II

104TH CONGRESS

1ST SESSION S. 46

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

voluntary system of spending limits and partial public financing of Senate

primary and general election campaigns, to limit contributions by

multicandidate political committees, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JANUARY 4, 1995

Mr. FEINGOLD introduced the following bill; which was read twice and

referred to the Committee on Rules and Administration

A BILL

To amend the Federal Election Campaign Act of 1971 to

provide for a voluntary system of spending limits and

partial public financing of Senate primary and general

election campaigns, to limit contributions by

multicandidate political committees, and for other purposes.

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

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

4 TABLE OF CONTENTS.

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

6 ‘‘Senate Campaign Financing and Spending Reform Act’’.
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1 (b) AMENDMENT OF FECA.—When used in this Act,

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

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

4 (c) TABLE OF CONTENTS.—

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

Sec. 2. Findings and declarations of the Senate.

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. Ban on activities of political action committees in Federal elections.

Sec. 103. Reporting requirements.

Sec. 104. Disclosure by noneligible candidates.

Subtitle B—General Provisions

Sec. 131. Broadcast rates and preemption.

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

Sec. 301. Personal contributions and loans.

Sec. 302. Extensions of credit.

Subtitle B—Provisions Relating to Soft Money of Political Parties

Sec. 311. Reporting requirements.

TITLE IV—CONTRIBUTIONS

Sec. 401. Contributions through intermediaries and conduits; prohibition on

certain contributions by lobbyists.

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
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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—MISCELLANEOUS

Sec. 701. Prohibition of leadership committees.

Sec. 702. Polling data contributed to candidates.

Sec. 703. Sense of the Senate that Congress should consider adoption of a joint

resolution proposing an amendment to the Constitution that

would empower Congress and the States to set reasonable limits on campaign expenditures.

Sec. 704. Personal use of campaign funds.

TITLE VIII—EFFECTIVE DATES; AUTHORIZATIONS

Sec. 801. Effective date.

Sec. 802. Severability.

Sec. 803. Expedited review of constitutional issues.

1 SEC. 2. FINDINGS AND DECLARATIONS OF THE SENATE.

2 (a) NECESSITY FOR SPENDING LIMITS.—The Senate

3 finds and declares that—

4 (1) the current system of campaign finance has

5 led to public perceptions that political contributions

6 and their solicitation have unduly influenced the offi7 cial conduct of elected officials;

8 (2) permitting candidates for Federal office to

9 raise and spend unlimited amounts of money con10 stitutes a fundamental flaw in the current system of
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1 campaign finance, and has undermined public re2 spect for the Senate as an institution;

3 (3) the failure to limit campaign expenditures

4 has caused individuals elected to the Senate to spend

5 an increasing proportion of their time in office as

6 elected officials raising funds, interfering with the

7 ability of the Senate to carry out its constitutional

8 responsibilities;

9 (4) the failure to limit campaign expenditures

10 has damaged the Senate as an institution, due to the

11 time lost to raising funds for campaigns; and

12 (5) to prevent the appearance of undue influ13 ence and to restore public trust in the Senate as an

14 institution, it is necessary to limit campaign expend15 itures, through a system which provides public bene16 fits to candidates who agree to limit campaign ex17 penditures.

18 (b) NECESSITY FOR BAN ON POLITICAL ACTION

19 COMMITTEES.—The Senate finds and declares that—

20 (1) contributions by political action committees

21 to individual candidates have created the perception

22 that candidates are beholden to special interests,

23 and leave candidates open to charges of undue influ24 ence;
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1 (2) contributions by political action committees

2 to individual candidates have undermined public con3 fidence in the Senate as an institution; and

4 (3) to restore public trust in the Senate as an

5 institution, responsive to individuals residing within

6 the respective States, it is necessary to encourage

7 candidates to raise most of their campaign funds

8 from individuals residing within those States.

9 (c) NECESSITY FOR ATTRIBUTING COOPERATIVE EX10 PENDITURES TO CANDIDATES.—The Senate finds and de11 clares that—

12 (1) public confidence and trust in the system of

13 campaign finance would be undermined should any

14 candidate be able to circumvent a system of caps on

15 expenditures through cooperative expenditures with

16 outside individuals, groups, or organizations;

17 (2) cooperative expenditures by candidates with

18 outside individuals, groups, or organizations would

19 severely undermine the effectiveness of caps on cam20 paign expenditures, unless they are included within

21 such caps; and

22 (3) to maintain the integrity of the system of

23 campaign finance, expenditures by any individual,

24 group, or organization that have been made in co25 operation with any candidate, authorized committee,
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1 or agent of any candidate must be attributed to that

2 candidate’s cap on campaign expenditures.

3 TITLE I—CONTROL OF CON4 GRESSIONAL CAMPAIGN

5 SPENDING

6 Subtitle A—Senate Election Cam7 paign Spending Limits and Ben8 efits

9 SEC. 101. SENATE SPENDING LIMITS AND BENEFITS.

10 (a) AMENDMENT OF FECA.—

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

12 at the end the following new title:

13 ‘‘TITLE V—SPENDING LIMITS

14 AND BENEFITS FOR SENATE

15 ELECTION CAMPAIGNS

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

17 ‘‘(a) IN GENERAL.—For purposes of this title, a can18 didate is an eligible Senate candidate if the candidate—

19 ‘‘(1) meets the primary and general election fil20 ing requirements of subsections (b) and (c);

21 ‘‘(2) meets the primary and runoff election ex22 penditure limits of subsection (d); and

23 ‘‘(3) meets the threshold contribution require24 ments of subsection (e).
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1 ‘‘(b) PRIMARY FILING REQUIREMENTS.—(1) The re2 quirements of this subsection are met if the candidate files

3 with the Secretary of the Senate a declaration that—

4 ‘‘(A) the candidate and the candidate’s author5 ized committees—

6 ‘‘(i)(I) will meet the primary and runoff

7 election expenditure limits of subsection (d);

8 and

9 ‘‘(II) will only accept contributions for the

10 primary and runoff elections which do not ex11 ceed such limits;

12 ‘‘(ii)(I) will meet the primary and runoff

13 election multicandidate political committee con14 tribution limits of subsection (f); and

15 ‘‘(II) will only accept contributions for the

16 primary and runoff elections from

17 multicandidate political committees which do

18 not exceed such limits; and

19 ‘‘(iii) will limit acceptance of contributions

20 during an election cycle from individuals resid21 ing outside the candidate’s State and

22 multicandidate political committees, combined,

23 to less than 50 percent of the aggregate amount

24 of contributions accepted from all contributors;
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1 ‘‘(B) the candidate and the candidate’s author2 ized committees will meet the general election ex3 penditure limit under section 502(b); and

4 ‘‘(C) the candidate and the candidate’s author5 ized committees will meet the limitation on expendi6 tures from personal funds under section 502(a).

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

8 filed not later than the date the candidate files as a can9 didate for the primary election.

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

11 (1) The requirements of this subsection are met if the can12 didate files a certification with the Secretary of the Senate

13 under penalty of perjury that—

14 ‘‘(A) the candidate and the candidate’s author15 ized committees—

16 ‘‘(i)(I) met the primary and runoff election

17 expenditure limits under subsection (d); and

18 ‘‘(II) did not accept contributions for the

19 primary or runoff election in excess of the pri20 mary or runoff expenditure limit under sub21 section (d), whichever is applicable, reduced by

22 any amounts transferred to this election cycle

23 from a preceding election cycle; and
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1 ‘‘(ii)(I) met the multicandidate political

2 committee contribution limits under subsection

3 (f);

4 ‘‘(II) did not accept contributions for the

5 primary or runoff election in excess of the

6 multicandidate political committee contribution

7 limits under subsection (f); and

8 ‘‘(iii) will limit acceptance of contributions

9 during an election cycle from individuals resid10 ing outside the candidate’s State and

11 multicandidate political committees, combined,

12 to less than 50 percent of the aggregate amount

13 of contributions accepted from all contributors;

14 ‘‘(B) the candidate met the threshold contribu15 tion requirement under subsection (e), and that only

16 allowable contributions were taken into account in

17 meeting such requirement;

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

19 for the same general election ballot under the law of

20 the State involved;

21 ‘‘(D) such candidate and the authorized com22 mittees of such candidate—

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

24 title, will not make expenditures which exceed
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1 the general election expenditure limit under sec2 tion 502(b);

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

4 violation of section 315;

5 ‘‘(iii) except as otherwise provided by this

6 title, will not accept any contribution for the

7 general election involved to the extent that such

8 contribution would cause the aggregate amount

9 of such contributions to exceed the sum of the

10 amount of the general election expenditure limit

11 under section 502(b) and the amount described

12 in section 502(c), reduced by any amounts

13 transferred to the current election cycle from a

14 previous election cycle and not taken into ac15 count under subparagraph (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) MULTICANDIDATE POLITICAL COMMITTEE CON20 TRIBUTION LIMITS.—The requirements of this subsection

21 are met if the candidate and the candidate’s authorized

22 committees have accepted from multicandidate political

23 committees contributions that do not exceed—

24 ‘‘(1) during any period in which the limitation

25 under section 323 is in effect, zero dollars; and
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1 ‘‘(2) during any other period—

2 ‘‘(A) during the primary election period, an

3 amount equal to 20 percent of the primary elec4 tion spending limit under subsection (d)(1)(A);

5 and

6 ‘‘(B) during the runoff election period, an

7 amount equal to 20 percent of the runoff elec8 tion spending limit under subsection (d)(1)(B).

9 ‘‘(g) INDEXING.—The $2,750,000 amount under sub10 section (d)(1) shall be increased as of the beginning of

11 each calendar year beginning with calendar year 1998,

12 based on the increase in the price index determined under

13 section 315(c), except that, for purposes of subsection

14 (d)(1), the base period shall be calendar year 1992.

15 ‘‘SEC. 502. LIMITATIONS ON EXPENDITURES.

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

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

18 made during an election cycle by an eligible Senate can19 didate or such candidate’s authorized committees from the

20 sources described in paragraph (2) shall not exceed

21 $25,000.

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

23 ‘‘(A) personal funds of the candidate and mem24 bers of the candidate’s immediate family; or
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1 ‘‘(B) personal debt incurred by the candidate

2 and members of the candidate’s immediate family.

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

4 (1) Except as otherwise provided in this title, the aggre5 gate amount of expenditures for a general election by an

6 eligible Senate candidate and the candidate’s authorized

7 committees shall not exceed the lesser of—

8 ‘‘(A) $5,500,000; or

9 ‘‘(B) the greater of—

10 ‘‘(i) $950,000; or

11 ‘‘(ii) $400,000; plus

12 ‘‘(I) 30 cents multiplied by the voting

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

14 and

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

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

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

18 a State which has no more than 1 transmitter for a com19 mercial Very High Frequency (VHF) television station li20 censed to operate in that State, paragraph (1)(B)(ii) shall

21 be applied by substituting—

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

23 and

24 ‘‘(B) ‘70 cents’ for ‘25 cents’ in subclause (II).
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1 ‘‘(3) The amount otherwise determined under para2 graph (1) for any calendar year shall be increased by the

3 same percentage as the percentage increase for such cal4 endar year under section 501(f) (relating to indexing).

5 ‘‘(c) PAYMENT OF TAXES.—The limitation under

6 subsection (b) shall not apply to any expenditure for Fed7 eral, State, or local taxes with respect to a candidate’s au8 thorized committees.

9 ‘‘(d) EXPENDITURES.—For purposes of this title, the

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

11 section 301(9), except that in determining any expendi12 tures made by, or on behalf of, a candidate or a can13 didate’s authorized committees, section 301(9)(B) shall be

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

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

16 RECEIVE.

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

18 shall be entitled to—

19 ‘‘(1) the broadcast media rates provided under

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

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

22 3626(e) of title 39, United States Code; and

23 ‘‘(3) payments in the amounts determined

24 under subsection (b).
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1 ‘‘(b) AMOUNT OF PAYMENTS.—(1) For purposes of

2 subsection (a)(3), the amounts determined under this sub3 section are—

4 ‘‘(A) the public financing amount;

5 ‘‘(B) the independent expenditure amount; and

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

7 who has an opponent in the general election who re8 ceives contributions, or makes (or obligates to make)

9 expenditures, for such election in excess of the gen10 eral election expenditure limit under section 502(b),

11 the excess expenditure amount.

12 ‘‘(2) For purposes of paragraph (1), the public fi13 nancing amount is—

14 ‘‘(A) in the case of an eligible candidate who is

15 a major party candidate and who has met the

16 threshold requirement of section 501(e)—

17 ‘‘(i) during the primary election period, an

18 amount equal to 100 percent of the amount of

19 contributions received during that period from

20 individuals residing in the candidate’s State in

21 the aggregate amount of $100 or less plus an

22 amount equal to 50 percent of the amount of

23 contributions received during that period from

24 individuals residing in the candidate’s State in

25 the aggregate amount of more than $100 but
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1 less than $251, up to 50 percent of the primary

2 election spending limit under section

3 501(d)(1)(A), reduced by the threshold require4 ment under section 501(e);

5 (ii) during the runoff election period, an

6 amount equal to 100 percent of the amount of

7 contributions received during that period from

8 individuals residing in the candidate’s State in

9 the aggregate amount of $100 or less plus an

10 amount equal to 50 percent of the amount of

11 contributions received during that period from

12 individuals residing in the candidate’s State in

13 the aggregate amount of more than $100 but

14 less than $251, up to 10 percent of the general

15 election spending limit under section

16 501(d)(1)(B); and

17 ‘‘(iii) during the general election period, an

18 amount equal to the general election expendi19 ture limit applicable to the candidate under sec20 tion 502(b) (without regard to paragraph (4)

21 thereof); and

22 ‘‘(B) in the case of an eligible candidate who is

23 not a major party candidate and who has met the

24 threshold requirement of section 501(e)—
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1 ‘‘(i) during the primary election period, an

2 amount equal to 100 percent of the amount of

3 contributions received during that period from

4 individuals residing in the candidate’s State in

5 the aggregate amount of $100 or less plus an

6 amount equal to 50 percent of the amount of

7 contributions received during that period from

8 individuals residing in the candidate’s State in

9 the aggregate amount of more than $100 but

10 less than $251, up to 50 percent of the primary

11 election spending limit under section

12 501(d)(1)(A), reduced by the threshold require13 ment under section 501(e);

14 (ii) during the runoff election period, an

15 amount equal to 100 percent of the amount of

16 contributions received during that period from

17 individuals residing in the candidate’s State in

18 the aggregate amount of $100 or less plus an

19 amount equal to 50 percent of the amount of

20 contributions received during that period from

21 individuals residing in the candidate’s State in

22 the aggregate amount of more than $100 but

23 less than $251, up to 10 percent of the general

24 election spending limit under section

25 501(d)(1)(B); and
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1 (iii) during the runoff election period, an

2 amount equal to 100 percent of the amount of

3 contributions received during that period from

4 individuals residing in the candidate’s State in

5 the aggregate amount of $100 or less plus an

6 amount equal to 50 percent of the amount of

7 contributions received during that period from

8 individuals residing in the candidate’s State in

9 the aggregate amount of more than $100 but

10 less than $251, up to 50 percent of the general

11 election spending limit under section 502(b).

12 ‘‘(3) For purposes of paragraph (1), the independent

13 expenditure amount is the total amount of independent

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

15 general election period by 1 or more persons in opposition

16 to, or on behalf of an opponent of, an eligible Senate can17 didate which are required to be reported by such persons

18 under section 304(c) with respect to the general election

19 period and are certified by the Commission under section

20 304(c).

21 ‘‘(4) For purposes of paragraph (1), the excess ex22 penditure amount is the amount determined as follows:

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

24 amount equal to the sum of—
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1 ‘‘(i) if the excess described in paragraph

(1)(C) is not greater than 1331 2 ⁄3 percent of the

3 general election expenditure limit under section

4 502(b), an amount equal to one-third of such

5 limit applicable to the eligible Senate candidate

6 for the election; plus

‘‘(ii) if such excess equals or exceeds 1331 7 ⁄3

percent but is less than 1662 8 ⁄3 percent of such

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

10 limit; plus

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

1662 12 ⁄3 percent of such limit, an amount equal

13 to one-third of such limit.

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

15 who is not a major party candidate, an amount

16 equal to the least of the following:

17 ‘‘(i) The allowable contributions of the eli18 gible Senate candidate during the applicable pe19 riod in excess of the threshold contribution re20 quirement under section 501(e).

21 ‘‘(ii) 50 percent of the general election ex22 penditure limit applicable to the eligible Senate

23 candidate under section 502(b).

24 ‘‘(iii) The excess described in paragraph

25 (1).
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1 ‘‘(c) WAIVER OF EXPENDITURE AND CONTRIBUTION

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

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

4 the independent expenditure or excess expenditure

5 amounts described in paragraphs (3) and (4) of subsection

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

7 expenditures for the general election without regard to the

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

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

10 benefits under this section may make expenditures for the

11 general election without regard to clause (i) of section

12 501(c)(1)(D) or subsection (a) or (b) of section 502 if any

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

14 not an eligible Senate candidate either raises aggregate

15 contributions, or makes or becomes obligated to make ag16 gregate expenditures, for the general election that exceed

17 200 percent of the general election expenditure limit appli18 cable to the eligible Senate candidate under section

19 502(b).

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

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

22 percent of the general election expenditure limit under sec23 tion 502(b).
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1 ‘‘(3)(A) A candidate who receives benefits under this

2 section may receive contributions for the general election

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

4 ‘‘(i) a major party candidate in the same gen5 eral election is not an eligible Senate candidate; or

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

7 election who is not an eligible Senate candidate

8 raises aggregate contributions, or makes or becomes

9 obligated to make aggregate expenditures, for the

10 general election that exceed 75 percent of the gen11 eral election expenditure limit applicable to such

12 other candidate under section 502(b).

13 ‘‘(B) The amount of contributions which may be re14 ceived by reason of subparagraph (A) shall not exceed 100

15 percent of the general election expenditure limit under sec16 tion 502(b).

17 ‘‘(d) USE OF PAYMENTS.—Payments received by a

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

19 expenditures incurred with respect to the general election

20 period for the candidate. Such payments shall not be

21 used—

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

23 make any payments, directly or indirectly, to such

24 candidate or to any member of the immediate family

25 of such candidate;
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1 ‘‘(2) to make any expenditure other than ex2 penditures to further the general election of such

3 candidate;

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

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

6 State in which the expenditure is made; or

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

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

9 the proceeds of such loan were used to further the

10 general election of such candidate.

11 ‘‘SEC. 504. CERTIFICATION BY COMMISSION.

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

13 to any candidate meeting the requirements of section 501

14 that such candidate is an eligible Senate candidate entitled

15 to benefits under this title. The Commission shall revoke

16 such certification if it determines a candidate fails to con17 tinue to meet such requirements.

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

19 candidate files a request with the Secretary of the Senate

20 to receive benefits under section 501, the Commission

21 shall issue a certification stating whether such candidate

22 is eligible for payments under this title and the amount

23 of such payments to which such candidate is entitled. The

24 request referred to in the preceding sentence shall con25 tain—
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1 ‘‘(A) such information and be made in accord2 ance with such procedures as the Commission may

3 provide by regulation; and

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

5 the treasurer of the principal campaign committee of

6 such candidate stating that the information fur7 nished in support of the request, to the best of their

8 knowledge, is correct and fully satisfies the require9 ments of this title.

10 ‘‘(b) DETERMINATIONS BY COMMISSION.—All deter11 minations (including certifications under subsection (a))

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

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

14 examination and audit by the Commission under section

15 505 and judicial review under section 506.

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

17 PENALTIES.

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

19 general election, the Commission shall conduct an exam20 ination and audit of the campaign accounts of 10 percent

21 of all candidates for the office of United States Senator

22 to determine, among other things, whether such can23 didates have complied with the expenditure limits and con24 ditions of eligibility of this title, and other requirements

25 of this Act. Such candidates shall be designated by the
27

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1 Commission through the use of an appropriate statistical

2 method of random selection. If the Commission selects a

3 candidate, the Commission shall examine and audit the

4 campaign accounts of all other candidates in the general

5 election for the office the selected candidate is seeking.

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

7 and audit of the campaign accounts of any candidate in

8 a general election for the office of United States Senator

9 if the Commission determines that there exists reason to

10 believe that such candidate may have violated any provi11 sion of this title.

12 ‘‘(b) EXCESS PAYMENTS; REVOCATION OF STA13 TUS.—(1) If the Commission determines that payments

14 were made to an eligible Senate candidate under this title

15 in excess of the aggregate amounts to which such can16 didate was entitled, the Commission shall so notify such

17 candidate, and such candidate shall pay an amount equal

18 to the excess.

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

20 a candidate as an eligible Senate candidate under section

21 504(a)(1), the Commission shall notify the candidate, and

22 the candidate shall pay an amount equal to the payments

23 received under this title.

24 ‘‘(c) MISUSE OF BENEFITS.—If the Commission de25 termines that any amount of any benefit made available
28

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1 to an eligible Senate candidate under this title was not

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

3 so notify such candidate and such candidate shall pay the

4 amount of such benefit.

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

6 determines that any eligible Senate candidate who has re7 ceived benefits under this title has made expenditures

8 which in the aggregate exceed—

9 ‘‘(1) the primary or runoff expenditure limit

10 under section 501(d); or

11 ‘‘(2) the general election expenditure limit

12 under section 502(b),

13 the Commission shall so notify such candidate and such

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

15 excess expenditures.

16 ‘‘(e) CIVIL PENALTIES FOR EXCESS EXPENDITURES

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

18 that a candidate has committed a violation described in

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

20 against such candidate in an amount not greater than 200

21 percent of the amount involved.

22 ‘‘(2)(A) LOW AMOUNT OF EXCESS EXPENDI23 TURES.—Any eligible Senate candidate who makes ex24 penditures that exceed any limitation described in para25 graph (1) or (2) of subsection (d) by 2.5 percent or less
29

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1 shall pay an amount equal to the amount of the excess

2 expenditures.

3 ‘‘(B) MEDIUM AMOUNT OF EXCESS EXPENDI4 TURES.—Any eligible Senate candidate who makes ex5 penditures that exceed any limitation described in para6 graph (1) or (2) of subsection (d) by more than 2.5 per7 cent and less than 5 percent shall pay an amount equal

8 to three times the amount of the excess expenditures.

9 ‘‘(C) LARGE AMOUNT OF EXCESS EXPENDITURES.—

10 Any eligible Senate candidate who makes expenditures

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

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

13 amount equal to three times the amount of the excess ex14 penditures plus a civil penalty in an amount determined

15 by the Commission.

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

17 an eligible Senate candidate under this title may be re18 tained for a period not exceeding 120 days after the date

19 of the general election for the liquidation of all obligations

20 to pay expenditures for the general election incurred dur21 ing the general election period. At the end of such 120-

22 day period, any unexpended funds received under this title

23 shall be promptly repaid.

24 ‘‘(g) LIMIT ON PERIOD FOR NOTIFICATION.—No no25 tification shall be made by the Commission under this sec-
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1 tion with respect to an election more than three years after

2 the date of such election.

3 ‘‘(h) DEPOSITS.—The Secretary shall deposit all pay4 ments received under this section into the Senate Election

5 Campaign Fund.

6 ‘‘SEC. 506. JUDICIAL REVIEW.

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

8 Commission made under the provisions of this title shall

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

10 for the District of Columbia Circuit upon petition filed in

11 such court within thirty days after the agency action by

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

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

14 filed under this title, to advance on the docket and expedi15 tiously take action on all petitions filed pursuant to this

16 title.

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

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

19 judicial review of any agency action by the Commission.

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

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

22 by section 551(13) of title 5, United States Code.
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1 ‘‘SEC. 507. PARTICIPATION BY COMMISSION IN JUDICIAL

2 PROCEEDINGS.

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

4 to appear in and defend against any action instituted

5 under this section and under section 506 either by attor6 neys employed in its office or by counsel whom it may ap7 point without regard to the provisions of title 5, United

8 States Code, governing appointments in the competitive

9 service, and whose compensation it may fix without regard

10 to the provisions of chapter 51 and subchapter III of chap11 ter 53 of such title.

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

13 authorized, through attorneys and counsel described in

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

15 of the United States to seek recovery of any amounts de16 termined under this title to be payable to the Secretary.

17 ‘‘(c) INJUNCTIVE RELIEF.—The Commission is au18 thorized, through attorneys and counsel described in sub19 section (a), to petition the courts of the United States for

20 such injunctive relief as is appropriate in order to imple21 ment any provision of this title.

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

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

24 the Supreme Court for certiorari to review, judgments or

25 decrees entered with respect to actions in which it appears

26 pursuant to the authority provided in this section.
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1 ‘‘SEC. 508. REPORTS TO CONGRESS; REGULATIONS.

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

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

4 Senate setting forth—

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

6 the Commission determines appropriate) made by

7 each eligible Senate candidate and the authorized

8 committees of such candidate;

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

10 under section 504 as benefits available to each eligi11 ble Senate candidate;

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

13 under section 505 and the reasons for each repay14 ment required; and

15 ‘‘(4) the balance in the Senate Election Cam16 paign Fund, and the balance in any account main17 tained by the Fund.

18 Each report submitted pursuant to this section shall be

19 printed as a Senate document.

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

21 is authorized to prescribe such rules and regulations, in

22 accordance with the provisions of subsection (c), to con23 duct such examinations and investigations, and to require

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

25 information, as it deems necessary to carry out the func26 tions and duties imposed on it by this title.
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1 ‘‘(c) STATEMENT TO SENATE.—Thirty days before

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

3 the Commission shall transmit to the Senate a statement

4 setting forth the proposed rule or regulation and contain5 ing a detailed explanation and justification of such rule

6 or regulation.

7 ‘‘SEC. 509. PAYMENTS RELATING TO ELIGIBLE CAN8 DIDATES.

9 ‘‘(a) ESTABLISHMENT OF CAMPAIGN FUND.—(1)

10 There is established on the books of the Treasury of the

11 United States a special fund to be known as the ‘Senate

12 Election Campaign Fund’.

13 ‘‘(2)(A) There are appropriated to the Fund for each

14 fiscal year, out of amounts in the general fund of the

15 Treasury not otherwise appropriated, amounts equal to—

16 ‘‘(i) any contributions by persons which are spe17 cifically designated as being made to the Fund;

18 ‘‘(ii) amounts collected under section 505(h);

19 and

20 ‘‘(iii) any other amounts that may be appro21 priated to or deposited into the Fund under this

22 title.

23 ‘‘(B) The Secretary of the Treasury shall, from time

24 to time, transfer to the Fund an amount not in excess

25 of the amounts described in subparagraph (A).
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1 ‘‘(C) Amounts in the Fund shall remain available

2 without fiscal year limitation.

3 ‘‘(3) Amounts in the Fund shall be available only for

4 the purposes of—

5 ‘‘(A) making payments required under this title;

6 and

7 ‘‘(B) making expenditures in connection with

8 the administration of the Fund.

9 ‘‘(4) The Secretary shall maintain such accounts in

10 the Fund as may be required by this title or which the

11 Secretary determines to be necessary to carry out the pro12 visions of this title.

13 ‘‘(b) PAYMENTS UPON CERTIFICATION.—Upon re14 ceipt of a certification from the Commission under section

15 504, except as provided in subsection (d), the Secretary

16 shall promptly pay the amount certified by the Commis17 sion to the candidate out of the Senate Election Campaign

18 Fund.

19 ‘‘(c) REDUCTIONS IN PAYMENTS IF FUNDS INSUFFI20 CIENT.—(1) If, at the time of a certification by the Com21 mission under section 504 for payment to an eligible can22 didate, the Secretary determines that the monies in the

23 Senate Election Campaign Fund are not, or may not be,

24 sufficient to satisfy the full entitlement of all eligible can25 didates, the Secretary shall withhold from the amount of
35

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1 such payment such amount as the Secretary determines

2 to be necessary to assure that each eligible candidate will

3 receive the same pro rata share of such candidate’s full

4 entitlement.

5 ‘‘(2) Amounts withheld under subparagraph (A) shall

6 be paid when the Secretary determines that there are suf7 ficient monies in the Fund to pay all, or a portion thereof,

8 to all eligible candidates from whom amounts have been

9 withheld, except that if only a portion is to be paid, it

10 shall be paid in such manner that each eligible candidate

11 receives an equal pro rata share of such portion.

12 ‘‘(3)(A) Not later than December 31 of any calendar

13 year preceding a calendar year in which there is a regu14 larly scheduled general election, the Secretary, after con15 sultation with the Commission, shall make an estimate

16 of—

17 ‘‘(i) the amount of monies in the fund which

18 will be available to make payments required by this

19 title in the succeeding calendar year; and

20 ‘‘(ii) the amount of payments which will be re21 quired under this title in such calendar year.

22 ‘‘(B) If the Secretary determines that there will be

23 insufficient monies in the fund to make the payments re24 quired by this title for any calendar year, the Secretary

25 shall notify each candidate on January 1 of such calendar
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1 year (or, if later, the date on which an individual becomes

2 a candidate) of the amount which the Secretary estimates

3 will be the pro rata reduction in each eligible candidate’s

4 payments under this subsection. Such notice shall be by

5 registered mail.

6 ‘‘(C) The amount of the eligible candidate’s contribu7 tion limit under section 501(c)(1)(D)(iii) shall be in8 creased by the amount of the estimated pro rata reduction.

9 ‘‘(4) The Secretary shall notify the Commission and

10 each eligible candidate by registered mail of any actual

11 reduction in the amount of any payment by reason of this

12 subsection. If the amount of the reduction exceeds the

13 amount estimated under paragraph (3), the candidate’s

14 contribution limit under section 501(c)(1)(D)(iii) shall be

15 increased by the amount of such excess.’’.

16 (2) EFFECTIVE DATES.—(A) Except as pro17 vided in this paragraph, the amendment made by

18 paragraph (1) shall apply to elections occurring after

19 December 31, 1995.

20 (B) For purposes of any expenditure or con21 tribution limit imposed by the amendment made by

22 paragraph (1)—

23 (i) no expenditure made before January 1,

24 1996, shall be taken into account, except that

25 there shall be taken into account any such ex-
37

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1 penditure for goods or services to be provided

2 after such date; and

3 (ii) all cash, cash items, and Government

4 securities on hand as of January 1, 1996, shall

5 be taken into account in determining whether

6 the contribution limit is met, except that there

7 shall not be taken into account amounts used

8 during the 60-day period beginning on January

9 1, 1996, to pay for expenditures which were in10 curred (but unpaid) before such date.

11 (3) EFFECT OF INVALIDITY ON OTHER PROVI12 SIONS OF ACT.—If section 501, 502, or 503 of title

13 V of FECA (as added by this section), or any part

14 thereof, is held to be invalid, all provisions of, and

15 amendments made by, this Act shall be treated as

16 invalid.

17 (b) PROVISIONS TO FACILITATE VOLUNTARY CON18 TRIBUTIONS TO SENATE ELECTION CAMPAIGN FUND.—

19 (1) GENERAL RULE.—Part VIII of subchapter

20 A of chapter 61 of the Internal Revenue Code of

21 1986 (relating to returns and records) is amended

22 by adding at the end the following:

23 ‘‘Subpart B—Designation of Additional Amounts to

24 Senate Election Campaign Fund

‘‘Sec. 6097. Designation of additional amounts.
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1 ‘‘SEC. 6097. DESIGNATION OF ADDITIONAL AMOUNTS.

2 ‘‘(a) GENERAL RULE.—Every individual (other than

3 a nonresident alien) who files an income tax return for

4 any taxable year may designate an additional amount

5 equal to $5 ($10 in the case of a joint return) to be paid

6 over to the Senate Election Campaign Fund.

7 ‘‘(b) MANNER AND TIME OF DESIGNATION.—A des8 ignation under subsection (a) may be made for any taxable

9 year only at the time of filing the income tax return for

10 the taxable year. Such designation shall be made on the

11 page bearing the taxpayer’s signature.

12 ‘‘(c) TREATMENT OF ADDITIONAL AMOUNTS.—Any

13 additional amount designated under subsection (a) for any

14 taxable year shall, for all purposes of law, be treated as

15 an additional income tax imposed by chapter 1 for such

16 taxable year.

17 ‘‘(d) INCOME TAX RETURN.—For purposes of this

18 section, the term ‘income tax return’ means the return of

19 the tax imposed by chapter 1.’’.

20 (2) CONFORMING AMENDMENTS.—(A) Part

21 VIII of subchapter A of chapter 61 of such Code is

22 amended by striking the heading and inserting:

23 ‘‘PART VIII—DESIGNATION OF AMOUNTS TO

24 ELECTION CAMPAIGN FUNDS

‘‘Subpart A. Presidential Election Campaign Fund.

‘‘Subpart B. Designation of additional amounts to Senate Election Campaign Fund.
39

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1 ‘‘Subpart A—Presidential Election Campaign Fund’’.

2 (B) The table of parts for subchapter A of

3 chapter 61 of such Code is amended by striking the

4 item relating to part VIII and inserting:

‘‘Part VIII. Designation of amounts to election campaign funds.’’

5 (3) EFFECTIVE DATE.—The amendments made

6 by this section shall apply to taxable years beginning

7 after December 31, 1995.

8 SEC. 102. BAN ON ACTIVITIES OF POLITICAL ACTION COM9 MITTEES IN FEDERAL ELECTIONS.

10 (a) IN GENERAL.—Title III of FECA (2 U.S.C. 431

11 et seq.), is amended by adding at the end thereof the fol12 lowing new section:

13 ‘‘BAN ON FEDERAL ELECTION ACTIVITIES BY POLITICAL

14 ACTION COMMITTEES

15 ‘‘SEC. 323. (a) Notwithstanding any other provision

16 of this Act, no person other than an individual or a politi17 cal committee may make contributions, solicit or receive

18 contributions, or make expenditures for the purpose of in19 fluencing an election for Federal office.

20 ‘‘(b) In the case of individuals who are executive or

21 administrative personnel of an employer—

22 ‘‘(1) no contributions may be made by such in23 dividuals—

24 ‘‘(A) to any political committees estab25 lished and maintained by any political party; or
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1 ‘‘(B) to any candidate for nomination for

2 election, or election, to Federal office or the

3 candidate’s authorized committees,

4 unless such contributions are not being made at the

5 direction of, or otherwise controlled or influenced by,

6 the employer; and

7 ‘‘(2) the aggregate amount of such contribu8 tions by all such individuals in any calendar year

9 shall not exceed—

10 ‘‘(A) $20,000 in the case of such political

11 committees; and

12 ‘‘(B) $5,000 in the case of any such can13 didate and the candidate’s authorized commit14 tees.’’.

15 (b) DEFINITION OF POLITICAL COMMITTEE.—(1)

16 Paragraph (4) of section 301 of FECA (2 U.S.C. 431(4))

17 is amended to read as follows:

18 ‘‘(4) The term ‘political committee’ means—

19 ‘‘(A) the principal campaign committee of

20 a candidate;

21 ‘‘(B) any national, State, or district com22 mittee of a political party, including any subor23 dinate committee thereof; and

24 ‘‘(C) any local committee of a political

25 party which—
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1 ‘‘(i) receives contributions aggregating

2 in excess of $5,000 during a calendar year;

3 ‘‘(ii) makes payments exempted from

4 the definition of contribution or expendi5 ture under paragraph (8) or (9) aggregat6 ing in excess of $5,000 during a calendar

7 year;

8 ‘‘(iii) makes contributions or expendi9 tures aggregating in excess of $1,000 dur10 ing a calendar year; or

11 ‘‘(D) any committee described in section

12 315(a)(8)(D)(i)(III).’’.

13 (2) Section 316(b)(2) of FECA (2 U.S.C.

14 441b(b)(2)) is amended by striking subparagraph (C).

15 (c) CANDIDATE’S COMMITTEES.—(1) Section 315(a)

16 of FECA (2 U.S.C. 441a(a)) is amended by adding at the

17 end thereof the following new paragraph:

18 ‘‘(9) For the purposes of the limitations provided by

19 paragraphs (1) and (2), any political committee which is

20 established or financed or maintained or controlled by any

21 candidate or Federal officeholder shall be deemed to be

22 an authorized committee of such candidate or officeholder.

23 Nothing in this paragraph shall be construed to permit

24 the establishment, financing, maintenance, or control of
42

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1 any committee which is prohibited by paragraph (3) or

2 (6) of section 302(e).’’.

3 (2) Section 302(e)(3) of FECA (2 U.S.C. 432) is

4 amended to read as follows:

5 ‘‘(3) No political committee that supports or has sup6 ported more than one candidate may be designated as an

7 authorized committee, except that—

8 ‘‘(A) a candidate for the office of President

9 nominated by a political party may designate the na10 tional committee of such political party as the can11 didate’s principal campaign committee, but only if

12 that national committee maintains separate books of

13 account with respect to its functions as a principal

14 campaign committee; and

15 ‘‘(B) a candidate may designate a political com16 mittee established solely for the purpose of joint

17 fundraising by such candidates as an authorized

18 committee.’’.

19 (d) RULES APPLICABLE WHEN BAN NOT IN EF20 FECT.—For purposes of the Federal Election Campaign

21 Act of 1971, during any period beginning after the effec22 tive date in which the limitation under section 323 of such

23 Act (as added by subsection (a)) is not in effect—

24 (1) the amendments made by subsections (a),

25 (b), and (c) shall not be in effect;
43

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1 (2) in the case of a candidate for election, or

2 nomination for election, to Federal office (and such

3 candidate’s authorized committees), section

4 315(a)(2)(A) of FECA (2 U.S.C. 441a(a)(2)(A))

5 shall be applied by substituting ‘‘$1,000’’ for

6 ‘‘$5,000’’;

7 (3) it shall be unlawful for a multicandidate po8 litical committee to make a contribution to a can9 didate for election, or nomination for election, to

10 Federal office (or an authorized committee) to the

11 extent that the making or accepting of the contribu12 tion will cause the amount of contributions received

13 by the candidate and the candidate’s authorized

14 committees from multicandidate political committees

15 to exceed the lesser of—

16 (A) $825,000; or

17 (B) 20 percent of the aggregate Federal

18 election spending limits applicable to the can19 didate for the election cycle.

20 The $825,000 amount in paragraph (3) shall be in21 creased as of the beginning of each calendar year

22 based on the increase in the price index determined

23 under section 315(c) of FECA, except that for pur24 poses of paragraph (3), the base period shall be the

25 calendar year 1996. A candidate or authorized com-
44

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1 mittee that receives a contribution from a

2 multicandidate political committee in excess of the

3 amount allowed under paragraph (3) shall return

4 the amount of such excess contribution to the con5 tributor.

6 (e) RULE ENSURING PROHIBITION ON DIRECT COR7 PORATE AND LABOR SPENDING.—If section 316(a) of the

8 Federal Election Campaign Act of 1971 is held to be in9 valid by reason of the amendments made by this section,

10 then the amendments made by subsections (a), (b), and

11 (c) of this section shall not apply to contributions by any

12 political committee that is directly or indirectly estab13 lished, administered, or supported by a connected organi14 zation which is a bank, corporation, or other organization

15 described in such section 316(a).

16 (f) RESTRICTIONS ON CONTRIBUTIONS TO POLITICAL

17 COMMITTEES.—Paragraphs (1)(C) and (2)(C) of section

18 315(a) of FECA (2 U.S.C. 441a(a) (1)(D) and (2)(D))

19 are each amended by striking ‘‘$5,000’’ and inserting

20 ‘‘$1,000’’.

21 (g) EFFECTIVE DATES.—(1) Except as provided in

22 paragraph (2), the amendments made by this section shall

23 apply to elections (and the election cycles relating thereto)

24 occurring after December 31, 1996.
45

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1 (2) In applying the amendments made by this section,

2 there shall not be taken into account—

3 (A) contributions made or received before Janu4 ary 1, 1996; or

5 (B) contributions made to, or received by, a

6 candidate on or after January 1, 1996, to the extent

7 such contributions are not greater than the excess

8 (if any) of—

9 (i) such contributions received by any op10 ponent of the candidate before January 1,

11 1996, over

12 (ii) such contributions received by the can13 didate before January 1, 1996.

14 SEC. 103. REPORTING REQUIREMENTS.

15 Title III of FECA is amended by inserting after sec16 tion 304 the following new section:

17 ‘‘REPORTING REQUIREMENTS FOR SENATE CANDIDATES

18 ‘‘SEC. 304A. (a) CANDIDATE OTHER THAN ELIGI19 BLE SENATE CANDIDATE.—(1) Each candidate for the of20 fice of United States Senator who does not file a certifi21 cation with the Secretary of the Senate under section

22 501(c) shall file with the Secretary of the Senate a dec23 laration as to whether such candidate intends to make ex24 penditures for the general election in excess of the general

25 election expenditure limit applicable to an eligible Senate
46

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

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

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

4 qualifies for the ballot for a general election—

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

6 under section 501; and

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

8 or makes or obligates to make aggregate expendi9 tures, for the general election which exceed 75 per10 cent of the general election expenditure limit appli11 cable to an eligible Senate candidate under section

12 502(b),

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

14 24 hours after such contributions have been raised or such

15 expenditures have been made or obligated to be made (or,

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

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

18 total contributions and total expenditures for such election

19 as of such date. Thereafter, such candidate shall file addi20 tional reports (until such contributions or expenditures ex21 ceed 200 percent of such limit) with the Secretary of the

22 Senate within 24 hours after each time additional con23 tributions are raised, or expenditures are made or are obli24 gated to be made, which in the aggregate exceed an

25 amount equal to 10 percent of such limit and after the
47

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total contributions or expenditures exceed 1331⁄3, 1662 1 ⁄3,

2 and 200 percent of such limit.

3 ‘‘(3) The Commission—

4 ‘‘(A) shall, within 24 hours of receipt of a dec5 laration or report under paragraph (1) or (2), notify

6 each eligible Senate candidate in the election in7 volved about such declaration or report; and

8 ‘‘(B) if an opposing candidate has raised aggre9 gate contributions, or made or has obligated to make

10 aggregate expenditures, in excess of the applicable

11 general election expenditure limit under section

12 502(b), shall certify, pursuant to the provisions of

13 subsection (d), such eligibility for payment of any

14 amount to which such eligible Senate candidate is

15 entitled under section 503(a).

16 ‘‘(4) Notwithstanding the reporting requirements

17 under this subsection, the Commission may make its own

18 determination that a candidate in a general election who

19 is not an eligible Senate candidate has raised aggregate

20 contributions, or made or has obligated to make aggregate

21 expenditures, in the amounts which would require a report

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

23 hours after making each such determination, notify each

24 eligible Senate candidate in the general election involved

25 about such determination, and shall, when such contribu-
48

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1 tions or expenditures exceed the general election expendi2 ture limit under section 502(b), certify (pursuant to the

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

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

5 ‘‘(b) REPORTS ON PERSONAL FUNDS.—(1) Any can6 didate for the United States Senate who during the elec7 tion cycle expends more than the limitation under section

8 502(a) during the election cycle from his personal funds,

9 the funds of his immediate family, and personal loans in10 curred by the candidate and the candidate’s immediate

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

12 within 24 hours after such expenditures have been made

13 or loans incurred.

14 ‘‘(2) The Commission within 24 hours after a report

15 has been filed under paragraph (1) shall notify each eligi16 ble Senate candidate in the election involved about each

17 such report.

18 ‘‘(3) Notwithstanding the reporting requirements

19 under this subsection, the Commission may make its own

20 determination that a candidate for the United States Sen21 ate has made expenditures in excess of the amount under

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

23 making such determination shall notify each eligible Sen24 ate candidate in the general election involved about each

25 such determination.
49

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

2 individual—

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

4 United States Senator;

5 ‘‘(B) who, during the election cycle for such of6 fice, held any other Federal, State, or local office or

7 was a candidate for such other office; and

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

9 election cycle before becoming a candidate for the of10 fice of United States Senator which would have been

11 treated as an expenditure if such individual had

12 been such a candidate, including amounts for activi13 ties to promote the image or name recognition of

14 such individual,

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

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

17 Senate the amount and nature of such expenditures.

18 ‘‘(2) Paragraph (1) shall not apply to any expendi19 tures in connection with a Federal, State, or local election

20 which has been held before the individual becomes a can21 didate for the office of United States Senator.

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

23 make a determination as to whether the amounts included

24 in the report under paragraph (1) were made for purposes
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1 of influencing the election of the individual to the office

2 of United States Senator.

3 ‘‘(d) CERTIFICATIONS.—Notwithstanding section

4 505(a), the certification required by this section shall be

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

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

7 of such Commission’s own investigation or determination.

8 ‘‘(e) COPIES OF REPORTS AND PUBLIC INSPEC9 TION.—The Secretary of the Senate shall transmit a copy

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

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

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

13 working hours of the Commission) after receipt of such

14 report or filing, and shall make such report or filing avail15 able for public inspection and copying in the same manner

16 as the Commission under section 311(a)(4), and shall pre17 serve such reports and filings in the same manner as the

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

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

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

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

22 SEC. 104. DISCLOSURE BY NONELIGIBLE CANDIDATES.

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

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

25 the following:
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1 ‘‘(e) If a broadcast, cablecast, or other communica2 tion is paid for or authorized by a candidate in the general

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

4 an eligible Senate candidate, or the authorized committee

5 of such candidate, such communication shall contain the

6 following sentence: ‘This candidate has not agreed to vol7 untary campaign spending limits.’.’’.

8 Subtitle B—General Provisions

9 SEC. 131. BROADCAST RATES AND PREEMPTION.

10 (a) BROADCAST RATES.—Section 315(b) of the Com11 munications Act of 1934 (47 U.S.C. 315(b)) is amended—

12 (1) in paragraph (1)—

13 (A) by striking ‘‘forty-five’’ and inserting

14 ‘‘30’’;

15 (B) by striking ‘‘sixty’’ and inserting ‘‘45’’;

16 and

17 (C) by striking ‘‘lowest unit charge of the

18 station for the same class and amount of time

19 for the same period’’ and inserting ‘‘lowest

20 charge of the station for the same amount of

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

22 and

23 (2) by adding at the end the following new sen24 tence:
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1 ‘‘In the case of an eligible Senate candidate (as defined

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

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

4 (as defined in section 301(21) of such Act) shall not ex5 ceed 50 percent of the lowest charge described in para6 graph (1).’’.

7 (b) PREEMPTION; ACCESS.—Section 315 of the Com8 munications Act of 1934 (47 U.S.C. 315) is amended by

9 redesignating subsections (c) and (d) as subsections (e)

10 and (f), respectively, and by inserting immediately after

11 subsection (b) the following new subsection:

12 ‘‘(c)(1) Except as provided in paragraph (2), a li13 censee shall not preempt the use, during any period speci14 fied in subsection (b)(1), of a broadcasting station by a

15 legally qualified candidate for public office who has pur16 chased and paid for such use pursuant to the provisions

17 of subsection (b)(1).

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

19 station is preempted because of circumstances beyond the

20 control of the broadcasting station, any candidate adver21 tising spot scheduled to be broadcast during that program

22 may also be preempted.

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

24 the United States Senate, a licensee shall provide broad-
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1 cast time without regard to the rates charged for the

2 time.’’.

3 SEC. 132. EXTENSION OF REDUCED THIRD-CLASS MAILING

4 RATES TO ELIGIBLE SENATE CANDIDATES.

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

6 amended—

7 (1) in paragraph (2)(A)—

8 (A) by striking ‘‘and the National’’ and in9 serting ‘‘the National’’; and

10 (B) by striking ‘‘Committee;’’ and insert11 ing ‘‘Committee, and, subject to paragraph (3),

12 the principal campaign committee of an eligible

13 House of Representatives or Senate can14 didate;’’;

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

16 after the semicolon;

17 (3) in paragraph (2)(C), by striking the period

18 and inserting ‘‘; and’’;

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

21 ‘‘(D) The terms ‘eligible Senate candidate’ and

22 ‘principal campaign committee’ have the meanings

23 given those terms in section 301 of the Federal

24 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 Senate candidate shall apply

5 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 Secretary

14 of the Senate and the Secretary of State of the State in15 volved and shall contain the information required by sub16 section (b)(6)(B)(iii) of this section, including whether the

17 independent expenditure is in support of, or in opposition

18 to, the candidate involved. The Secretary of the Senate

19 shall as soon as possible (but not later than 4 working

20 hours of the Commission) after receipt of a statement

21 transmit it to the Commission. Not later than 48 hours

22 after the Commission receives a report, the Commission

23 shall transmit a copy of the report to each candidate seek24 ing nomination or election to that office.
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1 ‘‘(D) For purposes of this section, the term ‘made’

2 includes any action taken to incur an obligation for pay3 ment.

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

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

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

7 than the 20th day before the election.

8 ‘‘(B) Such statement shall be filed with the Secretary

9 of the Senate and the Secretary of State of the State in10 volved, and shall identify each candidate whom the ex11 penditure will support or oppose. The Secretary of the

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

13 working hours of the Commission) after receipt of a state14 ment transmit it to the Commission. Not later than 48

15 hours after the Commission receives a statement under

16 this paragraph, the Commission shall transmit a copy of

17 the statement to each candidate identified.

18 ‘‘(5) The Commission may make its own determina19 tion that a person has made, or has incurred obligations

20 to make, independent expenditures with respect to any

21 Federal election which in the aggregate exceed the applica22 ble amounts under paragraph (3) or (4). The Commission

23 shall notify each candidate in such election of such deter24 mination within 24 hours of making it.
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1 ‘‘(6) At the same time as a candidate is notified

2 under paragraph (3), (4), or (5) with respect to expendi3 tures during a general election period, the Commission

4 shall certify eligibility to receive benefits under section

5 504(a) or section 604(b).

6 ‘‘(7) The Secretary of the Senate shall make any

7 statement received under this subsection available for pub8 lic inspection and copying in the same manner as the Com9 mission under section 311(a)(4), and shall preserve such

10 statements in the same manner as the Commission under

11 section 311(a)(5).’’

12 SEC. 134. CAMPAIGN ADVERTISING AMENDMENTS.

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

14 (1) in the matter before paragraph (1) of sub15 section (a), by striking ‘‘an expenditure’’ and insert16 ing ‘‘a disbursement’’;

17 (2) in the matter before paragraph (1) of sub18 section (a), by striking ‘‘direct’’;

19 (3) in paragraph (3) of subsection (a), by in20 serting after ‘‘name’’ the following ‘‘and permanent

21 street address’’; and

22 (4) by adding at the end the following new sub23 sections:

24 ‘‘(c) Any printed communication described in sub25 section (a) shall be—
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1 ‘‘(1) of sufficient type size to be clearly read2 able by the recipient of the communication;

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

4 the other contents of the communication; and

5 ‘‘(3) consist of a reasonable degree of color con6 trast between the background and the printed state7 ment.

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

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

10 include, in addition to the requirements of those sub11 sections an audio statement by the candidate that identi12 fies the candidate and states that the candidate has ap13 proved the communication.

14 ‘‘(2) If a broadcast or cablecast communication de15 scribed in paragraph (1) is broadcast or cablecast by

16 means of television, the statement required by paragraph

17 (1) shall—

18 ‘‘(A) appear in a clearly readable manner with

19 a reasonable degree of color contrast between the

20 background and the printed statement, for a period

21 of at least 4 seconds; and

22 ‘‘(B) be accompanied by a clearly identifiable

23 photographic or similar image of the candidate.

24 ‘‘(e) Any broadcast or cablecast communication de25 scribed in subsection (a)(3) shall include, in addition to
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1 the requirements of those subsections, in a clearly spoken

2 manner, the following statement—

3 ‘ is responsible for the content of

4 this advertisement.’

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

6 committee or other person paying for the communication

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

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

9 also appear in a clearly readable manner with a reasonable

10 degree of color contrast between the background and the

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

12 SEC. 135. DEFINITIONS.

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

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

15 the following new paragraphs:

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

17 candidate who is eligible under section 502 to receive bene18 fits under title V.

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

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

21 Federal office, but does not include an open primary elec22 tion.

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

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

25 after the date of the primary or runoff election for the
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1 specific office the candidate is seeking, whichever is later,

2 and ending on the earlier of—

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

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

5 from the campaign or otherwise ceases actively to

6 seek election.

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

8 ‘‘(A) a candidate’s spouse;

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

10 brother, half-brother, sister or half-sister of the can11 didate or the candidate’s spouse; and

12 ‘‘(C) the spouse of any person described in sub13 paragraph (B).

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

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

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

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

18 in which all the candidates for the office participated and

19 which resulted in the candidate and at least one other can20 didate qualifying for the ballot in the general election,

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

22 party for purposes of title V.

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

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

25 ballot in a general election for a Federal office.
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1 ‘‘(25) The term ‘primary election period’ means, with

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

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

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

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

6 that office following the last general election for that

7 office; or

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

9 from the election or otherwise ceases actively to seek

10 election.

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

12 held after a primary election which is prescribed by appli13 cable State law as the means for deciding which candidate

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

15 office.

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

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

18 following the date of the last primary election for the spe19 cific office such candidate is seeking and ending on the

20 date of the runoff election for such office.

21 ‘‘(28) The term ‘voting age population’ means the

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

23 pursuant to section 315(e).

24 ‘‘(29) The term ‘election cycle’ means—
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1 ‘‘(A) in the case of a candidate or the author2 ized committees of a candidate, the term beginning

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

4 election for the specific office or seat which such

5 candidate seeks and ending on the date of the next

6 general election for such office or seat; or

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

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

9 election and ending on the date of the next general

10 election.

11 ‘‘(30) The terms ‘Senate Election Campaign Fund’

12 and ‘Fund’ mean the Senate Election Campaign Fund es13 tablished under section 509.

14 ‘‘(31) The term ‘lobbyist’ means—

15 ‘‘(A) a person required to register under section

16 308 of the Federal Regulation of Lobbying Act (2

17 U.S.C. 267) or the Foreign Agents Registration Act

18 of 1938 (22 U.S.C. 611 et seq.); and

19 ‘‘(B) a person who receives compensation in re20 turn for having contact with Congress on any legis21 lative matter.’’.

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

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

24 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 ‘‘delivery—’’

23 and all that follows through the end of subparagraph

24 (B) and inserting ‘‘delivery within that area con25 stituting the congressional district or State from

26 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) is amended

13 by adding at the end the following new subsection:

14 ‘‘(i) LIMITATIONS ON PAYMENTS TO CANDIDATES.—

15 (1) If a candidate or a member of the candidate’s imme16 diate family made any loans to the candidate or to the

17 candidate’s authorized committees during any election

18 cycle, no contributions after the date of the general elec19 tion for such election cycle may be used to repay such

20 loans.

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

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

23 candidate or member other than as part of a pro rata dis24 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. REPORTING REQUIREMENTS.

4 (a) REPORTING REQUIREMENTS.—Section 304 of

5 FECA (2 U.S.C. 434), as amended by section 133(a), is

6 amended by adding at the end thereof the following new

7 subsection:

8 ‘‘(e) POLITICAL COMMITTEES.—(1) The national

9 committee of a political party and any congressional cam10 paign committee of a political party, and any subordinate

11 committee of either, shall report all receipts and disburse12 ments during the reporting period, whether or not in con13 nection with an election for Federal office.

14 ‘‘(2) Any political committee to which paragraph (1)

15 does not apply shall report any receipts or disbursements

16 which are used in connection with a Federal election.

17 ‘‘(3) If a political committee has receipts or disburse18 ments to which this subsection applies from any person

19 aggregating in excess of $200 for any calendar year, the

20 political committee shall separately itemize its reporting

21 for such person in the same manner as under subsection

22 (b) (3)(A), (5), or (6).

23 ‘‘(4) Reports required to be filed by this subsection

24 shall be filed for the same time periods required for politi25 cal committees under subsection (a).’’.
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1 (b) REPORT OF EXEMPT CONTRIBUTIONS.—Section

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

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

4 the following:

5 ‘‘(C) The exclusion provided in clause (viii)

6 of subparagraph (B) shall not apply for pur7 poses of any requirement to report contribu8 tions under this Act, and all such contributions

9 aggregating in excess of $200 shall be

10 reported.’’.

11 (c) REPORTS BY STATE COMMITTEES.—Section 304

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

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

14 subsection:

15 ‘‘(f) FILING OF STATE REPORTS.—In lieu of any re16 port required to be filed by this Act, the Commission may

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

18 the Commission a report required to be filed under State

19 law if the Commission determines such reports contain

20 substantially the same information.’’.

21 (d) OTHER REPORTING REQUIREMENTS.—

22 (1) AUTHORIZED COMMITTEES.—Paragraph (4)

23 of section 304(b) of FECA (2 U.S.C. 434(b)(4)) is

24 amended by striking ‘‘and’’ at the end of subpara25 graph (H), by inserting ‘‘and’’ at the end of sub-
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1 paragraph (I), and by adding at the end the follow2 ing new subparagraph:

3 ‘‘(J) in the case of an authorized commit4 tee, disbursements for the primary election, the

5 general election, and any other election in which

6 the candidate participates;’’.

7 (2) NAMES AND ADDRESSES.—Subparagraph

8 (A) of section 304(b)(5) of FECA (2 U.S.C.

9 434(b)(5)(A)) is amended—

10 (A) by striking ‘‘within the calendar year’’,

11 and

12 (B) by inserting ‘‘, and the election to

13 which the operating expenditure relates’’ after

14 ‘‘operating expenditure’’.

15 TITLE IV—CONTRIBUTIONS

16 SEC. 401. CONTRIBUTIONS THROUGH INTERMEDIARIES

17 AND CONDUITS; PROHIBITION ON CERTAIN

18 CONTRIBUTIONS BY LOBBYISTS.

19 (a) CONTRIBUTIONS THROUGH INTERMEDIARIES

20 AND CONDUITS.—Section 315(a)(8) of FECA (2 U.S.C.

21 441a(a)(8)) is amended to read as follows:

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

23 ‘‘(A) Contributions made by a person, either di24 rectly or indirectly, to or on behalf of a particular

25 candidate, including contributions that are in any
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1 way earmarked or otherwise directed through an

2 intermediary or conduit to a candidate, shall be

3 treated as contributions from the person to the can4 didate.

5 ‘‘(B) Contributions made directly or indirectly

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

7 through an intermediary or conduit, including con8 tributions made or arranged to be made by an

9 intermediary or conduit, shall be treated as contribu10 tions from the intermediary or conduit to the can11 didate if—

12 ‘‘(i) the contributions made through the

13 intermediary or conduit are in the form of a

14 check or other negotiable instrument made pay15 able to the intermediary or conduit rather than

16 the intended recipient; or

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

18 ‘‘(I) a political committee;

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

20 such a political committee;

21 ‘‘(III) a political party;

22 ‘‘(IV) a partnership or sole proprietor23 ship;

24 ‘‘(V) a person who is required to reg25 ister or to report its lobbying activities, or
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1 a lobbyist whose activities are required to

2 be reported, under section 308 of the Fed3 eral Regulation of Lobbying Act (2 U.S.C.

4 267), the Foreign Agents Registration Act

5 of 1938 (22 U.S.C. 611 et seq.), or any

6 successor Federal law requiring a person

7 who is a lobbyist or foreign agent to reg8 ister or a person to report its lobbying ac9 tivities; or

10 ‘‘(VI) an organization prohibited from

11 making contributions under section 316, or

12 an officer, employee, or agent of such an

13 organization acting on the organization’s

14 behalf.

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

16 not include—

17 ‘‘(I) a candidate or representative of a can18 didate receiving contributions to the candidate’s

19 principal campaign committee or authorized

20 committee;

21 ‘‘(II) a professional fundraiser com22 pensated for fundraising services at the usual

23 and customary rate, but only if the individual

24 is not described in subparagraph (B)(ii);
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1 ‘‘(III) a volunteer hosting a fundraising

2 event at the volunteer’s home, in accordance

3 with section 301(8)(B), but only if the individ4 ual is not described in subparagraph (B)(ii); or

5 ‘‘(IV) an individual who transmits a con6 tribution from the individual’s spouse.

7 ‘‘(ii) The term ‘representative’ means an indi8 vidual who is expressly authorized by the candidate

9 to engage in fundraising, and who occupies a signifi10 cant position within the candidate’s campaign orga11 nization, provided that the individual is not de12 scribed in subparagraph (B)(ii).

13 ‘‘(iii) The term ‘contributions made or arranged

14 to be made’ includes—

15 ‘‘(I) contributions delivered to a particular

16 candidate or the candidate’s authorized commit17 tee or agent; and

18 ‘‘(II) contributions directly or indirectly ar19 ranged to be made to a particular candidate or

20 the candidate’s authorized committee or agent,

21 in a manner that identifies directly or indirectly

22 to the candidate or authorized committee or

23 agent the person who arranged the making of

24 the contributions or the person on whose behalf

25 such person was acting.
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1 Such term does not include contributions made, or

2 arranged to be made, by reason of an oral or written

3 communication by a Federal candidate or office4 holder expressly advocating the nomination for elec5 tion, or election, of any other Federal candidate and

6 encouraging the making of a contribution to such

7 other candidate.

8 ‘‘(iv) The term ‘acting on the organization’s be9 half’ includes the following activities by an officer,

10 employee or agent of a person described in subpara11 graph (B)(ii)(VI):

12 ‘‘(I) Soliciting or directly or indirectly ar13 ranging the making of a contribution to a par14 ticular candidate in the name of, or by using

15 the name of, such a person.

16 ‘‘(II) Soliciting or directly or indirectly ar17 ranging the making of a contribution to a par18 ticular candidate using other than incidental re19 sources of such a person.

20 ‘‘(III) Soliciting contributions for a par21 ticular candidate by substantially directing the

22 solicitations to other officers, employees, or

23 agents of such a person.

24 ‘‘(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 When a contribution is made to a candidate through an

20 intermediary or conduit, the intermediary or conduit shall

21 report the original source and the intended recipient of

22 the contribution to the Commission and to the intended

23 recipient.’’.

24 (b) PROHIBITION OF CERTAIN CONTRIBUTIONS BY

25 LOBBYISTS.—Section 315 of FECA (2 U.S.C. 441a), as
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1 amended by section 301, is amended by adding at the end

2 the following new subsection:

3 ‘‘(j)(1) A lobbyist, or a political committee controlled

4 by a lobbyist, shall not make contributions to, or solicit

5 contributions for or on behalf of—

6 ‘‘(A) any member of Congress with whom the

7 lobbyist has, during the preceding 12 months, made

8 a lobbying contact; or

9 ‘‘(B) any authorized committee of the President

10 of the United States if, during the preceding 12

11 months, the lobbyist has made a lobbying contact

12 with a covered executive branch official.

13 ‘‘(2) A lobbyist who, or a lobbyist whose political com14 mittee, has made any contribution to, or solicited contribu15 tions for or on behalf of, any member of Congress or can16 didate for Congress (or any authorized committee of the

17 President) shall not, during the 12 months following such

18 contribution or solicitation, make a lobbying contact with

19 such member or candidate who becomes a member of Con20 gress (or a covered executive branch official).

21 ‘‘(3) If a lobbyist advises or otherwise suggests to a

22 client of the lobbyist (including a client that is the lobby23 ist’s regular employer), or to a political committee that

24 is funded or administered by such a client, that the client
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1 or political committee should make a contribution to or

2 solicit a contribution for or on behalf of—

3 ‘‘(A) a member of Congress or candidate for

4 Congress, the making or soliciting of such a con5 tribution is prohibited if the lobbyist has made a lob6 bying contact with the member of Congress within

7 the preceding 12 months; or

8 ‘‘(B) an authorized committee of the President,

9 the making or soliciting of such a contribution shall

10 be unlawful if the lobbyist has made a lobbying con11 tact with a covered executive branch official within

12 the preceding 12 months.

13 ‘‘(4) For purposes of this subsection—

14 ‘‘(A) the term ‘covered executive branch official’

15 means the President, Vice-President, any officer or

16 employee of the executive office of the President

17 other than a clerical or secretarial employee, any of18 ficer or employee serving in an Executive Level I, II,

19 III, IV, or V position as designated in statute or Ex20 ecutive order, any officer or employee serving in a

21 senior executive service position (as defined in sec22 tion 3232(a)(2) of title 5, United States Code), any

23 member of the uniformed services whose pay grade

24 is at or in excess of 0–7 under section 201 of title

25 37, United States Code, and any officer or employee
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1 serving in a position of confidential or policy-deter2 mining character under schedule C of the excepted

3 service pursuant to regulations implementing section

4 2103 of title 5, United States Code;

5 ‘‘(B) the term ‘lobbyist’ means—

6 ‘‘(i) a person required to register under

7 section 308 of the Federal Regulation of Lobby8 ing Act (2 U.S.C. 267) or the Foreign Agents

9 Registration Act of 1938 (22 U.S.C. 611 et

10 seq.) or any successor Federal law requiring a

11 person who is a lobbyist or foreign agent to reg12 ister or a person to report its lobbying activi13 ties; or

14 ‘‘(C) the term ‘lobbying contact’—

15 ‘‘(i) means an oral or written communica16 tion with or appearance before a member of

17 Congress or covered executive branch official

18 made by a lobbyist representing an interest of

19 another person with regard to—

20 ‘‘(I) the formulation, modification, or

21 adoption of Federal legislation (including a

22 legislative proposal);

23 ‘‘(II) the formulation, modification, or

24 adoption of a Federal rule, regulation, Ex25 ecutive order, or any other program, policy
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1 or position of the United States Govern2 ment; or

3 ‘‘(III) the administration or execution

4 of a Federal program or policy (including

5 the negotiation, award, or administration

6 of a Federal contract, grant, loan, permit,

7 or license); but

8 ‘‘(ii) does not include a communication

9 that is—

10 ‘‘(I) made by a public official acting

11 in an official capacity;

12 ‘‘(II) made by a representative of a

13 media organization who is primarily en14 gaged in gathering and disseminating news

15 and information to the public;

16 ‘‘(III) made in a speech, article, publi17 cation, or other material that is widely dis18 tributed to the public or through the

19 media;

20 ‘‘(IV) a request for an appointment, a

21 request for the status of a Federal action,

22 or another similar ministerial contact, if

23 there is no attempt to influence a member

24 of Congress or covered executive branch of25 ficial at the time of the contact;
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1 ‘‘(V) made in the course of participa2 tion in an advisory committee subject to

3 the Federal Advisory Committee Act (5

4 U.S.C. App.);

5 ‘‘(VI) testimony given before a com6 mittee, subcommittee, or office of Congress

7 a Federal agency, or submitted for inclu8 sion in the public record of a hearing con9 ducted by the committee, subcommittee, or

10 office;

11 ‘‘(VII) information provided in writing

12 in response to a specific written request

13 from a member of Congress or covered ex14 ecutive branch official;

15 ‘‘(VIII) required by subpoena, civil in16 vestigative demand, or otherwise compelled

17 by statute, regulation, or other action of

18 Congress or a Federal agency;

19 ‘‘(IX) made to an agency official with

20 regard to a judicial proceeding, criminal or

21 civil law enforcement inquiry, investigation,

22 or proceeding, or filing required by law;

23 ‘‘(X) made in compliance with written

24 agency procedures regarding an adjudica25 tion conducted by the agency under section
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1 554 of title 5, United States Code, or sub2 stantially similar provisions;

3 ‘‘(XI) a written comment filed in a

4 public docket and other communication

5 that is made on the record in a public pro6 ceeding;

7 ‘‘(XII) a formal petition for agency

8 action, made in writing pursuant to estab9 lished agency procedures; or

10 ‘‘(XIII) made on behalf of a person

11 with regard to the person’s benefits, em12 ployment, other personal matters involving

13 only that person, or disclosures pursuant

14 to a whistleblower statute.’’.

15 ‘‘(5) For purposes of this subsection, a lobbyist shall

16 be considered to make a lobbying contact or communica17 tion with a member of Congress if the lobbyist makes a

18 lobbying contact or communication with—

19 ‘‘(i) the member of Congress;

20 ‘‘(ii) any person employed in the office of

21 the member of Congress; or

22 ‘‘(iii) any person employed by a committee,

23 joint committee, or leadership office who, to the

24 knowledge of the lobbyist, was employed at the

25 request of or is employed at the pleasure of, re-
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1 ports primarily to, represents, or acts as the

2 agent of the member of Congress.’’.

3 SEC. 402. CONTRIBUTIONS BY DEPENDENTS NOT OF VOT4 ING AGE.

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

6 by section 401(b), is amended by adding at the end the

7 following new subsection:

8 ‘‘(k) For purposes of this section, any contribution

9 by an individual who—

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

11 ‘‘(2) has not, as of the time of such contribu12 tion, attained the legal age for voting for elections

13 to Federal office in the State in which such individ14 ual resides,

15 shall be treated as having been made by such other indi16 vidual. If such individual is the dependent of another indi17 vidual and such other individual’s spouse, the contribution

18 shall be allocated among such individuals in the manner

19 determined by them.’’.

20 SEC. 403. CONTRIBUTIONS TO CANDIDATES FROM STATE

21 AND LOCAL COMMITTEES OF POLITICAL PAR22 TIES TO BE AGGREGATED.

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

24 amended by adding at the end the following new para25 graph:
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1 ‘‘(9) A candidate for Federal office may not accept,

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

3 or local committee of a political party (including any sub4 ordinate committee of such committee), if such contribu5 tion, when added to the total of contributions previously

6 accepted from all such committees of that political party,

7 exceeds a limitation on contributions to a candidate under

8 this section.’’.

9 SEC. 404. LIMITED EXCLUSION OF ADVANCES BY CAM10 PAIGN WORKERS FROM THE DEFINITION OF

11 THE TERM ‘‘CONTRIBUTION’’.

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

13 amended—

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

15 semicolon at the end;

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

17 end and inserting: ‘‘; and’’; and

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

19 clause:

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

21 an authorized committee of a candidate by an indi22 vidual in the normal course of such individual’s re23 sponsibilities as a volunteer for, or employee of, the

24 committee, if the advance is reimbursed by the com25 mittee within 10 days after the date on which the
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1 advance is made, and the value of advances on be2 half of a committee does not exceed $500 with re3 spect to an election.’’.

4 TITLE V—REPORTING

5 REQUIREMENTS

6 SEC. 501. CHANGE IN CERTAIN REPORTING FROM A CAL7 ENDAR YEAR BASIS TO AN ELECTION CYCLE

8 BASIS.

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

10 FECA (2 U.S.C. 434(b)(2)–(7)) are amended by inserting

11 after ‘‘calendar year’’ each place it appears the following:

12 ‘‘(election cycle, in the case of an authorized committee

13 of a candidate for Federal office)’’.

14 SEC. 502. PERSONAL AND CONSULTING SERVICES.

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

16 434(b)(5)(A)) is amended by adding before the semicolon

17 at the end the following: ‘‘, except that if a person to

18 whom an expenditure is made is merely providing personal

19 or consulting services and is in turn making expenditures

20 to other persons (not including employees) who provide

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

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

23 together with the date, amount and purpose of such ex24 penditure shall also be disclosed’’.
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1 SEC. 503. REDUCTION IN THRESHOLD FOR REPORTING OF

2 CERTAIN INFORMATION BY PERSONS OTHER

3 THAN POLITICAL COMMITTEES.

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

5 434(b)(3)(A)) is amended by striking ‘‘$200’’ and insert6 ing ‘‘$50’’.

7 SEC. 504. COMPUTERIZED INDICES OF CONTRIBUTIONS.

8 Section 311(a) of FECA (2 U.S.C. 438(a)) is amend9 ed—

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

11 (9);

12 (2) by striking the period at the end of para13 graph (10) and inserting ‘‘; and’’; and

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

15 paragraph:

16 ‘‘(11) maintain computerized indices of con17 tributions of $50 or more.’’.

18 TITLE VI—FEDERAL ELECTION

19 COMMISSION

20 SEC. 601. USE OF CANDIDATES’ NAMES.

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

22 amended to read as follows:

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

24 include the name of the candidate who authorized the com25 mittee under paragraph (1).
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1 ‘‘(B) A political committee that is not an authorized

2 committee shall not include the name of any candidate in

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

4 on behalf of such committee in such a context as to sug5 gest that the committee is an authorized committee of the

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

7 authorized by the candidate.’’.

8 SEC. 602. REPORTING REQUIREMENTS.

9 (a) OPTION TO FILE MONTHLY REPORTS—Section

10 304(a)(2) of FECA (2 U.S.C. 434(a)(2)) is amended—

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

12 the end;

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

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

15 (3) by inserting the following new subparagraph

16 at the end:

17 ‘‘(C) in lieu of the reports required by subpara18 graphs (A) and (B), the treasurer may file monthly

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

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

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

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

23 otherwise due in November and December of any

24 year in which a regularly scheduled general election

25 is held, a pre-primary election report and a pre-gen-
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1 eral election report shall be filed in accordance with

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

3 shall be filed in accordance with subparagraph

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

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

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

7 (2 U.S.C. 434(a)(4)(B)) is amended by striking ‘‘20th’’

8 and inserting ‘‘15th’’.

9 SEC. 603. PROVISIONS RELATING TO THE GENERAL COUN10 SEL OF THE COMMISSION.

11 (a) VACANCY IN THE OFFICE OF GENERAL COUN12 SEL.—Section 306(f) of FECA (2 U.S.C. 437c(f)) is

13 amended by adding at the end the following new para14 graph:

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

16 counsel, the next highest ranking enforcement official in

17 the general counsel’s office shall serve as acting general

18 counsel with full powers of the general counsel until a suc19 cessor is appointed.’’.

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

21 306(f)(1) of FECA (2 U.S.C. 437c(f)(1)) is amended—

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

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

24 (2) by striking the third sentence.
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1 SEC. 604. ENFORCEMENT.

2 (a) BASIS FOR ENFORCEMENT PROCEEDING.—Sec3 tion 309(a)(2) of FECA (2 U.S.C. 437g(a)(2)) is amended

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

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

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

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

8 about to commit’’.

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

10 309(a) of FECA (2 U.S.C. 437g(a)) is amended by adding

11 at the end the following new paragraph:

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

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

14 that—

15 ‘‘(i) there is a substantial likelihood that a vio16 lation of this Act or of chapter 95 or chapter 96 of

17 the Internal Revenue Code of 1986 is occurring or

18 is about to occur;

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

20 in irreparable harm to a party affected by the poten21 tial violation;

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

23 harm or prejudice to the interests of others; and

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

25 the issuance of an injunction,
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1 the Commission may initiate a civil action for a temporary

2 restraining order or a temporary injunction pending the

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

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

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

6 brought in the United States district court for the district

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

8 be found.’’.

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

10 amended—

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

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

13 (B) in paragraph (11) by striking ‘‘(6)’’ and in14 serting ‘‘(6) or (13)’’.

15 SEC. 605. PENALTIES.

16 (a) PENALTIES PRESCRIBED IN CONCILIATION

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

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

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

20 any contribution or expenditure involved in such violation’’

21 and inserting ‘‘which is—

22 ‘‘(i) not less than 50 percent of all contribu23 tions and expenditures involved in the violation (or

24 such lesser amount as the Commission provides if
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1 necessary to ensure that the penalty is not unjustly

2 disproportionate to the violation); and

3 ‘‘(ii) not greater than all contributions and ex4 penditures involved in the violation’’.

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

6 437g(a)(5)(B)) is amended by striking ‘‘which does not

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

8 percent of any contribution or expenditure involved in such

9 violation’’ and inserting ‘‘which is—

10 ‘‘(i) not less than all contributions and expendi11 tures involved in the violation; and

12 ‘‘(ii) not greater than 150 percent of all con13 tributions and expenditures involved in the viola14 tion’’.

15 (b) PENALTIES WHEN VIOLATIONS ARE ADJU16 DICATED IN COURT.—(1) Section 309(a)(6)(A) of FECA

17 (2 U.S.C. 437g(a)(6)(A)) is amended by striking all that

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

19 order for a civil penalty in the amount determined under

20 subparagraph (A) or (B) in the district court of the

21 United States for the district in which the defendant re22 sides, transacts business, or may be found.’’.

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

24 437g(a)(6)(B)) is amended by striking all that follows
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1 ‘‘other order’’ and inserting ‘‘, including an order for a

2 civil penalty which is—

3 ‘‘(i) not less than all contributions and expendi4 tures involved in the violation; and

5 ‘‘(ii) not greater than 200 percent of all con6 tributions and expenditures involved in the violation,

7 upon a proper showing that the person involved has com8 mitted, or is about to commit (if the relief sought is a

9 permanent or temporary injunction or a restraining

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

11 96 of the Internal Revenue Code of 1986.’’.

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

13 437g(6)(C)) is amended by striking ‘‘a civil penalty’’ and

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

15 ‘‘(i) not less than 200 percent of all contribu16 tions and expenditures involved in the violation; and

17 ‘‘(ii) not greater than 250 percent of all con18 tributions and expenditures involved in the viola19 tion.’’.

20 SEC. 606. RANDOM AUDITS.

21 Section 311(b) of FECA (2 U.S.C. 438(b)) is amend22 ed—

23 (1) by inserting ‘‘(1)’’ before ‘‘The Commis24 sion’’; and
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1 (2) by adding at the end the following new

2 paragraph:

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

4 may from time to time conduct random audits and inves5 tigations to ensure voluntary compliance with this Act.

6 The subjects of such audits and investigations shall be se7 lected on the basis of criteria established by vote of at

8 least 4 members of the Commission to ensure impartiality

9 in the selection process. This paragraph does not apply

10 to an authorized committee of an eligible Senate candidate

11 subject to audit under section 505(a) or an authorized

12 committee of an eligible House of Representatives can13 didate subject to audit under section 605(a).’’.

14 SEC. 607. PROHIBITION OF FALSE REPRESENTATION TO

15 SOLICIT CONTRIBUTIONS.

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

17 (1) by inserting after ‘‘SEC. 322.’’ the follow18 ing: ‘‘(a)’’; and

19 (2) by adding at the end the following:

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

21 representing himself as a candidate or as a representative

22 of a candidate, a political committee, or a political party.’’.
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1 SEC. 608. REGULATIONS RELATING TO USE OF NON-FED2 ERAL MONEY.

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

4 by adding at the end the following new subsection:

5 ‘‘(g) The Commission shall promulgate rules to pro6 hibit devices or arrangements which have the purpose or

7 effect of undermining or evading the provisions of this Act

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

9 elections.’’.

10 TITLE VII—MISCELLANEOUS

11 SEC. 701. PROHIBITION OF LEADERSHIP COMMITTEES.

12 Section 302(e) of FECA (2 U.S.C. 432(e)) is amend13 ed—

14 (1) by amending paragraph (3) to read as fol15 lows:

16 ‘‘(3) No political committee that supports or has sup17 ported more than one candidate may be designated as an

18 authorized committee, except that—

19 ‘‘(A) a candidate for the office of President

20 nominated by a political party may designate the na21 tional committee of such political party as the can22 didate’s principal campaign committee, but only if

23 that national committee maintains separate books of

24 account with respect to its functions as a principal

25 campaign committee; and
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1 ‘‘(B) a candidate may designate a political com2 mittee established solely for the purpose of joint

3 fundraising by such candidates as an authorized

4 committee.’’; and

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

6 paragraph:

7 ‘‘(6)(A) A candidate for Federal office or any individ8 ual holding Federal office may not establish, maintain, or

9 control any political committee other than a principal cam10 paign committee of the candidate, authorized committee,

11 party committee, or other political committee designated

12 in accordance with paragraph (3). A candidate for more

13 than one Federal office may designate a separate principal

14 campaign committee for each Federal office.

15 ‘‘(B) For one year after the effective date of this

16 paragraph, any such political committee may continue to

17 make contributions. At the end of that period such politi18 cal committee shall disburse all funds by one or more of

19 the following means: making contributions to an entity

20 qualified under section 501(c)(3) of the Internal Revenue

21 Code of 1986; making a contribution to the treasury of

22 the United States; contributing to the national, State or

23 local committees of a political party; or making contribu24 tions not to exceed $1,000 to candidates for elective

25 office.’’.
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1 SEC. 702. POLLING DATA CONTRIBUTED TO CANDIDATES.

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

3 amended by section 314(b), is amended by inserting at

4 the end the following new subparagraph:

5 ‘‘(D) A contribution of polling data to a can6 didate shall be valued at the fair market value of the

7 data on the date the poll was completed, depreciated

8 at a rate not more than 1 percent per day from such

9 date to the date on which the contribution was

10 made.’’.

11 SEC. 703. SENSE OF THE SENATE THAT CONGRESS SHOULD

12 CONSIDER ADOPTION OF A JOINT RESOLU13 TION PROPOSING AN AMENDMENT TO THE

14 CONSTITUTION THAT WOULD EMPOWER CON15 GRESS AND THE STATES TO SET REASON16 ABLE LIMITS ON CAMPAIGN EXPENDITURES.

17 It is the sense of the Senate that Congress should

18 consider adoption of a joint resolution proposing an

19 amendment to the Constitution that would—

20 (1) empower Congress to set reasonable limits

21 on campaign expenditures by, in support of, or in

22 opposition to any candidate in any primary, general,

23 or other election for Federal office; and

24 (2) empower the States to set reasonable limits

25 on campaign expenditures by, in support of, or in
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1 opposition to any candidate in any primary, general,

2 or other election for State or local office.

3 SEC. 704. PERSONAL USE OF CAMPAIGN FUNDS.

4 Section 313 of FECA (2 U.S.C. 439a) is amended—

5 (1) by inserting ‘‘(a)’’ before ‘‘Amounts’’; and

6 (2) by adding at the end the following new sub7 section:

8 ‘‘(b) For the purposes of this section, the term ‘per9 sonal use’ means the use of funds in a campaign account

10 of a present or former candidate to fulfill a commitment,

11 obligation, or expense of any person that would exist irre12 spective of the candidate’s campaign or duties as a holder

13 of Federal office.’’.

14 TITLE VIII—EFFECTIVE DATES;

15 AUTHORIZATIONS

16 SEC. 801. EFFECTIVE DATE.

17 Except as otherwise provided in this Act, the amend18 ments made by, and the provisions of, this Act shall take

19 effect on the date of the enactment of this Act but shall

20 not apply with respect to activities in connection with any

21 election occurring before January 1, 1996.

22 SEC. 802. SEVERABILITY.

23 Except as provided in sections 101(c) and 121(b), if

24 any provision of this Act (including any amendment made

25 by this Act), or the application of any such provision to
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1 any person or circumstance, is held invalid, the validity

2 of any other provision of this Act, or the application of

3 such provision to other persons and circumstances, shall

4 not be affected thereby.

5 SEC. 803. EXPEDITED REVIEW OF CONSTITUTIONAL ISSUES.

6 (a) DIRECT APPEAL TO SUPREME COURT.—An ap7 peal may be taken directly to the Supreme Court of the

8 United States from any interlocutory order or final judg9 ment, decree, or order issued by any court ruling on the

10 constitutionality of any provision of this Act or amend11 ment made by this Act.

12 (b) ACCEPTANCE AND EXPEDITION.—The Supreme

13 Court shall, if it has not previously ruled on the question

14 addressed in the ruling below, accept jurisdiction over, ad15 vance on the docket, and expedite the appeal to the great16 est extent possible.

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