[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1191 Introduced in Senate (IS)]
105th CONGRESS
1st Session
S. 1191
To reform the financing of Federal elections, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 18, 1997
Mr. Specter introduced the following bill; which was read twice and
referred to the Committee on Rules and Administration
_______________________________________________________________________
A BILL
To reform the financing of Federal elections, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Senate Campaign
Finance Reform Act of 1997''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--SENATE ELECTION SPENDING LIMITS AND BENEFITS
Sec. 101. Senate election spending limits and benefits.
TITLE II--REDUCTION OF SPECIAL INTEREST INFLUENCE
Subtitle A--Provisions Relating to Soft Money of Political Party
Committees
Sec. 201. Soft money of political party committees.
Sec. 202. State party grassroots funds.
Sec. 203. Reporting requirements.
Subtitle B--Soft Money of Persons Other Than Political Parties
Sec. 211. Soft money of persons other than political parties.
Subtitle C--Contributions
Sec. 221. Prohibition of contributions to Federal candidates and of
donations of anything of value to political
parties by foreign nationals.
Sec. 222. Closing of soft money loophole.
Sec. 223. Contribution to defray legal expenses of certain officials.
Subtitle D--Independent Expenditures
Sec. 231. Clarification of definitions relating to independent
expenditures.
Sec. 232. Reporting requirements for independent expenditures.
TITLE III--APPROPRIATIONS
Sec. 301. Authorization of appropriations.
TITLE IV--SEVERABILITY; JUDICIAL REVIEW; EFFECTIVE DATE; REGULATIONS
Sec. 401. Severability.
Sec. 402. Expedited review of constitutional issues.
Sec. 403. Effective date.
Sec. 404. Regulations.
TITLE I--SENATE ELECTION SPENDING LIMITS AND BENEFITS
SEC. 101. SENATE ELECTION SPENDING LIMITS AND BENEFITS.
(a) In General.--The Federal Election Campaign Act of 1971 (2
U.S.C. 431 et seq.) is amended by adding at the end the following:
``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 (c) and (d);
``(2) meets the primary and runoff election expenditure
limits of subsection (b); and
``(3) meets the threshold contribution requirements of
subsection (e).
``(b) Primary and Runoff Expenditure Limits.--The requirements of
this subsection are met if--
``(1) the candidate and the candidate's authorized
committees did not make expenditures for the primary election
in excess of 67 percent of the general election expenditure
limit under section 502(a); and
``(2) 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(a).
``(c) Primary Filing Requirements.--
``(1) In general.--The requirements of this subsection are
met if the candidate files with the Commission a certification
that--
``(A) the candidate and the candidate's authorized
committees--
``(i) will meet the primary and runoff
election expenditure limits of subsection (b);
and
``(ii) will accept only an amount of
contributions for the primary and runoff
elections that does exceed those limits; and
``(B) the candidate and the candidate's authorized
committees will meet the general election expenditure
limit under section 502(a).
``(2) Deadline for filing certification.--The certification
under paragraph (1) shall be filed not later than the date the
candidate files as a candidate for the primary election.
``(d) General Election Filing Requirements.--
``(1) In general.--The requirements of this subsection are
met if the candidate files a certification with the Commission
under penalty of perjury that--
``(A) the candidate and the candidate's authorized
committees--
``(i) met the primary and runoff election
expenditure limits under subsection (b); and
``(ii) did not accept contributions for the
primary or runoff election in excess of the
primary or runoff expenditure limit under
subsection (b), whichever is applicable,
reduced by any amounts transferred to the
current election cycle from a preceding
election cycle;
``(B) at least one other candidate has qualified
for the same general election ballot under the law of
the candidate's State; and
``(C) the candidate and the authorized committees
of the candidate--
``(i) except as otherwise provided by this
title, will not make expenditures that exceed
the general election expenditure limit under
section 502(a);
``(ii) will not accept any contributions in
violation of section 315; and
``(iii) except as otherwise provided by
this title, will not accept any contribution
for the general election involved to the extent
that the contribution would cause the aggregate
amount of contributions to exceed the sum of
the amount of the general election expenditure
limit under section 502(a), reduced by any
amounts transferred to the current election
cycle from a previous election cycle and not
taken into account under subparagraph (A)(ii).
``(2) Deadline for filing certification.--The certification
under paragraph (1) shall be filed not later than 7 days after
the earlier of--
``(A) the date on which 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 on which the
candidate wins the primary or runoff election.
``(e) Threshold Contribution Requirements.--
``(1) In general.--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(a); or
``(B) $250,000.
``(2) Definitions.--In this subsection:
``(A) Allowable contribution.--The term `allowable
contribution' means a contribution that is made as a
gift of money by an individual pursuant to a written
instrument identifying the individual as the
contributor.
``(B) Applicable period.--The term `applicable
period' means--
``(i) the period beginning on January 1 of
the calendar year preceding the calendar year
of the general election involved and ending on
the date on which the certification under
subsection (c)(2) is filed by the candidate; or
``(ii) in the case of a special election
for the office of Senator, the period beginning
on the date on which the vacancy in the office
occurs and ending on the date of the general
election.
``SEC. 502. LIMITATION ON EXPENDITURES.
``(a) General Election Expenditure Limit.--
``(1) In general.--The aggregate amount of expenditures for
a general election by an eligible Senate candidate and the
candidate's authorized committees shall not exceed the greater
of--
``(A) $950,000; or
``(B) $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) Indexing.--The amounts determined under paragraph (1)
shall be increased as of the beginning of each calendar year
based on the increase in the price index determined under
section 315(c), except that the base period shall be calendar
year 1997.
``(b) Payment of Taxes.--The limitation under subsection (a) shall
not apply to any expenditure for Federal, State, or local taxes with
respect to earnings on contributions raised.
``SEC. 503. MATCHING FUNDS FOR ELIGIBLE SENATE CANDIDATES IN RESPONSE
TO EXPENDITURES BY NON-ELIGIBLE OPPONENTS.
``(a) In General.--Not later than 5 days after the Commission
determines that a Senate candidate has made or obligated to make
expenditures or accepted contributions during an election in an
aggregate amount in excess of the applicable election expenditure limit
under section 502(a) or 501(b), the Commission shall make available to
an eligible Senate candidate in the same election an aggregate amount
of funds equal to the amount in excess of the applicable limit.
``(b) Eligible Senate Candidate Opposed by More Than 1 Non-Eligible
Senate Candidate.--For purposes of subsection (a), if an eligible
Senate candidate is opposed by more than 1 non-eligible Senate
candidate in the same election, the Commission shall take into account
only the amount of expenditures of the non-eligible Senate candidate
that expends, in the aggregate, the greatest amount of funds.
``(c) Time To Make Determinations.--The Commission may, on the
request of a candidate or on its own initiative, make a determination
whether a candidate has made or obligated to make an aggregate amount
of expenditures in excess of the applicable limit under subsection (a).
``(d) Use of Funds.--Funds made available to a candidate under
subsection (a) shall be used in the same manner as contributions are
used.
``(e) Treatment of Funds.--An expenditure made with funds made
available to a candidate under this section shall not be treated as an
expenditure for purposes of the expenditure limits under sections
501(b) and 502(a).
``SEC. 504. CERTIFICATION BY COMMISSION.
``(a) In General.--Not later than 48 hours after an eligible
candidate qualifies for a general election ballot, the Commission shall
certify the candidate's eligibility for matching funds under section
503.
``(b) Determinations by Commission.--A determination (including a
certification under subsection (a)) made by the Commission under this
title shall be final, except to the extent that the determination is
subject to examination and audit by the Commission under section 505.
``SEC. 505. REVOCATION; MISUSE OF BENEFITS.
``(a) Revocation of Status.--If the Commission determines that any
eligible Senate candidate has received contributions or made or
obligated to make expenditures in excess of--
``(1) the applicable primary election expenditure limit
under this title; or
``(2) the applicable general election expenditure limit
under this title,
the Commission shall revoke the certification of the candidate as an
eligible Senate candidate and notify the candidate of the revocation.
``(b) Misuse of Benefits.--If the Commission determines that any
benefit made available to an eligible Senate candidate under this title
was not used as provided for in this title or that a candidate has
violated any of the spending limits contained in this Act, the
Commission shall notify the candidate, and the candidate shall pay the
Commission an amount equal to the value of the benefit.''.
(b) Transition Period.--Expenditures made before January 1, 1998,
shall not be counted as expenditures for purposes of the limitations
contained in the amendment made by subsection (a).
TITLE II--REDUCTION OF SPECIAL INTEREST INFLUENCE
Subtitle A--Provisions Relating to Soft Money of Political Party
Committees
SEC. 201. SOFT MONEY OF POLITICAL PARTY COMMITTEES.
Title III of the Federal Election Campaign Act of 1971 (2 U.S.C.
301 et seq.) is amended by adding at the end the following:
``SEC. 324. SOFT MONEY OF POLITICAL PARTY COMMITTEES.
``(a) National Committees.--A national committee of a political
party (including a national congressional campaign committee of a
political party, an entity that is established, financed, maintained,
or controlled by the national committee, a national congressional
campaign committee of a political party, and an officer or agent of any
such party or entity but not including an entity regulated under
subsection (b)) shall not solicit or receive any contributions,
donations, or transfers of funds, or spend any funds, not subject to
the limitations, prohibitions, and reporting requirements of this Act.
``(b) State, District, and Local Committees.--
``(1) Limitation.--Any amount that is expended or disbursed
by a State, district, or local committee of a political party
(including an entity that is established, financed, maintained,
or controlled by a State, district, or local committee of a
political party and an agent or officer of any such committee
or entity) during a calendar year in which a Federal election
is held, for any activity that might affect the outcome of a
Federal election, including any voter registration or get-out-
the-vote activity, any generic campaign activity, and any
communication that identifies a candidate (regardless of
whether a candidate for State or local office is also mentioned
or identified) shall be made from funds subject to the
limitations, prohibitions, and reporting requirements of this
Act.
``(2) Activity not included in paragraph (1).--
``(A) In general.--Paragraph (1) shall not apply to
an expenditure or disbursement made by a State,
district, or local committee of a political party for--
``(i) a contribution to a candidate for
State or local office if the contribution is
not designated or otherwise earmarked to pay
for an activity described in paragraph (1);
``(ii) the costs of a State, district, or
local political convention;
``(iii) the non-Federal share of a State,
district, or local party committee's
administrative and overhead expenses (but not
including the compensation in any month of any
individual who spends more than 20 percent of
the individual's time on activity during the
month that may affect the outcome of a Federal
election) except that for purposes of this
paragraph, the non-Federal share of a party
committee's administrative and overhead
expenses shall be determined by applying the
ratio of the non-Federal disbursements to the
total Federal expenditures and non-Federal
disbursements made by the committee during the
previous presidential election year to the
committee's administrative and overhead
expenses in the election year in question;
``(iv) the costs of grassroots campaign
materials, including buttons, bumper stickers,
and yard signs that name or depict only a
candidate for State or local office; and
``(v) the cost of any campaign activity
conducted solely on behalf of a clearly
identified candidate for State or local office,
if the candidate activity is not an activity
described in paragraph (1).
``(B) Fundraising.--Any amount that is expended or
disbursed by a national, State, district, or local
committee, by an entity that is established, financed,
maintained, or controlled by a State, district, or
local committee of a political party, or by an agent or
officer of any such committee or entity to raise funds
that are used, in whole or in part, to pay the costs of
an activity described in subparagraph (A) shall be made
from funds subject to the limitations, prohibitions,
and reporting requirements of this Act.
``(c) Tax-exempt Organizations.--No national, State, district, or
local committee of a political party shall solicit any funds for or
make any donations to an organization that is exempt from Federal
taxation under section 501(c) of the Internal Revenue Code of 1986.
``(d) Candidates.--
``(1) In general.--Except as provided in paragraph (2), no
candidate, individual holding Federal office, or agent of a
candidate or individual holding Federal office may--
``(A) solicit or receive funds in connection with
an election for Federal office unless the funds are
subject to the limitations, prohibitions, and reporting
requirements of this Act; or
``(B) solicit or receive funds that are to be
expended in connection with any election for other than
a Federal election unless the funds--
``(i) are not in excess of the amounts
permitted with respect to contributions to
candidates and political committees under
paragraphs (1) and (2) of section 315(a); and
``(ii) are not from sources prohibited by
this Act from making contributions with respect
to an election for Federal office.
``(2) Exception.--Paragraph (1) does not apply to
the solicitation or receipt of funds by an individual
who is a candidate for a State or local office if the
solicitation or receipt of funds is permitted under
State law for the individual's State or local campaign
committee.''.
SEC. 202. STATE PARTY GRASSROOTS FUNDS.
(a) Individual Contributions.--Section 315(a)(1) of the Federal
Election Campaign Act of 1971 (2 U.S.C. 441a(a)(1)) (as amended by
section 105) is amended--
(1) in subparagraph (C) by striking ``or'' at the end;
(2) by redesignating subparagraph (D) as subparagraph (E);
and
(3) by inserting after subparagraph (C) the following:
``(D) to--
``(i) a State Party Grassroots Fund established and
maintained by a State committee of a political party in
any calendar year which, in the aggregate, exceed
$20,000;
``(ii) any other political committee established
and maintained by a State committee of a political
party in any calendar year which, in the aggregate,
exceed $5,000;
except that the aggregate contributions described in this
subparagraph that may be made by a person to the State Party
Grassroots Fund and all committees of a State Committee of a
political party in any State in any calendar year shall not
exceed $20,000; or''.
(b) Multicandidate Committee Contributions to State Party.--Section
315(a)(2) of the Federal Election Campaign Act of 1971 (2 U.S.C.
441a(a)(2)) is amended--
(1) in subparagraph (B), by striking ``or'' at the end;
(2) by redesignating subparagraph (C) as subparagraph (D);
and
(3) by inserting after subparagraph (B) the following:
``(C) to--
``(i) a State Party Grassroots Fund established and
maintained by a State committee of a political party in
any calendar year which in the aggregate, exceed
$15,000;
``(ii) to any other political committee established
and maintained by a State committee of a political
party which, in the aggregate, exceed $5,000;
except that the aggregate contributions described in this
subparagraph that may be made by a multicandidate political
committee to the State Party Grassroots Fund and all committees
of a State Committee of a political party in any State in any
calendar year shall not exceed $15,000; or''.
(c) Overall Limit.--
(1) In general.--Section 315(a) of the Federal Election
Campaign Act of 1971 (2 U.S.C. 441a(a)) is amended by striking
paragraph (3) and inserting the following:
``(3) Overall limit.--
``(A) Election cycle.--No individual shall make
contributions during any election cycle that, in the
aggregate, exceed $60,000.
``(B) Calendar year.--No individual shall make
contributions during any calendar year--
``(i) to all candidates and their
authorized political committees that, in the
aggregate, exceed $25,000; or
``(ii) to all political committees
established and maintained by State committees
of a political party that, in the aggregate,
exceed $20,000.
``(C) Nonelection years.--For purposes of
subparagraph (B)(i), any contribution made to a
candidate or the candidate's authorized political committees in a year
other than the calendar year in which the election is held with respect
to which the contribution is made shall be treated as being made during
the calendar year in which the election is held.''.
(2) Definition.--Section 301 of the Federal Election
Campaign Act of 1971 (2 U.S.C. 431) is amended by adding at the
end the following:
``(20) Election cycle.--The term `election cycle' means--
``(A) in the case of a candidate or the authorized
committees of a candidate, the period beginning on the
day after the date of the most recent general election
for the specific office or seat that the candidate
seeks and ending on the date of the next general
election for that office or sea; and
``(B) in the case of all other persons, the period
beginning on the first day following the date of the
last general election and ending on the date of the
next general election.''.
(d) State Party Grassroots Funds.--
(1) In general.--Title III of the Federal Election Campaign
Act of 1971 (2 U.S.C. 301 et seq.) (as amended by section 201)
is amended by adding at the end the following:
``SEC. 325. STATE PARTY GRASSROOTS FUNDS.
``(a) Definition.--In this section, the term `State or local
candidate committee' means a committee established, financed,
maintained, or controlled by a candidate for other than Federal office.
``(b) Transfers.--Notwithstanding section 315(a)(4), no funds may
be transferred by a State committee of a political party from its State
Party Grassroots Fund to any other State Party Grassroots Fund or to
any other political committee, except a transfer may be made to a
district or local committee of the same political party in the same
State if the district or local committee--
``(1) has established a separate segregated fund for the
purposes described in section 324(b)(1); and
``(2) uses the transferred funds solely for those purposes.
``(c) Amounts Received by Grassroots Funds From State and Local
Candidate Committees.--
``(1) In general.--Any amount received by a State Party
Grassroots Fund from a State or local candidate committee for
expenditures described in section 324(b)(1) that are for the
benefit of that candidate shall be treated as meeting the
requirements of 324(b)(1) and section 304(f) if--
``(A) the amount is derived from funds which meet
the requirements of this Act with respect to any
limitation or prohibition as to source or dollar amount
specified in paragraphs (1)(A) and (2)(A) of section
315(a); and
``(B) the State or local candidate committee--
``(i) maintains, in the account from which
payment is made, records of the sources and
amounts of funds for purposes of determining
whether those requirements are met; and
``(ii) certifies that the requirements were
met.
``(2) Determination of compliance.--For purposes of
paragraph (1)(A), in determining whether the funds transferred
meet the requirements of this Act described in paragraph
(1)(A)--
``(A) a State or local candidate committee's cash
on hand shall be treated as consisting of the funds
most recently received by the committee; and
``(B) the committee must be able to demonstrate
that its cash on hand contains funds meeting those
requirements sufficient to cover the transferred funds.
``(3) Reporting.--Notwithstanding paragraph (1), any State
Party Grassroots Fund that receives a transfer described in
paragraph (1) from a State or local candidate committee shall
be required to meet the reporting requirements of this Act, and
shall submit to the Commission all certifications received,
with respect to receipt of the transfer from the candidate
committee.''.
(2) Definition.--Section 301 of the Federal Election
Campaign Act of 1971 (2 U.S.C. 431) (as amended by subsection
(c)(2)) is amended by adding at the end the following:
``(21) State party grassroots fund.--The term `State Party
Grassroots Fund' means a separate segregated fund established
and maintained by a State committee of a political party solely
for the purpose of making expenditures and other disbursements
described in section 325(a).''.
SEC. 203. REPORTING REQUIREMENTS.
(a) Reporting Requirements.--Section 304 of the Federal Election
Campaign Act of 1971 (2 U.S.C. 434) (as amended by section 232) is
amended by adding at the end the following:
``(f) Political Committees.--
``(1) National and congressional political committees.--The
national committee of a political party, 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) Other political committees to which section 325
applies.--A political committee (not described in paragraph
(1)) to which section 325(b)(1) applies shall report all
receipts and disbursements.
``(3) Other political committees.--Any political committee
to which paragraph (1) or (2) does not apply shall report any
receipts or disbursements that are used in connection with a
Federal election.
``(4) Transfers to State committees.--Any political
committee shall include in its report under paragraph (1) or
(2) the amount of any contribution received by a national
committee which is to be transferred to a State committee for
use directly (or primarily to support) activities described in
section 325(b)(2) and shall itemize such amounts to the extent
required by subsection (b)(3)(A).
``(5) Itemization.--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 required in paragraph (3)(A),
(5), or (6) of subsection (b).
``(6) Reporting periods.--Reports required to be filed
under 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 adding at
the end the following:
``(C) The exclusion provided in subparagraph
(B)(viii) 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 the Federal
Election Campaign Act of 1971 (2 U.S.C. 434) (as amended by subsection
(a)) is amended by adding at the end the following:
``(g) 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.--Section 304(b)(4) of the
Federal Election Campaign Act of 1971 (2 U.S.C. 434(b)(4)) is
amended--
(A) by striking ``and'' at the end of subparagraph
(H);
(B) by inserting ``and'' at the end of subparagraph
(I); and
(C) 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.--Section 304(b)(5)(A) of the
Federal Election Campaign Act of 1971 (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''.
Subtitle B--Soft Money of Persons Other Than Political Parties
SEC. 211. SOFT MONEY OF PERSONS OTHER THAN POLITICAL PARTIES.
Section 304 of the Federal Election Campaign Act of 1971 (2 U.S.C.
434) (as amended by section 203) is amended by adding at the end the
following:
``(h) Election Activity of Persons Other Than Political Parties.--
``(1) In general.--A person other than a committee of a
political party that makes aggregate disbursements totaling in
excess of $10,000 for activities described in paragraph (2)
shall file a statement with the Commission--
``(A) within 48 hours after the disbursements are
made; or
``(B) in the case of disbursements that are made
within 20 days of an election, within 24 hours after
the disbursements are made.
``(2) Activity.--The activity described in this paragraph
is--
``(A) any activity described in section
315(b)(2)(A) that refers to any candidate for Federal
office, any political party, or any Federal election;
and
``(B) any activity described in subparagraph (B) or
(C) of section 315(b)(2).
``(3) Additional statements.--An additional statement shall
be filed each time additional disbursements aggregating $10,000
are made by a person described in paragraph (1).
``(4) Applicability.--This subsection does not apply to--
``(A) a candidate or a candidate's authorized
committees; or
``(B) an independent expenditure.
``(5) Contents.--A statement under this section shall
contain such information about the disbursements as the
Commission shall prescribe, including--
``(A) the name and address of the person or entity
to whom the disbursement was made;
``(B) the amount and purpose of the disbursement;
and
``(C) if applicable, whether the disbursement was
in support of, or in opposition to, a candidate or a
political party, and the name of the candidate or the
political party.''.
Subtitle C--Contributions
SEC. 221. PROHIBITION OF CONTRIBUTIONS TO FEDERAL CANDIDATES AND OF
DONATIONS OF ANYTHING OF VALUE TO POLITICAL PARTIES BY
FOREIGN NATIONALS.
Section 319 of the Federal Election Campaign Act of 1971 (2 U.S.C.
441e) is amended--
(1) by striking the heading and inserting ``prohibition of
contributions to candidates and donations of anything of value
to political parties by foreign nationals''; and
(2) in subsection (a)--
(A) by inserting ``or to make a donation of money
or any other thing of value to a political committee of
a political party'' after ``office''; and
(B) by inserting ``or donation'' after
``contribution'' the second place it appears.
SEC. 222. CLOSING OF SOFT MONEY LOOPHOLE.
Section 315(a)(3) of the Federal Election Campaign Act of 1971 (2
U.S.C. 441a(a)(3)) is amended by striking ``contributions'' and
inserting ``contributions (as defined in section 301) to a candidate or
donations (including a contribution as defined in section 301) to
political committees''.
SEC. 223. CONTRIBUTIONS TO DEFRAY LEGAL EXPENSES OF CERTAIN OFFICIALS.
(a) Contributions to Defray Legal Expenses.--
(1) Prohibition on making of contributions.--It shall be
unlawful for any person to make a contribution to a candidate
for nomination to, or election to, a Federal office (as defined
in section 301(3) of the Federal Election Campaign Act of 1971
(2 U.S.C. 431(3))), an individual who is a holder of a Federal
office, or any head of an Executive department, or any entity
established on behalf of such individual, to defray legal
expenses of such individual--
(1) to the extent it would result in the aggregate amount
of such contributions from such person to or on behalf of such
individual to exceed $10,000 for any calendar year; or
(2) if the person is--
(A) a foreign national (as defined in section
319(b) of the Federal Election Campaign Act of 1971 (2
U.S.C. 441e(b)); or
(B) a person prohibited from contributing to the
campaign of a candidate under section 316 of the
Federal Election Campaign Act of 1971 (2 U.S.C. 441b).
(2) Prohibition on acceptance of contributions.--No person
shall accept a contribution if the contribution would violate
paragraph (1).
(3) Penalty.--A person that knowingly and willfully commits
a violation of paragraph (1) or (2) shall be fined an amount
not to exceed the greater of $25,000 or 300 percent of the
contribution involved in such violation, imprisoned for not
more than 1 year, or both.
(4) Construction of prohibition.--Nothing in this section
shall be construed to permit the making of a contribution that
is otherwise prohibited by law.
(b) Reporting Requirements.--A candidate for nomination to, or
election to, a Federal office, an individual who is a holder of a
Federal office, or any head of an Executive department, or any entity
established on behalf of such individual, that accepts contributions to
defray legal expenses of such individual shall file a quarterly report
with the Federal Election Commission including the following
information:
(1) The name and address of each contributor who makes a
contribution in excess of $25.
(2) The amount of each contribution.
(3) The name and address of each individual or entity
receiving disbursements from the fund.
(4) A brief description of the nature and amount of each
disbursement.
(5) The name and address of any provider of pro bono
services to the fund.
(6) The fair market value of any pro bono services provided
to the fund.
Subtitle D--Independent Expenditures
SEC. 231. CLARIFICATION OF DEFINITIONS RELATING TO INDEPENDENT
EXPENDITURES.
Section 301 of the Federal Election Campaign Act of 1971 (2 U.S.C.
431) is amended by striking paragraphs (17) and (18) and inserting the
following:
``(17) Independent expenditure.--The term `independent
expenditure' means an expenditure that--
``(A) contains express advocacy; and
``(B) is made without cooperation or consultation
with any candidate, or any authorized committee or
agent of such candidate, and which is not made in
concert with, or at the request or suggestion of, any
candidate, or any authorized committee or agent of such
candidate.
``(18) Express advocacy.--
``(A) In general.--The term `express advocacy'
means a communication that, taken as a whole and with
limited reference to external events, makes positive
statements about or negative statements about or makes
an expression of support for or opposition to a
specific candidate, a specific group of candidates, or
candidates of a particular political party.
``(B) Expression of support for or opposition to.--
In subparagraph (A), the term `expression of support
for or opposition to' includes 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, or to refrain from taking action.
``(C) Voting records.--The term `express advocacy'
does not include the publication and distribution of a
communication that is limited to providing information
about votes by elected officials on legislative matters
and that does not expressly advocate the election or
defeat of a clearly identified candidate.''.
SEC. 232. REPORTING REQUIREMENTS FOR INDEPENDENT EXPENDITURES.
(a) Time for Reporting Certain Expenditures.--Section 304(c) of the
Federal Election Campaign Act of 1971 (2 U.S.C. 434(c)) is amended--
(1) in paragraph (2), by striking the undesignated matter
after subparagraph (C);
(2) by redesignating paragraph (3) as paragraph (4); and
(3) by inserting after paragraph (2), as amended by
paragraph (1), the following:
``(d) Time for Reporting Certain Expenditures.--
``(1) Expenditures aggregating $1,000.--
``(A) Initial report.--A person that makes or
obligates to make independent expenditures aggregating
$1,000 or more after the 20th day, but more than 24
hours, before an election shall file a report
describing the expenditures within 24 hours after that
amount of independent expenditures has been made or
obligated to be made.
``(B) Additional reports.--After a person files a
report under subparagraph (A), the person filing the
report shall file an additional report each time that
independent expenditures are made or obligated to be
made aggregating an additional $1,000 with respect to
the same election as that to which the initial report
relates.
``(2) Expenditures aggregating $10,000.--
``(A) Initial report.--A person that makes or
obligates to make independent expenditures aggregating
$10,000 or more after the 90th day and up to and
including the 20th day before an election shall file a
report describing the expenditures within 24 hours
after that amount of independent expenditures has been
made or obligated to be made.
``(B) Additional reports.--After a person files a
report under subparagraph (A), the person filing the
report shall file an additional report each time that
independent expenditures are made or obligated to be
made aggregating an additional $10,000 with respect to
the same election as that to which the initial report
relates.
``(3) Contents of Report.--A report under this subsection--
``(A) shall be filed with the Commission;
``(B) shall contain the information required by
subsection (c).''.
(b) Affidavit Requirement.--Section 304 of the Federal Election
Campaign Act of 1971 (2 U.S.C. 434) (as amended by subsection (a)) is
amended--
(1) in subsection (c)(2)(B), by inserting ``(in the case of
a committee, by both the chief executive officer and the
treasurer of the committee)'' after ``certification''; and
(2) by adding at the end the following:
``(e) Certification Requirements.--
``(1) Commission.--Not later than 48 hours after receipt of
a certification under subsection (c)(2)(B), the Commission
shall notify the candidate to which the independent expenditure
refers and the candidate's campaign manager and campaign
treasurer that an expenditure has been made and a certification
has been received.
``(2) Candidate.--Not later than 48 hours after receipt of
notification under paragraph (1), the candidate and the
candidate's campaign manager and campaign treasurer shall each
file with the Commission a certification, under penalty of
perjury, stating whether or not the independent expenditure was
made in cooperation, consultation, or concert, with, or at the
request or suggestion of, the candidate or authorized committee
or agent of such candidate.''.
TITLE III--APPROPRIATIONS
SEC. 301. AUTHORIZATION OF APPROPRIATIONS.
The Federal Election Campaign Act of 1971 is amended--
(1) by striking section 314 (2 U.S.C. 439c) and inserting
the following:
``SEC. 314. [REPEALED].'';
and
(2) by inserting after section 407 the following:
``SEC. 408. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this Act and
chapters 95 and 96 of the Internal Revenue Code of 1986 such sums as
are necessary.''.
TITLE IV--SEVERABILITY; JUDICIAL REVIEW; EFFECTIVE DATE; REGULATIONS
SEC. 401. SEVERABILITY.
If any provision of this Act, an amendment made by this Act, or the
application of such provision or amendment to any person or
circumstance is held to be unconstitutional, the remainder of this Act,
the amendments made by this Act, and the application of the provisions
of such to any person or circumstance shall not be affected thereby.
SEC. 402. 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.
SEC. 403. EFFECTIVE DATE.
Except as otherwise provided in this Act, the amendments made by,
and the provisions of, this Act shall take effect on January 1, 1998.
SEC. 404. REGULATIONS.
The Federal Election Commission shall prescribe any regulations
required to carry out this Act not later than 9 months after the
effective date of this Act.
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