[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 331 Introduced in House (IH)]
106th CONGRESS
1st Session
H. R. 331
To amend the Federal Election Campaign Act of 1971 to provide for
public funding for House of Representatives elections, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 19, 1999
Mr. Andrews introduced the following bill; which was referred to the
Committee on House Administration
_______________________________________________________________________
A BILL
To amend the Federal Election Campaign Act of 1971 to provide for
public funding for House of Representatives 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. PUBLIC FUNDING FOR HOUSE OF REPRESENTATIVES ELECTIONS.
The Federal Election Campaign Act of 1971 is amended by adding at
the end the following new title:
``TITLE V--PUBLIC FUNDING FOR HOUSE OF REPRESENTATIVES ELECTIONS
``SEC. 501. QUALIFICATIONS FOR PUBLIC FUNDING.
``A House of Representatives candidate qualifies for public funding
if, as determined by the Commission--
``(1) at least 6 weeks before the general election, the
candidate obtains the signatures of 3 percent of the registered
voters in the congressional district involved; or
``(2) the candidate is the candidate of a political party,
the candidate of which, in the preceding general election,
received more than 25 percent of the vote.
``SEC. 502. LIMITATIONS ON CONTRIBUTIONS TO QUALIFYING HOUSE OF
REPRESENTATIVES CANDIDATES.
``(a) Individual Contributions Requirement.--A qualifying House of
Representatives candidate may not accept contributions other than
contributions from individuals that total not more than $100 per
individual per election cycle.
``(b) In-State Contribution Requirement.-- With respect to each
reporting period for an election, at least 80 percent of the total sum
of contributions accepted by a qualifying House of Representatives
candidate shall be from the State in which the congressional district
involved is located.
``SEC. 503. USE OF PUBLIC FUNDING.
``(a) In General.--A qualifying House of Representatives candidate
may use public funds only for--
``(1) buying time on radio, cable, or television broadcast
stations;
``(2) buying rental space on billboards or other outdoor
signs;
``(3) buying advertising space in magazines, newspapers,
periodicals, and other advertising media, including theaters,
the internet, and the worldwide web;
``(4) payment of the cost of producing advertisements for
media referred to in paragraphs (1), (2), and (3);
``(5) procurement of computerized campaign software, voter
lists, and other voter contact tools;
``(6) payment of the cost of printing and mailing campaign
literature;
``(7) payment of the cost of telephone expenses;
``(8) payment of legal and accounting costs associated with
campaigning;
``(9) payment of campaign employees' salaries;
``(10) payment of the cost of campaign office equipment and
supplies; and
``(11) payment of incidental expenses of the candidate,
such as travel and food.
``(b) Specific Exclusion.--A qualifying House of Representatives
candidate may not use public funds under this title to pay the
candidate a salary or personal mortgages.
``(c) Calculation of Public Disbursement.--A qualifying House of
Representatives candidate shall receive public funds closely
approximating the cost of procuring 2\1/2\ hours of television
commercial time on local television stations in the district's media
markets. An exact amount shall be determined by the Commission, using
(i) the average cost of a media point per media market, as defined by
Arbitron Area of Dominant Influence, for the 4th quarter of the
preceding calendar year, and (ii) a multiplier of 5,000 media points.
The funds may be used for any purpose specified in subsection (a).
``(d) Disbursements.--The Commission shall make disbursements of
public funds under this title upon submission of evidence that an
eligible expense has been incurred. No disbursement may be made with
respect to an expense incurred more than 4 months before the election
involved.
``SEC. 504. MAXIMUM AMOUNT OF PUBLIC FUNDING.
``(a) In General.--The maximum amount of public funding that a
qualifying House of Representatives candidate may receive is $750,000.
``(b) Indexing.--The amount under subsection (a) shall be increased
as of the beginning of each even-numbered calendar year, based on the
increase in the price index determined under section 315(c), except
that the base period shall be calendar year 1995.
``SEC. 505. TELEVISION DEBATE REQUIREMENT.
``A qualifying House of Representatives candidate shall be required
to participate in at least 2 televised debates, organized by a
bipartisan or nonpartisan group, in the congressional district media
market.
``SEC. 506. REQUIREMENT FOR ACCEPTANCE OF ADVERTISING BY RADIO AND
TELEVISION STATIONS.
``(a) In General.--Each radio station and each television station
shall be--
``(1) required to accept orders for advertisements to be
paid for under this title until such advertising constitutes 40
percent of the station's total advertising time; and
``(2) subject to random periodic examination of advertising
charges paid under this title to ensure that such charges are
correct.
``(b) Condition of License.--The continuation of an existing
license, the renewal of an expiring license, and the issuance of a new
license under section 307 of the Communications Act of 1934 (47 U.S.C.
307) shall be conditioned on the agreement by the licensee to abide by
the provisions of subsection (a)(1).
``SEC. 507. DEFINITIONS.
``As used in this title--
``(1) the term `House of Representatives candidate' means a
candidate for the office of Representative in, or Delegate or
Resident Commissioner to, the Congress;
``(2) the term `qualifying House of Representatives
candidate' means a House of Representatives candidate who
qualifies for public funding under this title; and
``(3) the term `congressional district media market' means,
with respect to a congressional district, the media market of
that district, as determined from the licensing records of the
Federal Communications Commission.''.
SEC. 2. [211]
A national committee of a political party, including the national
congressional campaign committees of a political party, and any
officers or agents of such party committees, 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. This provision shall apply to any entity that
is established, financed, maintained or controlled by a national
committee of a political party, including the national congressional
campaign committees of a political party, and any officer or agents of
such party committees, other than an entity that is regulated by
section (2) below.
SEC. 3. [212]
(a) Any amount expended or disbursed by a State, district, or local
committee of a political party, during a calendar year in which a
Federal election is held, for any activity which might affect the
outcome of a Federal election, including but not limited to any voter
registration and get-out-the-vote activity, any generic campaign
activity, and any communication that identifies a Federal candidate
(regardless of whether a State or local candidate is also mentioned or
identified) shall be made from funds subject to the limitations,
prohibitions and reporting requirements of this Act.
(b) Paragraph (a) shall not apply to expenditures or disbursements
made by a State, district or local committee of a political party for--
(1) a contribution to a candidate other than for Federal
office, provided that such contribution is not designated or
otherwise earmarked to pay for activities described in
subparagraph (a) above;
(2) the costs of a State or district/local political
convention;
(3) 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 his or her time on activity
during such month which may affect the outcome of a Federal
election). For purposes of this provision, 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;
(4) the costs of grassroots campaign materials, including
buttons, bumperstickers, and yard signs, which material solely
name or depict a State or local candidate; and
(5) the cost of any campaign activity conducted solely on
behalf of a clearly identified State or local candidate,
provided that such activity is not covered by subparagraph (a)
above.
(c) Any amount spent by a national, State, district or local
committee or entity of a political party to raise funds that are used,
in whole or in part, to pay the costs of any activity covered by
paragraph 2(a) above shall be made from funds subject to the
limitations, prohibitions, and reporting requirements of this Act.
This provision shall apply to any entity that is established,
financed, maintained, or controlled by a State, district or local
committee of a political party or any agent or officer of such party
committee in the same manner as it applies to that committee.
SEC. 4. [213]
No national, State, district or local committee of a political
party shall solicit any funds for or make any donations to any
organization that is exempt from Federal taxation under 26 U.S.C.
501(c).
SEC. 5. [214]
No candidate for Federal office, individual holding Federal office,
or any agent of such candidate or officeholder, may solicit or receive
any funds in connection with any Federal election unless such funds are
subject to the limitations, prohibitions and reporting requirements of
this Act; This provision shall not apply to the solicitation or receipt
of funds by an individual who is a candidate for a non-Federal office
if such activity is permitted under State law for such individual's
non-Federal campaign committee.
SEC. 6. REPORTING REQUIREMENTS. [215]
(a) Reporting Requirements.--Section 304 of the Federal Election
Campaign Act of 1971 (2 U.S.C. 434) is amended by adding at the end the
following new subsection:
``(d) Political Committees.--(1) 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) A political committee (not described in paragraph (1)) to
which section 325 applies shall report all receipts and disbursements
including separate schedules for receipts and disbursements for any
State Party Grassroots Fund described in section 301(21).
``(3) Any political committee to which section 325 applies shall
include in its report under paragraph (1) or (2) the amount of any
transfer described in section 325(d)(2) and shall itemize such amounts
to the extent required by subsection (b)(3)(A).
``(4) 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.
``(5) 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
subsection (b) (3)(A), (5), or (6).
``(6) 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 inserting
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 $50
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 new subsection:
``(e) 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''.
SEC. 7. SOFT MONEY OF PERSONS OTHER THAN POLITICAL PARTIES. [221]
Section 304 of the Federal Election Campaign Act of 1971 (2 U.S.C.
434), as amended by section 215(c), is amended by adding at the end the
following new subsection:
``(f) Election Activity of Persons Other Than Political Parties.--
(1)(A)(i) If any person to which section 325 does not apply makes (or
obligates to make) disbursements for activities described in section
325(b) in excess of $2,000, such person shall file a statement--
``(I) on or before the date that is 48 hours before the
disbursements (or obligations) are made; or
``(II) in the case of disbursements (or obligations) that
are required to be made within 14 days of the election, on or
before such 14th day.
``(ii) An additional statement shall be filed each time additional
disbursements aggregating $2,000 are made (or obligated to be made) by
a person described in clause (i).
``(B) This paragraph shall not apply to--
``(i) a candidate or a candidate's authorized committees;
or
``(ii) an independent expenditure (as defined in section
301(17)).
``(2) Any statement under this section shall be filed with the
Secretary of the Senate or the Clerk of the House of Representatives,
and the Secretary of State (or equivalent official) of the State
involved, as appropriate, and shall contain such information as the
Commission shall prescribe, including whether the disbursement is in
support of, or in opposition to, 1 or more candidates or any political
party. The Secretary of the Senate or Clerk of the House of
Representatives shall, as soon as possible (but not later than 24 hours
after receipt), transmit a statement to the Commission. Not later than
48 hours after receipt, the Commission shall transmit the statement
to--
``(A) the candidates or political parties involved; or
``(B) if the disbursement is not in support of, or in
opposition to, a candidate or political party, the State
committees of each political party in the State involved.
``(3) The Commission may make its own determination that
disbursements described in paragraph (1) have been made or are
obligated to be made. The Commission shall notify the candidates or
political parties described in paragraph (2) not later than 24 hours
after its determination.''.
SEC. 8. CONTRIBUTIONS THROUGH INTERMEDIARIES AND CONDUITS. [231]
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 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. If 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 the
intended recipient.
``(B) Contributions made directly or indirectly by
a person to or on behalf of a particular candidate
through an intermediary or conduit, including
contributions 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, a
political party, or an officer,
employee, or agent of either;
``(II) a person 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 report the activities of such
person;
``(III) a person who is prohibited
from making contributions under section
316 or a partnership; or
``(IV) an officer, employee, or
agent of a person described in
subclause (II) or (III) acting on
behalf of such person.
``(C) The term `contributions arranged to be made'
includes--
``(i)(I) contributions delivered directly
or indirectly to a particular candidate or the
candidate's authorized committee or agent by
the person who facilitated the contribution;
and
``(II) contributions made directly or
indirectly to a particular candidate or the
candidate's authorized committee or agent that
are provided at a fundraising event sponsored
by an intermediary or conduit described in
subparagraph (B);
(D) This paragraph shall not prohibit--
``(i) fundraising efforts for the benefit
of a candidate that are conducted by another
candidate or Federal officeholder; or
``(ii) the solicitation by an individual
using the individual's resources and acting in
the individual's own name of contributions from
other persons in a manner not described in
paragraphs (B) and (C).''.
SEC. 9. EFFECTIVE DATE.
The amendments made by this Act shall apply with respect to
elections taking place after [TO BE SUPPLIED].
<all>