[Congressional Bills 104th Congress]
[From the U.S. Government Printing Office]
[S. 46 Introduced in Senate (IS)]
1st Session
S. 46
To amend the Federal Election Campaign Act of 1971 to provide for a
voluntary system of spending limits and partial public financing of
Senate primary and general election campaigns, to limit contributions
by multicandidate political committees, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 4, 1995
Mr. Feingold introduced the following bill; which was read twice and
referred to the Committee on Rules and Administration
_______________________________________________________________________
A BILL
To amend the Federal Election Campaign Act of 1971 to provide for a
voluntary system of spending limits and partial public financing of
Senate primary and general election campaigns, to limit contributions
by multicandidate political committees, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; AMENDMENT OF CAMPAIGN ACT; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Senate Campaign
Financing and Spending Reform Act''.
(b) Amendment of FECA.--When used in this Act, the term ``FECA''
means the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.).
(c) Table of Contents.--
Sec. 1. Short title; amendment of Campaign Act; table of contents.
Sec. 2. Findings and declarations of the Senate.
TITLE I--CONTROL OF CONGRESSIONAL CAMPAIGN SPENDING
Subtitle A--Senate Election Campaign Spending Limits and Benefits
Sec. 101. Senate spending limits and benefits.
Sec. 102. Ban on activities of political action committees in Federal
elections.
Sec. 103. Reporting requirements.
Sec. 104. Disclosure by noneligible candidates.
Subtitle B--General Provisions
Sec. 131. Broadcast rates and preemption.
Sec. 132. Extension of reduced third-class mailing rates to eligible
Senate candidates.
Sec. 133. Reporting requirements for certain independent expenditures.
Sec. 134. Campaign advertising amendments.
Sec. 135. Definitions.
Sec. 136. Provisions relating to franked mass mailings.
TITLE II--INDEPENDENT EXPENDITURES
Sec. 201. Clarification of definitions relating to independent
expenditures.
TITLE III--EXPENDITURES
Subtitle A--Personal Loans; Credit
Sec. 301. Personal contributions and loans.
Sec. 302. Extensions of credit.
Subtitle B--Provisions Relating to Soft Money of Political Parties
Sec. 311. Reporting requirements.
TITLE IV--CONTRIBUTIONS
Sec. 401. Contributions through intermediaries and conduits;
prohibition on certain contributions by
lobbyists.
Sec. 402. Contributions by dependents not of voting age.
Sec. 403. Contributions to candidates from State and local committees
of political parties to be aggregated.
Sec. 404. Limited exclusion of advances by campaign workers from the
definition of the term ``contribution''.
TITLE V--REPORTING REQUIREMENTS
Sec. 501. Change in certain reporting from a calendar year basis to an
election cycle basis.
Sec. 502. Personal and consulting services.
Sec. 503. Reduction in threshold for reporting of certain information
by persons other than political committees.
Sec. 504. Computerized indices of contributions.
TITLE VI--FEDERAL ELECTION COMMISSION
Sec. 601. Use of candidates' names.
Sec. 602. Reporting requirements.
Sec. 603. Provisions relating to the general counsel of the Commission.
Sec. 604. Enforcement.
Sec. 605. Penalties.
Sec. 606. Random audits.
Sec. 607. Prohibition of false representation to solicit contributions.
Sec. 608. Regulations relating to use of non-Federal money.
TITLE VII--MISCELLANEOUS
Sec. 701. Prohibition of leadership committees.
Sec. 702. Polling data contributed to candidates.
Sec. 703. Sense of the Senate that Congress should consider adoption of
a joint resolution proposing an amendment
to the Constitution that would empower
Congress and the States to set reasonable
limits on campaign expenditures.
Sec. 704. Personal use of campaign funds.
TITLE VIII--EFFECTIVE DATES; AUTHORIZATIONS
Sec. 801. Effective date.
Sec. 802. Severability.
Sec. 803. Expedited review of constitutional issues.
SEC. 2. FINDINGS AND DECLARATIONS OF THE SENATE.
(a) Necessity for Spending Limits.--The Senate finds and declares
that--
(1) the current system of campaign finance has led to
public perceptions that political contributions and their
solicitation have unduly influenced the official conduct of
elected officials;
(2) permitting candidates for Federal office to raise and
spend unlimited amounts of money constitutes a fundamental flaw
in the current system of campaign finance, and has undermined
public respect for the Senate as an institution;
(3) the failure to limit campaign expenditures has caused
individuals elected to the Senate to spend an increasing
proportion of their time in office as elected officials raising
funds, interfering with the ability of the Senate to carry out
its constitutional responsibilities;
(4) the failure to limit campaign expenditures has damaged
the Senate as an institution, due to the time lost to raising
funds for campaigns; and
(5) to prevent the appearance of undue influence and to
restore public trust in the Senate as an institution, it is
necessary to limit campaign expenditures, through a system
which provides public benefits to candidates who agree to limit
campaign expenditures.
(b) Necessity for Ban on Political Action Committees.--The Senate
finds and declares that--
(1) contributions by political action committees to
individual candidates have created the perception that
candidates are beholden to special interests, and leave
candidates open to charges of undue influence;
(2) contributions by political action committees to
individual candidates have undermined public confidence in the
Senate as an institution; and
(3) to restore public trust in the Senate as an
institution, responsive to individuals residing within the
respective States, it is necessary to encourage candidates to
raise most of their campaign funds from individuals residing
within those States.
(c) Necessity for Attributing Cooperative Expenditures to
Candidates.--The Senate finds and declares that--
(1) public confidence and trust in the system of campaign
finance would be undermined should any candidate be able to
circumvent a system of caps on expenditures through cooperative
expenditures with outside individuals, groups, or
organizations;
(2) cooperative expenditures by candidates with outside
individuals, groups, or organizations would severely undermine
the effectiveness of caps on campaign expenditures, unless they
are included within such caps; and
(3) to maintain the integrity of the system of campaign
finance, expenditures by any individual, group, or organization
that have been made in cooperation with any candidate,
authorized committee, or agent of any candidate must be
attributed to that candidate's cap on campaign expenditures.
TITLE I--CONTROL OF CONGRESSIONAL CAMPAIGN SPENDING
Subtitle A--Senate Election Campaign Spending Limits and Benefits
SEC. 101. SENATE SPENDING LIMITS AND BENEFITS.
(a) Amendment of FECA.--
(1) In general.--FECA is amended by adding at the end the
following new title:
``TITLE V--SPENDING LIMITS AND BENEFITS FOR SENATE ELECTION CAMPAIGNS
``SEC. 501. CANDIDATES ELIGIBLE TO RECEIVE BENEFITS.
``(a) In General.--For purposes of this title, a candidate is an
eligible Senate candidate if the candidate--
``(1) meets the primary and general election filing
requirements of subsections (b) and (c);
``(2) meets the primary and runoff election expenditure
limits of subsection (d); and
``(3) meets the threshold contribution requirements of
subsection (e).
``(b) Primary Filing Requirements.--(1) The requirements of this
subsection are met if the candidate files with the Secretary of the
Senate a declaration that--
``(A) the candidate and the candidate's authorized
committees--
``(i)(I) will meet the primary and runoff election
expenditure limits of subsection (d); and
``(II) will only accept contributions for the
primary and runoff elections which do not exceed such
limits;
``(ii)(I) will meet the primary and runoff election
multicandidate political committee contribution limits
of subsection (f); and
``(II) will only accept contributions for the
primary and runoff elections from multicandidate
political committees which do not exceed such limits;
and
``(iii) will limit acceptance of contributions
during an election cycle from individuals residing
outside the candidate's State and multicandidate
political committees, combined, to less than 50 percent
of the aggregate amount of contributions accepted from
all contributors;
``(B) the candidate and the candidate's authorized
committees will meet the general election expenditure limit
under section 502(b); and
``(C) the candidate and the candidate's authorized
committees will meet the limitation on expenditures from
personal funds under section 502(a).
``(2) The declaration under paragraph (1) shall be filed not later
than the date the candidate files as a candidate for the primary
election.
``(c) General Election Filing Requirements.--(1) The requirements
of this subsection are met if the candidate files a certification with
the Secretary of the Senate under penalty of perjury that--
``(A) the candidate and the candidate's authorized
committees--
``(i)(I) met the primary and runoff election
expenditure limits under subsection (d); and
``(II) did not accept contributions for the primary
or runoff election in excess of the primary or runoff
expenditure limit under subsection (d), whichever is
applicable, reduced by any amounts transferred to this
election cycle from a preceding election cycle; and
``(ii)(I) met the multicandidate political
committee contribution limits under subsection (f);
``(II) did not accept contributions for the primary
or runoff election in excess of the multicandidate
political committee contribution limits under
subsection (f); and
``(iii) will limit acceptance of contributions
during an election cycle from individuals residing
outside the candidate's State and multicandidate
political committees, combined, to less than 50 percent
of the aggregate amount of contributions accepted from
all contributors;
``(B) the candidate met the threshold contribution
requirement under subsection (e), and that only allowable
contributions were taken into account in meeting such
requirement;
``(C) at least one other candidate has qualified for the
same general election ballot under the law of the State
involved;
``(D) such candidate and the authorized committees of such
candidate--
``(i) except as otherwise provided by this title,
will not make expenditures which exceed the general
election expenditure limit under section 502(b);
``(ii) will not accept any contributions in
violation of section 315;
``(iii) except as otherwise provided by this title,
will not accept any contribution for the general
election involved to the extent that such contribution
would cause the aggregate amount of such contributions
to exceed the sum of the amount of the general election
expenditure limit under section 502(b) and the amount
described in section 502(c), reduced by any amounts
transferred to the current election cycle from a
previous election cycle and not taken into account
under subparagraph (A)(ii);
``(iv) will deposit all payments received under
this title in an account insured by the Federal Deposit
Insurance Corporation from which funds may be withdrawn
by check or similar means of payment to third parties;
``(v) will furnish campaign records, evidence of
contributions, and other appropriate information to the
Commission; and
``(vi) will cooperate in the case of any audit and
examination by the Commission under section 506; and
``(E) the candidate intends to make use of the benefits
provided under section 503.
``(2) The declaration under paragraph (1) shall be filed not later
than 7 days after the earlier of--
``(A) the date the candidate qualifies for the general
election ballot under State law; or
``(B) if, under State law, a primary or runoff election to
qualify for the general election ballot occurs after September
1, the date the candidate wins the primary or runoff election.
``(d) Primary and Runoff Expenditure Limits.--(1) The requirements
of this subsection are met if:
``(A) The candidate or the candidate's authorized
committees did not make expenditures for the primary election
in excess of the lesser of--
``(i) 67 percent of the general election
expenditure limit under section 502(b); or
``(ii) $2,750,000.
``(B) The candidate and the candidate's authorized
committees did not make expenditures for any runoff election in
excess of 20 percent of the general election expenditure limit
under section 502(b).
``(2) The limitations under subparagraphs (A) and (B) of paragraph
(1) with respect to any candidate shall be increased by the aggregate
amount of independent expenditures in opposition to, or on behalf of
any opponent of, such candidate during the primary or runoff election
period, whichever is applicable, which are required to be reported to
the Secretary of the Senate with respect to such period under section
304(c).
``(3)(A) If the contributions received by the candidate or the
candidate's authorized committees for the primary election or runoff
election exceed the expenditures for either such election, such excess
contributions shall be treated as contributions for the general
election and expenditures for the general election may be made from
such excess contributions.
``(B) Subparagraph (A) shall not apply to the extent that such
treatment of excess contributions--
``(i) would result in the violation of any limitation under
section 315; or
``(ii) would cause the aggregate contributions received for
the general election to exceed the limits under subsection
(c)(1)(D)(iii).
``(e) Threshold Contribution Requirements.--(1) The requirements of
this subsection are met if the candidate and the candidate's authorized
committees have received allowable contributions during the applicable
period in an amount at least equal to the lesser of--
``(A) 10 percent of the general election expenditure limit
under section 502(b); or
``(B) $250,000.
``(2) For purposes of this section and section 503(b)--
``(A) The term `allowable contributions' means
contributions which are made as gifts of money by an individual
pursuant to a written instrument identifying such individual as
the contributor.
``(B) The term `allowable contributions' shall not
include--
``(i) contributions made directly or indirectly
through an intermediary or conduit which are treated as
made by such intermediary or conduit under section
315(a)(8)(B);
``(ii) contributions from any individual during the
applicable period to the extent such contributions
exceed $250; or
``(iii) contributions from individuals residing
outside the candidate's State to the extent such
contributions exceed 50 percent of the aggregate
allowable contributions (without regard to this clause)
received by the candidate during the applicable period.
Clauses (ii) and (iii) shall not apply for purposes of section
503(b).
``(3) For purposes of this subsection and section 503(b), the term
`applicable period' means--
``(A) the period beginning on January 1 of the calendar
year preceding the calendar year of the general election
involved and ending on--
``(i) the date on which the certification under
subsection (c) is filed by the candidate; or
``(ii) for purposes of section 503(b), the date of
such general election; or
``(B) in the case of a special election for the office of
United States Senator, the period beginning on the date the
vacancy in such office occurs and ending on the date of the
general election involved.
``(f) Multicandidate Political Committee Contribution Limits.--The
requirements of this subsection are met if the candidate and the
candidate's authorized committees have accepted from multicandidate
political committees contributions that do not exceed--
``(1) during any period in which the limitation under
section 323 is in effect, zero dollars; and
``(2) during any other period--
``(A) during the primary election period, an amount
equal to 20 percent of the primary election spending
limit under subsection (d)(1)(A); and
``(B) during the runoff election period, an amount
equal to 20 percent of the runoff election spending
limit under subsection (d)(1)(B).
``(g) Indexing.--The $2,750,000 amount under subsection (d)(1)
shall be increased as of the beginning of each calendar year beginning
with calendar year 1998, based on the increase in the price index
determined under section 315(c), except that, for purposes of
subsection (d)(1), the base period shall be calendar year 1992.
``SEC. 502. LIMITATIONS ON EXPENDITURES.
``(a) Limitation on Use of Personal Funds.--(1) The aggregate
amount of expenditures which may be made during an election cycle by an
eligible Senate candidate or such candidate's authorized committees
from the sources described in paragraph (2) shall not exceed $25,000.
``(2) A source is described in this paragraph if it is--
``(A) personal funds of the candidate and members of the
candidate's immediate family; or
``(B) personal debt incurred by the candidate and members
of the candidate's immediate family.
``(b) General Election Expenditure Limit.--(1) Except as otherwise
provided in this title, the aggregate amount of expenditures for a
general election by an eligible Senate candidate and the candidate's
authorized committees shall not exceed the lesser of--
``(A) $5,500,000; or
``(B) the greater of--
``(i) $950,000; or
``(ii) $400,000; plus
``(I) 30 cents multiplied by the voting age
population not in excess of 4,000,000; and
``(II) 25 cents multiplied by the voting
age population in excess of 4,000,000.
``(2) In the case of an eligible Senate candidate in a State which
has no more than 1 transmitter for a commercial Very High Frequency
(VHF) television station licensed to operate in that State, paragraph
(1)(B)(ii) shall be applied by substituting--
``(A) `80 cents' for `30 cents' in subclause (I); and
``(B) `70 cents' for `25 cents' in subclause (II).
``(3) The amount otherwise determined under paragraph (1) for any
calendar year shall be increased by the same percentage as the
percentage increase for such calendar year under section 501(f)
(relating to indexing).
``(c) Payment of Taxes.--The limitation under subsection (b) shall
not apply to any expenditure for Federal, State, or local taxes with
respect to a candidate's authorized committees.
``(d) Expenditures.--For purposes of this title, the term
`expenditure' has the meaning given such term by section 301(9), except
that in determining any expenditures made by, or on behalf of, a
candidate or a candidate's authorized committees, section 301(9)(B)
shall be applied without regard to clause (ii) or (vi) thereof.
``SEC. 503. BENEFITS ELIGIBLE CANDIDATE ENTITLED TO RECEIVE.
``(a) In General.--An eligible Senate candidate shall be entitled
to--
``(1) the broadcast media rates provided under section
315(b) of the Communications Act of 1934;
``(2) the mailing rates provided in section 3626(e) of
title 39, United States Code; and
``(3) payments in the amounts determined under subsection
(b).
``(b) Amount of Payments.--(1) For purposes of subsection (a)(3),
the amounts determined under this subsection are--
``(A) the public financing amount;
``(B) the independent expenditure amount; and
``(C) in the case of an eligible Senate candidate who has
an opponent in the general election who receives contributions,
or makes (or obligates to make) expenditures, for such election
in excess of the general election expenditure limit under
section 502(b), the excess expenditure amount.
``(2) For purposes of paragraph (1), the public financing amount
is--
``(A) in the case of an eligible candidate who is a major
party candidate and who has met the threshold requirement of
section 501(e)--
``(i) during the primary election period, an amount
equal to 100 percent of the amount of contributions
received during that period from individuals residing
in the candidate's State in the aggregate amount of
$100 or less plus an amount equal to 50 percent of the
amount of contributions received during that period
from individuals residing in the candidate's State in
the aggregate amount of more than $100 but less than
$251, up to 50 percent of the primary election spending
limit under section 501(d)(1)(A), reduced by the
threshold requirement under section 501(e);
(ii) during the runoff election period, an amount
equal to 100 percent of the amount of contributions
received during that period from individuals residing
in the candidate's State in the aggregate amount of
$100 or less plus an amount equal to 50 percent of the
amount of contributions received during that period
from individuals residing in the candidate's State in
the aggregate amount of more than $100 but less than
$251, up to 10 percent of the general election spending
limit under section 501(d)(1)(B); and
``(iii) during the general election period, an
amount equal to the general election expenditure limit
applicable to the candidate under section 502(b)
(without regard to paragraph (4) thereof); and
``(B) in the case of an eligible candidate who is not a
major party candidate and who has met the threshold requirement
of section 501(e)--
``(i) during the primary election period, an amount
equal to 100 percent of the amount of contributions
received during that period from individuals residing
in the candidate's State in the aggregate amount of
$100 or less plus an amount equal to 50 percent of the
amount of contributions received during that period
from individuals residing in the candidate's State in
the aggregate amount of more than $100 but less than
$251, up to 50 percent of the primary election spending
limit under section 501(d)(1)(A), reduced by the
threshold requirement under section 501(e);
(ii) during the runoff election period, an amount
equal to 100 percent of the amount of contributions
received during that period from individuals residing
in the candidate's State in the aggregate amount of
$100 or less plus an amount equal to 50 percent of the
amount of contributions received during that period
from individuals residing in the candidate's State in
the aggregate amount of more than $100 but less than
$251, up to 10 percent of the general election spending
limit under section 501(d)(1)(B); and
(iii) during the runoff election period, an amount
equal to 100 percent of the amount of contributions
received during that period from individuals residing
in the candidate's State in the aggregate amount of
$100 or less plus an amount equal to 50 percent of the
amount of contributions received during that period
from individuals residing in the candidate's State in
the aggregate amount of more than $100 but less than
$251, up to 50 percent of the general election spending
limit under section 502(b).
``(3) For purposes of paragraph (1), the independent expenditure
amount is the total amount of independent expenditures made, or
obligated to be made, during the general election period by 1 or more
persons in opposition to, or on behalf of an opponent of, an eligible
Senate candidate which are required to be reported by such persons
under section 304(c) with respect to the general election period and
are certified by the Commission under section 304(c).
``(4) For purposes of paragraph (1), the excess expenditure amount
is the amount determined as follows:
``(A) In the case of a major party candidate, an amount
equal to the sum of--
``(i) if the excess described in paragraph (1)(C)
is not greater than 133\1/3\ percent of the general
election expenditure limit under section 502(b), an
amount equal to one-third of such limit applicable to
the eligible Senate candidate for the election; plus
``(ii) if such excess equals or exceeds 133\1/3\
percent but is less than 166\2/3\ percent of such
limit, an amount equal to one-third of such limit; plus
``(iii) if such excess equals or exceeds 166\2/3\
percent of such limit, an amount equal to one-third of
such limit.
``(B) In the case of an eligible Senate candidate who is
not a major party candidate, an amount equal to the least of
the following:
``(i) The allowable contributions of the eligible
Senate candidate during the applicable period in excess
of the threshold contribution requirement under section
501(e).
``(ii) 50 percent of the general election
expenditure limit applicable to the eligible Senate
candidate under section 502(b).
``(iii) The excess described in paragraph (1).
``(c) Waiver of Expenditure and Contribution Limits.--(1) An
eligible Senate candidate who receives payments under subsection (a)(3)
which are allocable to the independent expenditure or excess
expenditure amounts described in paragraphs (3) and (4) of subsection
(b) may make expenditures from such payments to defray expenditures for
the general election without regard to the general election expenditure
limit under section 502(b).
``(2)(A) An eligible Senate candidate who receives benefits under
this section may make expenditures for the general election without
regard to clause (i) of section 501(c)(1)(D) or subsection (a) or (b)
of section 502 if any one of the eligible Senate candidate's opponents
who is not an eligible Senate candidate either raises aggregate
contributions, or makes or becomes obligated to make aggregate
expenditures, for the general election that exceed 200 percent of the
general election expenditure limit applicable to the eligible Senate
candidate under section 502(b).
``(B) The amount of the expenditures which may be made by reason of
subparagraph (A) shall not exceed 100 percent of the general election
expenditure limit under section 502(b).
``(3)(A) A candidate who receives benefits under this section may
receive contributions for the general election without regard to clause
(iii) of section 501(c)(1)(D) if--
``(i) a major party candidate in the same general election
is not an eligible Senate candidate; or
``(ii) any other candidate in the same general election who
is not an eligible Senate candidate raises aggregate
contributions, or makes or becomes obligated to make aggregate
expenditures, for the general election that exceed 75 percent
of the general election expenditure limit applicable to such
other candidate under section 502(b).
``(B) The amount of contributions which may be received by reason
of subparagraph (A) shall not exceed 100 percent of the general
election expenditure limit under section 502(b).
``(d) Use of Payments.--Payments received by a candidate under
subsection (a)(3) shall be used to defray expenditures incurred with
respect to the general election period for the candidate. Such payments
shall not be used--
``(1) except as provided in paragraph (4), to make any
payments, directly or indirectly, to such candidate or to any
member of the immediate family of such candidate;
``(2) to make any expenditure other than expenditures to
further the general election of such candidate;
``(3) to make any expenditures which constitute a violation
of any law of the United States or of the State in which the
expenditure is made; or
``(4) subject to the provisions of section 315(k), to repay
any loan to any person except to the extent the proceeds of
such loan were used to further the general election of such
candidate.
``SEC. 504. CERTIFICATION BY COMMISSION.
``(a) In General.--(1) The Commission shall certify to any
candidate meeting the requirements of section 501 that such candidate
is an eligible Senate candidate entitled to benefits under this title.
The Commission shall revoke such certification if it determines a
candidate fails to continue to meet such requirements.
``(2) No later than 48 hours after an eligible Senate candidate
files a request with the Secretary of the Senate to receive benefits
under section 501, the Commission shall issue a certification stating
whether such candidate is eligible for payments under this title and
the amount of such payments to which such candidate is entitled. The
request referred to in the preceding sentence shall contain--
``(A) such information and be made in accordance with such
procedures as the Commission may provide by regulation; and
``(B) a verification signed by the candidate and the
treasurer of the principal campaign committee of such candidate
stating that the information furnished in support of the
request, to the best of their knowledge, is correct and fully
satisfies the requirements of this title.
``(b) Determinations by Commission.--All determinations (including
certifications under subsection (a)) made by the Commission under this
title shall be final and conclusive, except to the extent that they are
subject to examination and audit by the Commission under section 505
and judicial review under section 506.
``SEC. 505. EXAMINATION AND AUDITS; REPAYMENTS; CIVIL PENALTIES.
``(a) Examination and Audits.--(1) After each general election, the
Commission shall conduct an examination and audit of the campaign
accounts of 10 percent of all candidates for the office of United
States Senator to determine, among other things, whether such
candidates have complied with the expenditure limits and conditions of
eligibility of this title, and other requirements of this Act. Such
candidates shall be designated by the Commission through the use of an
appropriate statistical method of random selection. If the Commission
selects a candidate, the Commission shall examine and audit the
campaign accounts of all other candidates in the general election for
the office the selected candidate is seeking.
``(2) The Commission may conduct an examination and audit of the
campaign accounts of any candidate in a general election for the office
of United States Senator if the Commission determines that there exists
reason to believe that such candidate may have violated any provision
of this title.
``(b) Excess Payments; Revocation of Status.--(1) If the Commission
determines that payments were made to an eligible Senate candidate
under this title in excess of the aggregate amounts to which such
candidate was entitled, the Commission shall so notify such candidate,
and such candidate shall pay an amount equal to the excess.
``(2) If the Commission revokes the certification of a candidate as
an eligible Senate candidate under section 504(a)(1), the Commission
shall notify the candidate, and the candidate shall pay an amount equal
to the payments received under this title.
``(c) Misuse of Benefits.--If the Commission determines that any
amount of any benefit made available to an eligible Senate candidate
under this title was not used as provided for in this title, the
Commission shall so notify such candidate and such candidate shall pay
the amount of such benefit.
``(d) Excess Expenditures.--If the Commission determines that any
eligible Senate candidate who has received benefits under this title
has made expenditures which in the aggregate exceed--
``(1) the primary or runoff expenditure limit under section
501(d); or
``(2) the general election expenditure limit under section
502(b),
the Commission shall so notify such candidate and such candidate shall
pay an amount equal to the amount of the excess expenditures.
``(e) Civil Penalties for Excess Expenditures and Contributions.--
(1) If the Commission determines that a candidate has committed a
violation described in subsection (c), the Commission may assess a
civil penalty against such candidate in an amount not greater than 200
percent of the amount involved.
``(2)(A) Low Amount of Excess Expenditures.--Any eligible Senate
candidate who makes expenditures that exceed any limitation described
in paragraph (1) or (2) of subsection (d) by 2.5 percent or less shall
pay an amount equal to the amount of the excess expenditures.
``(B) Medium Amount of Excess Expenditures.--Any eligible Senate
candidate who makes expenditures that exceed any limitation described
in paragraph (1) or (2) of subsection (d) by more than 2.5 percent and
less than 5 percent shall pay an amount equal to three times the amount
of the excess expenditures.
``(C) Large Amount of Excess Expenditures.--Any eligible Senate
candidate who makes expenditures that exceed any limitation described
in paragraph (1) or (2) of subsection (d) by 5 percent or more shall
pay an amount equal to three times the amount of the excess
expenditures plus a civil penalty in an amount determined by the
Commission.
``(f) Unexpended Funds.--Any amount received by an eligible Senate
candidate under this title may be retained for a period not exceeding
120 days after the date of the general election for the liquidation of
all obligations to pay expenditures for the general election incurred
during the general election period. At the end of such 120-day period,
any unexpended funds received under this title shall be promptly
repaid.
``(g) Limit on Period for Notification.--No notification shall be
made by the Commission under this section with respect to an election
more than three years after the date of such election.
``(h) Deposits.--The Secretary shall deposit all payments received
under this section into the Senate Election Campaign Fund.
``SEC. 506. JUDICIAL REVIEW.
``(a) Judicial Review.--Any agency action by the Commission made
under the provisions of this title shall be subject to review by the
United States Court of Appeals for the District of Columbia Circuit
upon petition filed in such court within thirty days after the agency
action by the Commission for which review is sought. It shall be the
duty of the Court of Appeals, ahead of all matters not filed under this
title, to advance on the docket and expeditiously take action on all
petitions filed pursuant to this title.
``(b) Application of Title 5.--The provisions of chapter 7 of title
5, United States Code, shall apply to judicial review of any agency
action by the Commission.
``(c) Agency Action.--For purposes of this section, the term
`agency action' has the meaning given such term by section 551(13) of
title 5, United States Code.
``SEC. 507. PARTICIPATION BY COMMISSION IN JUDICIAL PROCEEDINGS.
``(a) Appearances.--The Commission is authorized to appear in and
defend against any action instituted under this section and under
section 506 either by attorneys employed in its office or by counsel
whom it may appoint without regard to the provisions of title 5, United
States Code, governing appointments in the competitive service, and
whose compensation it may fix without regard to the provisions of
chapter 51 and subchapter III of chapter 53 of such title.
``(b) Institution of Actions.--The Commission is authorized,
through attorneys and counsel described in subsection (a), to institute
actions in the district courts of the United States to seek recovery of
any amounts determined under this title to be payable to the Secretary.
``(c) Injunctive Relief.--The Commission is authorized, through
attorneys and counsel described in subsection (a), to petition the
courts of the United States for such injunctive relief as is
appropriate in order to implement any provision of this title.
``(d) Appeals.--The Commission is authorized on behalf of the
United States to appeal from, and to petition the Supreme Court for
certiorari to review, judgments or decrees entered with respect to
actions in which it appears pursuant to the authority provided in this
section.
``SEC. 508. REPORTS TO CONGRESS; REGULATIONS.
``(a) Reports.--The Commission shall, as soon as practicable after
each election, submit a full report to the Senate setting forth--
``(1) the expenditures (shown in such detail as the
Commission determines appropriate) made by each eligible Senate
candidate and the authorized committees of such candidate;
``(2) the amounts certified by the Commission under section
504 as benefits available to each eligible Senate candidate;
``(3) the amount of repayments, if any, required under
section 505 and the reasons for each repayment required; and
``(4) the balance in the Senate Election Campaign Fund, and
the balance in any account maintained by the Fund.
Each report submitted pursuant to this section shall be printed as a
Senate document.
``(b) Rules and Regulations.--The Commission is authorized to
prescribe such rules and regulations, in accordance with the provisions
of subsection (c), to conduct such examinations and investigations, and
to require the keeping and submission of such books, records, and
information, as it deems necessary to carry out the functions and
duties imposed on it by this title.
``(c) Statement to Senate.--Thirty days before prescribing any
rules or regulation under subsection (b), the Commission shall transmit
to the Senate a statement setting forth the proposed rule or regulation
and containing a detailed explanation and justification of such rule or
regulation.
``SEC. 509. PAYMENTS RELATING TO ELIGIBLE CANDIDATES.
``(a) Establishment of Campaign Fund.--(1) There is established on
the books of the Treasury of the United States a special fund to be
known as the `Senate Election Campaign Fund'.
``(2)(A) There are appropriated to the Fund for each fiscal year,
out of amounts in the general fund of the Treasury not otherwise
appropriated, amounts equal to--
``(i) any contributions by persons which are specifically
designated as being made to the Fund;
``(ii) amounts collected under section 505(h); and
``(iii) any other amounts that may be appropriated to or
deposited into the Fund under this title.
``(B) The Secretary of the Treasury shall, from time to time,
transfer to the Fund an amount not in excess of the amounts described
in subparagraph (A).
``(C) Amounts in the Fund shall remain available without fiscal
year limitation.
``(3) Amounts in the Fund shall be available only for the purposes
of--
``(A) making payments required under this title; and
``(B) making expenditures in connection with the
administration of the Fund.
``(4) The Secretary shall maintain such accounts in the Fund as may
be required by this title or which the Secretary determines to be
necessary to carry out the provisions of this title.
``(b) Payments Upon Certification.--Upon receipt of a certification
from the Commission under section 504, except as provided in subsection
(d), the Secretary shall promptly pay the amount certified by the
Commission to the candidate out of the Senate Election Campaign Fund.
``(c) Reductions in Payments if Funds Insufficient.--(1) If, at the
time of a certification by the Commission under section 504 for payment
to an eligible candidate, the Secretary determines that the monies in
the Senate Election Campaign Fund are not, or may not be, sufficient to
satisfy the full entitlement of all eligible candidates, the Secretary
shall withhold from the amount of such payment such amount as the
Secretary determines to be necessary to assure that each eligible
candidate will receive the same pro rata share of such candidate's full
entitlement.
``(2) Amounts withheld under subparagraph (A) shall be paid when
the Secretary determines that there are sufficient monies in the Fund
to pay all, or a portion thereof, to all eligible candidates from whom
amounts have been withheld, except that if only a portion is to be
paid, it shall be paid in such manner that each eligible candidate
receives an equal pro rata share of such portion.
``(3)(A) Not later than December 31 of any calendar year preceding
a calendar year in which there is a regularly scheduled general
election, the Secretary, after consultation with the Commission, shall
make an estimate of--
``(i) the amount of monies in the fund which will be
available to make payments required by this title in the
succeeding calendar year; and
``(ii) the amount of payments which will be required under
this title in such calendar year.
``(B) If the Secretary determines that there will be insufficient
monies in the fund to make the payments required by this title for any
calendar year, the Secretary shall notify each candidate on January 1
of such calendar year (or, if later, the date on which an individual
becomes a candidate) of the amount which the Secretary estimates will
be the pro rata reduction in each eligible candidate's payments under
this subsection. Such notice shall be by registered mail.
``(C) The amount of the eligible candidate's contribution limit
under section 501(c)(1)(D)(iii) shall be increased by the amount of the
estimated pro rata reduction.
``(4) The Secretary shall notify the Commission and each eligible
candidate by registered mail of any actual reduction in the amount of
any payment by reason of this subsection. If the amount of the
reduction exceeds the amount estimated under paragraph (3), the
candidate's contribution limit under section 501(c)(1)(D)(iii) shall be
increased by the amount of such excess.''.
(2) Effective dates.--(A) Except as provided in this
paragraph, the amendment made by paragraph (1) shall apply to
elections occurring after December 31, 1995.
(B) For purposes of any expenditure or contribution limit
imposed by the amendment made by paragraph (1)--
(i) no expenditure made before January 1, 1996,
shall be taken into account, except that there shall be
taken into account any such expenditure for goods or
services to be provided after such date; and
(ii) all cash, cash items, and Government
securities on hand as of January 1, 1996, shall be
taken into account in determining whether the
contribution limit is met, except that there shall not
be taken into account amounts used during the 60-day
period beginning on January 1, 1996, to pay for
expenditures which were incurred (but unpaid) before
such date.
(3) Effect of invalidity on other provisions of act.--If
section 501, 502, or 503 of title V of FECA (as added by this
section), or any part thereof, is held to be invalid, all
provisions of, and amendments made by, this Act shall be
treated as invalid.
(b) Provisions To Facilitate Voluntary Contributions to Senate
Election Campaign Fund.--
(1) General rule.--Part VIII of subchapter A of chapter 61
of the Internal Revenue Code of 1986 (relating to returns and
records) is amended by adding at the end the following:
``Subpart B--Designation of Additional Amounts to Senate Election
Campaign Fund
``Sec. 6097. Designation of additional
amounts.
``SEC. 6097. DESIGNATION OF ADDITIONAL AMOUNTS.
``(a) General Rule.--Every individual (other than a nonresident
alien) who files an income tax return for any taxable year may
designate an additional amount equal to $5 ($10 in the case of a joint
return) to be paid over to the Senate Election Campaign Fund.
``(b) Manner and Time of Designation.--A designation under
subsection (a) may be made for any taxable year only at the time of
filing the income tax return for the taxable year. Such designation
shall be made on the page bearing the taxpayer's signature.
``(c) Treatment of Additional Amounts.--Any additional amount
designated under subsection (a) for any taxable year shall, for all
purposes of law, be treated as an additional income tax imposed by
chapter 1 for such taxable year.
``(d) Income Tax Return.--For purposes of this section, the term
`income tax return' means the return of the tax imposed by chapter
1.''.
(2) Conforming amendments.--(A) Part VIII of subchapter A
of chapter 61 of such Code is amended by striking the heading
and inserting:
``PART VIII--DESIGNATION OF AMOUNTS TO ELECTION CAMPAIGN FUNDS
``Subpart A. Presidential Election
Campaign Fund.
``Subpart B. Designation of additional
amounts to Senate Election
Campaign Fund.
``Subpart A--Presidential Election Campaign Fund''.
(B) The table of parts for subchapter A of chapter 61 of
such Code is amended by striking the item relating to part VIII
and inserting:
``Part VIII. Designation of amounts to
election campaign funds.''
(3) Effective date.--The amendments made by this section
shall apply to taxable years beginning after December 31, 1995.
SEC. 102. BAN ON ACTIVITIES OF POLITICAL ACTION COMMITTEES IN FEDERAL
ELECTIONS.
(a) In General.--Title III of FECA (2 U.S.C. 431 et seq.), is
amended by adding at the end thereof the following new section:
``ban on federal election activities by political action committees
``Sec. 323. (a) Notwithstanding any other provision of this Act, no
person other than an individual or a political committee may make
contributions, solicit or receive contributions, or make expenditures
for the purpose of influencing an election for Federal office.
``(b) In the case of individuals who are executive or
administrative personnel of an employer--
``(1) no contributions may be made by such individuals--
``(A) to any political committees established and
maintained by any political party; or
``(B) to any candidate for nomination for election,
or election, to Federal office or the candidate's
authorized committees,
unless such contributions are not being made at the direction
of, or otherwise controlled or influenced by, the employer; and
``(2) the aggregate amount of such contributions by all
such individuals in any calendar year shall not exceed--
``(A) $20,000 in the case of such political
committees; and
``(B) $5,000 in the case of any such candidate and
the candidate's authorized committees.''.
(b) Definition of Political Committee.--(1) Paragraph (4) of
section 301 of FECA (2 U.S.C. 431(4)) is amended to read as follows:
``(4) The term `political committee' means--
``(A) the principal campaign committee of a
candidate;
``(B) any national, State, or district committee of
a political party, including any subordinate committee
thereof; and
``(C) any local committee of a political party
which--
``(i) receives contributions aggregating in
excess of $5,000 during a calendar year;
``(ii) makes payments exempted from the
definition of contribution or expenditure under
paragraph (8) or (9) aggregating in excess of
$5,000 during a calendar year;
``(iii) makes contributions or expenditures
aggregating in excess of $1,000 during a
calendar year; or
``(D) any committee described in section
315(a)(8)(D)(i)(III).''.
(2) Section 316(b)(2) of FECA (2 U.S.C. 441b(b)(2)) is amended by
striking subparagraph (C).
(c) Candidate's Committees.--(1) Section 315(a) of FECA (2 U.S.C.
441a(a)) is amended by adding at the end thereof the following new
paragraph:
``(9) For the purposes of the limitations provided by paragraphs
(1) and (2), any political committee which is established or financed
or maintained or controlled by any candidate or Federal officeholder
shall be deemed to be an authorized committee of such candidate or
officeholder. Nothing in this paragraph shall be construed to permit
the establishment, financing, maintenance, or control of any committee
which is prohibited by paragraph (3) or (6) of section 302(e).''.
(2) Section 302(e)(3) of FECA (2 U.S.C. 432) is amended to read as
follows:
``(3) No political committee that supports or has supported more
than one candidate may be designated as an authorized committee, except
that--
``(A) a candidate for the office of President nominated by
a political party may designate the national committee of such
political party as the candidate's principal campaign
committee, but only if that national committee maintains
separate books of account with respect to its functions as a
principal campaign committee; and
``(B) a candidate may designate a political committee
established solely for the purpose of joint fundraising by such
candidates as an authorized committee.''.
(d) Rules Applicable When Ban Not in Effect.--For purposes of the
Federal Election Campaign Act of 1971, during any period beginning
after the effective date in which the limitation under section 323 of
such Act (as added by subsection (a)) is not in effect--
(1) the amendments made by subsections (a), (b), and (c)
shall not be in effect;
(2) in the case of a candidate for election, or nomination
for election, to Federal office (and such candidate's
authorized committees), section 315(a)(2)(A) of FECA (2 U.S.C.
441a(a)(2)(A)) shall be applied by substituting ``$1,000'' for
``$5,000'';
(3) it shall be unlawful for a multicandidate political
committee to make a contribution to a candidate for election,
or nomination for election, to Federal office (or an authorized
committee) to the extent that the making or accepting of the
contribution will cause the amount of contributions received by
the candidate and the candidate's authorized committees from
multicandidate political committees to exceed the lesser of--
(A) $825,000; or
(B) 20 percent of the aggregate Federal election
spending limits applicable to the candidate for the
election cycle.
The $825,000 amount in paragraph (3) shall be increased as of
the beginning of each calendar year based on the increase in
the price index determined under section 315(c) of FECA, except
that for purposes of paragraph (3), the base period shall be
the calendar year 1996. A candidate or authorized committee
that receives a contribution from a multicandidate political
committee in excess of the amount allowed under paragraph (3)
shall return the amount of such excess contribution to the
contributor.
(e) Rule Ensuring Prohibition on Direct Corporate and Labor
Spending.--If section 316(a) of the Federal Election Campaign Act of
1971 is held to be invalid by reason of the amendments made by this
section, then the amendments made by subsections (a), (b), and (c) of
this section shall not apply to contributions by any political
committee that is directly or indirectly established, administered, or
supported by a connected organization which is a bank, corporation, or
other organization described in such section 316(a).
(f) Restrictions on Contributions to Political Committees.--
Paragraphs (1)(C) and (2)(C) of section 315(a) of FECA (2 U.S.C.
441a(a) (1)(D) and (2)(D)) are each amended by striking ``$5,000'' and
inserting ``$1,000''.
(g) Effective Dates.--(1) Except as provided in paragraph (2), the
amendments made by this section shall apply to elections (and the
election cycles relating thereto) occurring after December 31, 1996.
(2) In applying the amendments made by this section, there shall
not be taken into account--
(A) contributions made or received before January 1, 1996;
or
(B) contributions made to, or received by, a candidate on
or after January 1, 1996, to the extent such contributions are
not greater than the excess (if any) of--
(i) such contributions received by any opponent of
the candidate before January 1, 1996, over
(ii) such contributions received by the candidate
before January 1, 1996.
SEC. 103. REPORTING REQUIREMENTS.
Title III of FECA is amended by inserting after section 304 the
following new section:
``reporting requirements for senate candidates
``Sec. 304A. (a) Candidate Other Than Eligible Senate Candidate.--
(1) Each candidate for the office of United States Senator who does not
file a certification with the Secretary of the Senate under section
501(c) shall file with the Secretary of the Senate a declaration as to
whether such candidate intends to make expenditures for the general
election in excess of the general election expenditure limit applicable
to an eligible Senate candidate under section 502(b). Such declaration
shall be filed at the time provided in section 501(c)(2).
``(2) Any candidate for the United States Senate who qualifies for
the ballot for a general election--
``(A) who is not an eligible Senate candidate under section
501; and
``(B) who either raises aggregate contributions, or makes
or obligates to make aggregate expenditures, for the general
election which exceed 75 percent of the general election
expenditure limit applicable to an eligible Senate candidate
under section 502(b),
shall file a report with the Secretary of the Senate within 24 hours
after such contributions have been raised or such expenditures have
been made or obligated to be made (or, if later, within 24 hours after
the date of qualification for the general election ballot), setting
forth the candidate's total contributions and total expenditures for
such election as of such date. Thereafter, such candidate shall file
additional reports (until such contributions or expenditures exceed 200
percent of such limit) with the Secretary of the Senate within 24 hours
after each time additional contributions are raised, or expenditures
are made or are obligated to be made, which in the aggregate exceed an
amount equal to 10 percent of such limit and after the total
contributions or expenditures exceed 133\1/3\, 166\2/3\, and 200
percent of such limit.
``(3) The Commission--
``(A) shall, within 24 hours of receipt of a declaration or
report under paragraph (1) or (2), notify each eligible Senate
candidate in the election involved about such declaration or
report; and
``(B) if an opposing candidate has raised aggregate
contributions, or made or has obligated to make aggregate
expenditures, in excess of the applicable general election
expenditure limit under section 502(b), shall certify, pursuant
to the provisions of subsection (d), such eligibility for
payment of any amount to which such eligible Senate candidate
is entitled under section 503(a).
``(4) Notwithstanding the reporting requirements under this
subsection, the Commission may make its own determination that a
candidate in a general election who is not an eligible Senate candidate
has raised aggregate contributions, or made or has obligated to make
aggregate expenditures, in the amounts which would require a report
under paragraph (2). The Commission shall, within 24 hours after making
each such determination, notify each eligible Senate candidate in the
general election involved about such determination, and shall, when
such contributions or expenditures exceed the general election
expenditure limit under section 502(b), certify (pursuant to the
provisions of subsection (d)) such candidate's eligibility for payment
of any amount under section 503(a).
``(b) Reports on Personal Funds.--(1) Any candidate for the United
States Senate who during the election cycle expends more than the
limitation under section 502(a) during the election cycle from his
personal funds, the funds of his immediate family, and personal loans
incurred by the candidate and the candidate's immediate family shall
file a report with the Secretary of the Senate within 24 hours after
such expenditures have been made or loans incurred.
``(2) The Commission within 24 hours after a report has been filed
under paragraph (1) shall notify each eligible Senate candidate in the
election involved about each such report.
``(3) Notwithstanding the reporting requirements under this
subsection, the Commission may make its own determination that a
candidate for the United States Senate has made expenditures in excess
of the amount under paragraph (1). The Commission within 24 hours after
making such determination shall notify each eligible Senate candidate
in the general election involved about each such determination.
``(c) Candidates for Other Offices.--(1) Each individual--
``(A) who becomes a candidate for the office of United
States Senator;
``(B) who, during the election cycle for such office, held
any other Federal, State, or local office or was a candidate
for such other office; and
``(C) who expended any amount during such election cycle
before becoming a candidate for the office of United States
Senator which would have been treated as an expenditure if such
individual had been such a candidate, including amounts for
activities to promote the image or name recognition of such
individual,
shall, within 7 days of becoming a candidate for the office of United
States Senator, report to the Secretary of the Senate the amount and
nature of such expenditures.
``(2) Paragraph (1) shall not apply to any expenditures in
connection with a Federal, State, or local election which has been held
before the individual becomes a candidate for the office of United
States Senator.
``(3) The Commission shall, as soon as practicable, make a
determination as to whether the amounts included in the report under
paragraph (1) were made for purposes of influencing the election of the
individual to the office of United States Senator.
``(d) Certifications.--Notwithstanding section 505(a), the
certification required by this section shall be made by the Commission
on the basis of reports filed in accordance with the provisions of this
Act, or on the basis of such Commission's own investigation or
determination.
``(e) Copies of Reports and Public Inspection.--The Secretary of
the Senate shall transmit a copy of any report or filing received under
this section or of title V (whenever a 24-hour response is required of
the Commission) as soon as possible (but no later than 4 working hours
of the Commission) after receipt of such report or filing, and shall
make such report or filing available for public inspection and copying
in the same manner as the Commission under section 311(a)(4), and shall
preserve such reports and filings in the same manner as the Commission
under section 311(a)(5).
``(f) Definitions.--For purposes of this section, any term used in
this section which is used in title V shall have the same meaning as
when used in title V.''.
SEC. 104. DISCLOSURE BY NONELIGIBLE CANDIDATES.
Section 318 of FECA (2 U.S.C. 441d), as amended by section 133, is
amended by adding at the end thereof the following:
``(e) If a broadcast, cablecast, or other communication is paid for
or authorized by a candidate in the general election for the office of
United States Senator who is not an eligible Senate candidate, or the
authorized committee of such candidate, such communication shall
contain the following sentence: `This candidate has not agreed to
voluntary campaign spending limits.'.''.
Subtitle B--General Provisions
SEC. 131. BROADCAST RATES AND PREEMPTION.
(a) Broadcast Rates.--Section 315(b) of the Communications Act of
1934 (47 U.S.C. 315(b)) is amended--
(1) in paragraph (1)--
(A) by striking ``forty-five'' and inserting
``30'';
(B) by striking ``sixty'' and inserting ``45''; and
(C) by striking ``lowest unit charge of the station
for the same class and amount of time for the same
period'' and inserting ``lowest charge of the station
for the same amount of time for the same period on the
same date''; and
(2) by adding at the end the following new sentence:
``In the case of an eligible Senate candidate (as defined in section
301(19) of the Federal Election Campaign Act of 1971), the charges
during the general election period (as defined in section 301(21) of
such Act) shall not exceed 50 percent of the lowest charge described in
paragraph (1).''.
(b) Preemption; Access.--Section 315 of the Communications Act of
1934 (47 U.S.C. 315) is amended by redesignating subsections (c) and
(d) as subsections (e) and (f), respectively, and by inserting
immediately after subsection (b) the following new subsection:
``(c)(1) Except as provided in paragraph (2), a licensee shall not
preempt the use, during any period specified in subsection (b)(1), of a
broadcasting station by a legally qualified candidate for public office
who has purchased and paid for such use pursuant to the provisions of
subsection (b)(1).
``(2) If a program to be broadcast by a broadcasting station is
preempted because of circumstances beyond the control of the
broadcasting station, any candidate advertising spot scheduled to be
broadcast during that program may also be preempted.
``(d) In the case of a legally qualified candidate for the United
States Senate, a licensee shall provide broadcast time without regard
to the rates charged for the time.''.
SEC. 132. EXTENSION OF REDUCED THIRD-CLASS MAILING RATES TO ELIGIBLE
SENATE CANDIDATES.
Section 3626(e) of title 39, United States Code, is amended--
(1) in paragraph (2)(A)--
(A) by striking ``and the National'' and inserting
``the National''; and
(B) by striking ``Committee;'' and inserting
``Committee, and, subject to paragraph (3), the
principal campaign committee of an eligible House of
Representatives or Senate candidate;'';
(2) in paragraph (2)(B), by striking ``and'' after the
semicolon;
(3) in paragraph (2)(C), by striking the period and
inserting ``; and'';
(4) by adding after paragraph (2)(C) the following new
subparagraph:
``(D) The terms `eligible Senate candidate' and `principal
campaign committee' have the meanings given those terms in
section 301 of the Federal Election Campaign Act of 1971.'';
and
(5) by adding after paragraph (2) the following new
paragraph:
``(3) The rate made available under this subsection with respect to
an eligible Senate candidate shall apply only to--
``(A) the general election period (as defined in section
301 of the Federal Election Campaign Act of 1971); and
``(B) that number of pieces of mail equal to the number of
individuals in the voting age population (as certified under
section 315(e) of such Act) of the congressional district or
State, whichever is applicable.''.
SEC. 133. REPORTING REQUIREMENTS FOR CERTAIN INDEPENDENT EXPENDITURES.
Section 304(c) of FECA (2 U.S.C. 434(c)) is amended--
(1) in paragraph (2), by striking out the undesignated
matter after subparagraph (C);
(2) by redesignating paragraph (3) as paragraph (5); and
(3) by inserting after paragraph (2), as amended by
paragraph (1), the following new paragraphs:
``(3)(A) Any independent expenditure (including those described in
subsection (b)(6)(B)(iii) of this section) aggregating $1,000 or more
made after the 20th day, but more than 24 hours, before any election
shall be reported within 24 hours after such independent expenditure is
made.
``(B) Any independent expenditure aggregating $10,000 or more made
at any time up to and including the 20th day before any election shall
be reported within 48 hours after such independent expenditure is made.
An additional statement shall be filed each time independent
expenditures aggregating $10,000 are made with respect to the same
election as the initial statement filed under this section.
``(C) Such statement shall be filed with the Secretary of the
Senate and the Secretary of State of the State involved and shall
contain the information required by subsection (b)(6)(B)(iii) of this
section, including whether the independent expenditure is in support
of, or in opposition to, the candidate involved. The Secretary of the
Senate shall as soon as possible (but not later than 4 working hours of
the Commission) after receipt of a statement transmit it to the
Commission. Not later than 48 hours after the Commission receives a
report, the Commission shall transmit a copy of the report to each
candidate seeking nomination or election to that office.
``(D) For purposes of this section, the term `made' includes any
action taken to incur an obligation for payment.
``(4)(A) If any person intends to make independent expenditures
totaling $5,000 during the 20 days before an election, such person
shall file a statement no later than the 20th day before the election.
``(B) Such statement shall be filed with the Secretary of the
Senate and the Secretary of State of the State involved, and shall
identify each candidate whom the expenditure will support or oppose.
The Secretary of the Senate shall as soon as possible (but not later
than 4 working hours of the Commission) after receipt of a statement
transmit it to the Commission. Not later than 48 hours after the
Commission receives a statement under this paragraph, the Commission
shall transmit a copy of the statement to each candidate identified.
``(5) The Commission may make its own determination that a person
has made, or has incurred obligations to make, independent expenditures
with respect to any Federal election which in the aggregate exceed the
applicable amounts under paragraph (3) or (4). The Commission shall
notify each candidate in such election of such determination within 24
hours of making it.
``(6) At the same time as a candidate is notified under paragraph
(3), (4), or (5) with respect to expenditures during a general election
period, the Commission shall certify eligibility to receive benefits
under section 504(a) or section 604(b).
``(7) The Secretary of the Senate shall make any statement received
under this subsection available for public inspection and copying in
the same manner as the Commission under section 311(a)(4), and shall
preserve such statements in the same manner as the Commission under
section 311(a)(5).''
SEC. 134. CAMPAIGN ADVERTISING AMENDMENTS.
Section 318 of FECA (2 U.S.C. 441d) is amended--
(1) in the matter before paragraph (1) of subsection (a),
by striking ``an expenditure'' and inserting ``a
disbursement'';
(2) in the matter before paragraph (1) of subsection (a),
by striking ``direct'';
(3) in paragraph (3) of subsection (a), by inserting after
``name'' the following ``and permanent street address''; and
(4) by adding at the end the following new subsections:
``(c) Any printed communication described in subsection (a) shall
be--
``(1) of sufficient type size to be clearly readable by the
recipient of the communication;
``(2) contained in a printed box set apart from the other
contents of the communication; and
``(3) consist of a reasonable degree of color contrast
between the background and the printed statement.
``(d)(1) Any broadcast or cablecast communication described in
subsection (a)(1) or subsection (a)(2) shall include, in addition to
the requirements of those subsections an audio statement by the
candidate that identifies the candidate and states that the candidate
has approved the communication.
``(2) If a broadcast or cablecast communication described in
paragraph (1) is broadcast or cablecast by means of television, the
statement required by paragraph (1) shall--
``(A) appear in a clearly readable manner with a reasonable
degree of color contrast between the background and the printed
statement, for a period of at least 4 seconds; and
``(B) be accompanied by a clearly identifiable photographic
or similar image of the candidate.
``(e) Any broadcast or cablecast communication described in
subsection (a)(3) shall include, in addition to the requirements of
those subsections, in a clearly spoken manner, the following
statement--
` is responsible for the content of this
advertisement.'
with the blank to be filled in with the name of the political committee
or other person paying for the communication and the name of any
connected organization of the payor; and, if broadcast or cablecast by
means of television, shall also appear in a clearly readable manner
with a reasonable degree of color contrast between the background and
the printed statement, for a period of at least 4 seconds.''.
SEC. 135. DEFINITIONS.
(a) In General.--Section 301 of FECA (2 U.S.C. 431) is amended by
striking paragraph (19) and inserting the following new paragraphs:
``(19) The term `eligible Senate candidate' means a candidate who
is eligible under section 502 to receive benefits under title V.
``(20) The term `general election' means any election which will
directly result in the election of a person to a Federal office, but
does not include an open primary election.
``(21) The term `general election period' means, with respect to
any candidate, the period beginning on the day after the date of the
primary or runoff election for the specific office the candidate is
seeking, whichever is later, and ending on the earlier of--
``(A) the date of such general election; or
``(B) the date on which the candidate withdraws from the
campaign or otherwise ceases actively to seek election.
``(22) The term `immediate family' means--
``(A) a candidate's spouse;
``(B) a child, stepchild, parent, grandparent, brother,
half-brother, sister or half-sister of the candidate or the
candidate's spouse; and
``(C) the spouse of any person described in subparagraph
(B).
``(23) The term `major party' has the meaning given such term in
section 9002(6) of the Internal Revenue Code of 1986, except that if a
candidate qualified under State law for the ballot in a general
election in an open primary in which all the candidates for the office
participated and which resulted in the candidate and at least one other
candidate qualifying for the ballot in the general election, such
candidate shall be treated as a candidate of a major party for purposes
of title V.
``(24) The term `primary election' means an election which may
result in the selection of a candidate for the ballot in a general
election for a Federal office.
``(25) The term `primary election period' means, with respect to
any candidate, the period beginning on the day following the date of
the last election for the specific office the candidate is seeking and
ending on the earlier of--
``(A) the date of the first primary election for that
office following the last general election for that office; or
``(B) the date on which the candidate withdraws from the
election or otherwise ceases actively to seek election.
``(26) The term `runoff election' means an election held after a
primary election which is prescribed by applicable State law as the
means for deciding which candidate will be on the ballot in the general
election for a Federal office.
``(27) The term `runoff election period' means, with respect to any
candidate, the period beginning on the day following the date of the
last primary election for the specific office such candidate is seeking
and ending on the date of the runoff election for such office.
``(28) The term `voting age population' means the resident
population, 18 years of age or older, as certified pursuant to section
315(e).
``(29) The term `election cycle' means--
``(A) in the case of a candidate or the authorized
committees of a candidate, the term beginning on the day after
the date of the most recent general election for the specific
office or seat which such candidate seeks and ending on the
date of the next general election for such office or seat; or
``(B) for all other persons, the term beginning on the
first day following the date of the last general election and
ending on the date of the next general election.
``(30) The terms `Senate Election Campaign Fund' and `Fund' mean
the Senate Election Campaign Fund established under section 509.
``(31) The term `lobbyist' means--
``(A) a person required to register under section 308 of
the Federal Regulation of Lobbying Act (2 U.S.C. 267) or the
Foreign Agents Registration Act of 1938 (22 U.S.C. 611 et
seq.); and
``(B) a person who receives compensation in return for
having contact with Congress on any legislative matter.''.
(b) Identification.--Section 301(13) of FECA (2 U.S.C. 431(13)) is
amended by striking ``mailing address'' and inserting ``permanent
residence address''.
SEC. 136. PROVISIONS RELATING TO FRANKED MASS MAILINGS.
(a) Mass Mailings of Senators.--Section 3210(a)(6) of title 39,
United States Code, is amended--
(1) in subparagraph (A), by striking ``It is the intent of
Congress that a Member of, or a Member-elect to, Congress'' and
inserting ``A Member of, or Member-elect to, the House''; and
(2) in subparagraph (C)--
(A) by striking ``if such mass mailing is
postmarked fewer than 60 days immediately before the
date'' and inserting ``if such mass mailing is
postmarked during the calendar year''; and
(B) by inserting ``or reelection'' immediately
before the period.
(b) Mass Mailings of House Members.--Section 3210 of title 39,
United States Code, is amended--
(1) in subsection (a)(7) by striking ``, except that--''
and all that follows through the end of subparagraph (B) and
inserting a period; and
(2)insubsection(d)(1)bystriking``delivery--''
and all that follows through the end of subparagraph (B) and
inserting ``delivery within that area constituting the
congressional district or State from which the Member was
elected.''.
(c) Prohibition on Use of Official Funds.--The Committee on House
Administration of the House of Representatives may not approve any
payment, nor may a Member of the House of Representatives make any
expenditure from, any allowance of the House of Representatives or any
other official funds if any portion of the payment or expenditure is
for any cost related to a mass mailing by a Member of the House of
Representatives outside the congressional district of the Member.
TITLE II--INDEPENDENT EXPENDITURES
SEC. 201. CLARIFICATION OF DEFINITIONS RELATING TO INDEPENDENT
EXPENDITURES.
(a) Independent Expenditure Definition Amendment.--Section 301 of
FECA (2 U.S.C. 431) is amended by striking paragraphs (17) and (18) and
inserting the following:
``(17)(A) The term `independent expenditure' means an expenditure
for an advertisement or other communication that--
``(i) contains express advocacy; and
``(ii) is made without the participation or cooperation of
a candidate or a candidate's representative.
``(B) The following shall not be considered an independent
expenditure:
``(i) An expenditure made by a political committee of a
political party.
``(ii) An expenditure made by a person who, during the
election cycle, has communicated with or received information
from a candidate or a representative of that candidate
regarding activities that have the purpose of influencing that
candidate's election to Federal office, where the expenditure
is in support of that candidate or in opposition to another
candidate for that office.
``(iii) An expenditure if there is any arrangement,
coordination, or direction with respect to the expenditure
between the candidate or the candidate's agent and the person
making the expenditure.
``(iv) An expenditure if, in the same election cycle, the
person making the expenditure is or has been--
``(I) authorized to raise or expend funds on behalf
of the candidate or the candidate's authorized
committees; or
``(II) serving as a member, employee, or agent of
the candidate's authorized committees in an executive
or policymaking position.
``(v) An expenditure if the person making the expenditure
has advised or counseled the candidate or the candidate's
agents at any time on the candidate's plans, projects, or needs
relating to the candidate's pursuit of nomination for election,
or election, to Federal office, in the same election cycle,
including any advice relating to the candidate's decision to
seek Federal office.
``(vi) An expenditure if the person making the expenditure
retains the professional services of any individual or other
person also providing those services in the same election cycle
to the candidate in connection with the candidate's pursuit of
nomination for election, or election, to Federal office,
including any services relating to the candidate's decision to
seek Federal office.
``(vii) An expenditure if the person making the expenditure
has consulted at any time during the same election cycle about
the candidate's plans, projects, or needs relating to the
candidate's pursuit of nomination for election, or election, to
Federal office, with--
``(I) any officer, director, employee or agent of a
party committee that has made or intends to make
expenditures or contributions, pursuant to subsections
(a), (d), or (h) of section 315 in connection with the
candidate's campaign; or
``(II) any person whose professional services have
been retained by a political party committee that has
made or intends to make expenditures or contributions
pursuant to subsections (a), (d), or (h) of section 315
in connection with the candidate's campaign.
For purposes of this subparagraph, the person making the expenditure
shall include any officer, director, employee, or agent of such person.
``(18) The term `express advocacy' means, when a communication is
taken as a whole, an expression of support for or opposition to a
specific candidate, to a specific group of candidates, or to candidates
of a particular political party, or a suggestion to take action with
respect to an election, such as to vote for or against, make
contributions to, or participate in campaign activity.''.
(b) Contribution Definition Amendment.--Section 301(8)(A) of FECA
(2 U.S.C. 431(8)(A)) is amended--
(1) in clause (i), by striking ``or'' after the semicolon
at the end;
(2) in clause (ii), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following new clause:
``(iii) any payment or other transaction referred to in
paragraph (17)(A)(i) that does not qualify as an independent
expenditure under paragraph (17)(A)(ii).''.
TITLE III--EXPENDITURES
Subtitle A--Personal Loans; Credit
SEC. 301. PERSONAL CONTRIBUTIONS AND LOANS.
Section 315 of FECA (2 U.S.C. 441a) is amended by adding at the end
the following new subsection:
``(i) Limitations on Payments to Candidates.--(1) If a candidate or
a member of the candidate's immediate family made any loans to the
candidate or to the candidate's authorized committees during any
election cycle, no contributions after the date of the general election
for such election cycle may be used to repay such loans.
``(2) No contribution by a candidate or member of the candidate's
immediate family may be returned to the candidate or member other than
as part of a pro rata distribution of excess contributions to all
contributors.''.
SEC. 302. EXTENSIONS OF CREDIT.
Section 301(8)(A) of FECA (2 U.S.C. 431(8)(A)), as amended by
section 201(b), is amended--
(1) by striking ``or'' at the end of clause (ii);
(2) by striking the period at the end of clause (iii) and
inserting ``; or''; and
(3) by inserting at the end the following new clause:
``(iv) with respect to a candidate and the
candidate's authorized committees, any extension of
credit for goods or services relating to advertising on
broadcasting stations, in newspapers or magazines, or
by mailings, or relating to other similar types of
general public political advertising, if such extension
of credit is--
``(I) in an amount of more than $1,000; and
``(II) for a period greater than the
period, not in excess of 60 days, for which
credit is generally extended in the normal
course of business after the date on which such
goods or services are furnished or the date of
the mailing in the case of advertising by a
mailing.''.
Subtitle B--Provisions Relating to Soft Money of Political Parties
SEC. 311. REPORTING REQUIREMENTS.
(a) Reporting Requirements.--Section 304 of FECA (2 U.S.C. 434), as
amended by section 133(a), is amended by adding at the end thereof the
following new subsection:
``(e) Political Committees.--(1) The national committee of a
political party and any congressional campaign committee of a political
party, and any subordinate committee of either, shall report all
receipts and disbursements during the reporting period, whether or not
in connection with an election for Federal office.
``(2) Any political committee to which paragraph (1) does not apply
shall report any receipts or disbursements which are used in connection
with a Federal election.
``(3) If a political committee has receipts or disbursements to
which this subsection applies from any person aggregating in excess of
$200 for any calendar year, the political committee shall separately
itemize its reporting for such person in the same manner as under
subsection (b) (3)(A), (5), or (6).
``(4) Reports required to be filed by this subsection shall be
filed for the same time periods required for political committees under
subsection (a).''.
(b) Report of Exempt Contributions.--Section 301(8) of the Federal
Election Campaign Act of 1971 (2 U.S.C. 431(8)) is amended by inserting
at the end thereof the following:
``(C) The exclusion provided in clause (viii) of
subparagraph (B) shall not apply for purposes of any
requirement to report contributions under this Act, and
all such contributions aggregating in excess of $200
shall be reported.''.
(c) Reports by State Committees.--Section 304 of FECA (2 U.S.C.
434), as amended by subsection (a), is amended by adding at the end
thereof the following new subsection:
``(f) Filing of State Reports.--In lieu of any report required to
be filed by this Act, the Commission may allow a State committee of a
political party to file with the Commission a report required to be
filed under State law if the Commission determines such reports contain
substantially the same information.''.
(d) Other Reporting Requirements.--
(1) Authorized committees.--Paragraph (4) of section 304(b)
of FECA (2 U.S.C. 434(b)(4)) is amended by striking ``and'' at
the end of subparagraph (H), by inserting ``and'' at the end of
subparagraph (I), and by adding at the end the following new
subparagraph:
``(J) in the case of an authorized committee,
disbursements for the primary election, the general
election, and any other election in which the candidate
participates;''.
(2) Names and addresses.--Subparagraph (A) of section
304(b)(5) of FECA (2 U.S.C. 434(b)(5)(A)) is amended--
(A) by striking ``within the calendar year'', and
(B) by inserting ``, and the election to which the
operating expenditure relates'' after ``operating
expenditure''.
TITLE IV--CONTRIBUTIONS
SEC. 401. CONTRIBUTIONS THROUGH INTERMEDIARIES AND CONDUITS;
PROHIBITION ON CERTAIN CONTRIBUTIONS BY LOBBYISTS.
(a) Contributions Through Intermediaries and Conduits.--Section
315(a)(8) of FECA (2 U.S.C. 441a(a)(8)) is amended to read as follows:
``(8) For the purposes of this subsection:
``(A) Contributions made by a person, either directly or
indirectly, to or on behalf of a particular candidate,
including contributions that are in any way earmarked or
otherwise directed through an intermediary or conduit to a
candidate, shall be treated as contributions from the person to
the candidate.
``(B) Contributions made directly or indirectly by a person
to or on behalf of a particular candidate through an
intermediary or conduit, including contributions made or
arranged to be made by an intermediary or conduit, shall be
treated as contributions from the intermediary or conduit to
the candidate if--
``(i) the contributions made through the
intermediary or conduit are in the form of a check or
other negotiable instrument made payable to the
intermediary or conduit rather than the intended
recipient; or
``(ii) the intermediary or conduit is--
``(I) a political committee;
``(II) an officer, employee, or agent of
such a political committee;
``(III) a political party;
``(IV) a partnership or sole
proprietorship;
``(V) a person who is required to register
or to report its lobbying activities, or a
lobbyist whose activities are required to be
reported, under section 308 of the Federal
Regulation of Lobbying Act (2 U.S.C. 267), the
Foreign Agents Registration Act of 1938 (22
U.S.C. 611 et seq.), or any successor Federal
law requiring a person who is a lobbyist or
foreign agent to register or a person to report
its lobbying activities; or
``(VI) an organization prohibited from
making contributions under section 316, or an
officer, employee, or agent of such an
organization acting on the organization's
behalf.
``(C)(i) The term `intermediary or conduit' does not
include--
``(I) a candidate or representative of a candidate
receiving contributions to the candidate's principal
campaign committee or authorized committee;
``(II) a professional fundraiser compensated for
fundraising services at the usual and customary rate,
but only if the individual is not described in
subparagraph (B)(ii);
``(III) a volunteer hosting a fundraising event at
the volunteer's home, in accordance with section
301(8)(B), but only if the individual is not described
in subparagraph (B)(ii); or
``(IV) an individual who transmits a contribution
from the individual's spouse.
``(ii) The term `representative' means an individual who is
expressly authorized by the candidate to engage in fundraising,
and who occupies a significant position within the candidate's
campaign organization, provided that the individual is not
described in subparagraph (B)(ii).
``(iii) The term `contributions made or arranged to be
made' includes--
``(I) contributions delivered to a particular
candidate or the candidate's authorized committee or
agent; and
``(II) contributions directly or indirectly
arranged to be made to a particular candidate or the
candidate's authorized committee or agent, in a manner
that identifies directly or indirectly to the candidate
or authorized committee or agent the person who
arranged the making of the contributions or the person
on whose behalf such person was acting.
Such term does not include contributions made, or arranged to
be made, by reason of an oral or written communication by a
Federal candidate or officeholder expressly advocating the
nomination for election, or election, of any other Federal
candidate and encouraging the making of a contribution to such
other candidate.
``(iv) The term `acting on the organization's behalf'
includes the following activities by an officer, employee or
agent of a person described in subparagraph (B)(ii)(VI):
``(I) Soliciting or directly or indirectly
arranging the making of a contribution to a particular
candidate in the name of, or by using the name of, such
a person.
``(II) Soliciting or directly or indirectly
arranging the making of a contribution to a particular
candidate using other than incidental resources of such
a person.
``(III) Soliciting contributions for a particular
candidate by substantially directing the solicitations
to other officers, employees, or agents of such a
person.
``(D) Nothing in this paragraph shall prohibit--
``(i) bona fide joint fundraising efforts conducted
solely for the purpose of sponsorship of a fundraising
reception, dinner, or other similar event, in
accordance with rules prescribed by the Commission,
by--
``(I) 2 or more candidates;
``(II) 2 or more national, State, or local
committees of a political party within the
meaning of section 301(4) acting on their own
behalf; or
``(III) a special committee formed by 2 or
more candidates, or a candidate and a national,
State, or local committee of a political party
acting on their own behalf; or
``(ii) fundraising efforts for the benefit of a
candidate that are conducted by another candidate.
When a contribution is made to a candidate through an intermediary or
conduit, the intermediary or conduit shall report the original source
and the intended recipient of the contribution to the Commission and to
the intended recipient.''.
(b) Prohibition of Certain Contributions by Lobbyists.--Section 315
of FECA (2 U.S.C. 441a), as amended by section 301, is amended by
adding at the end the following new subsection:
``(j)(1) A lobbyist, or a political committee controlled by a
lobbyist, shall not make contributions to, or solicit contributions for
or on behalf of--
``(A) any member of Congress with whom the lobbyist has,
during the preceding 12 months, made a lobbying contact; or
``(B) any authorized committee of the President of the
United States if, during the preceding 12 months, the lobbyist
has made a lobbying contact with a covered executive branch
official.
``(2) A lobbyist who, or a lobbyist whose political committee, has
made any contribution to, or solicited contributions for or on behalf
of, any member of Congress or candidate for Congress (or any authorized
committee of the President) shall not, during the 12 months following
such contribution or solicitation, make a lobbying contact with such
member or candidate who becomes a member of Congress (or a covered
executive branch official).
``(3) If a lobbyist advises or otherwise suggests to a client of
the lobbyist (including a client that is the lobbyist's regular
employer), or to a political committee that is funded or administered
by such a client, that the client or political committee should make a
contribution to or solicit a contribution for or on behalf of--
``(A) a member of Congress or candidate for Congress, the
making or soliciting of such a contribution is prohibited if
the lobbyist has made a lobbying contact with the member of
Congress within the preceding 12 months; or
``(B) an authorized committee of the President, the making
or soliciting of such a contribution shall be unlawful if the
lobbyist has made a lobbying contact with a covered executive
branch official within the preceding 12 months.
``(4) For purposes of this subsection--
``(A) the term `covered executive branch official' means
the President, Vice-President, any officer or employee of the
executive office of the President other than a clerical or
secretarial employee, any officer or employee serving in an
Executive Level I, II, III, IV, or V position as designated in
statute or Executive order, any officer or employee serving in
a senior executive service position (as defined in section
3232(a)(2) of title 5, United States Code), any member of the
uniformed services whose pay grade is at or in excess of 0-7
under section 201 of title 37, United States Code, and any
officer or employee serving in a position of confidential or
policy-determining character under schedule C of the excepted
service pursuant to regulations implementing section 2103 of
title 5, United States Code;
``(B) the term `lobbyist' means--
``(i) a person required to register under section
308 of the Federal Regulation of Lobbying Act (2 U.S.C.
267) or the Foreign Agents Registration Act of 1938 (22
U.S.C. 611 et seq.) or any successor Federal law
requiring a person who is a lobbyist or foreign agent
to register or a person to report its lobbying
activities; or
``(C) the term `lobbying contact'--
``(i) means an oral or written communication with
or appearance before a member of Congress or covered
executive branch official made by a lobbyist
representing an interest of another person with regard
to--
``(I) the formulation, modification, or
adoption of Federal legislation (including a
legislative proposal);
``(II) the formulation, modification, or
adoption of a Federal rule, regulation,
Executive order, or any other program, policy
or position of the United States Government; or
``(III) the administration or execution of
a Federal program or policy (including the
negotiation, award, or administration of a
Federal contract, grant, loan, permit, or
license); but
``(ii) does not include a communication that is--
``(I) made by a public official acting in
an official capacity;
``(II) made by a representative of a media
organization who is primarily engaged in
gathering and disseminating news and
information to the public;
``(III) made in a speech, article,
publication, or other material that is widely
distributed to the public or through the media;
``(IV) a request for an appointment, a
request for the status of a Federal action, or
another similar ministerial contact, if there
is no attempt to influence a member of Congress
or covered executive branch official at the
time of the contact;
``(V) made in the course of participation
in an advisory committee subject to the Federal
Advisory Committee Act (5 U.S.C. App.);
``(VI) testimony given before a committee,
subcommittee, or office of Congress a Federal
agency, or submitted for inclusion in the
public record of a hearing conducted by the
committee, subcommittee, or office;
``(VII) information provided in writing in
response to a specific written request from a
member of Congress or covered executive branch
official;
``(VIII) required by subpoena, civil
investigative demand, or otherwise compelled by
statute, regulation, or other action of
Congress or a Federal agency;
``(IX) made to an agency official with
regard to a judicial proceeding, criminal or
civil law enforcement inquiry, investigation,
or proceeding, or filing required by law;
``(X) made in compliance with written
agency procedures regarding an adjudication
conducted by the agency under section 554 of
title 5, United States Code, or substantially
similar provisions;
``(XI) a written comment filed in a public
docket and other communication that is made on
the record in a public proceeding;
``(XII) a formal petition for agency
action, made in writing pursuant to established
agency procedures; or
``(XIII) made on behalf of a person with
regard to the person's benefits, employment,
other personal matters involving only that
person, or disclosures pursuant to a
whistleblower statute.''.
``(5) For purposes of this subsection, a lobbyist shall be
considered to make a lobbying contact or communication with a member of
Congress if the lobbyist makes a lobbying contact or communication
with--
``(i) the member of Congress;
``(ii) any person employed in the office of the
member of Congress; or
``(iii) any person employed by a committee, joint
committee, or leadership office who, to the knowledge
of the lobbyist, was employed at the request of or is
employed at the pleasure of, reports primarily to,
represents, or acts as the agent of the member of
Congress.''.
SEC. 402. CONTRIBUTIONS BY DEPENDENTS NOT OF VOTING AGE.
Section 315 of FECA (2 U.S.C. 441a), as amended by section 401(b),
is amended by adding at the end the following new subsection:
``(k) For purposes of this section, any contribution by an
individual who--
``(1) is a dependent of another individual; and
``(2) has not, as of the time of such contribution,
attained the legal age for voting for elections to Federal
office in the State in which such individual resides,
shall be treated as having been made by such other individual. If such
individual is the dependent of another individual and such other
individual's spouse, the contribution shall be allocated among such
individuals in the manner determined by them.''.
SEC. 403. CONTRIBUTIONS TO CANDIDATES FROM STATE AND LOCAL COMMITTEES
OF POLITICAL PARTIES TO BE AGGREGATED.
Section 315(a) of FECA (2 U.S.C. 441a(a)) is amended by adding at
the end the following new paragraph:
``(9) A candidate for Federal office may not accept, with respect
to an election, any contribution from a State or local committee of a
political party (including any subordinate committee of such
committee), if such contribution, when added to the total of
contributions previously accepted from all such committees of that
political party, exceeds a limitation on contributions to a candidate
under this section.''.
SEC. 404. LIMITED EXCLUSION OF ADVANCES BY CAMPAIGN WORKERS FROM THE
DEFINITION OF THE TERM ``CONTRIBUTION''.
Section 301(8)(B) of FECA (2 U.S.C. 431(8)(B)) is amended--
(1) in clause (xiii), by striking ``and'' after the
semicolon at the end;
(2) in clause (xiv), by striking the period at the end and
inserting: ``; and''; and
(3) by adding at the end the following new clause:
``(xv) any advance voluntarily made on behalf of an
authorized committee of a candidate by an individual in the
normal course of such individual's responsibilities as a
volunteer for, or employee of, the committee, if the advance is
reimbursed by the committee within 10 days after the date on
which the advance is made, and the value of advances on behalf
of a committee does not exceed $500 with respect to an
election.''.
TITLE V--REPORTING REQUIREMENTS
SEC. 501. CHANGE IN CERTAIN REPORTING FROM A CALENDAR YEAR BASIS TO AN
ELECTION CYCLE BASIS.
Paragraphs (2) through (7) of section 304(b) of FECA (2 U.S.C.
434(b)(2)-(7)) are amended by inserting after ``calendar year'' each
place it appears the following: ``(election cycle, in the case of an
authorized committee of a candidate for Federal office)''.
SEC. 502. PERSONAL AND CONSULTING SERVICES.
Section 304(b)(5)(A) of FECA (2 U.S.C. 434(b)(5)(A)) is amended by
adding before the semicolon at the end the following: ``, except that
if a person to whom an expenditure is made is merely providing personal
or consulting services and is in turn making expenditures to other
persons (not including employees) who provide goods or services to the
candidate or his or her authorized committees, the name and address of
such other person, together with the date, amount and purpose of such
expenditure shall also be disclosed''.
SEC. 503. REDUCTION IN THRESHOLD FOR REPORTING OF CERTAIN INFORMATION
BY PERSONS OTHER THAN POLITICAL COMMITTEES.
Section 304(b)(3)(A) of FECA (2 U.S.C. 434(b)(3)(A)) is amended by
striking ``$200'' and inserting ``$50''.
SEC. 504. COMPUTERIZED INDICES OF CONTRIBUTIONS.
Section 311(a) of FECA (2 U.S.C. 438(a)) is amended--
(1) by striking ``and'' at the end of paragraph (9);
(2) by striking the period at the end of paragraph (10) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(11) maintain computerized indices of contributions of
$50 or more.''.
TITLE VI--FEDERAL ELECTION COMMISSION
SEC. 601. USE OF CANDIDATES' NAMES.
Section 302(e)(4) of FECA (2 U.S.C. 432(e)(4)) is amended to read
as follows:
``(4)(A) The name of each authorized committee shall include the
name of the candidate who authorized the committee under paragraph (1).
``(B) A political committee that is not an authorized committee
shall not include the name of any candidate in its name or use the name
of any candidate in any activity on behalf of such committee in such a
context as to suggest that the committee is an authorized committee of
the candidate or that the use of the candidate's name has been
authorized by the candidate.''.
SEC. 602. REPORTING REQUIREMENTS.
(a) Option To File Monthly Reports--Section 304(a)(2) of FECA (2
U.S.C. 434(a)(2)) is amended--
(1) in subparagraph (A) by striking ``and'' at the end;
(2) in subparagraph (B) by striking the period at the end
and inserting ``; and''; and
(3) by inserting the following new subparagraph at the end:
``(C) in lieu of the reports required by subparagraphs (A)
and (B), the treasurer may file monthly reports in all calendar
years, which shall be filed no later than the 15th day after
the last day of the month and shall be complete as of the last
day of the month, except that, in lieu of filing the reports
otherwise due in November and December of any year in which a
regularly scheduled general election is held, a pre-primary
election report and a pre-general election report shall be
filed in accordance with subparagraph (A)(i), a post-general
election report shall be filed in accordance with subparagraph
(A)(ii), and a year end report shall be filed no later than
January 31 of the following calendar year.''.
(b) Filing Date.--Section 304(a)(4)(B) of FECA (2 U.S.C.
434(a)(4)(B)) is amended by striking ``20th'' and inserting ``15th''.
SEC. 603. PROVISIONS RELATING TO THE GENERAL COUNSEL OF THE COMMISSION.
(a) Vacancy in the Office of General Counsel.--Section 306(f) of
FECA (2 U.S.C. 437c(f)) is amended by adding at the end the following
new paragraph:
``(5) In the event of a vacancy in the office of general counsel,
the next highest ranking enforcement official in the general counsel's
office shall serve as acting general counsel with full powers of the
general counsel until a successor is appointed.''.
(b) Pay of the General Counsel.--Section 306(f)(1) of FECA (2
U.S.C. 437c(f)(1)) is amended--
(1) by inserting ``and the general counsel'' after ``staff
director'' in the second sentence; and
(2) by striking the third sentence.
SEC. 604. ENFORCEMENT.
(a) Basis for Enforcement Proceeding.--Section 309(a)(2) of FECA (2
U.S.C. 437g(a)(2)) is amended by striking ``it has reason to believe
that a person has committed, or is about to commit'' and inserting
``facts have been alleged or ascertained that, if true, give reason to
believe that a person may have committed, or may be about to commit''.
(b) Authority To Seek Injunction.--(1) Section 309(a) of FECA (2
U.S.C. 437g(a)) is amended by adding at the end the following new
paragraph:
``(13)(A) If, at any time in a proceeding described in paragraph
(1), (2), (3), or (4), the Commission believes that--
``(i) there is a substantial likelihood that a violation of
this Act or of chapter 95 or chapter 96 of the Internal Revenue
Code of 1986 is occurring or is about to occur;
``(ii) the failure to act expeditiously will result in
irreparable harm to a party affected by the potential
violation;
``(iii) expeditious action will not cause undue harm or
prejudice to the interests of others; and
``(iv) the public interest would be best served by the
issuance of an injunction,
the Commission may initiate a civil action for a temporary restraining
order or a temporary injunction pending the outcome of the proceedings
described in paragraphs (1), (2), (3), and (4).
``(B) An action under subparagraph (A) shall be brought in the
United States district court for the district in which the defendant
resides, transacts business, or may be found.''.
(2) Section 309(a) of FECA (2 U.S.C. 437g(a)) is amended--
(A) in paragraph (7) by striking ``(5) or (6)'' and
inserting ``(5), (6), or (13)''; and
(B) in paragraph (11) by striking ``(6)'' and inserting
``(6) or (13)''.
SEC. 605. PENALTIES.
(a) Penalties Prescribed in Conciliation Agreements.--(1) Section
309(a)(5)(A) of FECA (2 U.S.C. 437g(a)(5)(A)) is amended by striking
``which does not exceed the greater of $5,000 or an amount equal to any
contribution or expenditure involved in such violation'' and inserting
``which is--
``(i) not less than 50 percent of all contributions and
expenditures involved in the violation (or such lesser amount
as the Commission provides if necessary to ensure that the
penalty is not unjustly disproportionate to the violation); and
``(ii) not greater than all contributions and expenditures
involved in the violation''.
(2) Section 309(a)(5)(B) of FECA (2 U.S.C. 437g(a)(5)(B)) is
amended by striking ``which does not exceed the greater of $10,000 or
an amount equal to 200 percent of any contribution or expenditure
involved in such violation'' and inserting ``which is--
``(i) not less than all contributions and expenditures
involved in the violation; and
``(ii) not greater than 150 percent of all contributions
and expenditures involved in the violation''.
(b) Penalties When Violations Are Adjudicated in Court.--(1)
Section 309(a)(6)(A) of FECA (2 U.S.C. 437g(a)(6)(A)) is amended by
striking all that follows ``appropriate order'' and inserting ``,
including an order for a civil penalty in the amount determined under
subparagraph (A) or (B) in the district court of the United States for
the district in which the defendant resides, transacts business, or may
be found.''.
(2) Section 309(a)(6)(B) of FECA (2 U.S.C. 437g(a)(6)(B)) is
amended by striking all that follows ``other order'' and inserting ``,
including an order for a civil penalty which is--
``(i) not less than all contributions and expenditures
involved in the violation; and
``(ii) not greater than 200 percent of all contributions
and expenditures involved in the violation,
upon a proper showing that the person involved has committed, or is
about to commit (if the relief sought is a permanent or temporary
injunction or a restraining order), a violation of this Act or chapter
95 of chapter 96 of the Internal Revenue Code of 1986.''.
(3) Section 309(a)(6)(C) of FECA (29 U.S.C. 437g(6)(C)) is amended
by striking ``a civil penalty'' and all that follows and inserting ``a
civil penalty which is--
``(i) not less than 200 percent of all contributions and
expenditures involved in the violation; and
``(ii) not greater than 250 percent of all contributions
and expenditures involved in the violation.''.
SEC. 606. RANDOM AUDITS.
Section 311(b) of FECA (2 U.S.C. 438(b)) is amended--
(1) by inserting ``(1)'' before ``The Commission''; and
(2) by adding at the end the following new paragraph:
``(2) Notwithstanding paragraph (1), the Commission may from time
to time conduct random audits and investigations to ensure voluntary
compliance with this Act. The subjects of such audits and
investigations shall be selected on the basis of criteria established
by vote of at least 4 members of the Commission to ensure impartiality
in the selection process. This paragraph does not apply to an
authorized committee of an eligible Senate candidate subject to audit
under section 505(a) or an authorized committee of an eligible House of
Representatives candidate subject to audit under section 605(a).''.
SEC. 607. PROHIBITION OF FALSE REPRESENTATION TO SOLICIT CONTRIBUTIONS.
Section 322 of FECA (2 U.S.C. 441h) is amended--
(1) by inserting after ``Sec. 322.'' the following:
``(a)''; and
(2) by adding at the end the following:
``(b) No person shall solicit contributions by falsely representing
himself as a candidate or as a representative of a candidate, a
political committee, or a political party.''.
SEC. 608. REGULATIONS RELATING TO USE OF NON-FEDERAL MONEY.
Section 306 of FECA (2 U.S.C. 437c) is amended by adding at the end
the following new subsection:
``(g) The Commission shall promulgate rules to prohibit devices or
arrangements which have the purpose or effect of undermining or evading
the provisions of this Act restricting the use of non-Federal money to
affect Federal elections.''.
TITLE VII--MISCELLANEOUS
SEC. 701. PROHIBITION OF LEADERSHIP COMMITTEES.
Section 302(e) of FECA (2 U.S.C. 432(e)) is amended--
(1) by amending paragraph (3) to read as follows:
``(3) No political committee that supports or has supported more
than one candidate may be designated as an authorized committee, except
that--
``(A) a candidate for the office of President nominated by
a political party may designate the national committee of such
political party as the candidate's principal campaign
committee, but only if that national committee maintains
separate books of account with respect to its functions as a
principal campaign committee; and
``(B) a candidate may designate a political committee
established solely for the purpose of joint fundraising by such
candidates as an authorized committee.''; and
(2) by adding at the end the following new paragraph:
``(6)(A) A candidate for Federal office or any individual holding
Federal office may not establish, maintain, or control any political
committee other than a principal campaign committee of the candidate,
authorized committee, party committee, or other political committee
designated in accordance with paragraph (3). A candidate for more than
one Federal office may designate a separate principal campaign
committee for each Federal office.
``(B) For one year after the effective date of this paragraph, any
such political committee may continue to make contributions. At the end
of that period such political committee shall disburse all funds by one
or more of the following means: making contributions to an entity
qualified under section 501(c)(3) of the Internal Revenue Code of 1986;
making a contribution to the treasury of the United States;
contributing to the national, State or local committees of a political
party; or making contributions not to exceed $1,000 to candidates for
elective office.''.
SEC. 702. POLLING DATA CONTRIBUTED TO CANDIDATES.
Section 301(8) of FECA (2 U.S.C. 431(8)), as amended by section
314(b), is amended by inserting at the end the following new
subparagraph:
``(D) A contribution of polling data to a candidate shall
be valued at the fair market value of the data on the date the
poll was completed, depreciated at a rate not more than 1
percent per day from such date to the date on which the
contribution was made.''.
SEC. 703. SENSE OF THE SENATE THAT CONGRESS SHOULD CONSIDER ADOPTION OF
A JOINT RESOLUTION PROPOSING AN AMENDMENT TO THE
CONSTITUTION THAT WOULD EMPOWER CONGRESS AND THE STATES
TO SET REASONABLE LIMITS ON CAMPAIGN EXPENDITURES.
It is the sense of the Senate that Congress should consider
adoption of a joint resolution proposing an amendment to the
Constitution that would--
(1) empower Congress to set reasonable limits on campaign
expenditures by, in support of, or in opposition to any
candidate in any primary, general, or other election for
Federal office; and
(2) empower the States to set reasonable limits on campaign
expenditures by, in support of, or in opposition to any
candidate in any primary, general, or other election for State
or local office.
SEC. 704. PERSONAL USE OF CAMPAIGN FUNDS.
Section 313 of FECA (2 U.S.C. 439a) is amended--
(1) by inserting ``(a)'' before ``Amounts''; and
(2) by adding at the end the following new subsection:
``(b) For the purposes of this section, the term `personal use'
means the use of funds in a campaign account of a present or former
candidate to fulfill a commitment, obligation, or expense of any person
that would exist irrespective of the candidate's campaign or duties as
a holder of Federal office.''.
TITLE VIII--EFFECTIVE DATES; AUTHORIZATIONS
SEC. 801. EFFECTIVE DATE.
Except as otherwise provided in this Act, the amendments made by,
and the provisions of, this Act shall take effect on the date of the
enactment of this Act but shall not apply with respect to activities in
connection with any election occurring before January 1, 1996.
SEC. 802. SEVERABILITY.
Except as provided in sections 101(c) and 121(b), if any provision
of this Act (including any amendment made by this Act), or the
application of any such provision to any person or circumstance, is
held invalid, the validity of any other provision of this Act, or the
application of such provision to other persons and circumstances, shall
not be affected thereby.
SEC. 803. EXPEDITED REVIEW OF CONSTITUTIONAL ISSUES.
(a) Direct Appeal to Supreme Court.--An appeal may be taken
directly to the Supreme Court of the United States from any
interlocutory order or final judgment, decree, or order issued by any
court ruling on the constitutionality of any provision of this Act or
amendment made by this Act.
(b) Acceptance and Expedition.--The Supreme Court shall, if it has
not previously ruled on the question addressed in the ruling below,
accept jurisdiction over, advance on the docket, and expedite the
appeal to the greatest extent possible.
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