requirements of this paragraph if—
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1 ‘‘(A) the only amounts transferred to the fund

2 are amounts received in accordance with the limita3 tions, prohibitions, and reporting requirements of

4 this Act;

5 ‘‘(B) the aggregate amounts transferred to, and

6 expenditures made from, the fund do not exceed the

7 sum of—

8 ‘‘(i) the lesser of—

9 ‘‘(I) 15 percent of the general election

10 expenditure limit under subsection (b) for

11 the general election for which the fund was

12 established; or

13 ‘‘(II) $300,000; plus

14 ‘‘(ii) the amount determined under para15 graph (4); and

16 ‘‘(C) no funds received by the candidate pursu17 ant to section 503(a)(3) may be transferred to the

18 fund.

19 ‘‘(3) For purposes of this subsection, the term ‘quali20 fied legal and accounting expenditures’ means the follow21 ing:

22 ‘‘(A) Any expenditures for costs of legal and ac23 counting services provided in connection with—
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1 ‘‘(i) any administrative or court proceeding

2 initiated pursuant to this Act during the elec3 tion cycle for such general election; or

4 ‘‘(ii) the preparation of any documents or

5 reports required by this Act or the Commission.

6 ‘‘(B) Any expenditures for legal and accounting

7 services provided in connection with the general elec8 tion for which the legal and accounting compliance

9 fund was established to ensure compliance with this

10 Act with respect to the election cycle for such gen11 eral election.

12 ‘‘(4)(A) If, after a general election, a candidate deter13 mines that the qualified legal and accounting expenditures

14 will exceed the limitation under paragraph (2)(B)(i), the

15 candidate may petition the Commission by filing with the

16 Secretary of the Senate a request for an increase in such

17 limitation. The Commission shall authorize an increase in

18 such limitation in the amount (if any) by which the Com19 mission determines the qualified legal and accounting ex20 penditures exceed such limitation. Such determination

21 shall be subject to judicial review under section 506.

22 ‘‘(B) Except as provided in section 315, any contribu23 tion received or expenditure made pursuant to this para24 graph shall not be taken into account for any contribution
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1 or expenditure limit applicable to the candidate under this

2 title.

3 ‘‘(5) Any funds in a legal and accounting compliance

4 fund shall be treated for purposes of this Act as a separate

5 segregated fund, except that any portion of the fund not

6 used to pay qualified legal and accounting expenditures,

7 and not transferred to a legal and accounting compliance

8 fund for the election cycle for the next general election,

9 shall be treated in the same manner as other campaign

10 funds.

11 ‘‘(d) PAYMENT OF TAXES.—The limitation under

12 subsection (b) shall not apply to any expenditure for Fed13 eral, State, or local taxes with respect to a candidate’s au14 thorized committees.

15 ‘‘(e) EXPENDITURES.—For purposes of this title, the

16 term ‘expenditure’ has the meaning given such term by

17 section 301(9), except that in determining any expendi18 tures made by, or on behalf of, a candidate or a can19 didate’s authorized committees, section 301(9)(B) shall be

20 applied without regard to clause (ii) or (vi) thereof.

21 ‘‘SEC. 503. BENEFITS ELIGIBLE CANDIDATE ENTITLED TO

22 RECEIVE.

23 ‘‘(a) IN GENERAL.—An eligible Senate candidate

24 shall be entitled to—
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1 ‘‘(1) the broadcast media rates provided under

2 section 315(b) of the Communications Act of 1934;

3 ‘‘(2) the mailing rates provided in section

4 3626(e) of title 39, United States Code;

5 ‘‘(3) payments in the amounts determined

6 under subsection (b); and

7 ‘‘(4) voter communication vouchers in the

8 amount determined under subsection (c).

9 ‘‘(b) AMOUNT OF PAYMENTS.—(1) For purposes of

10 subsection (a)(3), the amounts determined under this sub11 section are—

12 ‘‘(A) the independent expenditure amount; and

13 ‘‘(B) in the case of an eligible Senate candidate

14 who has an opponent in the general election who re15 ceives contributions, or makes (or obligates to make)

16 expenditures, for such election in excess of the gen17 eral election expenditure limit under section 502(b),

18 the excess expenditure amount.

19 ‘‘(2) For purposes of paragraph (1), the independent

20 expenditure amount is the total amount of independent

21 expenditures made, or obligated to be made, during the

22 general election period by 1 or more persons in opposition

23 to, or on behalf of an opponent of, an eligible Senate can24 didate which are required to be reported by such persons

25 under section 304(c) with respect to the general election
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1 period and are certified by the Commission under section

2 304(c).

3 ‘‘(3) For purposes of paragraph (1), the excess ex4 penditure amount is the amount determined as follows:

5 ‘‘(A) In the case of a major party candidate, an

6 amount equal to the sum of—

7 ‘‘(i) if the excess described in paragraph

(1)(B) is not greater than 1331 8 ⁄3 percent of the

9 general election expenditure limit under section

10 502(b), an amount equal to one-third of such

11 limit applicable to the eligible Senate candidate

12 for the election; plus

‘‘(ii) if such excess equals or exceeds 1331 13 ⁄3

percent but is less than 1662 14 ⁄3 percent of such

15 limit, an amount equal to one-third of such

16 limit; plus

17 ‘‘(iii) if such excess equals or exceeds

1662 18 ⁄3 percent of such limit, an amount equal

19 to one-third of such limit.

20 ‘‘(B) In the case of an eligible Senate candidate

21 who is not a major party candidate, an amount

22 equal to the lesser of—

23 ‘‘(i) the allowable contributions of the eligi24 ble Senate candidate during the applicable pe-
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1 riod in excess of the threshold contribution re2 quirement under section 501(e); or

3 ‘‘(ii) 50 percent of the general election ex4 penditure limit applicable to the eligible Senate

5 candidate under section 502(b).

6 ‘‘(c) VOTER COMMUNICATION VOUCHERS.—(1) The

7 aggregate amount of voter communication vouchers issued

8 to an eligible Senate candidate shall be equal to 20 percent

9 of the general election expenditure limit under section

10 502(b) (10 percent of such limit if such candidate is not

11 a major party candidate).

12 ‘‘(2) Voter communication vouchers shall be used by

13 an eligible Senate candidate to purchase broadcast time

14 during the general election period in the same manner as

15 other broadcast time may be purchased by the candidate.

16 ‘‘(d) WAIVER OF EXPENDITURE AND CONTRIBUTION

17 LIMITS.—(1) An eligible Senate candidate who receives

18 payments under subsection (a)(3) which are allocable to

19 the independent expenditure or excess expenditure

20 amounts described in paragraphs (2) and (3) of subsection

21 (b) may make expenditures from such payments to defray

22 expenditures for the general election without regard to the

23 general election expenditure limit under section 502(b).

24 ‘‘(2)(A) An eligible Senate candidate who receives

25 benefits under this section may make expenditures for the
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1 general election without regard to clause (i) of section

2 501(c)(1)(D) or subsection (a) or (b) of section 502 if any

3 one of the eligible Senate candidate’s opponents who is

4 not an eligible Senate candidate either raises aggregate

5 contributions, or makes or becomes obligated to make ag6 gregate expenditures, for the general election that exceed

7 200 percent of the general election expenditure limit appli8 cable to the eligible Senate candidate under section

9 502(b).

10 ‘‘(B) The amount of the expenditures which may be

11 made by reason of subparagraph (A) shall not exceed 100

12 percent of the general election expenditure limit under sec13 tion 502(b).

14 ‘‘(3)(A) A candidate who receives benefits under this

15 section may receive contributions for the general election

16 without regard to clause (iii) of section 501(c)(1)(D) if—

17 ‘‘(i) a major party candidate in the same gen18 eral election is not an eligible Senate candidate; or

19 ‘‘(ii) any other candidate in the same general

20 election who is not an eligible Senate candidate

21 raises aggregate contributions, or makes or becomes

22 obligated to make aggregate expenditures, for the

23 general election that exceed 75 percent of the gen24 eral election expenditure limit applicable to such

25 other candidate under section 502(b).
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1 ‘‘(B) The amount of contributions which may be re2 ceived by reason of subparagraph (A) shall not exceed 100

3 percent of the general election expenditure limit under sec4 tion 502(b).

5 ‘‘(e) USE OF PAYMENTS.—Payments received by a

6 candidate under subsection (a)(3) shall be used to defray

7 expenditures incurred with respect to the general election

8 period for the candidate. Such payments shall not be

9 used—

10 ‘‘(1) except as provided in paragraph (4), to

11 make any payments, directly or indirectly, to such

12 candidate or to any member of the immediate family

13 of such candidate;

14 ‘‘(2) to make any expenditure other than ex15 penditures to further the general election of such

16 candidate;

17 ‘‘(3) to make any expenditures which constitute

18 a violation of any law of the United States or of the

19 State in which the expenditure is made; or

20 ‘‘(4) subject to the provisions of section 315(k),

21 to repay any loan to any person except to the extent

22 the proceeds of such loan were used to further the

23 general election of such candidate.
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1 ‘‘SEC. 504. CERTIFICATION BY COMMISSION.

2 ‘‘(a) IN GENERAL.—(1) The Commission shall certify

3 to any candidate meeting the requirements of section 502

4 that such candidate is an eligible Senate candidate entitled

5 to benefits under this title. The Commission shall revoke

6 such certification if it determines a candidate fails to con7 tinue to meet such requirements.

8 ‘‘(2) No later than 48 hours after an eligible Senate

9 candidate files a request with the Secretary of the Senate

10 to receive benefits under section 505, the Commission

11 shall issue a certification stating whether such candidate

12 is eligible for payments under this title or to receive voter

13 communication vouchers and the amount of such pay14 ments or vouchers to which such candidate is entitled. The

15 request referred to in the preceding sentence shall con16 tain—

17 ‘‘(A) such information and be made in accord18 ance with such procedures as the Commission may

19 provide by regulation; and

20 ‘‘(B) a verification signed by the candidate and

21 the treasurer of the principal campaign committee of

22 such candidate stating that the information fur23 nished in support of the request, to the best of their

24 knowledge, is correct and fully satisfies the require25 ments of this title.
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1 ‘‘(b) DETERMINATIONS BY COMMISSION.—All deter2 minations (including certifications under subsection (a))

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

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

5 examination and audit by the Commission under section

6 505 and judicial review under section 506.

7 ‘‘SEC. 505. EXAMINATION AND AUDITS; REPAYMENTS; CIVIL

8 PENALTIES.

9 ‘‘(a) EXAMINATION AND AUDITS.—(1) After each

10 general election, the Commission shall conduct an exam11 ination and audit of the campaign accounts of 10 percent

12 of all candidates for the office of United States Senator

13 to determine, among other things, whether such can14 didates have complied with the expenditure limits and con15 ditions of eligibility of this title, and other requirements

16 of this Act. Such candidates shall be designated by the

17 Commission through the use of an appropriate statistical

18 method of random selection. If the Commission selects a

19 candidate, the Commission shall examine and audit the

20 campaign accounts of all other candidates in the general

21 election for the office the selected candidate is seeking.

22 ‘‘(2) The Commission may conduct an examination

23 and audit of the campaign accounts of any candidate in

24 a general election for the office of United States Senator

25 if the Commission determines that there exists reason to
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1 believe that such candidate may have violated any provi2 sion of this title.

3 ‘‘(b) EXCESS PAYMENTS; REVOCATION OF STA4 TUS.—(1) If the Commission determines that payments

5 or vouchers were made to an eligible Senate candidate

6 under this title in excess of the aggregate amounts to

7 which such candidate was entitled, the Commission shall

8 so notify such candidate, and such candidate shall pay an

9 amount equal to the excess.

10 ‘‘(2) If the Commission revokes the certification of

11 a candidate as an eligible Senate candidate under section

12 504(a)(1), the Commission shall notify the candidate, and

13 the candidate shall pay an amount equal to the payments

14 and vouchers received under this title.

15 ‘‘(c) MISUSE OF BENEFITS.—If the Commission de16 termines that any amount of any benefit made available

17 to an eligible Senate candidate under this title was not

18 used as provided for in this title, the Commission shall

19 so notify such candidate and such candidate shall pay the

20 amount of such benefit.

21 ‘‘(d) EXCESS EXPENDITURES.—If the Commission

22 determines that any eligible Senate candidate who has re23 ceived benefits under this title has made expenditures

24 which in the aggregate exceed—
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1 ‘‘(1) the primary or runoff expenditure limit

2 under section 501(d); or

3 ‘‘(2) the general election expenditure limit

4 under section 502(b),

5 the Commission shall so notify such candidate and such

6 candidate shall pay an amount equal to the amount of the

7 excess expenditures.

8 ‘‘(e) CIVIL PENALTIES FOR EXCESS EXPENDITURES

9 AND CONTRIBUTIONS.—(1) If the Commission determines

10 that a candidate has committed a violation described in

11 subsection (c), the Commission may assess a civil penalty

12 against such candidate in an amount not greater than 200

13 percent of the amount involved.

14 ‘‘(2)(A) LOW AMOUNT OF EXCESS EXPENDITURES.—

15 Any eligible Senate candidate who makes expenditures

16 that exceed any limitation described in paragraph (1) or

17 (2) of subsection (d) by 2.5 percent or less shall pay an

18 amount equal to the amount of the excess expenditures.

19 ‘‘(B) MEDIUM AMOUNT OF EXCESS EXPENDI20 TURES.—Any eligible Senate candidate who makes ex21 penditures that exceed any limitation described in para22 graph (1) or (2) of subsection (d) by more than 2.5 per23 cent and less than 5 percent shall pay an amount equal

24 to three times the amount of the excess expenditures.
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1 ‘‘(C) LARGE AMOUNT OF EXCESS EXPENDITURES.—

2 Any eligible Senate candidate who makes expenditures

3 that exceed any limitation described in paragraph (1) or

4 (2) of subsection (d) by 5 percent or more shall pay an

5 amount equal to three times the amount of the excess ex6 penditures plus a civil penalty in an amount determined

7 by the Commission.

8 ‘‘(f) UNEXPENDED FUNDS.—Any amount received by

9 an eligible Senate candidate under this title may be re10 tained for a period not exceeding 120 days after the date

11 of the general election for the liquidation of all obligations

12 to pay expenditures for the general election incurred dur13 ing the general election period. At the end of such 120-

14 day period, any unexpended funds received under this title

15 shall be promptly repaid.

16 ‘‘(g) LIMIT ON PERIOD FOR NOTIFICATION.—No no17 tification shall be made by the Commission under this sec18 tion with respect to an election more than three years after

19 the date of such election.

20 ‘‘SEC. 506. JUDICIAL REVIEW.

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

22 Commission made under the provisions of this title shall

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

24 for the District of Columbia Circuit upon petition filed in

25 such court within thirty days after the agency action by
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1 the Commission for which review is sought. It shall be the

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

3 filed under this title, to advance on the docket and expedi4 tiously take action on all petitions filed pursuant to this

5 title.

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

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

8 judicial review of any agency action by the Commission.

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

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

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

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

13 PROCEEDINGS.

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

15 to appear in and defend against any action instituted

16 under this section and under section 506 either by attor17 neys employed in its office or by counsel whom it may ap18 point without regard to the provisions of title 5, United

19 States Code, governing appointments in the competitive

20 service, and whose compensation it may fix without regard

21 to the provisions of chapter 51 and subchapter III of chap22 ter 53 of such title.

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

24 authorized, through attorneys and counsel described in

25 subsection (a), to institute actions in the district courts
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1 of the United States to seek recovery of any amounts de2 termined under this title to be payable to the Secretary.

3 ‘‘(c) INJUNCTIVE RELIEF.—The Commission is au4 thorized, through attorneys and counsel described in sub5 section (a), to petition the courts of the United States for

6 such injunctive relief as is appropriate in order to imple7 ment any provision of this title.

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

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

10 the Supreme Court for certiorari to review, judgments or

11 decrees entered with respect to actions in which it appears

12 pursuant to the authority provided in this section.

13 ‘‘SEC. 508. REPORTS TO CONGRESS; REGULATIONS.

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

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

16 Senate setting forth—

17 ‘‘(1) the expenditures (shown in such detail as

18 the Commission determines appropriate) made by

19 each eligible Senate candidate and the authorized

20 committees of such candidate;

21 ‘‘(2) the amounts certified by the Commission

22 under section 504 as benefits available to each eligi23 ble Senate candidate; and
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1 ‘‘(3) the amount of repayments, if any, required

2 under section 505 and the reasons for each repay3 ment required.

4 Each report submitted pursuant to this section shall be

5 printed as a Senate document.

6 ‘‘(b) RULES AND REGULATIONS.—The Commission

7 is authorized to prescribe such rules and regulations, in

8 accordance with the provisions of subsection (c), to con9 duct such examinations and investigations, and to require

10 the keeping and submission of such books, records, and

11 information, as it deems necessary to carry out the func12 tions and duties imposed on it by this title.

13 ‘‘(c) STATEMENT TO SENATE.—Thirty days before

14 prescribing any rules or regulation under subsection (b),

15 the Commission shall transmit to the Senate a statement

16 setting forth the proposed rule or regulation and contain17 ing a detailed explanation and justification of such rule

18 or regulation.

19 ‘‘SEC. 509. CLOSED CAPTIONING REQUIREMENT FOR TELE20 VISION COMMERCIALS OF ELIGIBLE SENATE

21 CANDIDATES.

22 ‘‘No eligible Senate candidate may receive amounts

23 under section 503(a)(3) unless such candidate has cer24 tified that any television commercial prepared or distrib25 uted by the candidate will be prepared in a manner that
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1 contains, is accompanied by, or otherwise readily permits

2 closed captioning of the oral content of the commercial

3 to be broadcast by way of line 21 of the vertical blanking

4 interval, or by way of comparable successor technologies.’’.

5 (b) EFFECTIVE DATES.—(1) Except as provided in

6 this subsection, the amendment made by subsection (a)

7 shall apply to elections occurring after December 31,

8 1993.

9 (2) For purposes of any expenditure or contribution

10 limit imposed by the amendment made by subsection (a)—

11 (A) no expenditure made before January 1,

12 1993, shall be taken into account, except that there

13 shall be taken into account any such expenditure for

14 goods or services to be provided after such date; and

15 (B) all cash, cash items, and Government secu16 rities on hand as of January 1, 1993, shall be taken

17 into account in determining whether the contribution

18 limit is met, except that there shall not be taken into

19 account amounts used during the 60-day period be20 ginning on January 1, 1993, to pay for expenditures

21 which were incurred (but unpaid) before such date.

22 (c) EFFECT OF INVALIDITY ON OTHER PROVISIONS

23 OF ACT.—If section 501, 502, or 503 of title V of FECA

24 (as added by this section), or any part thereof, is held
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1 to be invalid, all provisions of, and amendments made by,

2 this Act shall be treated as invalid.

3 SEC. 102. RESTRICTIONS ON ACTIVITIES OF POLITICAL AC4 TION AND CANDIDATE COMMITTEES IN FED5 ERAL ELECTIONS.

6 (a) CONTRIBUTIONS.—Section 315 of FECA (2

7 U.S.C. 441a) is amended by adding at the end the follow8 ing new subsection:

9 ‘‘(i) CONTRIBUTIONS BY POLITICAL ACTION COM10 MITTEES TO SENATE CANDIDATES.—(1) In the case of

11 a candidate for election, or nomination for election, to the

12 United States Senate (and such candidate’s authorized

13 committees), subsection (a)(2)(A) shall be applied by sub14 stituting ‘‘$2,500’’ for ‘‘$5,000’’.

15 ‘‘(2) It shall be unlawful for a multicandidate political

16 committee to make a contribution to a candidate for elec17 tion, or nomination for election, to the United States Sen18 ate (or an authorized committee) to the extent that the

19 making of the contribution will cause the amount of con20 tributions received by the candidate and the candidate’s

21 authorized committees from multicandidate political com22 mittees to exceed the lesser of—

23 ‘‘(A) $825,000; or

24 ‘‘(B) the greater of—

25 ‘‘(i) $375,000; or
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1 ‘‘(ii) 20 percent of the sum of the general

2 election spending limit under section 502(b)

3 plus the primary election spending limit under

4 section 501(d)(1)(A) (without regard to wheth5 er the candidate is an eligible Senate can6 didate).

7 ‘‘(3) In the case of an election cycle in which there

8 is a runoff election, the limit determined under paragraph

9 (2) shall be increased by an amount equal to 20 percent

10 of the runoff election expenditure limit under section

11 501(d)(1)(B) (without regard to whether the candidate is

12 such an eligible Senate candidate).

13 ‘‘(4) The $825,000 and $375,000 amounts in para14 graph (2) shall be increased as of the beginning of each

15 calendar year based on the increase in the price index de16 termined under section 315(c), except that for purposes

17 of paragraph (2), the base period shall be calendar year

18 1993.

19 ‘‘(5) A candidate or authorized committee that re20 ceives a contribution from a multicandidate political com21 mittee in excess of the amount allowed under paragraph

22 (2) shall return the amount of such excess contribution

23 to the contributor.’’.
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1 SEC. 103. REPORTING REQUIREMENTS.

2 Title III of FECA is amended by adding after section

3 304 the following new section:

4 ‘‘REPORTING REQUIREMENTS FOR SENATE CANDIDATES

5 ‘‘SEC. 304A. (a) CANDIDATE OTHER THAN ELIGI6 BLE SENATE CANDIDATE.—(1) Each candidate for the of7 fice of United States Senator who does not file a certifi8 cation with the Secretary of the Senate under section

9 501(c) shall file with the Secretary of the Senate a dec10 laration as to whether such candidate intends to make ex11 penditures for the general election in excess of the general

12 election expenditure limit applicable to an eligible Senate

13 candidate under section 502(b). Such declaration shall be

14 filed at the time provided in section 501(c)(2).

15 ‘‘(2) Any candidate for the United States Senate who

16 qualifies for the ballot for a general election—

17 ‘‘(A) who is not an eligible Senate candidate

18 under section 501; and

19 ‘‘(B) who either raises aggregate contributions,

20 or makes or obligates to make aggregate expendi21 tures, for the general election which exceed 75 per22 cent of the general election expenditure limit appli23 cable to an eligible Senate candidate under section

24 502(b),

25 shall file a report with the Secretary of the Senate within

26 24 hours after such contributions have been raised or such
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1 expenditures have been made or obligated to be made (or,

2 if later, within 24 hours after the date of qualification for

3 the general election ballot), setting forth the candidate’s

4 total contributions and total expenditures for such election

5 as of such date. Thereafter, such candidate shall file addi6 tional reports (until such contributions or expenditures ex7 ceed 200 percent of such limit) with the Secretary of the

8 Senate within 24 hours after each time additional con9 tributions are raised, or expenditures are made or are obli10 gated to be made, which in the aggregate exceed an

11 amount equal to 10 percent of such limit and after the

total contributions or expenditures exceed 1331⁄3, 1662 12 ⁄3,

13 and 200 percent of such limit.

14 ‘‘(3) The Commission—

15 ‘‘(A) shall, within 24 hours of receipt of a dec16 laration or report under paragraph (1) or (2), notify

17 each eligible Senate candidate in the election in18 volved about such declaration or report; and

19 ‘‘(B) if an opposing candidate has raised aggre20 gate contributions, or made or has obligated to make

21 aggregate expenditures, in excess of the applicable

22 general election expenditure limit under section

23 502(b), shall certify, pursuant to the provisions of

24 subsection (d), such eligibility for payment of any
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1 amount to which such eligible Senate candidate is

2 entitled under section 503(a).

3 ‘‘(4) Notwithstanding the reporting requirements

4 under this subsection, the Commission may make its own

5 determination that a candidate in a general election who

6 is not an eligible Senate candidate has raised aggregate

7 contributions, or made or has obligated to make aggregate

8 expenditures, in the amounts which would require a report

9 under paragraph (2). The Commission shall, within 24

10 hours after making each such determination, notify each

11 eligible Senate candidate in the general election involved

12 about such determination, and shall, when such contribu13 tions or expenditures exceed the general election expendi14 ture limit under section 502(b), certify (pursuant to the

15 provisions of subsection (d)) such candidate’s eligibility for

16 payment of any amount under section 503(a).

17 ‘‘(b) REPORTS ON PERSONAL FUNDS.—(1) Any can18 didate for the United States Senate who during the elec19 tion cycle expends more than the limitation under section

20 502(a) during the election cycle from his personal funds,

21 the funds of his immediate family, and personal loans in22 curred by the candidate and the candidate’s immediate

23 family shall file a report with the Secretary of the Senate

24 within 24 hours after such expenditures have been made

25 or loans incurred.
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1 ‘‘(2) The Commission within 24 hours after a report

2 has been filed under paragraph (1) shall notify each eligi3 ble Senate candidate in the election involved about each

4 such report.

5 ‘‘(3) Notwithstanding the reporting requirements

6 under this subsection, the Commission may make its own

7 determination that a candidate for the United States Sen8 ate has made expenditures in excess of the amount under

9 paragraph (1). The Commission within 24 hours after

10 making such determination shall notify each eligible Sen11 ate candidate in the general election involved about each

12 such determination.

13 ‘‘(c) CANDIDATES FOR OTHER OFFICES.—(1) Each

14 individual—

15 ‘‘(A) who becomes a candidate for the office of

16 United States Senator;

17 ‘‘(B) who, during the election cycle for such of18 fice, held any other Federal, State, or local office or

19 was a candidate for such other office; and

20 ‘‘(C) who expended any amount during such

21 election cycle before becoming a candidate for the of22 fice of United States Senator which would have been

23 treated as an expenditure if such individual had

24 been such a candidate, including amounts for activi-
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1 ties to promote the image or name recognition of

2 such individual,

3 shall, within 7 days of becoming a candidate for the office

4 of United States Senator, report to the Secretary of the

5 Senate the amount and nature of such expenditures.

6 ‘‘(2) Paragraph (1) shall not apply to any expendi7 tures in connection with a Federal, State, or local election

8 which has been held before the individual becomes a can9 didate for the office of United States Senator.

10 ‘‘(3) The Commission shall, as soon as practicable,

11 make a determination as to whether the amounts included

12 in the report under paragraph (1) were made for purposes

13 of influencing the election of the individual to the office

14 of United States Senator.

15 ‘‘(d) CERTIFICATIONS.—Notwithstanding section

16 505(a), the certification required by this section shall be

17 made by the Commission on the basis of reports filed in

18 accordance with the provisions of this Act, or on the basis

19 of such Commission’s own investigation or determination.

20 ‘‘(e) COPIES OF REPORTS AND PUBLIC INSPEC21 TION.—The Secretary of the Senate shall transmit a copy

22 of any report or filing received under this section or of

23 title V (whenever a 24-hour response is required of the

24 Commission) as soon as possible (but no later than 4

25 working hours of the Commission) after receipt of such
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1 report or filing, and shall make such report or filing avail2 able for public inspection and copying in the same manner

3 as the Commission under section 311(a)(4), and shall pre4 serve such reports and filings in the same manner as the

5 Commission under section 311(a)(5).

6 ‘‘(f) DEFINITIONS.—For purposes of this section, any

7 term used in this section which is used in title V shall

8 have the same meaning as when used in title V.’’.

9 SEC. 104. DISCLOSURE BY NONELIGIBLE CANDIDATES.

10 Section 318 of FECA (2 U.S.C. 441d), as amended

11 by section 133, is amended by adding at the end thereof

12 the following:

13 ‘‘(e) If a broadcast, cablecast, or other communica14 tion is paid for or authorized by a candidate in the general

15 election for the office of United States Senator who is not

16 an eligible Senate candidate, or the authorized committee

17 of such candidate, such communication shall contain the

18 following sentence: ‘This candidate has not agreed to vol19 untary campaign spending limits.’.’’.
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1 Subtitle B—Expenditure Limita2 tions, Contribution Limitations,

3 and Matching Funds for Eligible

4 House of Representatives Can5 didates

6 SEC. 121. PROVISIONS APPLICABLE TO ELIGIBLE HOUSE

7 OF REPRESENTATIVES CANDIDATES.

8 (a) IN GENERAL.—FECA, as amended by section

9 101(a), is amended by adding at the end the following new

10 title:

11 ‘‘TITLE VI—EXPENDITURE LIMI12 TATIONS, CONTRIBUTION

13 LIMITATIONS, AND MATCH14 ING FUNDS FOR ELIGIBLE

15 HOUSE OF REPRESENTA16 TIVES CANDIDATES

17 ‘‘SEC. 601. EXPENDITURE LIMITATIONS.

18 ‘‘(a) IN GENERAL.—An eligible House of Representa19 tives candidate may not, in an election cycle, make expend20 itures aggregating more than $600,000, of which not more

21 than $500,000 may be expended in the general election

22 period.

23 ‘‘(b) RUNOFF ELECTION AND SPECIAL ELECTION

24 AMOUNTS.—
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1 ‘‘(1) RUNOFF ELECTION AMOUNT.—In addition

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

3 House of Representatives candidate who is a can4 didate in a runoff election may make expenditures

5 aggregating not more than 20 percent of the general

6 election period limit under subsection (a).

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

8 House of Representatives candidate who is a can9 didate in a special election may make expenditures

10 aggregating not more than $500,000 with respect to

11 the special election.

12 ‘‘(c) CLOSELY CONTESTED PRIMARY.—If, as deter13 mined by the Commission, an eligible House of Represent14 atives candidate in a contested primary election wins that

15 primary election by a margin of 10 percentage points or

16 less, subject to the general election period limitation in

17 subsection (a), the candidate may make additional expend18 itures of not more than $150,000 in the general election

19 period. The additional expenditures shall be from con20 tributions described in section 603(h) and payments de21 scribed in section 604(f).

22 ‘‘(d) NONPARTICIPATING OPPONENT PROVISIONS.—

23 ‘‘(1) LIMITATION EXCEPTION.—The limitations

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

25 the case of an eligible House of Representatives can-
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1 didate if any other candidate seeking nomination or

2 election to that office—

3 ‘‘(A) is not an eligible House of Represent4 atives candidate; and

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

6 percent of the general election period limitation

7 specified in subsection (a).

8 ‘‘(2) CONTINUED ELIGIBILITY AND ADDITIONAL

9 MATCHING FUNDS.—An eligible House of Represent10 atives candidate referred to in paragraph (1)—

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

12 benefits under this title; and

13 ‘‘(B) shall receive matching funds without

14 regard to the ceiling under section 604(a).

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

16 for the office of Representative in, or Delegate or

17 Resident Commissioner to, the Congress—

18 ‘‘(A) who is not an eligible House of Rep19 resentatives candidate; and

20 ‘‘(B) who—

21 ‘‘(i) receives contributions in excess of

22 50 percent of the general election period

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

24 ‘‘(ii) makes expenditures in excess of

25 80 percent of such limit;
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1 shall report that the threshold has been reached to

2 the Clerk of the House of Representatives not later

3 than 48 hours after reaching the threshold. The

4 Clerk shall transmit a report received under this

5 paragraph to the Commission as soon as possible

6 (but no later than 4 working hours of the Commis7 sion) after such receipt, and the Commission shall

8 transmit a copy to each other candidate in the elec9 tion within 48 hours of receipt.

10 ‘‘(e) EXEMPTION FOR CERTAIN COSTS AND

11 TAXES.—Payments for legal and accounting compliance

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

13 a candidate’s authorized committees, shall not be consid14 ered in the computation of amounts subject to limitation

15 under this section.

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

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

18 Representatives candidate or his or her authorized

19 committee in connection with the solicitation of con20 tributions on behalf of such candidate shall not be

21 considered in the computation of amounts subject to

22 limitation under this section to the extent that the

23 aggregate of such costs does not exceed 5 percent of

24 the limitation under subsection (a) or subsection (b).
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1 ‘‘(2) An amount equal to 5 percent of salaries

2 and overhead expenditures of an eligible House of

3 Representatives candidate’s campaign headquarters

4 and offices shall not be considered in the computa5 tion of amounts subject to limitation under this sec6 tion. Any amount excluded under this paragraph

7 shall be applied against the fundraising expenditure

8 exemption under paragraph (1).

9 ‘‘(g) CIVIL PENALTIES.—

10 ‘‘(1) LOW AMOUNT OF EXCESS EXPENDI11 TURES.—Any eligible House of Representatives can12 didate who makes expenditures that exceed a limita13 tion under subsection (a) or subsection (b) by 2.5

14 percent or less shall pay to the Commission an

15 amount equal to the amount of the excess expendi16 tures.

17 ‘‘(2) MEDIUM AMOUNT OF EXCESS EXPENDI18 TURES.—Any eligible House of Representatives can19 didate who makes expenditures that exceed a limita20 tion under subsection (a) or subsection (b) by more

21 than 2.5 percent and less than 5 percent shall pay

22 to the Commission an amount equal to three times

23 the amount of the excess expenditures.

24 ‘‘(3) LARGE AMOUNT OF EXCESS EXPENDI25 TURES.—Any eligible House of Representatives can-
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1 didate who makes expenditures that exceed a limita2 tion under subsection (a) or subsection (b) by 5 per3 cent or more shall pay to the Commission an

4 amount equal to three times the amount of the ex5 cess expenditures plus a civil penalty in an amount

6 determined by the Commission.

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

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

9 beginning of each calendar year based on the increase in

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

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

12 shall be calendar year 1993.

13 ‘‘SEC. 602. STATEMENT OF PARTICIPATION; CONTINUING

14 ELIGIBILITY.

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

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

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

18 under this title. Such determination shall—

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

20 based on a statement of participation submitted by

21 the candidate; and

22 ‘‘(2) in the case of a determination of continu23 ing eligibility, be based on relevant additional infor24 mation submitted in such form and manner as the

25 Commission may require.
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1 ‘‘(b) FILING.—The statement of participation re2 ferred to in subsection (a) shall be filed with the Clerk

3 of the House of Representatives not later than January

4 31 of the election year or on the date on which the can5 didate files a statement of candidacy, whichever is later.

6 The Clerk of the House of Representatives shall transmit

7 a statement received under this section to the Commission

8 as soon as possible.

9 ‘‘SEC. 603. CONTRIBUTION LIMITATIONS.

10 ‘‘(a) ELIGIBLE HOUSE OF REPRESENTATIVES CAN11 DIDATE LIMITATION.—An eligible House of Representa12 tives candidate may not, with respect to an election cycle,

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

14 ‘‘(b) NONPARTICIPATING OPPONENT PROVISIONS.—

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

16 in the case of an eligible House of Representatives can17 didate if any other candidate seeking nomination or elec18 tion to that office—

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

20 candidate; and

21 ‘‘(2) receives contributions in excess of 50 per22 cent of the general election period limitation speci23 fied in section 601(a).

24 ‘‘(c) TRANSFER PROVISIONS.—
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1 ‘‘(1) If an eligible House of Representatives

2 candidate transfers any amount from an election

3 cycle to a later election cycle, the limitation with re4 spect to the candidate under subsection (a) for the

5 later cycle shall be an amount equal to the difference

6 between the amount specified in that subsection and

7 the amount transferred.

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

9 candidate transfers any amount from an election

10 cycle to a later election cycle, each limitation with

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

12 later cycle shall be one-third of the difference be13 tween the applicable amount specified in subsection

14 (a) and the amount transferred.

15 ‘‘(d) RUNOFF AMOUNT.—In addition to the contribu16 tions under subsection (a), an eligible House of Represent17 atives candidate who is a candidate in a runoff election

18 may accept contributions aggregating not more than 20

19 percent of the general election expenditure limit under sec20 tion 601(a) in the general election period. Of such con21 tributions, one-half may be from political committees and

22 one-half may be from persons referred to in section

23 315(j)(2).

24 ‘‘(e) PERSONAL CONTRIBUTIONS.—
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1 ‘‘(1) IN GENERAL.—An eligible House of Rep2 resentatives candidate may not, with respect to an

3 election cycle, make contributions to his or her own

4 campaign totaling more than $50,000 from the per5 sonal funds of the candidate. The amount that the

6 candidate may accept from persons referred to in

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

8 contributions made under the preceding sentence.

9 Contributions from the personal funds of a can10 didate may not be matched under section 604.

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

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

13 of an eligible House of Representatives candidate if

14 any other candidate—

15 ‘‘(A) is not an eligible House of Represent16 atives candidate; and

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

18 percent of the general election period limitation

19 specified in section 601(a).

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

21 Representatives candidate, whose opponent makes

22 contributions to his or her own campaign in excess

23 of 50 percent of the general election period limita24 tion specified in section 601(a), shall receive $3 in
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1 matching funds for each $1 certified by the Commis2 sion as matchable for the eligible candidate.

3 ‘‘(f) CIVIL PENALTIES.—

4 ‘‘(1) LOW AMOUNT OF EXCESS CONTRIBU5 TIONS.—Any eligible House of Representatives can6 didate who accepts contributions that exceed the lim7 itation under subsection (a) by 2.5 percent or less

8 shall refund the excess contributions to the persons

9 who made the contributions.

10 ‘‘(2) MEDIUM AMOUNT OF EXCESS CONTRIBU11 TIONS.—Any eligible House of Representatives can12 didate who accepts contributions that exceed a limi13 tation under subsection (a) by more than 2.5 per14 cent and less than 5 percent shall pay to the Com15 mission an amount equal to three times the amount

16 of the excess contributions.

17 ‘‘(3) LARGE AMOUNT OF EXCESS CONTRIBU18 TIONS.—Any eligible House of Representatives can19 didate who accepts contributions that exceed a limi20 tation under subsection (a) by 5 percent or more

21 shall pay to the Commission an amount equal to

22 three times the amount of the excess contributions

23 plus a civil penalty in an amount determined by the

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

2 amount—

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

4 Representative in, or Delegate or Resident Commis5 sioner to the Congress; and

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

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

8 with respect to a candidate’s authorized committees

9 shall not be considered in the computation of

10 amounts subject to limitation under subsection (a).

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

12 accounting compliance costs by the authorized committees

13 of an eligible House of Representatives candidate shall not

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

15 time.

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

17 604 may be transferred to a separate legal and accounting

18 compliance fund.

19 ‘‘(h) CLOSELY CONTESTED PRIMARY.—If, as deter20 mined by the Commission, an eligible House of Represent21 atives candidate in a contested primary election wins that

22 primary election by a margin of 10 percentage points or

23 less, notwithstanding the limitation in subsection (a), the

24 candidate may, in the general election period, accept addi-
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1 tional contributions of not more than $150,000, consisting

2 of—

3 ‘‘(1) not more than $50,000 from political com4 mittees; and

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

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

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

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

9 beginning of the calendar year based on the increase in

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

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

12 shall be calendar year 1993.

13 ‘‘SEC. 604. MATCHING FUNDS.

14 ‘‘(a) IN GENERAL.—An eligible House of Representa15 tives candidate shall be entitled to receive, with respect

16 to the general election, an amount equal to the amount

17 of contributions from individuals received by the can18 didate, but not more than $200,000, and not to the extent

19 that contributions from any individual during the election

20 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 $10,000 and ad4 ditional matching payments equal to the amount of such

5 independent expenditures above $10,000, and expendi6 tures may be made from such payments without regard

7 to the limitations in section 601.

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 general election ballot;

16 ‘‘(3) has an opponent on the general election

17 ballot; and

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

19 the candidate agrees to—

20 ‘‘(A) comply with the limitations under

21 sections 601 and 603;

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

23 the Commission by furnishing such campaign

24 records and other information as the Commis25 sion may require; and
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1 ‘‘(C) comply with any repayment require2 ment under section 605.

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 $60,000. 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. 605. 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. 606. 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. 607. 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 606 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. 608. 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

7 604 for each eligible candidate; and

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

9 under section 605, 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 604)

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

18 605 or judicial review under section 606.

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. 609. 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 604 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 VI 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. 122. 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), as amended by section 102, is

12 amended by adding at the end the following new sub13 section:

14 ‘‘(j)(1) A candidate for the office of Representative

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

16 may not, with respect to an election cycle, accept contribu17 tions from political committees aggregating in excess of

18 $200,000.

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

20 or Delegate or Resident Commissioner to, the Congress

21 may not, with respect to an election cycle, accept contribu22 tions aggregating in excess of $200,000 from persons

23 other than political committees whose contributions total

24 more than $250.
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1 ‘‘(3) In addition to the contributions under para2 graphs (1) and (2), a House of Representatives candidate

3 who is a candidate in a runoff election may accept con4 tributions aggregating not more than $100,000 with re5 spect to the runoff election. Of such contributions, one6 half may be from political committees and one-half may

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

8 ‘‘(4) Any amount—

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

10 Representative in, or Delegate or Resident Commis11 sioner to the Congress; and

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

13 costs, Federal, State, and local taxes,

14 shall not be considered in the computation of amounts

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

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

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

18 subsection, if, as determined by the Commission, an eligi19 ble House of Representatives candidate in a contested pri20 mary election wins that primary election by a margin of

21 10 percentage points or less, the candidate may, in the

22 general election period, accept contributions of not more

23 than $150,000, consisting of—

24 ‘‘(A) not more than $50,000 from political com25 mittees; and
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1 ‘‘(B) not more than $50,000 from persons re2 ferred to in paragraph (2).

3 ‘‘(6) The dollar amounts specified in paragraphs (1),

4 (2), (3), and (5) (other than the amounts in paragraphs

5 (2) and (5) relating to contribution totals) shall be ad6 justed in the manner provided in section 315(c), except

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

8 shall be calendar year 1993.’’.

9 SEC. 123. EXCESS FUNDS OF INCUMBENTS WHO ARE CAN10 DIDATES FOR THE HOUSE OF REPRESENTA11 TIVES.

12 An individual who—

13 (1) is a candidate for the office of Representa14 tive in, or Delegate or Resident Commissioner to,

15 the Congress in an election cycle to which title VI

16 of FECA (as enacted by section 121 of this Act) ap17 plies;

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

19 (3) as of the date of the first statement of par20 ticipation submitted by the individual under section

21 502 of FECA, has campaign accounts containing in

22 excess of $600,000;

23 shall deposit such excess in a separate account subject to

24 the provision of section 304 of FECA. The amount so de25 posited shall be available for any lawful purpose other
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1 than use, with respect to the individual, for an election

2 for the office of Representative in, or Delegate or Resident

3 Commissioner to, the Congress.

4 Subtitle C—General Provisions

5 SEC. 131. BROADCAST RATES AND PREEMPTION.

6 (a) BROADCAST RATES.—Section 315(b) of the Com7 munications Act of 1934 (47 U.S.C. 315(b)) is amended—

8 (1) in paragraph (1)—

9 (A) by striking out ‘‘forty-five’’ and insert10 ing in lieu thereof ‘‘30’’;

11 (B) by striking out ‘‘sixty’’ and inserting

12 in lieu thereof ‘‘45’’; and

13 (C) by striking out ‘‘lowest unit charge of

14 the station for the same class and amount of

15 time for the same period’’ and insert ‘‘lowest

16 charge of the station for the same amount of

17 time for the same period on the same date’’;

18 and

19 (2) by adding at the end the following new sen20 tence:

21 ‘‘In the case of an eligible Senate candidate (as defined

22 in section 301(19) of the Federal Election Campaign Act

23 of 1971), the charges during the general election period

24 (as defined in section 301(21) of such Act) shall not ex-
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1 ceed 50 percent of the lowest charge described in para2 graph (1).’’.

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

4 (47 U.S.C. 315) is amended by redesignating subsections

5 (c) and (d) as subsections (e) and (f), respectively, and

6 by inserting immediately after subsection (b) the following

7 new subsection:

8 ‘‘(c)(1) Except as provided in paragraph (2), a li9 censee shall not preempt the use, during any period speci10 fied in subsection (b)(1), of a broadcasting station by a

11 legally qualified candidate for public office who has pur12 chased and paid for such use pursuant to the provisions

13 of subsection (b)(1).

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

15 station is preempted because of circumstances beyond the

16 control of the broadcasting station, any candidate adver17 tising spot scheduled to be broadcast during that program

18 may also be preempted.

19 ‘‘(d) In the case of a legally qualified candidate for

20 the United States Senate, a licensee shall provide broad21 cast time without regard to the rates charged for the

22 time.’’.
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1 SEC. 132. EXTENSION OF REDUCED THIRD-CLASS MAILING

2 RATES TO ELIGIBLE HOUSE OF REPRESENTA3 TIVES AND SENATE CANDIDATES.

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

5 amended—

6 (1) in paragraph (2)(A)—

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

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

9 and

10 (B) by striking out ‘‘Committee;’’ and in11 serting in lieu thereof ‘‘Committee, and, subject

12 to paragraph (3), the principal campaign com13 mittee of an eligible House of Representatives

14 or Senate candidate;’’;

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

16 after the semicolon;

17 (3) in paragraph (2)(C), by striking out the pe18 riod and inserting in lieu thereof ‘‘; and’’;

19 (4) by adding after paragraph (2)(C) the fol20 lowing new subparagraph:

21 ‘‘(D) the terms ‘eligible House of Representa22 tives candidate’, ‘eligible Senate candidate’, and

23 ‘principal campaign committee’ have the meanings

24 given those terms in section 301 of the Federal

25 Election Campaign Act of 1971.’’; and
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1 (5) by adding after paragraph (2) the following

2 new paragraph:

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

4 with respect to an eligible House of Representatives or

5 Senate candidate shall apply only to—

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

7 section 301 of the Federal Election Campaign Act of

8 1971); and

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

10 number of individuals in the voting age population

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

12 congressional district or State, whichever is applica13 ble.’’.

14 SEC. 133. REPORTING REQUIREMENTS FOR CERTAIN INDE15 PENDENT EXPENDITURES.

16 Section 304(c) of FECA (2 U.S.C. 434(c)) is amend17 ed—

18 (1) in paragraph (2), by striking out the undes19 ignated matter after subparagraph (C);

20 (2) by redesignating paragraph (3) as para21 graph (5); and

22 (3) by inserting after paragraph (2), as amend23 ed by paragraph (1), the following new paragraphs:

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

25 those described in subsection (b)(6)(B)(iii) of this section)
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1 aggregating $1,000 or more made after the 20th day, but

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

3 within 24 hours after such independent expenditure is

4 made.

5 ‘‘(B) Any independent expenditure aggregating

6 $10,000 or more made at any time up to and including

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

8 48 hours after such independent expenditure is made. An

9 additional statement shall be filed each time independent

10 expenditures aggregating $10,000 are made with respect

11 to the same election as the initial statement filed under

12 this section.

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

14 the House of Representatives or the Secretary of the Sen15 ate, whichever is applicable, and the Secretary of State

16 of the State involved and shall contain the information re17 quired by subsection (b)(6)(B)(iii) of this section, includ18 ing whether the independent expenditure is in support of,

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

20 the House of Representatives and the Secretary of the

21 Senate shall as soon as possible (but not later than 4

22 working hours of the Commission) after receipt of a state23 ment transmit it to the Commission. Not later than 48

24 hours after the Commission receives a report, the Commis-
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1 sion shall transmit a copy of the report to each candidate

2 seeking nomination or election to that office.

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

4 includes any action taken to incur an obligation for pay5 ment.

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

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

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

9 than the 20th day before the election.

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

11 the House of Representatives or the Secretary of the Sen12 ate, whichever is applicable, and the Secretary of State

13 of the State involved, and shall identify each candidate

14 whom the expenditure will support or oppose. The Clerk

15 of the House of Representatives and the Secretary of the

16 Senate shall as soon as possible (but not later than 4

17 working hours of the Commission) after receipt of a state18 ment transmit it to the Commission. Not later than 48

19 hours after the Commission receives a statement under

20 this paragraph, the Commission shall transmit a copy of

21 the statement to each candidate identified.

22 ‘‘(5) The Commission may make its own determina23 tion that a person has made, or has incurred obligations

24 to make, independent expenditures with respect to any

25 Federal election which in the aggregate exceed the applica-
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1 ble amounts under paragraph (3) or (4). The Commission

2 shall notify each candidate in such election of such deter3 mination within 24 hours of making it.

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

5 under paragraph (3), (4), or (5) with respect to expendi6 tures during a general election period, the Commission

7 shall certify eligibility to receive benefits under section

8 504(a) or section 604(b).

9 ‘‘(7) The Clerk of the House of Representatives and

10 the Secretary of the Senate shall make any statement re11 ceived under this subsection available for public inspection

12 and copying in the same manner as the Commission under

13 section 311(a)(4), and shall preserve such statements in

14 the same manner as the Commission under section

15 311(a)(5).’’.

16 SEC. 134. CAMPAIGN ADVERTISING AMENDMENTS.

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

18 (1) in the matter before paragraph (1) of sub19 section (a), by striking ‘‘an expenditure’’ and insert20 ing ‘‘a disbursement’’;

21 (2) in the matter before paragraph (1) of sub22 section (a), by striking ‘‘direct’’;

23 (3) in paragraph (3) of subsection (a), by in24 serting after ‘‘name’’ the following ‘‘and permanent

25 street address’’; and
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1 (4) by adding at the end the following new sub2 sections:

3 ‘‘(c) Any printed communication described in sub4 section (a) shall be—

5 ‘‘(1) of sufficient type size to be clearly read6 able by the recipient of the communication;

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

8 the other contents of the communication; and

9 ‘‘(3) consist of a reasonable degree of color con10 trast between the background and the printed state11 ment.

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

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

14 include, in addition to the requirements of those sub15 sections an audio statement by the candidate that identi16 fies the candidate and states that the candidate has ap17 proved the communication.

18 ‘‘(2) If a broadcast or cablecast communication de19 scribed in paragraph (1) is broadcast or cablecast by

20 means of television, the statement required by paragraph

21 (1) shall—

22 ‘‘(A) appear in a clearly readable manner

23 with a reasonable degree of color contrast be24 tween the background and the printed state25 ment, for a period of at least 4 seconds; and
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1 ‘‘(B) be accompanied by a clearly identifi2 able photographic or similar image of the can3 didate.

4 ‘‘(e) Any broadcast or cablecast communication de5 scribed in subsection (a)(3) shall include, in addition to

6 the requirements of those subsections, in a clearly spoken

7 manner, the following statement—

8 ‘ is responsible for the content of

9 this advertisement.’

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

11 committee or other person paying for the communication

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

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

14 also appear in a clearly readable manner with a reasonable

15 degree of color contrast between the background and the

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

17 SEC. 135. DEFINITIONS.

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

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

20 the following new paragraphs:

21 ‘‘(19) The term ‘eligible Senate candidate’ means a

22 candidate who is eligible under section 502 to receive bene23 fits under title V.

24 ‘‘(20) The term ‘general election’ means any election

25 which will directly result in the election of a person to a
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1 Federal office, but does not include an open primary elec2 tion.

3 ‘‘(21) The term ‘general election period’ means, with

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

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

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

7 and ending on the earlier of—

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

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

10 from the campaign or otherwise ceases actively to

11 seek election.

12 ‘‘(22) The term ‘immediate family’ means—

13 ‘‘(A) a candidate’s spouse;

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

15 brother, half-brother, sister or half-sister of the can16 didate or the candidate’s spouse; and

17 ‘‘(C) the spouse of any person described in sub18 paragraph (B).

19 ‘‘(23) The term ‘major party’ has the meaning given

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

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

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

23 in which all the candidates for the office participated and

24 which resulted in the candidate and at least one other can25 didate qualifying for the ballot in the general election,
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1 such candidate shall be treated as a candidate of a major

2 party for purposes of title V.

3 ‘‘(24) The term ‘primary election’ means an election

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

5 ballot in a general election for a Federal office.

6 ‘‘(25) The term ‘primary election period’ means, with

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

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

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

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

11 that office following the last general election for that

12 office; or

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

14 from the election or otherwise ceases actively to seek

15 election.

16 ‘‘(26) The term ‘runoff election’ means an election

17 held after a primary election which is prescribed by appli18 cable State law as the means for deciding which candidate

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

20 office.

21 ‘‘(27) The term ‘runoff election period’ means, with

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

23 following the date of the last primary election for the spe24 cific office such candidate is seeking and ending on the

25 date of the runoff election for such office.
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1 ‘‘(28) The term ‘voting age population’ means the

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

3 pursuant to section 315(e).

4 ‘‘(29) The term ‘eligible House of Representatives

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

6 Representative in, or Delegate or Resident Commissioner

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

8 under section 602, is eligible to receive matching payments

9 and other benefits under title VI by reason of filing a

10 statement of participation and complying with the con11 tinuing eligibility requirements under section 602.

12 ‘‘(30) The term ‘election cycle’ means—

13 ‘‘(A) in the case of a candidate or the author14 ized committees of a candidate, the term beginning

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

16 election for the specific office or seat which such

17 candidate seeks and ending on the date of the next

18 general election for such office or seat; or

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

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

21 election and ending on the date of the next general

22 election.’’.

23 (b) IDENTIFICATION.—Section 301(13) of FECA (2

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

25 and inserting ‘‘permanent residence address’’.
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1 SEC. 136. PROVISIONS RELATING TO FRANKED MASS

2 MAILINGS.

3 (a) MASS MAILINGS OF SENATORS.—Section

4 3210(a)(6) of title 39, United States Code, is amended—

5 (1) in subparagraph (A), by striking ‘‘It is the

6 intent of Congress that a Member of, or a Member7 elect to, Congress’’ and inserting ‘‘A Member of, or

8 Member-elect to, the House’’; and

9 (2) in subparagraph (C)—

10 (A) by striking ‘‘if such mass mailing is

11 postmarked fewer than 60 days immediately be12 fore the date’’ and inserting ‘‘if such mass mail13 ing is postmarked during the calendar year’’;

14 and

15 (B) by inserting ‘‘or reelection’’ imme16 diately before the period.

17 (b) MASS MAILINGS OF HOUSE MEMBERS.—Section

18 3210 of title 39, United States Code, is amended—

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

20 that—’’ and all that follows through the end of sub21 paragraph (B) and inserting a period; and

22 (2) in subsection (d)(1), by striking ‘‘de23 livery—’’ and all that follows through the end of

24 subparagraph (B) and inserting ‘‘delivery within

25 that area constituting the congressional district or

26 State from which the Member was elected.’’.
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1 (c) PROHIBITION ON USE OF OFFICIAL FUNDS.—

2 The Committee on House Administration of the House of

3 Representatives may not approve any payment, nor may

4 a Member of the House of Representatives make any ex5 penditure from, any allowance of the House of Represent6 atives or any other official funds if any portion of the pay7 ment or expenditure is for any cost related to a mass mail8 ing by a Member of the House of Representatives outside

9 the congressional district of the Member.

10 TITLE II—INDEPENDENT

11 EXPENDITURES

12 SEC. 201. CLARIFICATION OF DEFINITIONS RELATING TO

13 INDEPENDENT EXPENDITURES.

14 (a) INDEPENDENT EXPENDITURE DEFINITION

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

16 amended by striking paragraphs (17) and (18) and insert17 ing the following:

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

19 an expenditure for an advertisement or other communica20 tion that—

21 ‘‘(i) contains express advocacy; and

22 ‘‘(ii) is made without the participation or co23 operation of a candidate or a candidate’s representa24 tive.
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1 ‘‘(B) The following shall not be considered an inde2 pendent expenditure:

3 ‘‘(i) An expenditure made by a political commit4 tee of a political party.

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

6 during the election cycle, has communicated with or

7 received information from a candidate or a rep8 resentative of that candidate regarding activities

9 that have the purpose of influencing that candidate’s

10 election to Federal office, where the expenditure is

11 in support of that candidate or in opposition to an12 other candidate for that office.

13 ‘‘(iii) An expenditure if there is any arrange14 ment, coordination, or direction with respect to the

15 expenditure between the candidate or the candidate’s

16 agent and the person making the expenditure.

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

18 cycle, the person making the expenditure is or has

19 been—

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

21 behalf of the candidate or the candidate’s au22 thorized committees; or

23 ‘‘(II) serving as a member, employee, or

24 agent of the candidate’s authorized committees

25 in an executive or policymaking position.
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1 ‘‘(v) An expenditure if the person making the

2 expenditure has advised or counseled the candidate

3 or the candidate’s agents at any time on the can4 didate’s plans, projects, or needs relating to the can5 didate’s pursuit of nomination for election, or elec6 tion, to Federal office, in the same election cycle, in7 cluding any advice relating to the candidate’s deci8 sion to seek Federal office.

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

10 expenditure retains the professional services of any

11 individual or other person also providing those serv12 ices in the same election cycle to the candidate in

13 connection with the candidate’s pursuit of nomina14 tion for election, or election, to Federal office, in15 cluding any services relating to the candidate’s deci16 sion to seek Federal office.

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

18 expenditure has consulted at any time during the

19 same election cycle about the candidate’s plans,

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

21 of nomination for election, or election, to Federal of22 fice, with—

23 ‘‘(I) any officer, director, employee or

24 agent of a party committee that has made or

25 intends to make expenditures or contributions,
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1 pursuant to subsections (a), (d), or (h) of sec2 tion 315 in connection with the candidate’s

3 campaign; or

4 ‘‘(II) any person whose professional serv5 ices have been retained by a political party com6 mittee that has made or intends to make ex7 penditures or contributions pursuant to sub8 sections (a), (d), or (h) of section 315 in con9 nection with the candidate’s campaign.

10 For purposes of this subparagraph, the person making the

11 expenditure shall include any officer, director, employee,

12 or agent of such person.

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

14 communication is taken as a whole, an expression of sup15 port for or opposition to a specific candidate, to a specific

16 group of candidates, or to candidates of a particular politi17 cal party, or a suggestion to take action with respect to

18 an election, such as to vote for or against, make contribu19 tions to, or participate in campaign activity.’’.

20 (b) CONTRIBUTION DEFINITION AMENDMENT.—Sec21 tion 301(8)(A) of FECA (2 U.S.C. 431(8)(A)) is amend22 ed—

23 (1) in clause (i), by striking ‘‘or’’ after the

24 semicolon at the end;
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1 (2) in clause (ii), by striking the period at the

2 end and inserting ‘‘; or’’; and

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

4 clause:

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

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

7 an independent expenditure under paragraph

8 (17)(A)(ii).’’.

9 TITLE III—EXPENDITURES

10 Subtitle A—Personal Loans; Credit

11 SEC. 301. PERSONAL CONTRIBUTIONS AND LOANS.

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

13 by section 122, is amended by adding at the end the fol14 lowing new subsection:

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

16 (1) If a candidate or a member of the candidate’s imme17 diate family made any loans to the candidate or to the

18 candidate’s authorized committees during any election

19 cycle, no contributions after the date of the general elec20 tion for such election cycle may be used to repay such

21 loans.

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

23 the candidate’s immediate family may be returned to the

24 candidate or member other than as part of a pro rata dis25 tribution of excess contributions to all contributors.’’.
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1 SEC. 302. EXTENSIONS OF CREDIT.

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

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

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

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

6 (iii) and inserting ‘‘; or’’; and

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

8 clause:

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

10 candidate’s authorized committees, any exten11 sion of credit for goods or services relating to

12 advertising on broadcasting stations, in news13 papers or magazines, or by mailings, or relating

14 to other similar types of general public political

15 advertising, if such extension of credit is—

16 ‘‘(I) in an amount of more than

17 $1,000; and

18 ‘‘(II) for a period greater than the pe19 riod, not in excess of 60 days, for which

20 credit is generally extended in the normal

21 course of business after the date on which

22 such goods or services are furnished or the

23 date of the mailing in the case of advertis24 ing by a mailing.’’.
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1 Subtitle B—Provisions Relating to

2 Soft Money of Political Parties

3 SEC. 311. CONTRIBUTIONS TO POLITICAL PARTY COMMIT4 TEES.

5 (a) INDIVIDUAL CONTRIBUTIONS TO STATE

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

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

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

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

10 (B) the following new subparagraph:

11 ‘‘(C) to political committees established and

12 maintained by a State committee of a political party

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

14 $10,000; or’’.

15 (b) MULTICANDIDATE COMMITTEE CONTRIBUTIONS

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

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

18 at the end of subparagraph (B), by redesignating subpara19 graph (C) as subparagraph (D), and by inserting after

20 subparagraph (B) the following new subparagraph:

21 ‘‘(C) to political committees established and

22 maintained by a State committee of a political party

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

24 $10,000; or’’.
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1 (c) INCREASE IN OVERALL LIMIT.—Paragraph (3) of

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

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

4 ‘‘The limitation under this paragraph shall be increased

5 (but not by more than $5,000) by the amount of contribu6 tions made by an individual during a calendar year to po7 litical committees which are taken into account for pur8 poses of paragraph (1)(C).’’.

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

10 AND LOCAL PARTY COMMITTEES.

11 (a) EXPENDITURES BY STATE COMMITTEES IN CON12 NECTION WITH PRESIDENTIAL CAMPAIGNS.—Section

13 315(d) of FECA (2 U.S.C. 441a(d)) is amended by insert14 ing at the end thereof the following new paragraph:

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

16 subordinate committees of that State committee, shall not

17 make expenditures in connection with the general election

18 campaign of a candidate for President of the United

19 States who is affiliated with such party which, in the ag20 gregate, exceed an amount equal to 4 cents multiplied by

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

22 subsection (e). This paragraph shall not authorize a com23 mittee to make expenditures for audio broadcasts (includ24 ing television broadcasts) in excess of the amount which

25 could have been made without regard to this paragraph.’’.
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1 (b) CONTRIBUTION AND EXPENDITURE EXCEP2 TIONS.—(1) Section 301(8)(B) of FECA (2 U.S.C.

3 431(8)(B)) is amended—

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

5 inserting ‘‘mail’’; and

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

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

8 431(9)(B)) is amended by repealing clauses (viii) and (ix).

9 (c) SOFT MONEY OF COMMITTEES OF POLITICAL

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

11 after section 323 the following new section:

12 ‘‘POLITICAL PARTY COMMITTEES

13 ‘‘SEC. 324. (a) Any amount solicited, received, or ex14 pended directly or indirectly by a national, State, district,

15 or local committee of a political party (including any sub16 ordinate committee) with respect to an activity which, in

17 whole or in part, is in connection with an election to Fed18 eral office shall be subject in its entirety to the limitations,

19 prohibitions, and reporting requirements of this Act.

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

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

22 of influencing an election for Federal office is in

23 connection with an election for Federal office.

24 ‘‘(2) Except as provided in paragraph (3), any

25 of the following activities during a Federal election
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1 period shall be treated as in connection with an elec2 tion for Federal office:

3 ‘‘(A) Voter registration and get-out-the4 vote activities.

5 ‘‘(B) Campaign activities, including broad6 casting, newspaper, magazine, billboard, mass

7 mail, and newsletter communications, and simi8 lar kinds of communications or public advertis9 ing that—

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

11 ‘‘(ii) identify a Federal candidate re12 gardless of whether a State or local can13 didate is also identified.

14 ‘‘(C) The preparation and dissemination of

15 campaign materials that are part of a generic

16 campaign activity or that identify a Federal

17 candidate, regardless of whether a State or

18 local candidate is also identified.

19 ‘‘(D) Development and maintenance of

20 voter files.

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

22 or in part) an election for Federal office.

23 ‘‘(3) The following shall not be treated as in

24 connection with a Federal election:
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1 ‘‘(A) Any amount described in section

2 301(8)(B)(viii).

3 ‘‘(B) Any amount contributed to a can4 didate for other than Federal office.

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

6 connection with a State or local political con7 vention.

8 ‘‘(D) Campaign activities, including broad9 casting, newspaper, magazine, billboard, mass

10 mail, and newsletter communications, and simi11 lar kinds of communications or public advertis12 ing that are exclusively on behalf of State or

13 local candidates and are not activities described

14 in paragraph (2)(A).

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

16 local committee of a political party, including

17 expenses for—

18 ‘‘(i) overhead;

19 ‘‘(ii) staff (other than individuals de20 voting a substantial portion of their activi21 ties to elections for Federal office);

22 ‘‘(iii) meetings; and

23 ‘‘(iv) conducting party elections or

24 caucuses.
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1 ‘‘(F) Research pertaining solely to State

2 and local candidates and issues.

3 ‘‘(G) Development and maintenance of

4 voter files other than during a Federal election

5 period.

6 ‘‘(H) Activities described in paragraph

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

8 a Federal election period.

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

10 the purpose of influencing, and which solely af11 fects, an election for non-Federal office.

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

13 ‘Federal election period’ means the period—

14 ‘‘(A) beginning on June 1, of any even15 numbered calendar year (April 1 if an election

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

17 and

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

19 on which regularly scheduled general elections

20 for Federal office occur.

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

22 period shall include at least the 60-day period end23 ing on the date of the election.

24 ‘‘(c) SOLICITATION OF COMMITTEES.—(1) A national

25 committee of a political party may not solicit or accept
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1 contributions not subject to the limitations, prohibitions,

2 and reporting requirements of this Act.

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

4 that—

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

6 of a political party for use directly for activities de7 scribed in subsection (b)(3); or

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

9 to support such activities.

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

11 CANDIDATE COMMITTEES.—(1) For purposes of sub12 section (a), any amount received by a national, State, dis13 trict, or local committee of a political party (including any

14 subordinate committee) from a State or local candidate

15 committee shall be treated as meeting the requirements

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

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

18 meet the requirements of this Act with respect to

19 any limitation or prohibition as to source or dollar

20 amount, and

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

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

23 payment is made, records of the sources and

24 amounts of funds for purposes of determining

25 whether such requirements are met, and
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1 ‘‘(ii) certifies to the other committee that

2 such requirements were met.

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

4 receiving any contribution described in paragraph (1) from

5 a State or local candidate committee shall be required to

6 meet the reporting requirements of this Act with respect

7 to receipt of the contribution from such candidate commit8 tee.

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

10 candidate committee is a committee established, financed,

11 maintained, or controlled by a candidate for other than

12 Federal office.’’.

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

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

15 end thereof the following new paragraph:

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

17 party, the congressional campaign committees of a

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

19 political party, including a subordinate committee of

20 any of the preceding committees, shall not make ex21 penditures during any calendar year for activities

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

23 State which, in the aggregate, exceed an amount

24 equal to 30 cents multiplied by the voting age popu-
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1 lation of the State (as certified under subsection

2 (e)).

3 ‘‘(B) Expenditures authorized under this para4 graph shall be in addition to other expenditures al5 lowed under this subsection, except that this para6 graph shall not authorize a committee to make ex7 penditures to which paragraph (3) or (4) applies in

8 excess of the limit applicable to such expenditures

9 under paragraph (3) or (4).

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

11 paragraph shall be made under subsection (c) before

12 1993 and the base period for purposes of any such

13 adjustment shall be 1990.

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

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

16 shall only include a committee that is a political

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

18 ‘‘(ii) a State committee shall not be re19 quired to record or report under this Act the

20 expenditures of any other committee which are

21 made independently from the State commit22 tee.’’.

23 (3) Section 301(4) of FECA (2 U.S.C. 431(4))

24 is amended by adding at the end the following new

25 sentence: ‘‘For purposes of subparagraph (C), any
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1 payments for get-out-the-vote activities on behalf of

2 candidates for office other than Federal office shall

3 be treated as payments exempted from the definition

4 of expenditure under paragraph (9) of this section.’’.

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

6 U.S.C. 431), as amended by section 135, is amended by

7 adding at the end thereof the following new paragraph:

8 ‘‘(31) The term ‘generic campaign activity’

9 means a campaign activity the preponderant purpose

10 or effect of which is to promote a political party

11 rather than any particular Federal or non-Federal

12 candidate.’’.

13 SEC. 313. RESTRICTIONS ON FUNDRAISING BY CANDIDATES

14 AND OFFICEHOLDERS.

15 (a) STATE FUNDRAISING ACTIVITIES.—Section 315

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

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

18 subsection:

19 ‘‘(l) LIMITATIONS ON FUNDRAISING ACTIVITIES OF

20 FEDERAL CANDIDATES AND OFFICEHOLDERS AND CER21 TAIN POLITICAL COMMITTEES.—(1) For purposes of this

22 Act, a candidate for Federal office (or an individual hold23 ing Federal office) may not solicit funds to, or receive

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

25 or political committee—
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1 ‘‘(A) which are to be expended in connection

2 with any election for Federal office unless such

3 funds are subject to the limitations, prohibitions,

4 and requirements of this Act; or

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

6 with any election for other than Federal office unless

7 such funds are not in excess of amounts permitted

8 with respect to Federal candidates and political com9 mittees under this Act, and are not from sources

10 prohibited by this Act with respect to elections to

11 Federal office.

12 ‘‘(2)(A) The aggregate amount which a person de13 scribed in subparagraph (B) may solicit from a

14 multicandidate political committee for State committees

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

16 committees) for any calendar year shall not exceed the dol17 lar amount in effect under subsection (a)(2)(B) for the

18 calendar year.

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

20 such person is a candidate for Federal office, an individual

21 holding Federal office, or any national, State, district, or

22 local committee of a political party (including subordinate

23 committees).

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

25 or individual in any activity (including fundraising) con-
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1 ducted by a committee of a political party or a candidate

2 for other than Federal office shall not be treated as a so3 licitation for purposes of paragraph (1) if—

4 ‘‘(A) such appearance or participation is other5 wise permitted by law; and

6 ‘‘(B) such candidate or individual does not so7 licit or receive, or make expenditures from, any

8 funds resulting from such activity.

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

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

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

12 is permitted under State law.

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

14 shall be treated as holding Federal office if such individual

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

16 Act of 1978.’’.

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

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

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

20 subsection:

21 ‘‘(m) TAX-EXEMPT ORGANIZATIONS.—(1) If during

22 any period an individual is a candidate for, or holds, Fed23 eral office, such individual may not during such period so24 licit contributions to, or on behalf of, any organization

25 which is described in section 501(c) of the Internal Reve-
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1 nue Code of 1986 if a significant portion of the activities

2 of such organization include voter registration or get-out3 the-vote campaigns.

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

5 shall be treated as holding Federal office if such individual

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

7 Act of 1978.’’.

8 SEC. 314. REPORTING REQUIREMENTS.

9 (a) REPORTING REQUIREMENTS.—Section 304 of

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

11 thereof the following new subsection:

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

13 committee of a political party and any congressional cam14 paign committee, and any subordinate committee of ei15 ther, shall report all receipts and disbursements during

16 the reporting period, whether or not in connection with

17 an election for Federal office.

18 ‘‘(2) A political committee (not described in para19 graph (1)) to which section 324 applies shall report all

20 receipts and disbursements in connection with a Federal

21 election (as determined under section 324).

22 ‘‘(3) Any political committee to which section 324 ap23 plies shall include in its report under paragraph (1) or

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

25 and the reason for the transfer.
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1 ‘‘(4) Any political committee to which paragraph (1)

2 or (2) does not apply shall report any receipts or disburse3 ments which are used in connection with a Federal elec4 tion.

5 ‘‘(5) If any receipt or disbursement to which this sub6 section applies exceeds $200, the political committee shall

7 include identification of the person from whom, or to

8 whom, such receipt or disbursement was made.

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

10 shall be filed for the same time periods required for politi11 cal committees under subsection (a).’’.

12 (b) REPORT OF EXEMPT CONTRIBUTIONS.—Section

13 301(8) of the Federal Election Campaign Act of 1971 (2

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

15 the following:

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

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

18 for purposes of any requirement to report con19 tributions under this Act, and all such contribu20 tions in excess of $200 shall be reported.’’.

21 (c) REPORTING OF EXEMPT EXPENDITURES.—Sec22 tion 301(9) of the Federal Election Campaign Act of 1971

23 (2 U.S.C. 431(9)) is amended by inserting at the end

24 thereof the following:
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1 ‘‘(C) The exclusions provided in clause (iv)

2 of subparagraph (B) shall not apply for pur3 poses of any requirement to report expenditures

4 under this Act, and all such expenditures in ex5 cess of $200 shall be reported.’’.

6 (d) CONTRIBUTIONS AND EXPENDITURES OF POLITI7 CAL COMMITTEES.—Section 301(4) of FECA (2 U.S.C.

8 431(4)) is amended by adding at the end the following:

9 ‘‘For purposes of this paragraph, the receipt of contribu10 tions or the making of, or obligating to make, expenditures

11 shall be determined by the Commission on the basis of

12 facts and circumstances, in whatever combination, dem13 onstrating a purpose of influencing any election for Fed14 eral office, including, but not limited to, the representa15 tions made by any person soliciting funds about their in16 tended uses; the identification by name of individuals who

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

18 in general public political advertising; and the proximity

19 to any primary, runoff, or general election of general pub20 lic political advertising designed or reasonably calculated

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

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

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

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

25 subsection:
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1 ‘‘(e) FILING OF STATE REPORTS.—In lieu of any re2 port required to be filed by this Act, the Commission may

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

4 the Commission a report required to be filed under State

5 law if the Commission determines such reports contain

6 substantially the same information.’’.

7 TITLE IV—CONTRIBUTIONS

8 SEC. 401. CONTRIBUTIONS THROUGH INTERMEDIARIES

9 AND CONDUITS.

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

11 amended to read as follows:

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

13 ‘‘(A) Contributions made by a person, either di14 rectly or indirectly, to or on behalf of a particular

15 candidate, including contributions that are in any

16 way earmarked or otherwise directed through an

17 intermediary or conduit to a candidate, shall be

18 treated as contributions from the person to the can19 didate.

20 ‘‘(B) Contributions made directly or indirectly

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

22 through an intermediary or conduit, including con23 tributions made or arranged to be made by an

24 intermediary or conduit, shall be treated as contribu-
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1 tions from the intermediary or conduit to the can2 didate if—

3 ‘‘(i) the contributions made through the

4 intermediary or conduit are in the form of a

5 check or other negotiable instrument made pay6 able to the intermediary or conduit rather than

7 the intended recipient; or

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

9 ‘‘(I) a political committee with a con10 nected organization;

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

12 such a political committee;

13 ‘‘(III) a political party;

14 ‘‘(IV) a partnership or sole proprietor15 ship;

16 ‘‘(V) a person required to register

17 under section 308 of the Federal Regula18 tion of Lobbying Act (2 U.S.C. 267) or the

19 Foreign Agents Registration Act of 1938

20 (22 U.S.C. 611 et seq.); or

21 ‘‘(VI) an organization prohibited from

22 making contributions under section 316, or

23 an officer, employee, or agent of such an

24 organization acting on the organization’s

25 behalf.
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1 ‘‘(C)(i) The term ‘intermediary or conduit’ does

2 not include—

3 ‘‘(I) a candidate or representative of a can4 didate receiving contributions to the candidate’s

5 principal campaign committee or authorized

6 committee;

7 ‘‘(II) a professional fundraiser com8 pensated for fundraising services at the usual

9 and customary rate;

10 ‘‘(III) a volunteer hosting a fundraising

11 event at the volunteer’s home, in accordance

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

13 ‘‘(IV) an individual who transmits a con14 tribution from the individual’s spouse.

15 ‘‘(ii) The term ‘representative’ means an indi16 vidual who is expressly authorized by the candidate

17 to engage in fundraising, and who occupies a signifi18 cant position within the candidate’s campaign orga19 nization, provided that the individual is not de20 scribed in subparagraph (B)(ii).

21 ‘‘(iii) The term ‘contributions made or arranged

22 to be made’ includes—

23 ‘‘(I) contributions delivered to a particular

24 candidate or the candidate’s authorized commit25 tee or agent; and
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1 ‘‘(II) contributions directly or indirectly ar2 ranged to be made to a particular candidate or

3 the candidate’s authorized committee or agent,

4 in a manner that identifies directly or indirectly

5 to the candidate or authorized committee or

6 agent the person who arranged the making of

7 the contributions or the person on whose behalf

8 such person was acting.

9 ‘‘(iv) The term ‘acting on the organization’s be10 half’ includes the following activities by an officer,

11 employee or agent of a person described in subpara12 graph (B)(ii)(IV):

13 ‘‘(I) Soliciting or directly or indirectly ar14 ranging the making of a contribution to a par15 ticular candidate in the name of, or by using

16 the name of, such a person.

17 ‘‘(II) Soliciting or directly or indirectly ar18 ranging the making of a contribution to a par19 ticular candidate using other than incidental re20 sources of such a person.

21 ‘‘(III) Soliciting contributions for a par22 ticular candidate by substantially directing the

23 solicitations to other officers, employees, or

24 agents of such a person.

25 ‘‘(D) Nothing in this paragraph shall prohibit—
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1 ‘‘(i) bona fide joint fundraising efforts con2 ducted solely for the purpose of sponsorship of

3 a fundraising reception, dinner, or other similar

4 event, in accordance with rules prescribed by

5 the Commission, by—

6 ‘‘(I) 2 or more candidates;

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

8 local committees of a political party within

9 the meaning of section 301(4) acting on

10 their own behalf; or

11 ‘‘(III) a special committee formed by

12 2 or more candidates, or a candidate and

13 a national, State, or local committee of a

14 political party acting on their own behalf;

15 or

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

17 a candidate that are conducted by another can18 didate.

19 ‘‘(iii) bona fide fundraising efforts con20 ducted by and solely on behalf of an individual

21 for the purpose of sponsorship of a fundraising

22 reception, dinner, or other similar event, but

23 only if all contributions are made directly to a

24 candidate or a representative of a candidate.
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1 When a contribution is made to a candidate through an

2 intermediary or conduit, the intermediary or conduit shall

3 report the original source and the intended recipient of

4 the contribution to the Commission and to the intended

5 recipient.’’.

6 SEC. 402. CONTRIBUTIONS BY DEPENDENTS NOT OF VOT7 ING AGE.

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

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

10 following new subsection:

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

12 by an individual who—

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

14 ‘‘(2) has not, as of the time of such contribu15 tion, attained the legal age for voting for elections

16 to Federal office in the State in which such individ17 ual resides,

18 shall be treated as having been made by such other indi19 vidual. If such individual is the dependent of another indi20 vidual and such other individual’s spouse, the contribution

21 shall be allocated among such individuals in the manner

22 determined by them.’’.
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1 SEC. 403. CONTRIBUTIONS TO CANDIDATES FROM STATE

2 AND LOCAL COMMITTEES OF POLITICAL PAR3 TIES TO BE AGGREGATED.

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

5 amended by adding at the end the following new para6 graph:

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

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

9 or local committee of a political party (including any sub10 ordinate committee of such committee), if such contribu11 tion, when added to the total of contributions previously

12 accepted from all such committees of that political party,

13 exceeds a limitation on contributions to a candidate under

14 this section.’’.

15 SEC. 404. LIMITED EXCLUSION OF ADVANCES BY CAM16 PAIGN WORKERS FROM THE DEFINITION OF

17 THE TERM ‘‘CONTRIBUTION’’.

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

19 amended—

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

21 semicolon at the end;

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

23 end and inserting: ‘‘; and’’; and

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

25 clause:
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1 ‘‘(xv) any advance voluntarily made on behalf of

2 an authorized committee of a candidate by an indi3 vidual in the normal course of such individual’s re4 sponsibilities as a volunteer for, or employee of, the

5 committee, if the advance is reimbursed by the com6 mittee within 10 days after the date on which the

7 advance is made, and the value of advances on be8 half of a committee does not exceed $500 with re9 spect to an election.’’.

10 TITLE V—REPORTING

11 REQUIREMENTS

12 SEC. 501. CHANGE IN CERTAIN REPORTING FROM A CAL13 ENDAR YEAR BASIS TO AN ELECTION CYCLE

14 BASIS.

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

16 FECA (2 U.S.C. 434(b) (2)–(7)) are amended by insert17 ing after ‘‘calendar year’’ each place it appears the follow18 ing: ‘‘(election cycle, in the case of an authorized commit19 tee of a candidate for Federal office)’’.

20 SEC. 502. PERSONAL AND CONSULTING SERVICES.

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

22 434(b)(5)(A)) is amended by adding before the semicolon

23 at the end the following: ‘‘, except that if a person to

24 whom an expenditure is made is merely providing personal

25 or consulting services and is in turn making expenditures
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1 to other persons (not including employees) who provide

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

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

4 together with the date, amount and purpose of such ex5 penditure shall also be disclosed’’.

6 SEC. 503. REDUCTION IN THRESHOLD FOR REPORTING OF

7 CERTAIN INFORMATION BY PERSONS OTHER

8 THAN POLITICAL COMMITTEES.

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

10 434(b)(3)(A)) is amended by striking ‘‘$200’’ and insert11 ing ‘‘$50’’.

12 SEC. 504. COMPUTERIZED INDICES OF CONTRIBUTIONS.

13 Section 311(a) of FECA (2 U.S.C. 438(a)) is amend14 ed—

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

16 (9);

17 (2) by striking the period at the end of para18 graph (10) and inserting ‘‘; and’’; and

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

20 paragraph:

21 ‘‘(11) maintain computerized indices of con22 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 Senate candidate

19 subject to audit under section 505(a) or an authorized

20 committee of an eligible House of Representatives can21 didate subject to audit under section 605(a).’’.

22 SEC. 607. PROHIBITION OF FALSE REPRESENTATION TO

23 SOLICIT CONTRIBUTIONS.

24 Section 322 of FECA (2 U.S.C. 441h) is amended—
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1 (1) by inserting after ‘‘SEC. 322.’’ the follow2 ing: ‘‘(a)’’; and

3 (2) by adding at the end the following:

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

5 representing himself as a candidate or as a representative

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

7 SEC. 608. REGULATIONS RELATING TO USE OF NON-FED8 ERAL MONEY.

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

10 by adding at the end the following new subsection:

11 ‘‘(g) The Commission shall promulgate rules to pro12 hibit devices or arrangements which have the purpose or

13 effect of undermining or evading the provisions of this Act

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

15 elections.’’.

16 TITLE VII—BALLOT INITIATIVE

17 COMMITTEES

18 SEC. 701. DEFINITIONS RELATING TO BALLOT INITIATIVES.

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

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

21 following new paragraphs:

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

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

24 persons which makes ballot initiative expenditures or re-
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1 ceives ballot initiative contributions in excess of $1,000

2 during a calendar year.

3 ‘‘(33) The term ‘ballot initiative contribution’ means

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

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

6 of influencing the outcome of any referendum or other bal7 lot initiative voted on at the State, commonwealth, terri8 tory, or District of Columbia level which involves—

9 ‘‘(A) interstate commerce;

10 ‘‘(B) the election of candidates for Federal of11 fice and the permissible terms of those so elected;

12 ‘‘(C) Federal taxation of individuals, corpora13 tions, or other entities; or

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

15 other right guaranteed under the United States Con16 stitution.

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

18 any purchase, payment, distribution, loan, advance, de19 posit or gift of money or anything of value made by any

20 person for the purpose of influencing the outcome of any

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

22 commonwealth, territory, or District of Columbia level

23 which involves—

24 ‘‘(A) interstate commerce;
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1 ‘‘(B) the election of candidates for Federal of2 fice and the permissible terms of those so elected;

3 ‘‘(C) Federal taxation of individuals, corpora4 tions, or other entities; or

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

6 other right guaranteed under the United States Con7 stitution.’’.

8 SEC. 702. AMENDMENT TO DEFINITION OF CONTRIBUTION.

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

10 as amended by section 404, is amended—

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

12 semicolon;

13 (2) in clause (xv), by striking the period and in14 serting ‘‘; and’’; and

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

16 clause:

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

18 SEC. 703. AMENDMENT TO DEFINITION OF EXPENDITURE.

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

20 amended—

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

22 semicolon;

23 (2) in clause (x), by striking the period and in24 serting ‘‘; and’’; and
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1 (3) by adding at the end the following new

2 clause:

3 ‘‘(xi) a ballot initiative expenditure.’’.

4 SEC. 704. ORGANIZATION OF BALLOT INITIATIVE COMMIT5 TEES.

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

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

8 new section:

9 ‘‘ORGANIZATION OF BALLOT INITIATIVE COMMITTEES

10 ‘‘SEC. 302A. (a) Every ballot initiative political com11 mittee shall have a treasurer. No ballot initiative contribu12 tion shall be accepted or ballot initiative expenditure shall

13 be made by or on behalf of a ballot initiative political com14 mittee during any period in which the office of treasurer

15 is vacant.

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

17 contribution for a ballot initiative political committee

18 shall—

19 ‘‘(A) if the amount is $50 or less, forward to

20 the treasurer such contribution no later than 30

21 days after receiving the contribution; and

22 ‘‘(B) if the amount of the ballot initiative con23 tribution is in excess of $50, forward to the treas24 urer such contribution, the name, address, and occu25 pation of the person making such contribution, and
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1 the date of receiving such contribution, no later than

2 10 days after receiving such contribution.

3 ‘‘(2) All funds of a ballot initiative political committee

4 shall be segregated from, and may not be commingled

5 with, the personal funds of any individual.

6 ‘‘(3) The treasurer of a ballot initiative political com7 mittee shall keep an account for—

8 ‘‘(A) all ballot initiative contributions received

9 by or on behalf of such ballot initiative political com10 mittee;

11 ‘‘(B) the name and address of any person who

12 makes a ballot initiative contribution in excess of

13 $50, together with the date and amount of such bal14 lot initiative contribution by any person;

15 ‘‘(C) the identification of any person who makes

16 a ballot initiative contribution or ballot initiative

17 contributions aggregating more than $200 during a

18 calendar year, together with the date and amount of

19 any such contribution;

20 ‘‘(D) the identification of any political commit21 tee or ballot initiative political committee which

22 makes a ballot initiative contribution, together with

23 the date and amount of any such contribution; and

24 ‘‘(E) the name and address of every person to

25 whom any ballot initiative expenditure is made, the
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1 date, amount and purpose of such ballot initiative

2 expenditure, and the name of the ballot initiative(s)

3 to which the ballot initiative expenditure pertained.

4 ‘‘(c) The treasurer shall preserve all records required

5 to be kept by this section 3 years after the report is filed.’’.

6 SEC. 705. BALLOT INITIATIVE COMMITTEE REPORTING RE7 QUIREMENTS.

8 Title III of FECA (2 U.S.C. 431 et seq.), as amended

9 by section 103, is amended by inserting after section 30A

10 (2 U.S.C. 434) the following new section:

11 ‘‘BALLOT INITIATIVE COMMITTEE REPORTING

12 REQUIREMENTS

13 ‘‘SEC. 304B. (a)(1) Each treasurer of a ballot initia14 tive political committee shall file reports of receipts and

15 disbursements in accordance with the provisions of this

16 subsection. The treasurer shall sign each such report.

17 ‘‘(2) All ballot initiative political committees shall file

18 either—

19 ‘‘(A)(i) quarterly reports in each calendar year

20 when a ballot initiative is slated regarding which the

21 ballot initiative committee plans to make or makes

22 a ballot initiative expenditure or plans to receive or

23 receives a ballot initiative contribution, which shall

24 be filed no later than the 15th day after the last day

25 of each calendar quarter: except that the report for

26 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

6 by 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, or

10 oppose 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 sections 101(c) and 121(b), if

6 any provision of this Act (including any amendment made

7 by this Act), or the application of any such provision to

8 any person or circumstance, is held invalid, the validity

9 of any other provision of this Act, or the application of

10 such provision to other persons and circumstances, shall

11 not be affected 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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