I

103D CONGRESS

1ST SESSION H. R. 2208

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

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

IN THE HOUSE OF REPRESENTATIVES

MAY 20, 1993

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

Committees on House Administration, Ways and Means, Energy and

Commerce, and Post Office and Civil Service

A BILL

To amend the Federal Election Campaign Act of 1971 to

provide for a voluntary system of spending limits and

benefits for House of Representatives election campaigns,

and for other purposes.

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

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

4 TABLE OF CONTENTS.

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

6 ‘‘Fair Campaign Finance Reform Act of 1993’’.
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1 (b) AMENDMENT OF FECA.—When used in this Act,

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

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

4 (c) TABLE OF CONTENTS.—

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

TITLE I—CONTROL OF CONGRESSIONAL CAMPAIGN SPENDING

Subtitle A—Amendments to the Internal Revenue Code of 1986

Sec. 101. Income tax credit for contributions to eligible House of Representatives candidates.

Sec. 102. Denial of income tax exemption to noneligible House of Representatives candidates.

Subtitle B—Expenditure Limitations and Contribution Limitations for

Eligible House of Representatives Candidates

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

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

may be accepted by House of Representatives candidates.

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

Representatives.

Sec. 124. Reduction in contribution limitations applicable to noneligible House

of Representatives candidates.

Subtitle C—General Provisions

Sec. 131. Broadcast rates and preemption.

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

Representatives and Senate candidates.

Sec. 133. Reporting requirements for certain independent expenditures.

Sec. 134. Campaign advertising amendments.

Sec. 135. Definitions.

TITLE II—INDEPENDENT EXPENDITURES

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

TITLE III—EXPENDITURES

Subtitle A—Personal Loans; Credit

Sec. 301. Personal contributions and loans.

Sec. 302. Extensions of credit.

Subtitle B—Provisions Relating to Soft Money of Political Parties

Sec. 311. Contributions to political party committees.

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

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

Sec. 314. Reporting requirements.

TITLE IV—CONTRIBUTIONS
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Sec. 401. Contributions through intermediaries and conduits.

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

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

Sec. 404. Limited exclusion of advances by campaign workers from the definition of the term ‘‘contribution’’.

TITLE V—REPORTING REQUIREMENTS

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

cycle basis.

Sec. 502. Personal and consulting services.

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

Sec. 504. Computerized indices of contributions.

TITLE VI—FEDERAL ELECTION COMMISSION

Sec. 601. Use of candidates’ names.

Sec. 602. Reporting requirements.

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

Sec. 604. Enforcement.

Sec. 605. Penalties.

Sec. 606. Random audits.

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

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

TITLE VII—BALLOT INITIATIVE COMMITTEES

Sec. 701. Definitions relating to ballot initiatives.

Sec. 702. Amendment to definition of contribution.

Sec. 703. Amendment to definition of expenditure.

Sec. 704. Organization of ballot initiative committees.

Sec. 705. Ballot initiative committee reporting requirements.

Sec. 706. Enforcement amendment.

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

Sec. 708. Limitation on contribution of currency.

TITLE VIII—MISCELLANEOUS

Sec. 801. Prohibition of leadership committees.

Sec. 802. Polling data contributed to candidates.

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

Presidential Election Campaign Fund.

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

Sec. 805. Amendment to FECA section 316.

Sec. 806. Telephone voting by persons with disabilities.

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

for Federal office.

Sec. 808. Sense of the Congress.

TITLE IX—EFFECTIVE DATES; AUTHORIZATIONS

Sec. 901. Effective date.

Sec. 902. Budget neutrality.

Sec. 903. Severability.

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

3 SPENDING

4 Subtitle A—Amendments to the

5 Internal Revenue Code of 1986

6 SEC. 101. INCOME TAX CREDIT FOR CONTRIBUTIONS TO EL7 IGIBLE HOUSE OF REPRESENTATIVES CAN8 DIDATES.

9 (a) IN GENERAL.—Subpart A of part IV of sub10 chapter A of chapter 1 of the Internal Revenue Code of

11 1986 (relating to nonrefundable personal credits) is

12 amended by inserting before section 25 the following new

13 section:

14 ‘‘SEC. 24. CONTRIBUTIONS TO ELIGIBLE HOUSE OF REP15 RESENTATIVES CANDIDATES

16 ‘‘(a) GENERAL RULE.—In the case of an individual,

17 there shall be allowed, subject to the limitations of sub18 section (b), as a credit against the tax imposed by this

19 chapter for the taxable year, an amount equal to one-half

20 of all eligible House of Representatives political contribu21 tions, payment of which is made by the taxpayer within

22 the taxable year.

23 ‘‘(b) LIMITATIONS.—
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1 ‘‘(1) MAXIMUM CREDIT.—The credit allowed by

2 subsection (a) for a taxable year shall not exceed

3 $100 ($200 in the case of a joint return).

4 ‘‘(2) VERIFICATION.—The credit allowed by

5 subsection (a) shall be allowed, with respect to any

6 political contribution or newsletter fund contribution,

7 only if such contribution is verified in such manner

8 as the Secretary shall prescribe by regulations.

9 ‘‘(c) DEFINITIONS.—For purposes of this section—

10 ‘‘(1) ELIGIBLE HOUSE OF REPRESENTATIVES

11 POLITICAL CONTRIBUTION.—The term ‘eligible

12 House of Representatives political contribution’

13 means a contribution or gift of money to an individ14 ual who is an eligible House of Representatives can15 didate, for use by such individual to further the indi16 vidual’s candidacy for nomination or election to such

17 office,

18 ‘‘(2) CANDIDATE.—The term ‘eligible House of

19 Representatives candidate’ has the meaning given

20 that term in section 301 of the Federal Election

21 Campaign Act of 1971.’’.

22 ‘‘(d) CROSS REFERENCES.—

‘‘For disallowance of credits to estates and trusts,

see section 642(a)(2).’’

23 (b) TECHNICAL AMENDMENTS.—
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1 (1) Subsection (a) of section 642 of such Code

2 (relating to special rules for credits and deductions)

3 is amended to read as follows:

4 ‘‘(a) CREDITS AGAINST TAX.—

5 ‘‘(1) FOREIGN TAX CREDIT ALLOWED.—An es6 tate or trust shall be allowed the credit against tax

7 for taxes imposed by foreign countries and posses8 sions of the United States, to the extent allowed by

9 section 901, only in respect of so much of the taxes

10 described in such section as is not properly allocable

11 under such section to the beneficiaries.

12 ‘‘(2) ELIGIBLE HOUSE OF REPRESENTATIVES

13 POLITICAL CONTRIBUTION CREDIT NOT ALLOWED.—

14 An estate or trust shall not be allowed the credit

15 against tax for political contributions provided by

16 section 24.’’

17 (2) The table of sections for subpart A of part

18 IV of subchapter A of chapter 1 of such Code is

19 amended by inserting before the item relating to sec20 tion 25 the following new item:

‘‘Sec. 24. Contributions to eligible House of Representatives candidates.’’

21 (c) EFFECTIVE DATE.—The amendments made by

22 this section shall apply to taxable years beginning after

23 December 31, 1993.
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1 SEC. 102. DENIAL OF INCOME TAX EXEMPTION TO

2 NONELIGIBLE HOUSE OF REPRESENTATIVES

3 CANDIDATES.

4 Section 527(e)(2) of the Internal Revenue Code of

5 1986 is amended by adding at the end the following new

6 sentence: ‘‘Such term does not include any function de7 scribed in the first sentence, if the function is carried out

8 by a candidate for the office of Representative in, or Dele9 gate or Resident Commissioner to, the Congress, who is

10 not an eligible House of Representatives candidate, as de11 fined in section 301 of the Federal Election Campaign Act

12 of 1971.

13 Subtitle B—Expenditure Limita14 tions and Contribution Limita15 tions for Eligible House of Rep16 resentatives Candidates

17 SEC. 121. PROVISIONS APPLICABLE TO ELIGIBLE HOUSE

18 OF REPRESENTATIVES CANDIDATES.

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

20 the end the following new title:
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1 ‘‘TITLE V—EXPENDITURE LIMI2 TATIONS AND CONTRIBUTION

3 LIMITATIONS FOR ELIGIBLE

4 HOUSE OF REPRESENTA5 TIVES CANDIDATES

6 ‘‘SEC. 501. EXPENDITURE LIMITATIONS.

7 ‘‘(a) IN GENERAL.—An eligible House of Representa8 tives candidate may not, in an election cycle, make expend9 itures aggregating more than $600,000, of which not more

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

11 period.

12 ‘‘(b) RUNOFF ELECTION AND SPECIAL ELECTION

13 AMOUNTS.—

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

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

16 House of Representatives candidate who is a can17 didate in a runoff election may make expenditures

18 aggregating not more than 20 percent of the general

19 election period limit under subsection (a).

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

21 House of Representatives candidate who is a can22 didate in a special election may make expenditures

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

24 the special election.
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1 ‘‘(c) CLOSELY CONTESTED PRIMARY.—If, as deter2 mined by the Commission, an eligible House of Represent3 atives candidate in a contested primary election wins that

4 primary election by a margin of 10 percentage points or

5 less, subject to the general election period limitation in

6 subsection (a), the candidate may make additional expend7 itures of not more than $150,000 in the general election

8 period. The additional expenditures shall be from con9 tributions described in section 503(h).

10 ‘‘(d) NONPARTICIPATING OPPONENT PROVISIONS.—

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

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

13 the case of an eligible House of Representatives can14 didate if any other candidate seeking nomination or

15 election to that office—

16 ‘‘(A) is not an eligible House of Represent17 atives candidate; and

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

19 percent of the general election period limitation

20 specified in subsection (a).

21 ‘‘(2) CONTINUED ELIGIBILITY.—An eligible

22 House of Representatives candidate referred to in

23 paragraph (1) shall continue to be eligible for all

24 benefits under this title;
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1 ‘‘(3) REPORTING REQUIREMENT.—A candidate

2 for the office of Representative in, or Delegate or

3 Resident Commissioner to, the Congress—

4 ‘‘(A) who is not an eligible House of Rep5 resentatives candidate; and

6 ‘‘(B) who—

7 ‘‘(i) receives contributions in excess of

8 50 percent of the general election period

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

10 ‘‘(ii) makes expenditures in excess of

11 80 percent of such limit;

12 shall report that the threshold has been reached to

13 the Clerk of the House of Representatives not later

14 than 48 hours after reaching the threshold. The

15 Clerk shall transmit a report received under this

16 paragraph to the Commission as soon as possible

17 (but no later than 4 working hours of the Commis18 sion) after such receipt, and the Commission shall

19 transmit a copy to each other candidate in the elec20 tion within 48 hours of receipt.

21 ‘‘(e) EXEMPTION FOR CERTAIN COSTS AND

22 TAXES.—Payments for legal and accounting compliance

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

24 a candidate’s authorized committees, shall not be consid-
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1 ered in the computation of amounts subject to limitation

2 under this section.

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

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

5 Representatives candidate or his or her authorized

6 committee in connection with the solicitation of con7 tributions on behalf of such candidate shall not be

8 considered in the computation of amounts subject to

9 limitation under this section to the extent that the

10 aggregate of such costs does not exceed 5 percent of

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

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

13 and overhead expenditures of an eligible House of

14 Representatives candidate’s campaign headquarters

15 and offices shall not be considered in the computa16 tion of amounts subject to limitation under this sec17 tion. Any amount excluded under this paragraph

18 shall be applied against the fundraising expenditure

19 exemption under paragraph (1).

20 ‘‘(g) CIVIL PENALTIES.—

21 ‘‘(1) LOW AMOUNT OF EXCESS EXPENDI22 TURES.—Any eligible House of Representatives can23 didate who makes expenditures that exceed a limita24 tion under subsection (a) or subsection (b) by 2.5

25 percent or less shall pay to the Commission an
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1 amount equal to the amount of the excess expendi2 tures.

3 ‘‘(2) MEDIUM AMOUNT OF EXCESS EXPENDI4 TURES.—Any eligible House of Representatives can5 didate who makes expenditures that exceed a limita6 tion under subsection (a) or subsection (b) by more

7 than 2.5 percent and less than 5 percent shall pay

8 to the Commission an amount equal to three times

9 the amount of the excess expenditures.

10 ‘‘(3) LARGE AMOUNT OF EXCESS EXPENDI11 TURES.—Any eligible House of Representatives can12 didate who makes expenditures that exceed a limita13 tion under subsection (a) or subsection (b) by 5 per14 cent or more shall pay to the Commission an

15 amount equal to three times the amount of the ex16 cess expenditures plus a civil penalty in an amount

17 determined by the Commission.

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

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

20 beginning of each calendar year based on the increase in

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

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

23 shall be calendar year 1993.
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1 ‘‘SEC. 502. STATEMENT OF PARTICIPATION; CONTINUING

2 ELIGIBILITY.

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

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

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

6 under this title. Such determination shall—

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

8 based on a statement of participation submitted by

9 the candidate; and

10 ‘‘(2) in the case of a determination of continu11 ing eligibility, be based on relevant additional infor12 mation submitted in such form and manner as the

13 Commission may require.

14 ‘‘(b) FILING.—The statement of participation re15 ferred to in subsection (a) shall be filed with the Clerk

16 of the House of Representatives not later than January

17 31 of the election year or on the date on which the can18 didate files a statement of candidacy, whichever is later.

19 The Clerk of the House of Representatives shall transmit

20 a statement received under this section to the Commission

21 as soon as possible.

22 ‘‘SEC. 503. CONTRIBUTION LIMITATIONS.

23 ‘‘(a) ELIGIBLE HOUSE OF REPRESENTATIVES CAN24 DIDATE LIMITATION.—An eligible House of Representa25 tives candidate may not, with respect to an election cycle,

26 accept contributions aggregating in excess of $600,000.
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1 ‘‘(b) NONPARTICIPATING OPPONENT PROVISIONS.—

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

3 in the case of an eligible House of Representatives can4 didate if any other candidate seeking nomination or elec5 tion to that office—

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

7 candidate; and

8 ‘‘(2) receives contributions in excess of 50 per9 cent of the general election period limitation speci10 fied in section 501(a).

11 ‘‘(c) TRANSFER PROVISIONS.—

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

13 candidate transfers any amount from an election

14 cycle to a later election cycle, the limitation with re15 spect to the candidate under subsection (a) for the

16 later cycle shall be an amount equal to the difference

17 between the amount specified in that subsection and

18 the amount transferred.

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

20 candidate transfers any amount from an election

21 cycle to a later election cycle, each limitation with

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

23 later cycle shall be one-third of the difference be24 tween the applicable amount specified in subsection

25 (a) and the amount transferred.
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1 ‘‘(d) RUNOFF AMOUNT.—In addition to the contribu2 tions under subsection (a), an eligible House of Represent3 atives candidate who is a candidate in a runoff election

4 may accept contributions aggregating not more than 20

5 percent of the general election expenditure limit under sec6 tion 501(a) in the general election period. Of such con7 tributions, one-half may be from political committees and

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

9 315(i)(2).

10 ‘‘(e) PERSONAL CONTRIBUTIONS.—

11 ‘‘(1) IN GENERAL.—An eligible House of Rep12 resentatives candidate may not, with respect to an

13 election cycle, make contributions to his or her own

14 campaign totaling more than $50,000 from the per15 sonal funds of the candidate. The amount that the

16 candidate may accept from persons referred to in

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

18 contributions made under the preceding sentence.

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

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

21 of an eligible House of Representatives candidate if

22 any other candidate—

23 ‘‘(A) is not an eligible House of Represent24 atives candidate; and
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1 ‘‘(B) receives contributions in excess of 50

2 percent of the general election period limitation

3 specified in section 501(a).

4 ‘‘(f) CIVIL PENALTIES.—

5 ‘‘(1) LOW AMOUNT OF EXCESS CONTRIBU6 TIONS.—Any eligible House of Representatives can7 didate who accepts contributions that exceed the lim8 itation under subsection (a) by 2.5 percent or less

9 shall refund the excess contributions to the persons

10 who made the contributions.

11 ‘‘(2) MEDIUM AMOUNT OF EXCESS CONTRIBU12 TIONS.—Any eligible House of Representatives can13 didate who accepts contributions that exceed a limi14 tation under subsection (a) by more than 2.5 per15 cent and less than 5 percent shall pay to the Com16 mission an amount equal to three times the amount

17 of the excess contributions.

18 ‘‘(3) LARGE AMOUNT OF EXCESS CONTRIBU19 TIONS.—Any eligible House of Representatives can20 didate who accepts contributions that exceed a limi21 tation under subsection (a) by 5 percent or more

22 shall pay to the Commission an amount equal to

23 three times the amount of the excess contributions

24 plus a civil penalty in an amount determined by the

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

2 amount—

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

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

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

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

8 with respect to a candidate’s authorized committees

9 shall not be considered in the computation of

10 amounts subject to limitation under subsection (a).

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

12 accounting compliance costs by the authorized committees

13 of an eligible House of Representatives candidate shall not

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

15 time.

16 ‘‘(h) CLOSELY CONTESTED PRIMARY.—If, as deter17 mined by the Commission, an eligible House of Represent18 atives candidate in a contested primary election wins that

19 primary election by a margin of 10 percentage points or

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

21 candidate may, in the general election period, accept addi22 tional contributions of not more than $150,000, consisting

23 of—

24 ‘‘(1) not more than $75,000 from political com25 mittees; and
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1 ‘‘(2) not more than $75,000 from individuals

2 referred to in section 315(i)(2).

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

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

5 beginning of the calendar year based on the increase in

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

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

8 shall be calendar year 1993.

9 ‘‘SEC. 504. CLOSED CAPTIONING REQUIREMENT FOR TELE10 VISION COMMERCIALS OF ELIGIBLE HOUSE

11 OF REPRESENTATIVES CANDIDATES.

12 ‘‘No eligible House of Representatives candidate may

13 receive benefits provided by law to such candidates unless

14 such candidate has certified that any television commercial

15 prepared or distributed by the candidate will be prepared

16 in a manner that contains, is accompanied by, or otherwise

17 readily permits closed captioning of the oral content of the

18 commercial to be broadcast by way of line 21 of the verti19 cal blanking interval, or by way of comparable successor

20 technologies.’’.

21 (b) EFFECT OF INVALIDITY ON OTHER PROVISIONS

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

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

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

25 as invalid.
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1 SEC. 122. LIMITATIONS ON POLITICAL COMMITTEE AND

2 LARGE DONOR CONTRIBUTIONS THAT MAY

3 BE ACCEPTED BY HOUSE OF REPRESENTA4 TIVES CANDIDATES.

5 Section 315 of the Federal Election Campaign Act

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

7 the following new subsection:

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

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

10 may not, with respect to an election cycle, accept contribu11 tions from political committees aggregating in excess of

12 $300,000.

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

14 or Delegate or Resident Commissioner to, the Congress

15 may not, with respect to an election cycle, accept contribu16 tions aggregating in excess of $300,000 from persons

17 other than political committees whose contributions total

18 more than—

19 ‘‘(A) $500 in the case of a candidate other than

20 an eligible House of Representatives candidate, and

21 ‘‘(B) $1,000 in the case of an eligible House of

22 Representatives candidate.

23 ‘‘(3) In addition to the contributions under para24 graphs (1) and (2), a House of Representatives candidate

25 who is a candidate in a runoff election may accept con26 tributions aggregating not more than $100,000 with re-
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1 spect to the runoff election. Of such contributions, one2 half may be from political committees and one-half may

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

4 ‘‘(4) Any amount—

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

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

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

9 costs, Federal, State, and local taxes,

10 shall not be considered in the computation of amounts

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

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

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

14 subsection, if, as determined by the Commission, an eligi15 ble House of Representatives candidate in a contested pri16 mary election wins that primary election by a margin of

17 10 percentage points or less, the candidate may, in the

18 general election period, accept contributions of not more

19 than $150,000, consisting of—

20 ‘‘(A) not more than $75,000 from political com21 mittees; and

22 ‘‘(B) not more than $75,000 from persons re23 ferred to in paragraph (2).

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

25 (2), (3), and (5) (other than the amounts in paragraphs
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1 (2) and (5) relating to contribution totals) shall be ad2 justed in the manner provided in section 315(c), except

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

4 shall be calendar year 1993.’’.

5 SEC. 123. EXCESS FUNDS OF INCUMBENTS WHO ARE CAN6 DIDATES FOR THE HOUSE OF REPRESENTA7 TIVES.

8 An individual who—

9 (1) is a candidate for the office of Representa10 tive in, or Delegate or Resident Commissioner to,

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

12 FECA (as enacted by section 121 of this Act) ap13 plies;

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

15 (3) as of the date of the first statement of par16 ticipation submitted by the individual under section

17 502 of FECA, has campaign accounts containing in

18 excess of $600,000;

19 shall deposit such excess in a separate account subject to

20 the provision of section 304 of FECA. The amount so de21 posited shall be available for any lawful purpose other

22 than use, with respect to the individual, for an election

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

24 Commissioner to, the Congress.
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1 SEC. 124. REDUCTION IN CONTRIBUTION LIMITATIONS AP2 PLICABLE TO NONELIGIBLE HOUSE OF REP3 RESENTATIVES CANDIDATES.

4 Section 315 of the Federal Election Campaign Act

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

6 the following new subsection:

7 ‘‘(i) Notwithstanding subsection (a)(1)(A) and sub8 section (a)(2)(A)—

9 ‘‘(1) no person shall make contributions, with

10 respect to an election, to a candidate for the office

11 of Representative in, or Delegate or Resident Com12 missioner to, the Congress, which, in the aggregate,

13 exceed $500, except that, in the case of an eligible

14 House of Representatives candidate, the limitation

15 shall be $1,000; and

16 ‘‘(2) no multicandidate political committee shall

17 make contributions, with respect to an election, to a

18 candidate for the office of Representative in, or Del19 egate or Resident Commissioner to, the Congress,

20 which, in the aggregate, exceed $2,500, except that,

21 in the case of an eligible House of Representatives

22 candidate, the limitation shall be $5,000.’’.
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1 Subtitle C—General Provisions

2 SEC. 131. BROADCAST RATES AND PREEMPTION.

3 (a) BROADCAST RATES.—Section 315(b) of the Com4 munications Act of 1934 (47 U.S.C. 315(b)) is amended

5 in paragraph (1)—

6 (1) by striking out ‘‘forty-five’’ and inserting in

7 lieu thereof ‘‘30’’;

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

9 thereof ‘‘45’’; and

10 (3) by striking out ‘‘lowest unit charge of the

11 station for the same class and amount of time for

12 the same period’’ and insert ‘‘lowest charge of the

13 station for the same amount of time for the same

14 period on the same date, except that in the case of

15 an eligible House of Representatives candidate, the

16 charges shall not exceed 50 percent of such lowest

17 charge’’.

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

19 (47 U.S.C. 315) is amended by redesignating subsections

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

21 by inserting immediately after subsection (b) the following

22 new subsection:

23 ‘‘(c)(1) Except as provided in paragraph (2), a li24 censee shall not preempt the use, during any period speci25 fied in subsection (b)(1), of a broadcasting station by a
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1 legally qualified candidate for public office who has pur2 chased and paid for such use pursuant to the provisions

3 of subsection (b)(1).

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

5 station is preempted because of circumstances beyond the

6 control of the broadcasting station, any candidate adver7 tising spot scheduled to be broadcast during that program

8 may also be preempted.’’.

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

10 RATES TO ELIGIBLE HOUSE OF REPRESENTA11 TIVES CANDIDATES.

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

13 amended—

14 (1) in paragraph (2)(A)—

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

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

17 and

18 (B) by striking out ‘‘Committee;’’ and in19 serting in lieu thereof ‘‘Committee, and, subject

20 to paragraph (3), the principal campaign com21 mittee of an eligible House of Representatives

22 candidate;’’;

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

24 after the semicolon;
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1 (3) in paragraph (2)(C), by striking out the pe2 riod and inserting in lieu thereof ‘‘; and’’;

3 (4) by adding after paragraph (2)(C) the fol4 lowing new subparagraph:

5 ‘‘(D) the terms ‘eligible House of Representa6 tives candidate’ and ‘principal campaign committee’

7 have the meanings given those terms in section 301

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

9 and

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

11 new paragraph:

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

13 with respect to an eligible House of Representatives can14 didate shall apply only to—

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

16 section 301 of the Federal Election Campaign Act of

17 1971); and

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

19 number of individuals in the voting age population

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

21 congressional district or State, whichever is applica22 ble.’’.
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1 SEC. 133. REPORTING REQUIREMENTS FOR CERTAIN INDE2 PENDENT EXPENDITURES.

3 Section 304(c) of FECA (2 U.S.C. 434(c)) is amend4 ed—

5 (1) in paragraph (2), by striking out the undes6 ignated matter after subparagraph (C);

7 (2) by redesignating paragraph (3) as para8 graph (5); and

9 (3) by inserting after paragraph (2), as amend10 ed by paragraph (1), the following new paragraphs:

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

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

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

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

15 within 24 hours after such independent expenditure is

16 made.

17 ‘‘(B) Any independent expenditure aggregating

18 $10,000 or more made at any time up to and including

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

20 48 hours after such independent expenditure is made. An

21 additional statement shall be filed each time independent

22 expenditures aggregating $10,000 are made with respect

23 to the same election as the initial statement filed under

24 this section.

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

26 the House of Representatives and the Secretary of State
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1 of the State involved and shall contain the information re2 quired by subsection (b)(6)(B)(iii) of this section, includ3 ing whether the independent expenditure is in support of,

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

5 the House of Representatives shall as soon as possible (but

6 not later than 4 working hours of the Commission) after

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

8 later than 48 hours after the Commission receives a re9 port, the Commission shall transmit a copy of the report

10 to each candidate seeking nomination or election to that

11 office.

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

13 includes any action taken to incur an obligation for pay14 ment.

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

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

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

18 than the 20th day before the election.

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

20 the House of Representatives and the Secretary of State

21 of the State involved, and shall identify each candidate

22 whom the expenditure will support or oppose. The Clerk

23 of the House of Representatives shall as soon as possible

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

25 after receipt of a statement transmit it to the Commission.
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1 Not later than 48 hours after the Commission receives a

2 statement under this paragraph, the Commission shall

3 transmit a copy of the statement to each candidate identi4 fied.

5 ‘‘(5) The Commission may make its own determina6 tion that a person has made, or has incurred obligations

7 to make, independent expenditures with respect to any

8 Federal election which in the aggregate exceed the applica9 ble amounts under paragraph (3) or (4). The Commission

10 shall notify each candidate in such election of such deter11 mination within 24 hours of making it.

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

13 under paragraph (3), (4), or (5) with respect to expendi14 tures during a general election period, the Commission

15 shall certify eligibility to receive benefits under section

16 504(a) or section 504(b).

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

18 make any statement received under this subsection avail19 able for public inspection and copying in the same manner

20 as the Commission under section 311(a)(4), and shall pre21 serve such statements in the same manner as the Commis22 sion under section 311(a)(5).’’.

23 SEC. 134. CAMPAIGN ADVERTISING AMENDMENTS.

24 Section 318 of FECA (2 U.S.C. 441d) is amended—
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1 (1) in the matter before paragraph (1) of sub2 section (a), by striking ‘‘an expenditure’’ and insert3 ing ‘‘a disbursement’’;

4 (2) in the matter before paragraph (1) of sub5 section (a), by striking ‘‘direct’’;

6 (3) in paragraph (3) of subsection (a), by in7 serting after ‘‘name’’ the following ‘‘and permanent

8 street address’’; and

9 (4) by adding at the end the following new sub10 sections:

11 ‘‘(c) Any printed communication described in sub12 section (a) shall be—

13 ‘‘(1) of sufficient type size to be clearly read14 able by the recipient of the communication;

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

16 the other contents of the communication; and

17 ‘‘(3) consist of a reasonable degree of color con18 trast between the background and the printed state19 ment.

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

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

22 include, in addition to the requirements of those sub23 sections an audio statement by the candidate that identi24 fies the candidate and states that the candidate has ap25 proved the communication.
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1 ‘‘(2) If a broadcast or cablecast communication de2 scribed in paragraph (1) is broadcast or cablecast by

3 means of television, the statement required by paragraph

4 (1) shall—

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

6 with a reasonable degree of color contrast be7 tween the background and the printed state8 ment, for a period of at least 4 seconds; and

9 ‘‘(B) be accompanied by a clearly identifi10 able photographic or similar image of the can11 didate.

12 ‘‘(e) Any broadcast or cablecast communication de13 scribed in subsection (a)(3) shall include, in addition to

14 the requirements of those subsections, in a clearly spoken

15 manner, the following statement—

16 ‘ is responsible for the content of

17 this advertisement.’

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

19 committee or other person paying for the communication

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

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

22 also appear in a clearly readable manner with a reasonable

23 degree of color contrast between the background and the

24 printed statement, for a period of at least 4 seconds.’’.
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1 SEC. 135. DEFINITIONS.

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

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

4 the following new paragraphs:

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

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

7 Federal office, but does not include an open primary elec8 tion.

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

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

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

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

13 and ending on the earlier of—

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

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

16 from the campaign or otherwise ceases actively to

17 seek election.

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

19 ‘‘(A) a candidate’s spouse;

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

21 brother, half-brother, sister or half-sister of the can22 didate or the candidate’s spouse; and

23 ‘‘(C) the spouse of any person described in sub24 paragraph (B).

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

26 such term in section 9002(6) of the Internal Revenue Code
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1 of 1986, except that if a candidate qualified under State

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

3 in which all the candidates for the office participated and

4 which resulted in the candidate and at least one other can5 didate qualifying for the ballot in the general election,

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

7 party for purposes of title V.

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

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

10 ballot in a general election for a Federal office.

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

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

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

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

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

16 that office following the last general election for that

17 office; or

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

19 from the election or otherwise ceases actively to seek

20 election.

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

22 held after a primary election which is prescribed by appli23 cable State law as the means for deciding which candidate

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

25 office.
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1 ‘‘(26) The term ‘runoff election period’ means, with

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

3 following the date of the last primary election for the spe4 cific office such candidate is seeking and ending on the

5 date of the runoff election for such office.

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

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

8 pursuant to section 315(e).

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

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

11 Representative in, or Delegate or Resident Commissioner

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

13 under section 502, is eligible to receive matching payments

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

15 statement of participation and complying with the con16 tinuing eligibility requirements under section 502.

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

18 ‘‘(A) in the case of a candidate or the author19 ized committees of a candidate, the term beginning

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

21 election for the specific office or seat which such

22 candidate seeks and ending on the date of the next

23 general election for such office or seat; or

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

25 on the first day following the date of the last general
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1 election and ending on the date of the next general

2 election.’’.

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

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

5 and inserting ‘‘permanent residence address’’.

6 TITLE II—INDEPENDENT

7 EXPENDITURES

8 SEC. 201. CLARIFICATION OF DEFINITIONS RELATING TO

9 INDEPENDENT EXPENDITURES.

10 (a) INDEPENDENT EXPENDITURE DEFINITION

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

12 amended by striking paragraphs (17) and (18) and insert13 ing the following:

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

15 an expenditure for an advertisement or other communica16 tion that—

17 ‘‘(i) contains express advocacy; and

18 ‘‘(ii) is made without the participation or co19 operation of a candidate or a candidate’s representa20 tive.

21 ‘‘(B) The following shall not be considered an inde22 pendent expenditure:

23 ‘‘(i) An expenditure made by a political commit24 tee of a political party.
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1 ‘‘(ii) An expenditure made by a person who,

2 during the election cycle, has communicated with or

3 received information from a candidate or a rep4 resentative of that candidate regarding activities

5 that have the purpose of influencing that candidate’s

6 election to Federal office, where the expenditure is

7 in support of that candidate or in opposition to an8 other candidate for that office.

9 ‘‘(iii) An expenditure if there is any arrange10 ment, coordination, or direction with respect to the

11 expenditure between the candidate or the candidate’s

12 agent and the person making the expenditure.

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

14 cycle, the person making the expenditure is or has

15 been—

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

17 behalf of the candidate or the candidate’s au18 thorized committees; or

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

20 agent of the candidate’s authorized committees

21 in an executive or policymaking position.

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

23 expenditure has advised or counseled the candidate

24 or the candidate’s agents at any time on the can25 didate’s plans, projects, or needs relating to the can-
36

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1 didate’s pursuit of nomination for election, or elec2 tion, to Federal office, in the same election cycle, in3 cluding any advice relating to the candidate’s deci4 sion to seek Federal office.

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

6 expenditure retains the professional services of any

7 individual or other person also providing those serv8 ices in the same election cycle to the candidate in

9 connection with the candidate’s pursuit of nomina10 tion for election, or election, to Federal office, in11 cluding any services relating to the candidate’s deci12 sion to seek Federal office.

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

14 expenditure has consulted at any time during the

15 same election cycle about the candidate’s plans,

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

17 of nomination for election, or election, to Federal of18 fice, with—

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

20 agent of a party committee that has made or

21 intends to make expenditures or contributions,

22 pursuant to subsections (a), (d), or (h) of sec23 tion 315 in connection with the candidate’s

24 campaign; or
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1 ‘‘(II) any person whose professional serv2 ices have been retained by a political party com3 mittee that has made or intends to make ex4 penditures or contributions pursuant to sub5 sections (a), (d), or (h) of section 315 in con6 nection with the candidate’s campaign.

7 For purposes of this subparagraph, the person making the

8 expenditure shall include any officer, director, employee,

9 or agent of such person.

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

11 communication is taken as a whole, an expression of sup12 port for or opposition to a specific candidate, to a specific

13 group of candidates, or to candidates of a particular politi14 cal party, or a suggestion to take action with respect to

15 an election, such as to vote for or against, make contribu16 tions to, or participate in campaign activity.’’.

17 (b) CONTRIBUTION DEFINITION AMENDMENT.—Sec18 tion 301(8)(A) of FECA (2 U.S.C. 431(8)(A)) is amend19 ed—

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

21 semicolon at the end;

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

23 end and inserting ‘‘; or’’; and

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

25 clause:
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1 ‘‘(iii) any payment or other transaction referred

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

3 an independent expenditure under paragraph

4 (17)(A)(ii).’’.

5 TITLE III—EXPENDITURES

6 Subtitle A—Personal Loans; Credit

7 SEC. 301. PERSONAL CONTRIBUTIONS AND LOANS.

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

9 by section 122, is amended by adding at the end the fol10 lowing new subsection:

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

12 (1) If a candidate or a member of the candidate’s imme13 diate family made any loans to the candidate or to the

14 candidate’s authorized committees during any election

15 cycle, no contributions after the date of the general elec16 tion for such election cycle may be used to repay such

17 loans.

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

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

20 candidate or member other than as part of a pro rata dis21 tribution of excess contributions to all contributors.’’.

22 SEC. 302. EXTENSIONS OF CREDIT.

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

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

25 (1) by striking ‘‘or’’ at the end of clause (ii);
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1 (2) by striking the period at the end of clause

2 (iii) and inserting ‘‘; or’’; and

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

4 clause:

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

6 candidate’s authorized committees, any exten7 sion of credit for goods or services relating to

8 advertising on broadcasting stations, in news9 papers or magazines, or by mailings, or relating

10 to other similar types of general public political

11 advertising, if such extension of credit is—

12 ‘‘(I) in an amount of more than

13 $1,000; and

14 ‘‘(II) for a period greater than the pe15 riod, not in excess of 60 days, for which

16 credit is generally extended in the normal

17 course of business after the date on which

18 such goods or services are furnished or the

19 date of the mailing in the case of advertis20 ing by a mailing.’’.
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1 Subtitle B—Provisions Relating to

2 Soft Money of Political Parties

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

5 (a) INDIVIDUAL CONTRIBUTIONS TO STATE

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

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

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

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

10 (B) the following new subparagraph:

11 ‘‘(C) to political committees established and

12 maintained by a State committee of a political party

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

14 $10,000; or’’.

15 (b) MULTICANDIDATE COMMITTEE CONTRIBUTIONS

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

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

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

20 subparagraph (B) the following new subparagraph:

21 ‘‘(C) to political committees established and

22 maintained by a State committee of a political party

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

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

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

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

4 ‘‘The limitation under this paragraph shall be increased

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

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

10 AND LOCAL PARTY COMMITTEES.

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

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

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

16 subordinate committees of that State committee, shall not

17 make expenditures in connection with the general election

18 campaign of a candidate for President of the United

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

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

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

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

3 431(8)(B)) is amended—

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

5 inserting ‘‘mail’’; and

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

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

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

9 (c) SOFT MONEY OF COMMITTEES OF POLITICAL

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

11 after section 323 the following new section:

12 ‘‘POLITICAL PARTY COMMITTEES

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

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

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

19 prohibitions, and reporting requirements of this Act.

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

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

22 of influencing an election for Federal office is in

23 connection with an election for Federal office.

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

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

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

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

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

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

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

14 ‘‘(C) The preparation and dissemination of

15 campaign materials that are part of a generic

16 campaign activity or that identify a Federal

17 candidate, regardless of whether a State or

18 local candidate is also identified.

19 ‘‘(D) Development and maintenance of

20 voter files.

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

22 or in part) an election for Federal office.

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

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

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

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

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

6 connection with a State or local political con7 vention.

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

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

13 local candidates and are not activities described

14 in paragraph (2)(A).

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

16 local committee of a political party, including

17 expenses for—

18 ‘‘(i) overhead;

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

22 ‘‘(iii) meetings; and

23 ‘‘(iv) conducting party elections or

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

2 and local candidates and issues.

3 ‘‘(G) Development and maintenance of

4 voter files other than during a Federal election

5 period.

6 ‘‘(H) Activities described in paragraph

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

8 a Federal election period.

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

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

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

13 ‘Federal election period’ means the period—

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

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

17 and

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

19 on which regularly scheduled general elections

20 for Federal office occur.

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

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

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

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

2 and reporting requirements of this Act.

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

4 that—

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

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

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

9 to support such activities.

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

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

14 subordinate committee) from a State or local candidate

15 committee shall be treated as meeting the requirements

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

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

18 meet the requirements of this Act with respect to

19 any limitation or prohibition as to source or dollar

20 amount, and

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

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

23 payment is made, records of the sources and

24 amounts of funds for purposes of determining

25 whether such requirements are met, and
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1 ‘‘(ii) certifies to the other committee that

2 such requirements were met.

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

4 receiving any contribution described in paragraph (1) from

5 a State or local candidate committee shall be required to

6 meet the reporting requirements of this Act with respect

7 to receipt of the contribution from such candidate commit8 tee.

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

10 candidate committee is a committee established, financed,

11 maintained, or controlled by a candidate for other than

12 Federal office.’’.

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

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

15 end thereof the following new paragraph:

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

17 party, the congressional campaign committees of a

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

19 political party, including a subordinate committee of

20 any of the preceding committees, shall not make ex21 penditures during any calendar year for activities

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

23 State which, in the aggregate, exceed an amount

24 equal to 30 cents multiplied by the voting age popu-
48

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1 lation of the State (as certified under subsection

2 (e)).

3 ‘‘(B) Expenditures authorized under this para4 graph shall be in addition to other expenditures al5 lowed under this subsection, except that this para6 graph shall not authorize a committee to make ex7 penditures to which paragraph (3) or (4) applies in

8 excess of the limit applicable to such expenditures

9 under paragraph (3) or (4).

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

11 paragraph shall be made under subsection (c) before

12 1993 and the base period for purposes of any such

13 adjustment shall be 1990.

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

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

16 shall only include a committee that is a political

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

18 ‘‘(ii) a State committee shall not be re19 quired to record or report under this Act the

20 expenditures of any other committee which are

21 made independently from the State commit22 tee.’’.

23 (3) Section 301(4) of FECA (2 U.S.C. 431(4))

24 is amended by adding at the end the following new

25 sentence: ‘‘For purposes of subparagraph (C), any
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1 payments for get-out-the-vote activities on behalf of

2 candidates for office other than Federal office shall

3 be treated as payments exempted from the definition

4 of expenditure under paragraph (9) of this section.’’.

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

6 U.S.C. 431), as amended by section 135, is amended by

7 adding at the end thereof the following new paragraph:

8 ‘‘(31) The term ‘generic campaign activity’

9 means a campaign activity the preponderant purpose

10 or effect of which is to promote a political party

11 rather than any particular Federal or non-Federal

12 candidate.’’.

13 SEC. 313. RESTRICTIONS ON FUNDRAISING BY CANDIDATES

14 AND OFFICEHOLDERS.

15 (a) STATE FUNDRAISING ACTIVITIES.—Section 315

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

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

18 subsection:

19 ‘‘(l) LIMITATIONS ON FUNDRAISING ACTIVITIES OF

20 FEDERAL CANDIDATES AND OFFICEHOLDERS AND CER21 TAIN POLITICAL COMMITTEES.—(1) For purposes of this

22 Act, a candidate for Federal office (or an individual hold23 ing Federal office) may not solicit funds to, or receive

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

25 or political committee—
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1 ‘‘(A) which are to be expended in connection

2 with any election for Federal office unless such

3 funds are subject to the limitations, prohibitions,

4 and requirements of this Act; or

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

6 with any election for other than Federal office unless

7 such funds are not in excess of amounts permitted

8 with respect to Federal candidates and political com9 mittees under this Act, and are not from sources

10 prohibited by this Act with respect to elections to

11 Federal office.

12 ‘‘(2)(A) The aggregate amount which a person de13 scribed in subparagraph (B) may solicit from a

14 multicandidate political committee for State committees

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

16 committees) for any calendar year shall not exceed the dol17 lar amount in effect under subsection (a)(2)(B) for the

18 calendar year.

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

20 such person is a candidate for Federal office, an individual

21 holding Federal office, or any national, State, district, or

22 local committee of a political party (including subordinate

23 committees).

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

25 or individual in any activity (including fundraising) con-
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1 ducted by a committee of a political party or a candidate

2 for other than Federal office shall not be treated as a so3 licitation for purposes of paragraph (1) if—

4 ‘‘(A) such appearance or participation is other5 wise permitted by law; and

6 ‘‘(B) such candidate or individual does not so7 licit or receive, or make expenditures from, any

8 funds resulting from such activity.

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

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

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

12 is permitted under State law.

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

14 shall be treated as holding Federal office if such individual

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

16 Act of 1978.’’.

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

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

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

20 subsection:

21 ‘‘(m) TAX-EXEMPT ORGANIZATIONS.—(1) If during

22 any period an individual is a candidate for, or holds, Fed23 eral office, such individual may not during such period so24 licit contributions to, or on behalf of, any organization

25 which is described in section 501(c) of the Internal Reve-
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1 nue Code of 1986 if a significant portion of the activities

2 of such organization include voter registration or get-out3 the-vote campaigns.

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

5 shall be treated as holding Federal office if such individual

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

7 Act of 1978.’’.

8 SEC. 314. REPORTING REQUIREMENTS.

9 (a) REPORTING REQUIREMENTS.—Section 304 of

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

11 thereof the following new subsection:

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

13 committee of a political party and any congressional cam14 paign committee, and any subordinate committee of ei15 ther, shall report all receipts and disbursements during

16 the reporting period, whether or not in connection with

17 an election for Federal office.

18 ‘‘(2) A political committee (not described in para19 graph (1)) to which section 324 applies shall report all

20 receipts and disbursements in connection with a Federal

21 election (as determined under section 324).

22 ‘‘(3) Any political committee to which section 324 ap23 plies shall include in its report under paragraph (1) or

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

25 and the reason for the transfer.
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1 ‘‘(4) Any political committee to which paragraph (1)

2 or (2) does not apply shall report any receipts or disburse3 ments which are used in connection with a Federal elec4 tion.

5 ‘‘(5) If any receipt or disbursement to which this sub6 section applies exceeds $200, the political committee shall

7 include identification of the person from whom, or to

8 whom, such receipt or disbursement was made.

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

10 shall be filed for the same time periods required for politi11 cal committees under subsection (a).’’.

12 (b) REPORT OF EXEMPT CONTRIBUTIONS.—Section

13 301(8) of the Federal Election Campaign Act of 1971 (2

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

15 the following:

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

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

18 for purposes of any requirement to report con19 tributions under this Act, and all such contribu20 tions in excess of $200 shall be reported.’’.

21 (c) REPORTING OF EXEMPT EXPENDITURES.—Sec22 tion 301(9) of the Federal Election Campaign Act of 1971

23 (2 U.S.C. 431(9)) is amended by inserting at the end

24 thereof the following:
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1 ‘‘(C) The exclusions provided in clause (iv)

2 of subparagraph (B) shall not apply for pur3 poses of any requirement to report expenditures

4 under this Act, and all such expenditures in ex5 cess of $200 shall be reported.’’.

6 (d) CONTRIBUTIONS AND EXPENDITURES OF POLITI7 CAL COMMITTEES.—Section 301(4) of FECA (2 U.S.C.

8 431(4)) is amended by adding at the end the following:

9 ‘‘For purposes of this paragraph, the receipt of contribu10 tions or the making of, or obligating to make, expenditures

11 shall be determined by the Commission on the basis of

12 facts and circumstances, in whatever combination, dem13 onstrating a purpose of influencing any election for Fed14 eral office, including, but not limited to, the representa15 tions made by any person soliciting funds about their in16 tended uses; the identification by name of individuals who

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

18 in general public political advertising; and the proximity

19 to any primary, runoff, or general election of general pub20 lic political advertising designed or reasonably calculated

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

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

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

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

25 subsection:
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1 ‘‘(e) FILING OF STATE REPORTS.—In lieu of any re2 port required to be filed by this Act, the Commission may

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

4 the Commission a report required to be filed under State

5 law if the Commission determines such reports contain

6 substantially the same information.’’.

7 TITLE IV—CONTRIBUTIONS

8 SEC. 401. CONTRIBUTIONS THROUGH INTERMEDIARIES

9 AND CONDUITS.

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

11 amended to read as follows:

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

13 ‘‘(A) Contributions made by a person, either di14 rectly or indirectly, to or on behalf of a particular

15 candidate, including contributions that are in any

16 way earmarked or otherwise directed through an

17 intermediary or conduit to a candidate, shall be

18 treated as contributions from the person to the can19 didate.

20 ‘‘(B) Contributions made directly or indirectly

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

22 through an intermediary or conduit, including con23 tributions made or arranged to be made by an

24 intermediary or conduit, shall be treated as contribu-
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1 tions from the intermediary or conduit to the can2 didate if—

3 ‘‘(i) the contributions made through the

4 intermediary or conduit are in the form of a

5 check or other negotiable instrument made pay6 able to the intermediary or conduit rather than

7 the intended recipient; or

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

9 ‘‘(I) a political committee with a con10 nected organization;

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

12 such a political committee;

13 ‘‘(III) a political party;

14 ‘‘(IV) a partnership or sole proprietor15 ship;

16 ‘‘(V) a person required to register

17 under section 308 of the Federal Regula18 tion of Lobbying Act (2 U.S.C. 267) or the

19 Foreign Agents Registration Act of 1938

20 (22 U.S.C. 611 et seq.); or

21 ‘‘(VI) an organization prohibited from

22 making contributions under section 316, or

23 an officer, employee, or agent of such an

24 organization acting on the organization’s

25 behalf.
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1 ‘‘(C)(i) The term ‘intermediary or conduit’ does

2 not include—

3 ‘‘(I) a candidate or representative of a can4 didate receiving contributions to the candidate’s

5 principal campaign committee or authorized

6 committee;

7 ‘‘(II) a professional fundraiser com8 pensated for fundraising services at the usual

9 and customary rate;

10 ‘‘(III) a volunteer hosting a fundraising

11 event at the volunteer’s home, in accordance

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

13 ‘‘(IV) an individual who transmits a con14 tribution from the individual’s spouse.

15 ‘‘(ii) The term ‘representative’ means an indi16 vidual who is expressly authorized by the candidate

17 to engage in fundraising, and who occupies a signifi18 cant position within the candidate’s campaign orga19 nization, provided that the individual is not de20 scribed in subparagraph (B)(ii).

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

22 to be made’ includes—

23 ‘‘(I) contributions delivered to a particular

24 candidate or the candidate’s authorized commit25 tee or agent; and
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1 ‘‘(II) contributions directly or indirectly ar2 ranged to be made to a particular candidate or

3 the candidate’s authorized committee or agent,

4 in a manner that identifies directly or indirectly

5 to the candidate or authorized committee or

6 agent the person who arranged the making of

7 the contributions or the person on whose behalf

8 such person was acting.

9 ‘‘(iv) The term ‘acting on the organization’s be10 half’ includes the following activities by an officer,

11 employee or agent of a person described in subpara12 graph (B)(ii)(IV):

13 ‘‘(I) Soliciting or directly or indirectly ar14 ranging the making of a contribution to a par15 ticular candidate in the name of, or by using

16 the name of, such a person.

17 ‘‘(II) Soliciting or directly or indirectly ar18 ranging the making of a contribution to a par19 ticular candidate using other than incidental re20 sources of such a person.

21 ‘‘(III) Soliciting contributions for a par22 ticular candidate by substantially directing the

23 solicitations to other officers, employees, or

24 agents of such a person.

25 ‘‘(D) Nothing in this paragraph shall prohibit—
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1 ‘‘(i) bona fide joint fundraising efforts con2 ducted solely for the purpose of sponsorship of

3 a fundraising reception, dinner, or other similar

4 event, in accordance with rules prescribed by

5 the Commission, by—

6 ‘‘(I) 2 or more candidates;

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

8 local committees of a political party within

9 the meaning of section 301(4) acting on

10 their own behalf; or

11 ‘‘(III) a special committee formed by

12 2 or more candidates, or a candidate and

13 a national, State, or local committee of a

14 political party acting on their own behalf;

15 or

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

17 a candidate that are conducted by another can18 didate.

19 ‘‘(iii) bona fide fundraising efforts con20 ducted by and solely on behalf of an individual

21 for the purpose of sponsorship of a fundraising

22 reception, dinner, or other similar event, but

23 only if all contributions are made directly to a

24 candidate or a representative of a candidate.
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1 When a contribution is made to a candidate through an

2 intermediary or conduit, the intermediary or conduit shall

3 report the original source and the intended recipient of

4 the contribution to the Commission and to the intended

5 recipient.’’.

6 SEC. 402. CONTRIBUTIONS BY DEPENDENTS NOT OF VOT7 ING AGE.

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

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

10 following new subsection:

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

12 by an individual who—

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

14 ‘‘(2) has not, as of the time of such contribu15 tion, attained the legal age for voting for elections

16 to Federal office in the State in which such individ17 ual resides,

18 shall be treated as having been made by such other indi19 vidual. If such individual is the dependent of another indi20 vidual and such other individual’s spouse, the contribution

21 shall be allocated among such individuals in the manner

22 determined by them.’’.
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1 SEC. 403. CONTRIBUTIONS TO CANDIDATES FROM STATE

2 AND LOCAL COMMITTEES OF POLITICAL PAR3 TIES TO BE AGGREGATED.

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

5 amended by adding at the end the following new para6 graph:

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

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

9 or local committee of a political party (including any sub10 ordinate committee of such committee), if such contribu11 tion, when added to the total of contributions previously

12 accepted from all such committees of that political party,

13 exceeds a limitation on contributions to a candidate under

14 this section.’’.

15 SEC. 404. LIMITED EXCLUSION OF ADVANCES BY CAM16 PAIGN WORKERS FROM THE DEFINITION OF

17 THE TERM ‘‘CONTRIBUTION’’.

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

19 amended—

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

21 semicolon at the end;

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

23 end and inserting: ‘‘; and’’; and

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

25 clause:
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1 ‘‘(xv) any advance voluntarily made on behalf of

2 an authorized committee of a candidate by an indi3 vidual in the normal course of such individual’s re4 sponsibilities as a volunteer for, or employee of, the

5 committee, if the advance is reimbursed by the com6 mittee within 10 days after the date on which the

7 advance is made, and the value of advances on be8 half of a committee does not exceed $500 with re9 spect to an election.’’.

10 TITLE V—REPORTING

11 REQUIREMENTS

12 SEC. 501. CHANGE IN CERTAIN REPORTING FROM A CAL13 ENDAR YEAR BASIS TO AN ELECTION CYCLE

14 BASIS.

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

16 FECA (2 U.S.C. 434(b) (2)–(7)) are amended by insert17 ing after ‘‘calendar year’’ each place it appears the follow18 ing: ‘‘(election cycle, in the case of an authorized commit19 tee of a candidate for Federal office)’’.

20 SEC. 502. PERSONAL AND CONSULTING SERVICES.

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

22 434(b)(5)(A)) is amended by adding before the semicolon

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

24 whom an expenditure is made is merely providing personal

25 or consulting services and is in turn making expenditures
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1 to other persons (not including employees) who provide

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

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

4 together with the date, amount and purpose of such ex5 penditure shall also be disclosed’’.

6 SEC. 503. REDUCTION IN THRESHOLD FOR REPORTING OF

7 CERTAIN INFORMATION BY PERSONS OTHER

8 THAN POLITICAL COMMITTEES.

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

10 434(b)(3)(A)) is amended by striking ‘‘$200’’ and insert11 ing ‘‘$50’’.

12 SEC. 504. COMPUTERIZED INDICES OF CONTRIBUTIONS.

13 Section 311(a) of FECA (2 U.S.C. 438(a)) is amend14 ed—

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

16 (9);

17 (2) by striking the period at the end of para18 graph (10) and inserting ‘‘; and’’; and

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

20 paragraph:

21 ‘‘(11) maintain computerized indices of con22 tributions of $50 or more.’’.
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1 TITLE VI—FEDERAL ELECTION

2 COMMISSION

3 SEC. 601. USE OF CANDIDATES’ NAMES.

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

5 amended to read as follows:

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

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

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

10 committee shall not include the name of any candidate in

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

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

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

15 authorized by the candidate.’’.

16 SEC. 602. REPORTING REQUIREMENTS.

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

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

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

20 the end;

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

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

23 (3) by inserting the following new subparagraph

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

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

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

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

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

7 otherwise due in November and December of any

8 year in which a regularly scheduled general election

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

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

12 shall be filed in accordance with subparagraph

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

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

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

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

17 and inserting ‘‘15th’’.

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

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

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

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

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

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

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

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

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

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

8 (2) by striking the third sentence.

9 SEC. 604. ENFORCEMENT.

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

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

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

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

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

16 about to commit’’.

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

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

19 at the end the following new paragraph:

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

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

22 that—

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

2 is about to occur;

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

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

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

7 harm or prejudice to the interests of others; and

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

9 the issuance of an injunction,

10 the Commission may initiate a civil action for a temporary

11 restraining order or a temporary injunction pending the

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

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

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

15 brought in the United States district court for the district

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

17 be found.’’.

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

19 amended—

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

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

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

2 (a) PENALTIES PRESCRIBED IN CONCILIATION

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

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

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

6 any contribution or expenditure involved in such violation’’

7 and inserting ‘‘which is—

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

10 such lesser amount as the Commission provides if

11 necessary to ensure that the penalty is not unjustly

12 disproportionate to the violation); and

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

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

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

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

18 percent of any contribution or expenditure involved in such

19 violation’’ and inserting ‘‘which is—

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

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

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

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

3 order for a civil penalty in the amount determined under

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

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

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

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

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

10 civil penalty which is—

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

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

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

17 permanent or temporary injunction or a restraining

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

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

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

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

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

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

4 SEC. 606. RANDOM AUDITS.

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

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

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

10 paragraph:

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

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

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

16 least 4 members of the Commission to ensure impartiality

17 in the selection process. This paragraph does not apply

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

20 505(a).’’.

21 SEC. 607. PROHIBITION OF FALSE REPRESENTATION TO

22 SOLICIT CONTRIBUTIONS.

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

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

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

3 representing himself as a candidate or as a representative

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

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

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

8 by adding at the end the following new subsection:

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

11 effect of undermining or evading the provisions of this Act

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

13 elections.’’.

14 TITLE VII—BALLOT INITIATIVE

15 COMMITTEES

16 SEC. 701. DEFINITIONS RELATING TO BALLOT INITIATIVES.

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

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

19 following new paragraphs:

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

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

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

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

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

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

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

7 ‘‘(A) interstate commerce;

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

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

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

13 other right guaranteed under the United States Con14 stitution.

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

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

18 person for the purpose of influencing the outcome of any

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

20 commonwealth, territory, or District of Columbia level

21 which involves—

22 ‘‘(A) interstate commerce;

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

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

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

6 SEC. 702. AMENDMENT TO DEFINITION OF CONTRIBUTION.

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

8 as amended by section 404, is amended—

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

10 semicolon;

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

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

14 clause:

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

16 SEC. 703. AMENDMENT TO DEFINITION OF EXPENDITURE.

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

18 amended—

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

20 semicolon;

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

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

24 clause:

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

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

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

5 new section:

6 ‘‘ORGANIZATION OF BALLOT INITIATIVE COMMITTEES

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

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

12 is vacant.

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

14 contribution for a ballot initiative political committee

15 shall—

16 ‘‘(A) if the amount is $50 or less, forward to

17 the treasurer such contribution no later than 30

18 days after receiving the contribution; and

19 ‘‘(B) if the amount of the ballot initiative con20 tribution is in excess of $50, forward to the treas21 urer such contribution, the name, address, and occu22 pation of the person making such contribution, and

23 the date of receiving such contribution, no later than

24 10 days after receiving such contribution.
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1 ‘‘(2) All funds of a ballot initiative political committee

2 shall be segregated from, and may not be commingled

3 with, the personal funds of any individual.

4 ‘‘(3) The treasurer of a ballot initiative political com5 mittee shall keep an account for—

6 ‘‘(A) all ballot initiative contributions received

7 by or on behalf of such ballot initiative political com8 mittee;

9 ‘‘(B) the name and address of any person who

10 makes a ballot initiative contribution in excess of

11 $50, together with the date and amount of such bal12 lot initiative contribution by any person;

13 ‘‘(C) the identification of any person who makes

14 a ballot initiative contribution or ballot initiative

15 contributions aggregating more than $200 during a

16 calendar year, together with the date and amount of

17 any such contribution;

18 ‘‘(D) the identification of any political commit19 tee or ballot initiative political committee which

20 makes a ballot initiative contribution, together with

21 the date and amount of any such contribution; and

22 ‘‘(E) the name and address of every person to

23 whom any ballot initiative expenditure is made, the

24 date, amount and purpose of such ballot initiative
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1 expenditure, and the name of the ballot initiative(s)

2 to which the ballot initiative expenditure pertained.

3 ‘‘(c) The treasurer shall preserve all records required

4 to be kept by this section 3 years after the report is filed.’’.

5 SEC. 705. BALLOT INITIATIVE COMMITTEE REPORTING RE6 QUIREMENTS.

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

8 by inserting after section 30A (2 U.S.C. 434) the following

9 new section:

10 ‘‘BALLOT INITIATIVE COMMITTEE REPORTING

11 REQUIREMENTS

12 ‘‘SEC. 304A. (a)(1) Each treasurer of a ballot initia13 tive political committee shall file reports of receipts and

14 disbursements in accordance with the provisions of this

15 subsection. The treasurer shall sign each such report.

16 ‘‘(2) All ballot initiative political committees shall file

17 either—

18 ‘‘(A)(i) quarterly reports in each calendar year

19 when a ballot initiative is slated regarding which the

20 ballot initiative committee plans to make or makes

21 a ballot initiative expenditure or plans to receive or

22 receives a ballot initiative contribution, which shall

23 be filed no later than the 15th day after the last day

24 of each calendar quarter: except that the report for

25 the quarter ending on December 31 of such calendar
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1 year shall be filed no later than January 31 of the

2 following calendar year; and

3 ‘‘(ii) preballot initiative reports, which shall be

4 filed 5 days before the occurrence of each ballot ini5 tiative in which the ballot initiative committee plans

6 to make or has made a ballot initiative expenditure

7 or plans to receive or has received a ballot initiative

8 contribution; or

9 ‘‘(B) monthly reports in all calendar years

10 which shall be filed no later than the 15th day after

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

12 of the last day of the month.

13 ‘‘(3) If a designation, report, or statement filed pur14 suant to this section (other than under paragraph

15 (2)(A)(ii)) is sent by registered or certified mail, the Unit16 ed States postmark shall be considered the date of filing

17 of the designation, report, or statement.

18 ‘‘(4) The reports required to be filed by this section

19 shall be cumulative during the calendar year to which they

20 relate, but where there has been no change in an item

21 reported in a previous report during each year, only the

22 amount need be carried forward.

23 ‘‘(b) Each report under this section shall disclose—

24 ‘‘(1) the amount of cash on hand at the begin25 ning of the reporting period;
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1 ‘‘(2) for the reporting period and the calendar

2 year, the total amount of all receipts, and the total

3 amount of all receipts in the following categories:

4 ‘‘(A) ballot initiative contributions from

5 persons other than political committees;

6 ‘‘(B) ballot initiative contributions from

7 political party committees;

8 ‘‘(C) ballot initiative contributions from

9 other political committees and ballot initiative

10 political committees;

11 ‘‘(D) transfers from affiliated political

12 committees;

13 ‘‘(E) loans;

14 ‘‘(F) rebates, refunds, and other offsets to

15 operating expenditures; and

16 ‘‘(G) dividends, interest, and other forms

17 of receipts;

18 ‘‘(3) the identification of each—

19 ‘‘(A) person (other than a political commit20 tee or ballot initiative political committee) who

21 makes a ballot initiative contribution to the re22 porting committee during the reporting period,

23 whose ballot initiative contribution or ballot ini24 tiative contributions have an aggregate amount

25 or value in excess of $50 within the calendar
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1 year, or in any lesser amount if the reporting

2 committee should so elect, together with the

3 date and amount of any such contribution and

4 the address and occupation (if an individual) of

5 the person;

6 ‘‘(B) political committee or ballot initiative

7 political committee which makes a ballot initia8 tive contribution to the reporting committee

9 during the reporting period, together with the

10 date and amount of any such contribution;

11 ‘‘(C) affiliated political committee or affili12 ated ballot initiative political committee which

13 makes a transfer to the reporting committee

14 during the reporting period;

15 ‘‘(D) person who makes a loan to the re16 porting committee during the reporting period,

17 together with the identification of any endorser

18 or guarantor of such loan, and the date and

19 amount or value of such loan and the address

20 and occupation (if an individual) of the person;

21 ‘‘(E) person who provides a rebate, refund,

22 or other offset to operating expenditures to the

23 reporting committee in an aggregate amount or

24 value in excess of $200 within the calendar

25 year, together with the date and amount of
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1 such receipt and the address and occupation (if

2 an individual) of the person; and

3 ‘‘(F) person who provides any dividend, in4 terest, or other receipt to the reporting commit5 tee in an aggregate value or amount in excess

6 of $200 within the calendar year, together with

7 the date and amount of any such receipt and

8 the address and occupation (if an individual) of

9 the person;

10 ‘‘(4) for the reporting period and the calendar

11 year, the total amount of disbursements, and all dis12 bursements in the following categories:

13 ‘‘(A) ballot initiative expenditures;

14 ‘‘(B) transfers to affiliated political com15 mittees or ballot initiative political committees;

16 ‘‘(C) ballot initiative contribution refunds

17 and other offsets to ballot initiative contribu18 tions;

19 ‘‘(D) loans made by the reporting commit20 tee and the name of the person receiving the

21 loan together with the date of the loan and the

22 address and occupation (if an individual) of the

23 person; and

24 ‘‘(E) independent expenditures; and
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1 ‘‘(5) the total sum of all ballot initiative con2 tributions to such ballot initiative political commit3 tee.’’.

4 SEC. 706. ENFORCEMENT AMENDMENT.

5 Section 309 of FECA (2 U.S.C. 437g) is amended

6 by adding at the end the following new subsection:

7 ‘‘(e) The civil penalties of this Act shall apply to the

8 organization, recordkeeping, and reporting requirements

9 of a ballot initiative political committee under section

10 302A or 304B, insofar as such committee conducts activi11 ties solely for the purpose of influencing a ballot initiative

12 and not for the purpose of influencing any election for

13 Federal office.’’.

14 SEC. 707. PROHIBITION OF CONTRIBUTIONS IN THE NAME

15 OF ANOTHER.

16 Section 320 of FECA (2 U.S.C. 441f) is amended

17 to read as follows:

18 ‘‘PROHIBITION OF CONTRIBUTIONS IN THE NAME OF

19 ANOTHER

20 ‘‘SEC. 320. No person shall make a contribution or

21 ballot initiative contribution in the name of another person

22 or knowingly permit his name to be used to effect such

23 a contribution or ballot initiative contribution, and no per24 son shall knowingly accept a contribution or ballot initia25 tive contribution made by one person in the name of an26 other person.’’.
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1 SEC. 708. LIMITATION ON CONTRIBUTION OF CURRENCY.

2 Section 321 of FECA (2 U.S.C. 441g) is amended

3 to read as follows:

4 ‘‘LIMITATION ON CONTRIBUTION OF CURRENCY

5 ‘‘SEC. 321. No person shall make contributions or

6 ballot initiative contributions of currency of the United

7 States or currency of any foreign country which in the

8 aggregate, exceed $100, to or for the benefit of—

9 ‘‘(1) any candidate for nomination for election,

10 or for election, to Federal office;

11 ‘‘(2) any political committee (other than a bal12 lot initiative political committee) for the purpose of

13 influencing an election for Federal office; or

14 ‘‘(3) any ballot initiative political committee for

15 the purpose of influencing a ballot initiative.’’.

16 TITLE VIII—MISCELLANEOUS

17 SEC. 801. PROHIBITION OF LEADERSHIP COMMITTEES.

18 Section 302(e) of FECA (2 U.S.C. 432(e)) is amend19 ed—

20 (1) by amending paragraph (3) to read as fol21 lows:

22 ‘‘(3) No political committee that supports or has sup23 ported more than one candidate may be designated as an

24 authorized committee, except that—

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

26 nominated by a political party may designate the na-
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1 tional committee of such political party as the can2 didate’s principal campaign committee, but only if

3 that national committee maintains separate books of

4 account with respect to its functions as a principal

5 campaign committee; and

6 ‘‘(B) a candidate may designate a political com7 mittee established solely for the purpose of joint

8 fundraising by such candidates as an authorized

9 committee.’’; and

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

11 paragraph:

12 ‘‘(6)(A) A candidate for Federal office or any individ13 ual holding Federal office may not establish, maintain, or

14 control any political committee other than a principal cam15 paign committee of the candidate, authorized committee,

16 party committee, or other political committee designated

17 in accordance with paragraph (3). A candidate for more

18 than one Federal office may designate a separate principal

19 campaign committee for each Federal office.

20 ‘‘(B) For one year after the effective date of this

21 paragraph, any such political committee may continue to

22 make contributions. At the end of that period such politi23 cal committee shall disburse all funds by one or more of

24 the following means: making contributions to an entity

25 qualified under section 501(c)(3) of the Internal Revenue
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1 Code of 1986; making a contribution to the treasury of

2 the United States; contributing to the national, State or

3 local committees of a political party; or making contribu4 tions not to exceed $1,000 to candidates for elective of5 fice.’’.

6 SEC. 802. POLLING DATA CONTRIBUTED TO CANDIDATES.

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

8 amended by section 314(b), is amended by inserting at

9 the end the following new subparagraph:

10 ‘‘(D) A contribution of polling data to a can11 didate shall be valued at the fair market value of the

12 data on the date the poll was completed, depreciated

13 at a rate not more than 1 percent per day from such

14 date to the date on which the contribution was

15 made.’’.

16 SEC. 803. DEBATES BY GENERAL ELECTION CANDIDATES

17 WHO RECEIVE AMOUNTS FROM THE PRESI18 DENTIAL ELECTION CAMPAIGN FUND.

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

20 amended by adding at the end the following new para21 graph:

22 ‘‘(3)(A) The candidates of a political party for

23 the offices of President and Vice President who are

24 eligible under section 9003 of the Internal Revenue

25 Code of 1986 to receive payments from the Sec-
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1 retary of the Treasury shall not receive such pay2 ments unless both of such candidates agree in writ3 ing—

4 ‘‘(i) that the candidate for the office of

5 President will participate in at least 4 debates,

6 sponsored by a nonpartisan or bipartisan orga7 nization, with all other candidates for that of8 fice who are eligible under that section; and

9 ‘‘(ii) that the candidate of the party for the

10 office of Vice President will participate in at

11 least 1 debate, sponsored by a nonpartisan or

12 bipartisan organization, with all other can13 didates for that office who are eligible under

14 that section.

15 ‘‘(B) If the Commission determines that either

16 of the candidates of a political party failed to par17 ticipate in a debate under subparagraph (A) and

18 was responsible at least in part for such failure, the

19 candidate of the party involved shall—

20 ‘‘(i) be ineligible to receive payments under

21 section 9006 of the Internal Revenue Code of

22 1986; and

23 ‘‘(ii) pay to the Secretary of the Treasury

24 an amount equal to the amount of the pay-
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1 ments made to the candidate under that sec2 tion.’’.

3 SEC. 804. PROHIBITION OF CERTAIN ELECTION-RELATED

4 ACTIVITIES OF FOREIGN NATIONALS.

5 Section 319 of FECA (2 U.S.C. 441e) is amended

6 by adding at the end the following new subsections:

7 ‘‘(c) A foreign national shall not directly or indirectly

8 direct, control, influence or participate in any person’s

9 election-related activities, such as the making of contribu10 tions or expenditures in connection with elections for any

11 local, State, or Federal office or the administration of a

12 political committee.

13 ‘‘(d) A nonconnected political committee or the sepa14 rate segregated fund established in accordance with sec15 tion 316(b)(2)(C) or any other organization or committee

16 involved in the making of contributions or expenditures

17 in connection with elections for any Federal, State, or

18 local office shall include the following statement on all

19 printed materials produced for the purpose of soliciting

20 contributions:

21 ‘‘ ‘It is unlawful for a foreign national to make

22 any contribution of money or other thing of value to

23 a political committee.’.’’.
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1 SEC. 805. AMENDMENT TO FECA SECTION 316.

2 Section 316(b) of FECA (2 U.S.C. 441b(b)) is

3 amended—

4 (1) by inserting ‘‘(A)’’ at the beginning of para5 graph (2) and redesignating subparagraphs (A), (B),

6 and (C) as clauses (i), (ii), and (iii), respectively;

7 (2) at the beginning of the first sentence in

8 subparagraph (A), by inserting the following: ‘‘Ex9 cept as provided in subparagraph (B),’’; and

10 (3) by adding at the end of paragraph (2) the

11 following:

12 ‘‘(B) Expenditures by a corporation or

13 labor organization for candidate appearances,

14 candidate debates and voter guides directed to

15 the general public shall be considered contribu16 tions unless—

17 ‘‘(i) in the case of a candidate appear18 ance, the appearance takes place on cor19 porate or labor organization premises or at

20 a meeting or convention of the corporation

21 or labor organization, and all candidates

22 for election to that office are notified that

23 they may make an appearance under the

24 same or similar conditions;

25 ‘‘(ii) in the case of a candidate debate,

26 the organization staging the debate is ei-
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1 ther an organization described in section

2 301 whose broadcasts or publications are

3 supported by commercial advertising, sub4 scriptions or sales to the public, including

5 a noncommercial educational broadcaster,

6 or a nonprofit organization exempt from

7 Federal taxation under section 501(c)(3)

8 or 501(c)(4) of the Internal Revenue Code

9 of 1986 that does not endorse, support, or

10 oppose candidates or political parties; and

11 ‘‘(iii) in the case of a voter guide, the

12 guide is prepared and distributed by a cor13 poration or labor organization and consists

14 of questions posed to at least two can15 didates for election to that office,

16 except that no communication made by a cor17 poration or labor organization in connection

18 with the candidate appearance, candidate de19 bate or voter guide contains express advocacy,

20 or that no candidate is favored through the

21 structure or format of the candidate appear22 ance, candidate debate or voter guide.’’.
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1 SEC. 806. TELEPHONE VOTING BY PERSONS WITH DISABIL2 ITIES.

3 (a) STUDY OF SYSTEMS TO PERMIT PERSONS WITH

4 DISABILITIES TO VOTE BY TELEPHONE.—

5 (1) IN GENERAL.—The Federal Election Com6 mission shall conduct a study to determine the fea7 sibility of developing a system or systems by which

8 persons with disabilities may be permitted to vote by

9 telephone.

10 (2) CONSULTATION.—The Federal Election

11 Commission shall conduct the study described in

12 paragraph (1) in consultation with State and local

13 election officials, representatives of the telecommuni14 cations industry, representatives of persons with dis15 abilities, and other concerned members of the public.

16 (3) CRITERIA.—The system or systems devel17 oped pursuant to paragraph (1) shall—

18 (A) propose a description of the kinds of

19 disabilities that impose such difficulty in travel

20 to polling places that a person with a disability

21 who may desire to vote is discouraged from un22 dertaking such travel;

23 (B) propose procedures to identify persons

24 who are so disabled; and

25 (C) describe procedures and equipment

26 that may be used to ensure that—
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1 (i) only those persons who are entitled

2 to use the system are permitted to use it;

3 (ii) the votes of persons who use the

4 system are recorded accurately and remain

5 secret;

6 (iii) the system minimizes the possibil7 ity of vote fraud; and

8 (iv) the system minimizes the finan9 cial costs that State and local governments

10 would incur in establishing and operating

11 the system.

12 (4) REQUESTS FOR PROPOSALS.—In developing

13 a system described in paragraph (1), the Federal

14 Election Commission may request proposals from

15 private contractors for the design of procedures and

16 equipment to be used in the system.

17 (5) PHYSICAL ACCESS.—Nothing in this section

18 is intended to supersede or supplant efforts by State

19 and local governments to make polling places phys20 ically accessible to persons with disabilities.

21 (6) DEADLINE.—The Federal Election Commis22 sion shall submit to Congress the study required by

23 this section not later than 1 year after the date of

24 enactment of this Act.
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1 SEC. 807. PROHIBITION OF USE OF GOVERNMENT AIR2 CRAFT IN CONNECTION WITH ELECTIONS

3 FOR FEDERAL OFFICE.

4 Title III of FECA (2 U.S.C. 431 et seq.), as amended

5 by section 312(c) is amended by adding at the end the

6 following new section:

7 ‘‘PROHIBITION OF USE OF GOVERNMENT AIRCRAFT IN

8 CONNECTION WITH ELECTIONS FOR FEDERAL OFFICE

9 ‘‘SEC. 325. (a) No aircraft that is owned or operated

10 by the Government (including any aircraft that is owned

11 or operated by the Department of Defense) may be used

12 in connection with an election for Federal office.

13 ‘‘(b)(1) Subsection (a) shall not apply to travel pro14 vided to the President or Vice President.

15 ‘‘(2) The portion of the cost of any travel provided

16 to the President or Vice President that is allocable to ac17 tivities in connection with an election for Federal office

18 shall be paid by the authorized committee of the Presi19 dent. Such portion shall be paid within 10 days of the

20 travel. For purposes of this section, travel which is in any

21 part related to campaign activity, shall be treated as in

22 connection with an election for Federal office, and the pay23 ment for such travel shall be sufficient to reflect that por24 tion which is campaign-related.
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1 ‘‘(3) The actual costs and payment for costs of any

2 travel provided to the President and Vice President shall

3 be disclosed in accordance with section 304.’’.

4 SEC. 808. SENSE OF THE CONGRESS.

5 The Congress should consider legislation that would

6 provide for an amendment to the Constitution to set rea7 sonable limits on campaign expenditures in Federal elec8 tions.

9 TITLE IX—EFFECTIVE DATES;

10 AUTHORIZATIONS

11 SEC. 901. EFFECTIVE DATE.

12 Except as otherwise provided in this Act, the amend13 ments made by, and the provisions of, this Act shall take

14 effect on the date of the enactment of this Act but shall

15 not apply with respect to activities in connection with any

16 election occurring before January 1, 1994.

17 SEC. 902. BUDGET NEUTRALITY.

18 (a) DELAYED EFFECTIVENESS.—The provisions of

19 this Act (other than this section) shall not be effective

20 until the estimated costs under section 252 of the Bal21 anced Budget and Emergency Deficit Control Act of 1985

22 have been offset by the enactment of subsequent legisla23 tion effectuating this Act.

24 (b) SENSE OF CONGRESS.—It is the sense of the

25 Congress that subsequent legislation effectuating this Act
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1 shall not provide for general revenue increases, reduce ex2 penditures for any existing Federal program, or increase

3 the Federal budget deficit.

4 SEC. 903. SEVERABILITY.

5 Except as provided in section 121(b), if any provision

6 of this Act (including any amendment made by this Act),

7 or the application of any such provision to any person or

8 circumstance, is held invalid, the validity of any other pro9 vision of this Act, or the application of such provision to

10 other persons and circumstances, shall not be affected

11 thereby.

12 SEC. 904. EXPEDITED REVIEW OF CONSTITUTIONAL ISSUES.

13 (a) DIRECT APPEAL TO SUPREME COURT.—An ap14 peal may be taken directly to the Supreme Court of the

15 United States from any interlocutory order or final judg16 ment, decree, or order issued by any court ruling on the

17 constitutionality of any provision of this Act or amend18 ment made by this Act.

19 (b) ACCEPTANCE AND EXPEDITION.—The Supreme

20 Court shall, if it has not previously ruled on the question

21 addressed in the ruling below, accept jurisdiction over, ad22 vance on the docket, and expedite the appeal to the great23 est extent possible.

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