Text: H.R.3770 — 102nd Congress (1991-1992)All Information (Except Text)

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HR 3770 IH1S
102d CONGRESS
1st Session
 H. R. 3770
Entitled `The Fair and Competitive Election Act'.
IN THE HOUSE OF REPRESENTATIVES
November 14, 1991
Mr. MICHEL (for himself, Mr. THOMAS of California, Mr. GINGRICH, Mr. LEWIS of
California, Mr. EDWARDS of Oklahoma, Mr. HUNTER, Mr. MCCOLLUM, Mr. WEBER,
Mr. VANDER JAGT, Mr. ARCHER, Mr. SOLOMON, Mr. DICKINSON, Mr. ROBERTS,
Mr. LIVINGSTON, Mr. BARRETT, and Mr. GUNDERSON) introduced the following bill;
which was referred to the Committee on House Administration
A BILL
Entitled `The Fair and Competitive Election Act'.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
SECTION 1. HOUSE OF REPRESENTATIVES ELECTION LIMITATION ON CONTRIBUTIONS
FROM PERSONS OTHER THAN LOCAL INDIVIDUAL RESIDENTS.
  (a) IN GENERAL- Section 315 of the Federal Election Campaign Act of 1971 (2
  U.S.C. 441a), is amended by adding at the end the following new subsection:
  `(i)(1) A candidate for the office of Representative in, or Delegate or
  Resident Commissioner to, the Congress may not, with respect to a reporting
  period for an election, accept contributions from persons other than local
  individual residents totaling in excess of the total of contributions
  accepted from local individual residents.
  `(2) As used in this subsection, the term `local individual resident'
  means an individual who resides in a county, any part of which is in the
  congressional district involved.
  `(3)(A) Any candidate who accepts contributions that exceed the limitation
  under this subsection by 5 percent or less shall refund the excess
  contributions to the persons who made the contributions.
  `(B) Any candidate who accepts contributions that exceed the limitation
  under this subsection by more than 5 percent and less than 10 percent
  shall pay to the Commission, for deposit in the Treasury, an amount equal
  to three times the amount of the excess contributions.
  `(C) Any candidate who accepts contributions that exceed the limitation
  under this subsection by 10 percent or more shall pay to the Commission,
  for deposit in the Treasury, an amount equal to three times the amount of
  the excess contributions plus a civil penalty in an amount determined by
  the Commission.'.
  (b) EFFECTIVE PROVISION- During any period with respect to which subsection
  (i) of section 315 of the Federal Election Campaign Act of 1971, as added
  by subsection (a), is not in effect, such subsection shall be effective
  as so added, together with the following new paragraph:
  `(3) For purposes of this subsection, an individual may not be considered
  a resident of more than one congressional district.'.
SEC. 2. REDUCTION IN THE LIMITATION AMOUNT APPLICABLE TO NONPARTY
MULTICANDIDATE POLITICAL COMMITTEE CONTRIBUTIONS TO CANDIDATES.
  (a) IN GENERAL- Section 315 of the Federal Election Campaign Act of 1971
  (2 U.S.C. 441a), as amended by section 1, is further amended by adding at
  the end the following new subsection:
  `(j) Notwithstanding subsection (a)(2)(A), no nonparty multicandidate
  political committee may make contributions referred to in that subparagraph
  which, in the aggregate, exceed $1,000.'.
  (b) TECHNICAL AMENDMENT- Section 315(a)(2)(A) of the Federal Election
  Campaign Act of 1971 (2 U.S.C. 441a(a)(2)(A)) is amended by inserting after
  `(A)' the following: `except as provided in subsection (j),'.
SEC. 3. BAN ON SOFT MONEY.
  (a) IN GENERAL- Title III of the Federal Election Campaign Act of 1971
  (2 U.S.C. 431 et seq.) is amended by adding at the end the following
  new section:
`LIMITATIONS AND REPORTING REQUIREMENTS FOR AMOUNTS PAID FOR MIXED POLITICAL
ACTIVITIES
  `SEC. 323. (a) Any payment by the national committee of a political party
  or a State committee of a political party for a mixed political activity--
  `(1) shall be subject to limitation and reporting under this Act as if
  such payment were an expenditure; and
  `(2) may be paid only from an account that is subject to the requirements
  of this Act.
  `(b) As used in this section, the term `mixed political activity' means,
  with respect to a payment by the national committee of a political party
  or a State committee of a political party, an activity, such as a voter
  registration program, a get-out-the-vote drive, or general political
  advertising, that is both (1) for the purpose of influencing an election
  for Federal office, and (2) for any purpose unrelated to influencing an
  election for Federal office.'.
  (b) REPEAL OF BUILDING FUND EXCEPTION TO THE DEFINITION OF THE TERM
  `CONTRIBUTION'- Section 301(8)(B) of the Federal Election Campaign Act of
  1971 (2 U.S.C. 431(8)(B)) is amended--
  (1) by striking out clause (viii); and
  (2) by redesignating clauses (ix) through (xiv) as clauses (viii) through
  (xiii), respectively.
SEC. 4. 1992 TRANSITION RULE RELATING TO EXCESS FUNDS OF CANDIDATES FOR THE
HOUSE OF REPRESENTATIVES.
  A candidate for the office of Representative in, or Delegate or Resident
  Commissioner to, the Congress, who, on January 1, 1992, has campaign accounts
  containing amounts in excess of the contribution limit under section 315(i)
  of the Federal Election Campaign Act of 1971 shall deposit such excess in
  a separate account subject to section 304 of the Federal Election Campaign
  Act of 1971. The amount so deposited shall be available for any lawful
  purpose other than use, with respect to the individual for an election for
  the office of Representative, in, or Delegate or Resident Commissioner
  to, the Congress. For purposes of this section, excess funds are those
  funds which exceed twice the amount of funds raised from local individual
  residents after December 31, 1990. From January 1, 1992, until the end of
  the period covered by the 1992 pre-primary report a candidate may transfer
  excess funds from the separate account to the campaign account so long as
  a majority of the total funds contributed or transferred to the campaign
  account were raised from local individual residents after December 31,
  1990. No funds may be transferred from a separate account of a candidate
  to a campaign account of the candidate after the end of the period covered
  by the 1992 pre-primary report.
SEC. 5. EFFECTIVE DATE.
  The amendments made by this Act shall take effect on January 1, 1992.