[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2312 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 2312

 To amend the Federal Election Campaign Act of 1971 to reform House of 
     Representatives campaign finance laws, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 27, 1993

 Mr. Goss introduced the following bill; which was referred jointly to 
the Committees on House Administration, Post Office and Civil Service, 
         Energy and Commerce, the Judiciary, and Ways and Means

_______________________________________________________________________

                                 A BILL


 
 To amend the Federal Election Campaign Act of 1971 to reform House of 
     Representatives campaign finance laws, 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. 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--
            (A) from persons other than individual residents of the 
        congressional district involved in excess of 40 percent of the 
        total of contributions accepted; or
            (B) from persons other than individual residents of the 
        State in which the congressional district involved is located 
        in excess of 10 percent of the total of contributions 
        accepted.''.

SEC. 2. REDUCTION IN LIMITATION AMOUNT APPLICABLE TO CONTRIBUTIONS BY A 
              MULTICANDIDATE POLITICAL COMMITTEE TO A HOUSE OF 
              REPRESENTATIVES CANDIDATE.

    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 ``$5,000'' the 
following: ``, except that in the case of an election for the office of 
Representative in, or Delegate or Resident Commissioner to, the 
Congress, the limitation shall be $1,000.''.

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. HOUSE OF REPRESENTATIVES OFFICIAL MAIL ALLOWANCE FORMULA 
              REDUCTION.

    Section 311(e)(2)(B)(i) of the Legislative Branch Appropriations 
Act, 1991 (2 U.S.C. 59e(e)(2)(B)(i)) is amended by striking out ``3'' 
and inserting in lieu thereof ``1.5''.

SEC. 5. PROHIBITION OF MAILING OF NEWSLETTERS UNDER THE CONGRESSIONAL 
              FRANK.

    (a) Intent of Congress.--Section 3210(a) of title 39, United States 
Code, is amended by adding at the end the following new paragraph:
    ``(8) It is the intent of Congress that a Member of or Member-elect 
to Congress (other than a Senator or a Senator-elect) may not mail a 
congressional newsletter as franked mail.''.
    (b) Exclusion from List of Frankable Mail.--Section 3210(a)(3) of 
title 39, United States Code, is amended--
            (1) in subparagraph (B) by inserting ``subject to paragraph 
        (8),'' before ``the usual and customary''; and
            (2) in subparagraphs (I) and (J) by striking out 
        ``newsletter or other''.
    (c) Exclusion Relating to Mass Mailings.--Section 3210(a)(6)(E) of 
title 39, United States Code, is amended--
            (1) in clause (ii) by striking out ``or'' after the 
        semicolon;
            (2) in clause (iii) by striking out the period and 
        inserting ``; or''; and
            (3) by adding after clause (iii) the following new clause:
            ``(iv) of congressional newsletters, to the extent intended 
        by Congress to be nonmailable as franked mail under subsection 
        (a)(8).''.
    (d) Exclusion Relating to Permissible Forms of Franked Mail.--
Section 3210(c) of title 39, United States Code, is amended by striking 
out ``subsection (a)(4) and (5) of this section.'' and inserting in 
lieu thereof ``paragraph (4), (5), or (8) of subsection (a).''.

SEC. 6. LENGTHENED NONMAILING PERIOD FOR MASS MAILING BY MEMBERS OF THE 
              HOUSE OF REPRESENTATIVES.

    Section 3210(a)(6)(A) of title 39, United States Code, is amended--
            (1) in clause (i), by inserting after ``60 days'' the 
        following: (180 days in the case of a Member of, or Member-
        elect to, the House of Representatives)''; and
            (2) in clause (ii)(II), by striking out ``60 days'' and 
        inserting in lieu thereof ``180 days''.

SEC. 7. AMENDMENTS TO COMMUNICATIONS ACT OF 1934.

    Section 315 of the Communications Act of 1934 (47 U.S.C. 315) is 
amended--
            (1) in subsection (b)(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 insert ``lowest charge of the station for 
                the same amount of time for the same period'';
            (2) by redesignating subsections (c) and (d) as subsections 
        (d) and (e), respectively;
            (3) 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.''; and
            (4) in subsection (d) (as redesignated by paragraph (2) of 
        this section)--
                    (A) by striking ``and'' at the end of paragraph 
                (1);
                    (B) by striking the period at the end of paragraph 
                (2) and inserting ``; and''; and
                    (C) by adding at the end thereof the following new 
                paragraph:
            ``(3) a station's lowest charge for purposes of paragraph 
        (1)--
                    ``(A) with respect to a primary or primary runoff 
                election, is determined for the interval beginning 60 
                days before such election and ending on the date of 
                that election; and
                    ``(B) with respect to a general or special 
                election, is determined for the interval beginning 90 
                days before such election and ending on the date of 
                that election.''.

SEC. 8. DENIAL OF DEDUCTION FOR LOBBYING EXPENSES.

    (a) Disallowance of Deduction.--Section 162(e) (relating to 
appearances, etc., with respect to legislation) is amended to read as 
follows:
    ``(e) Denial of Deduction for Certain Lobbying and Political 
Expenditures.--
            ``(1) In general.--No deduction shall be allowed under 
        subsection (a) for any amount paid or incurred--
                    ``(A) in connection with influencing legislation,
                    ``(B) for participation in, or intervention in, any 
                political campaign on behalf of (or in opposition to) 
                any candidate for public office, or
                    ``(C) in connection with any attempt to influence 
                the general public, or segments thereof, with respect 
                to elections.
            ``(2) Application to dues.--
                    ``(A) In general.--No deduction shall be allowed 
                under subsection (a) for the portion of dues or other 
                similar amounts (paid by the taxpayer with respect to 
                an organization) which is allocable to the expenditures 
                described in paragraph (1).
                    ``(B) Allocation.--
                            ``(i) In general.--For purposes of 
                        subparagraph (A), expenditures described in 
                        paragraph (1) shall be treated as paid out of 
                        dues or other similar amounts.
                            ``(ii) Carryover of lobbying expenditures 
                        in excess of dues.--For purposes of this 
                        paragraph, if expenditures described in 
                        paragraph (1) exceed the dues or other similar 
                        amounts for any calendar year, such excess 
                        shall be treated as expenditures described in 
                        paragraph (1) which are paid or incurred by the 
                        organization during the following calendar 
                        year.
            ``(3) Influencing legislation.--For purposes of this 
        subsection--
                    ``(A) In general.--The term `influencing 
                legislation' means--
                            ``(i) any attempt to influence the general 
                        public, or segments thereof, with respect to 
                        legislation, and
                            ``(ii) any attempt to influence any 
                        legislation through communication with any 
                        member or employee of the legislative body, or 
                        with any government official or employee who 
                        may participate in the formulation of the 
                        legislation.
                    ``(B) Exception for certain technical advice.--The 
                term `influencing legislation' shall not include the 
                providing of technical advice or assistance to a 
                governmental body or to a committee or other 
                subdivision thereof in response to a specific written 
                request by such governmental entity to the taxpayer 
                which specifies the nature of the advice or assistance 
                requested.
                    ``(C) Legislation.--The term `legislation' has the 
                meaning given such term by section 4911(e)(2).
            ``(4) Exception for certain taxpayers.--In the case of any 
        taxpayer engaged in the trade or business of conducting 
        activities described in paragraph (1), paragraph (1) shall not 
        apply to expenditures of the taxpayer in conducting such 
        activities on behalf of another person (but shall apply to 
        payments by such other person to the taxpayer for conducting 
        such activities).
            ``(5) Cross reference.--

                                ``For reporting requirements related to 
this subsection, see section 6050O.''
    (b) Reporting Requirements.--
            (1) In general.--Subpart B of part III of subchapter A of 
        chapter 61 (relating to information concerning transactions 
        with other persons) is amended by adding at the end the 
        following new section:

``SEC. 6050O. RETURNS RELATING TO LOBBYING EXPENDITURES OF CERTAIN 
              ORGANIZATIONS.

    ``(a) Requirement of Reporting.--Each organization referred to in 
section 162(e)(2) shall make a return, according to the forms or 
regulations prescribed by the Secretary, setting forth the names and 
addresses of persons paying dues to the organization, the amount of the 
dues paid by such person, and the portion of such dues which is 
nondeductible under section 162(e)(2).
    ``(b) Statements To Be Furnished to Persons With Respect to Whom 
Information Is Furnished.--Any organization required to make a return 
under subsection (a) shall furnish to each person whose name is 
required to be set forth in such return a written statement showing--
            ``(1) the name and address of the organization, and
            ``(2) the dues paid by the person during the calendar year 
        and the portion of such dues which is nondeductible under 
        section 162(e)(2).
The written statement required under the preceding sentence shall be 
furnished (either in person or in a statement mailing by first-class 
mail which includes adequate notice that the statement is enclosed) to 
the persons on or before January 31 of the year following the calendar 
year for which the return under subsection (a) was made and shall be in 
such form as the Secretary may prescribe by regulations.
    ``(c) Waiver.--The Secretary may waive the reporting requirements 
of this section with respect to any organization or class of 
organizations if the Secretary determines that such reporting is not 
necessary to carry out the purposes of section 162(e).
    ``(d) Dues.--For purposes of this section, the term `dues' includes 
other similar amounts.''
            (2) Penalties.--
                    (A) Returns.--Subparagraph (A) of section 
                6724(d)(1) (defining information return) is amended by 
                striking ``or'' at the end of clause (xi), by striking 
                the period at the end of the clause (xii) relating to 
                section 4101(d) and inserting a comma, by redesignating 
                the clause (xii) relating to section 338(h)(10) as 
                clause (xiii), by striking the period at the end of 
                clause (xiii) (as so redesignated) and inserting ``, 
                or'', and by adding at the end the following new 
                clause:
                            ``(xiv) section 6050O(a) (relating to 
                        information on nondeductible lobbying 
                        expenditures).''
                    (B) Payee statements.--Paragraph (2) of section 
                6724(d) (defining payee statement) is amended by 
                striking ``or'' at the end of subparagraph (R), by 
                striking the period at the end of subparagraph (S) and 
                inserting ``, or'', and by adding at the end the 
                following new subparagraph:
                    ``(T) section 6050O(b) (relating to returns on 
                nondeductible lobbying expenditures).''
                    (C) Excessive underreporting.--Section 6721 
                (relating to failure to file correct information 
                returns) is amended by adding at the end the following 
                new subsection:
    ``(f) Penalty in Case of Excessive Underreporting on Nondeductible 
Dues.--If the aggregate amount of nondeductible dues which is reported 
on the return required to be filed under section 6050O(a) for any 
calendar year is less than 75 percent of the aggregate amount required 
to be so reported--
            ``(1) subsections (b), (c), and (d) shall not apply, and
            ``(2) the penalty imposed under subsection (a) shall be 
        equal to the product of--
                    ``(A) the amount required to be reported which was 
                not so reported, and
                    ``(B) the highest rate of tax imposed by section 11 
                for taxable years beginning in such calendar year.''
            (3) Conforming amendment.--The table of sections for 
        subpart B of part III of subchapter A of chapter 61 is amended 
        by adding at the end the following new item:

                              ``Sec. 6050O. Returns relating to 
                                        lobbying expenditures of 
                                        certain organizations.''
    (c) Effective Date.--The amendments made by this section shall 
apply to amounts paid or incurred after December 31, 1993.

SEC. 9. PROHIBITION OF TRAVEL BY MEMBERS, OFFICERS, AND EMPLOYEES OF 
              THE HOUSE OF REPRESENTATIVES AT LOBBYIST EXPENSE.

    (a) In General.--A Member, officer, or employee of the House of 
Representatives may not perform any travel at the expense of a person 
who is required to register under section 308 of the Federal Regulation 
of Lobbying Act (2 U.S.C. 267).
    (b) Definition.--As used in this section, the term ``Member of the 
House of Representatives'' means a Representative in, or a Delegate or 
Resident Commissioner to, the Congress.

SEC. 10. SENSE OF CONGRESS RELATING TO LIMITATION OF TERMS OF 
              REPRESENTATIVES AND SENATORS.

    It is the sense of Congress that the Constitution should be amended 
so that no person may serve more than 4 consecutive terms as 
Representative or two consecutive terms as Senator.

SEC. 11. SENSE OF CONGRESS RELATING TO APPLICATION OF GENERALLY 
              APPLICABLE LAWS TO THE CONGRESS.

    It is the sense of Congress that Congress is not exempt from the 
laws that it enacts and should govern itself according to the laws that 
apply to the private sector and the other branches of the Federal 
Government.

                                 <all>