[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 330 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 330

To amend the Federal Election Campaign Act of 1971 to further restrict 
  contributions to candidates by multicandidate political committees, 
  require full disclosure of attempts to influence Federal elections 
through ``soft money'' and independent expenditures, correct inequities 
resulting from personal financing of campaigns, strengthen the role of 
    political parties, and contain the cost of political campaigns.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 5, 1993

 Mr. Roberts introduced the following bill; which was referred jointly 
   to the Committees on House Administration and Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
To amend the Federal Election Campaign Act of 1971 to further restrict 
  contributions to candidates by multicandidate political committees, 
  require full disclosure of attempts to influence Federal elections 
through ``soft money'' and independent expenditures, correct inequities 
resulting from personal financing of campaigns, strengthen the role of 
    political parties, and contain the cost of political campaigns.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That this Act may be 
cited as the ``Congressional Campaign Reform Act of 1993''.

              restrictions on political action committees

    Sec. 2. (a) Section 315(a)(1)(C), section 315(a)(2)(A), and section 
315(a)(2)(C) of the Federal Election Campaign Act of 1971 (2 U.S.C. 
441a(a)(1)(C), 441a(a)(2)(A), and 441a(a)(2)(C)) are each amended by 
striking out ``$5,000'' and inserting in lieu thereof ``$1,000''.
    (b) Section 315 of the Federal Election Campaign Act of 1971 (2 
U.S.C. 441a) is amended by adding at the end thereof the following:
    ``(i) Notwithstanding any other provision of this Act, each 
multicandidate political committee and separate regulated funds 
established pursuant to the provisions of this Act shall--
            ``(1) provide a method so that each person contributing to 
        such committee or fund may specify to which Federal candidate 
        or candidates or which national political party organization or 
        organizations such contribution is being made; and
            ``(2) provide each contributor with a list of the names and 
        addresses of the authorized committee of every candidate for 
        Federal office and for each national political party 
        organization.''.

                limitations on individual contributions

    Sec. 3. Section 315(a)(1)(A) of the Federal Election Campaign Act 
of 1971 (2 U.S.C. 441a(a)(1)(A)) is amended by striking out ``$1,000'' 
and inserting in lieu thereof ``$2,000''.

            full disclosure of election-related expenditures

    Sec. 4. Section 301(9)(B) of the Federal Election Campaign Act of 
1971 (2 U.S.C. 431(9)(B)) is amended--
            (1) in clause (ii) by inserting before the semicolon at the 
        end thereof the following: ``, except that any payment, 
        services, or other benefit furnished or otherwise made 
        available by a corporation or by a labor organization directly 
        attributable to a registration or get-out-the-vote campaign, 
        shall, if the aggregate of such payments and the fair market 
        value of such services or other benefit exceed $2,000 for any 
        election, be reported to the Commission in accordance with 
        section 304(a)(4)(A)(i), and in accordance with section 
        304(a)(4)(A)(ii) with respect to any general election''; and
            (2) in clause (iii) by striking out ``(other than a 
        communication primarily devoted to subjects other than the 
        express advocacy of the election or defeat of a clearly 
        identified candidate)''.

                 disclosure of independent expenditures

    Sec. 5. Section 318(a)(3) of the Federal Election Campaign Act of 
1971 (2 U.S.C. 441d(a)(3)) is amended by striking out the period at the 
end thereof and inserting in lieu thereof the following:
        ``, except that whenever any person makes an independent 
        expenditure through (A) a broadcast communication on any radio 
        or television station, the broadcast communication shall 
        include a statement--
                    ``(i) in such television broadcast, that is clearly 
                readable to the viewer and appears continuously during 
                the entire length of such communication; or
                    ``(ii) in such radio broadcast, that is clearly 
                audible to the viewer and is aired at the beginning and 
                ending of such broadcast,
        setting forth the name of such person and in the case of a 
        political committee, the name of any connected or affiliated 
        organization, or (B) a newspaper, magazine, outdoor advertising 
        facility, direct mailing or other type of general public 
        political advertising, the communication shall include, in 
        addition to the other information required by this subsection, 
        the following sentence: `The cost of presenting this 
        communication is not subject to any campaign contribution 
        limits.', and a statement setting forth the name of the person 
        who paid for the communication and, in the case of a political 
        committee, the name of any connected or affiliated organization 
        and the name of the president or treasurer of such 
        organization.
            ``(4) The person making an independent expenditure 
        described in paragraph (3) shall furnish, by certified mail, 
        return receipt requested, the following information, to each 
        candidate and to the Commission, not later than the date and 
        time of the first public transmission (e.g. first aired, 
        mailed, published, or displayed):
                    ``(A) effective notice that the person plans to 
                make an independent expenditure for the purpose of 
                financing a communication which expressly advocates the 
                election or defeat of a clearly identified candidate;
                    ``(B) an exact copy of the intended communication, 
                or a complete description of the contents of the 
                intended communication, including the entirety of any 
                texts to be used in conjunction with such 
                communication, and a complete description of any 
                photographs, films, or any other visual devices to be 
                used in conjunction with such communication;
                    ``(C) all approximate dates and times when such 
                communication will be publicly transmitted; and
                    ``(D) each specific location, media channel, and 
                publication through which the communication will be 
                publicly transmitted.''.

                        independent expenditures

    Sec. 6. (a) Section 301(17) of the Federal Election Campaign Act of 
1971 (2 U.S.C. 431(17)) is amended by adding the following: ``An 
expenditure shall constitute an expenditure in coordination, 
consultation, or concert with a candidate and shall not constitute an 
`independent expenditure' where--
            ``(A) there is any arrangement, coordination, or direction 
        with respect to the expenditure between the candidate or the 
        candidate's agent and the person (including any officer, 
        director, employee or agent of such person) making the 
        expenditure;
            ``(B) in the same election cycle, the person making the 
        expenditure (including any officer, director, employee or agent 
        of such person) is or has been--
                    ``(i) authorized to raise or expend funds on behalf 
                of the candidate or the candidate's authorized 
                committees;
                    ``(ii) serving as an officer of the candidate's 
                authorized committees; or
                    ``(iii) receiving any form of compensation or 
                reimbursement from the candidate, the candidate's 
                authorized committees, or the candidate's agent;
            ``(C) the person making the expenditure (including any 
        officer, director, employee or agent of such person) has 
        communicated with, 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;
            ``(D) the person making the expenditure retains the 
        professional services of any individual or other person also 
        providing those services to the candidate in connection with 
        the candidate's pursuit of nomination for election, or election 
        to Federal office, in the same election cycle, including any 
        services relating to the candidate's decision to seek Federal 
        office;
            ``(E) the person making the expenditure (including any 
        officer, director, employee or agent of such person) has 
        communicated or consulted at any time during the same election 
        cycle about the candidate's plans, projects, or needs relating 
        to the candidate's pursuit of 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 subsection (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 subsection (a), (d), 
        or (h) of section 315 in connection with the candidate's 
        campaign; and
            ``(F) the expenditure is based on information provided to 
        the person making the expenditure directly or indirectly by the 
        candidate or the candidate's agents about the candidate's 
        plans, projects, or needs, provided that the candidate or the 
        candidate's agent is aware that the other person has made or is 
        planning to make expenditures expressly advocating the 
        candidate's election.''.
    (b) Section 309(a) of the Federal Election Campaign Act of 1971 (2 
U.S.C. 437g(a)) is amended by adding at the end thereof the following:
            ``(13) Within 3 days after the Commission receives a 
        complaint, filed pursuant to this section, which alleges that 
        an independent expenditure was made with the cooperation or 
        consultation of a candidate, or an authorized committee or 
        agent of such candidate, or was made in concert with or at the 
        request or suggestion of an authorized committee or agent of 
        such candidate, the Commission shall provide for a hearing to 
        determine such matter.''.

               candidate expenditures from personal funds

    Sec. 7. (a) Section 315 of the Federal Election Campaign Act of 
1971 (2 U.S.C. 441a), as amended by section 2(b) of this Act, is 
further amended by adding at the end thereof the following:
    ``(j)(1)(A) Within 15 days after a candidate qualifies for the 
primary election ballot, under applicable State law, such candidate 
shall file with the Commission and each other candidate who has 
qualified for such ballot, a declaration stating whether or not such 
candidate intends to expend funds and incur personal loans for the 
primary and general election a total amount, in the aggregate of 
$250,000 or more from the following sources: (i) his personal funds, 
(ii) the funds of his immediate family, and (iii) personal loans 
incurred in connection with his campaign for such office.
    ``(B) The statement required by this subsection shall be in such 
form, and contain such information, as the Commission may, by 
regulation, require.
    ``(2) Notwithstanding any other provision of law, in any election 
in which a candidate declares that he intends to expend or incur, in 
the aggregate, $250,000 or more by expending from personal funds and 
funds of his immediate family and incurring personal loans for his 
campaign, or does expend funds and incur loans in a total in excess of 
such amount, or fails to file the declarations required by this 
subsection, the limitations on contributions in subsection (a) of this 
section, as they apply to all other individuals running for such 
office, shall be increased for such election as follows:
            ``(A) The limitations provided in subsection (a)(1)(A) 
        shall be increased to $10,000.
            ``(B) The limitations provided in subsection (a)(3) shall 
        be increased to an amount equal to 150 percent of such 
        limitation, but only to the extent that contributions above 
        such limitation are made to candidates affected by the 
        increased level provided in subparagraph (A).
    ``(3) If the limitations in this section are increased pursuant to 
paragraph (2) for a convention or a primary election as they relate to 
an individual candidate, and if such individual candidate is not a 
candidate in any subsequent election in such campaign, including the 
general election, the provisions of subparagraph (A) of paragraph (2) 
shall cease to apply.
    ``(4) Any candidate who--
            ``(A) declares, pursuant to paragraph (1) that he does not 
        intend to expend and incur, by expending from his personal 
        funds and the funds of his immediate family and incurring 
        personal loans in connection with his campaign an amount which 
        in the aggregate totals $250,000 or more; and
            ``(B) subsequently does spend funds or incur loans in 
        excess of such amount, or intends to spend funds or incur loans 
        in excess of such amount;
shall notify and file an amended declaration with the Commission and 
shall notify all other candidates for such office within 24 hours after 
changing such declaration or exceeding such limits, whichever first 
occurs, by sending such notice by certified mail, return receipt 
requested.
    ``(5) Any candidate who makes expenditures from his personal funds 
or the personal funds of his immediate family, or incurs personal loans 
in connection with his campaign for election to office may repay such 
loan for such expenditures, to himself or to his immediate family, from 
contributions made to such candidate or any authorized committee of 
such candidate, except that such loan shall be repaid only to the 
extent of the actual amount of the loan. Notwithstanding any other 
provision of law, repayment of any such loan shall not include any 
interest on the principal amount of such loan.
    ``(6) Notwithstanding any other provision of law, no candidate may 
make expenditures from his personal funds or the personal funds of his 
immediate family, or incur personal loans in connection with his 
campaign for election to such office at any time after 60 days before 
the date of such election. The provisions of this paragraph shall apply 
to all candidates regardless of whether such candidate has reached the 
limits provided in this subsection.
    ``(7) The Commission shall take such action as it deems necessary 
under the enforcement provisions of this Act to assure compliance with 
the provisions of this subsection.
    ``(k) Notwithstanding any other provision of this Act, no candidate 
who, in connection with his campaign for election to Federal office, 
makes expenditures from his personal funds or the personal funds of his 
immediate family to his campaign committee, or makes a loan from such 
funds to such committee, shall use any other contributions which are 
made by any other person, after the election, to such candidate or the 
principal campaign committee of such candidate to repay any such 
expenditure or loan.
    ``(l) For purposes of this section, `immediate family' means a 
candidate's spouse, and any child, stepchild, parent, grandparent, 
brother, half-brother, sister or half-sister of the candidate, and the 
spouse of any such person and any child, stepchild, parent, 
grandparent, brother, half-brother, sister or half-sister of the 
candidate's spouse, and any spouse of any such person.''.
    (b) Section 313 of the Federal Election Campaign Act of 1971 (2 
U.S.C. 439a) is amended by inserting before the period the following: 
``, and except that no candidate for the office of President or Vice 
President may use any contributions in a manner prohibited by section 
315(k)''.

                       role of political parties

    Sec. 8. Section 315(d)(3) of the Federal Election Campaign Act of 
1971 (2 U.S.C. 441a(d)(3)) is amended by--
            (1) striking out ``2 cents'' in subparagraph (A)(i) and 
        inserting in lieu thereof ``5 cents''; and
            (2) striking out ``$10,000'' in subparagraph (B) and 
        inserting in lieu thereof ``$25,000''.

                    definition of national committee

    Sec. 9. Section 301(14) of the Federal Election Campaign Act of 
1971 (2 U.S.C. 431(14)) is amended to read as follows:
    ``(14) The term `national committee' means the organization or 
organizations which, by virtue of the bylaws of a political party, are 
responsible for the day-to-day operation of such political party at the 
national level, including the Democratic National Committee, the 
Democratic Senatorial Campaign Committee, the Democratic Congressional 
Campaign Committee, the Republican National Committee, the National 
Republican Senatorial Committee, and the National Republican 
Congressional Committee, and any other such committees as determined by 
the Commission.''.

                reporting by political party committees

    Sec. 10. (a) Section 304(b)(2) of the Federal Election Campaign Act 
of 1971 (2 U.S.C. 434(b)(2)) is amended--
            (1) in subparagraph (J), by striking out ``and'' after the 
        semicolon;
            (2) in subparagraph (K), by inserting ``and'' after the 
        semicolon; and
            (3) by adding at the end the following new subparagraph:
                    ``(L) for a national committee of a political 
                party, all contributions, loans, transfers, and other 
                receipts from any source to the committee and to any 
                account financed, established, maintained, or 
                controlled by such national committee, regardless of 
                whether such account is a political committee;''.
    (b) Section 304(b)(3) of the Federal Election Campaign Act of 1971 
(2 U.S.C. 434(b)(3)) is amended--
            (1) in subparagraph (F), by striking out ``and'' after the 
        semicolon;
            (2) in subparagraph (G), by inserting ``and'' after the 
        semicolon; and
            (3) by adding at the end the following new subparagraph:
                    ``(H) person who provides any contribution, loan, 
                transfer, service, or any other benefit or thing of 
                value to a national committee of a political party or 
                to any account financed, established, maintained, or 
                controlled by such national committee, regardless of 
                whether such account is a political committee, in an 
                aggregate amount or value in excess of $200 within the 
                calendar year, together with the date and amount or 
                value of such contribution, loan, transfer, service, or 
                other benefit or thing of value;''.
    (c) Section 304(b)(4) of the Federal Election Campaign Act of 1971 
(2 U.S.C. 434(b)(4)) is amended--
            (1) in subparagraph (H), by striking out ``and'' after the 
        semicolon at the end thereof;
            (2) in subparagraph (I), by inserting ``and'' after the 
        semicolon; and
            (3) by adding at the end the following new subparagraph:
                    ``(J) for a national committee of a political 
                party, all disbursements made by the committee or from 
                any account financed, established, maintained, or 
                controlled by such national committee, regardless of 
                whether such account is a political committee;''.

                             communications

    Sec. 11. Section 315 of the Communications Act of 1934 (47 U.S.C. 
315) is amended--
            (1) in subsection (b)(1), by striking out ``class and'';
            (2) by redesignating subsections (c) and (d) as subsections 
        (d) and (e), respectively; and
            (3) by inserting immediately after subsection (b) the 
        following new subsection:
            ``(c) 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 such use pursuant to the provisions of subsection 
        (b)(1).''.

                        intermediary or conduit

    Sec. 12. (a) Section 315(a)(8) of the Federal Election Campaign Act 
of 1971 (2 U.S.C. 441a(a)(8)) is amended to read as follows:
    ``(8) For purposes of this subsection--
            ``(A) contributions made by a person, either directly or 
        indirectly, to or on behalf of a particular candidate, 
        including contributions which are in any way earmarked or 
        otherwise directed through an intermediary or conduit to such 
        candidate, shall be treated as contributions from such person 
        to such candidate; and
            ``(B) contributions made by a person either directly or 
        indirectly, to or on behalf of a particular candidate, through 
        an intermediary or conduit, including all contributions 
        delivered or arranged to be delivered by such intermediary or 
        conduit, shall also be treated as contributions from the 
        intermediary or conduit, 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 conduit 
                or intermediary rather than the intended recipient; or
                    ``(ii) the conduit or intermediary is (I) a 
                political committee, other than an authorized committee 
                of a candidate, within the meaning of section 301(4), 
                or an officer, employee or other agent of such a 
                political committee or candidate, or a national 
                political party committee, or (II) an officer, employee 
                or other agent of a connected organization, within the 
                meaning of section 301(7), acting in its behalf.
In all cases where contributions are made by a person either directly 
or indirectly to or on behalf of a particular candidate through an 
intermediary or conduit, the intermediary or conduit shall report the 
original source and the intended recipient of such contribution to the 
Commission and to the intended recipient.''.
    (b) Section 315(a) of the Federal Election Campaign Act of 1971 (2 
U.S.C. 441a(a)) is amended by adding at the end thereof the following:
            ``(9) When any person, political committee, or national 
        committee of a political party--
                    ``(A) solicits or accepts contributions in the form 
                of a check or money order from any source, and
                    ``(B) combines the amount of any such contributions 
                and contributes such combined amount (or any portion of 
                any such amount or contribution) to a candidate for 
                Federal office, or to the authorized agent or 
                authorized political committee of such candidate,
        then all such solicited or accepted contributions made through 
        a check or money order shall be made payable to a specific 
        payee by the original drawer of the check or money order.''.

                              severability

    Sec. 13. If any provision of this Act or 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 such provision, 
and the application of such provision to other persons and 
circumstances shall not be affected thereby.

                             effective date

    Sec. 14. This Act and the amendments made by this Act shall become 
effective on November 4, 1992, and shall apply to all contributions and 
expenditures made after such date.

                                 <all>

HR 330 IH----2