[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 151 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 151
To amend the Federal Election Campaign Act of 1971 to reform the
financing and conduct of campaigns for elections for Federal office,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 3, 2001
Mr. Petri introduced the following bill; which was referred to the
Committee on House Administration, and in addition to the Committee on
Ways and Means, for a period to be subsquently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend the Federal Election Campaign Act of 1971 to reform the
financing and conduct of campaigns for elections for Federal office,
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. DISCLOSURE AND REPORTS RELATING TO POLLING BY TELEPHONE OR
ELECTRONIC DEVICE.
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:
``disclosure and reports relating to polling by telephone or electronic
device
``Sec. 323. (a) Disclosure to Respondents.--Any person who conducts
a Federal election poll by telephone or electronic device shall
disclose to each respondent the identity of the person paying the
expenses of the poll. The disclosure shall be made at the end of the
interview involved.
``(b) Reports to Commission.--In the case of any Federal election
poll by telephone or electronic device--
``(1) if the results are not to be made public, the person
who conducts the poll shall report to the Commission the total
cost of the poll and all sources of funds for the poll; and
``(2) the person who conducts the poll shall report to the
Commission the total number of households contacted and include
with such report a copy of the poll questions.
``(c) Federal Election Poll Defined.--As used in this section, the
term `Federal election poll' means a survey--
``(1) in which the respondent is asked to state opinions or
views regarding a future election for Federal office; and
``(2) in which more than 1,200 households are surveyed.''.
SEC. 2. TAX CREDIT FOR CERTAIN POLITICAL CONTRIBUTIONS.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to nonrefundable
personal credits) is amended by inserting after section 25A the
following new section:
``SEC. 25B. CREDIT FOR POLITICAL CONTRIBUTIONS.
``(a) In General.--In the case of an individual, there shall be
allowed as a credit against the tax imposed by this chapter for the
taxable year an amount equal to one-half of all political
contributions, and all newsletter fund contributions, paid by the
taxpayer during the taxable year.
``(b) Limitations.--
``(1) Maximum credit.--The credit allowed by subsection (a)
shall not exceed $100 ($200 in the case of a joint return).
``(2) Verification.--The credit allowed by subsection (a)
shall be allowed, with respect to any political contribution or
newsletter fund contribution, only if such contribution is
verified in such manner as the Secretary shall prescribe by
regulation.
``(c) Definitions.--For purposes of this section--
``(1) Political contribution.--The term `political
contribution' means a contribution or gift of money, or the
fair market value of a contribution or gift of property, to--
``(A) an individual who is a candidate for
nomination or election to any Federal, State, or local
elective public office in any primary, general, or
special election, for use by such individual to further
the candidacy of the individual for nomination or
election to such office,
``(B) any committee, association, or organization
(whether or not incorporated) organized and operated
exclusively for the purposes of influencing, or
attempting to influence, the nomination or election of
one or more individuals who are candidates for
nomination or election to any Federal, State, or local
elective public office, for use by such committee,
association, or organization to further the candidacy
of such individual or individuals for nomination or
election to such office,
``(C) the national committee of a national
political party,
``(D) the State committee of a national political
party as designated by the national committee of such
party, or
``(E) a local committee of a national political
party as designated by the State committee of such
party designated under subparagraph (D).
``(2) Newsletter fund.--The term `newsletter fund' means a
fund described in section 527(g)(1).
``(3) Candidate.--The term `candidate' means, with respect
to any Federal, State, or local elective public office, an
individual who--
``(A) publicly announces before the close of the
calendar year following the calendar year in which the
political contribution is made that the individual is a
candidate for nomination or election to such office;
and
``(B) meets the qualifications prescribed by law to
hold such office.
``(4) National political party.--The term `national
political party' means--
``(A) in the case of political contributions made
during a taxable year of the taxpayer in which the
electors of President and Vice President are chosen, a
political party presenting candidates or electors for
such offices on the official election ballot of ten or
more States; or
``(B) in the case of political contributions made
during any other taxable year of the taxpayer, a
political party which met the qualifications described
in subparagraph (A) in the last preceding election of a
President and Vice President.
``(5) State and local.--The term `State' means the various
States and the District of Columbia; and the term `local' means
a political subdivision or part thereof, or two or more
political subdivisions or parts thereof, of a State.''.
``(d) Cross References.--
``For transfer of appreciated property
to a political organization, see section 84.
``For certain indirect contributions to
political parties, see section 276.''.
(b) Conforming Amendment.--The table of sections for subpart A of
part IV of subchapter A of chapter 1 of such Code (relating to
nonrefundable personal credits) is amended by inserting after the item
relating to section 25A the following new item:
``Sec. 25B. Credit for political
contributions.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31 of the calendar year
in which this Act is enacted.
SEC. 3. PRESIDENTIAL CAMPAIGN FUND.
(a) Repeal of Provisions Concerning Presidential Campaign Fund.--
The following provisions of the Internal Revenue Code of 1986 are
hereby repealed:
(1) Part VIII of subchapter A of chapter 61 of subtitle F
of such Code (relating to designation of income tax payments to
Presidential Election Campaign Fund).
(2) Subtitle H (relating to financing of Presidential
election campaigns).
(b) Conforming Amendments.--
(1) Table of parts.--The table of parts of subchapter A of
chapter 61 of subtitle F of such Code is amended by striking
the item relating to part VIII.
(2) Table of subtitles.--The table of subtitles of such
Code is amended by striking the item relating to subtitle H.
(c) Effective Dates.--
(1) Designation of income tax payments to fund.--The
amendment made by subsection (a)(1) applies to taxable years
beginning after December 31, 1999.
(2) Financing of presidential election campaigns.--The
amendment made by subsection (a)(2) shall take effect on the
date that is 2 years after the date of the enactment of this
Act, except that no payment may be made from the Presidential
Election Campaign Fund or the Presidential Primary Matching
Payment Account with respect to any Presidential election
occurring more than 2 years after the date of the enactment of
this Act.
(d) Amounts Remaining in Funds.--The Secretary of the Treasury
shall deposit into the Treasury of the United States as miscellaneous
receipts any amounts that remain, on the date that is 2 years after the
date of the enactment of this Act, in the Presidential Election
Campaign Fund or the Presidential Primary Matching Payment Account.
SEC. 4. REQUIRING MAJORITY OF SENATE AND HOUSE OF REPRESENTATIVES
CANDIDATE FUNDS TO COME FROM INDIVIDUALS RESIDING IN THE
STATE IN WHICH THE ELECTION IS HELD.
(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 Senator or Representative
in, or Delegate or Resident Commissioner to, the Congress may not
accept contributions with respect to an election cycle from persons
other than local individual residents totaling in excess of the total
of contributions accepted from local individual residents (as
determined on the basis of the most recent information included in
reports pursuant to section 304(d).
``(2) In determining the amount of contributions accepted by a
candidate for purposes of this subsection, contributions of the
candidate's personal funds shall be subject to the following rules:
``(A) To the extent that the amount of the contribution
does not exceed the limitation on contributions made by an
individual under subsection (a)(1)(A), such contribution shall
be treated as any other contribution.
``(B) The portion (if any) of the contribution which
exceeds the limitation on contributions which may be made by an
individual under subsection (a)(1)(A) shall be allocated in
accordance with paragraph (8).
``(3) In determining the amount of contributions accepted by a
candidate for purposes of this subsection, contributions from a
political party or a political party committee shall be allocated in
accordance with paragraph (8).
``(4) In determining the amount of contributions accepted by a
candidate for purposes of this subsection, any funds remaining in the
candidate's campaign account after the filing of the post-general
election report under section 304(a)(2)(A)(ii) for the most recent
general election shall be allocated in accordance with paragraph (8).
``(5) In determining the amount of contributions accepted by a
candidate for purposes of this subsection, any contributions accepted
pursuant to subsection (j) which are from persons other than local
individual residents shall be allocated in accordance with paragraph
(8).
``(6)(A) Any candidate who accepts contributions that exceed the
limitation under this subsection, as determined on the basis of
information included in reports pursuant to section 304(d), shall pay
to the Commission at the time of the filing of the report which
contains the information, for deposit in the Treasury, an amount equal
to 3 times the amount of the excess contributions (or, in the case of a
candidate described in subparagraph (C), an amount equal to 5 times the
amount of the excess contributions plus a civil penalty in an amount
determined by the Commission).
``(B) Any amounts paid by a candidate under this paragraph shall be
paid from contributions subject to the limitations and prohibitions of
this title, including the limitation under this subsection.
``(C) A candidate described in this subparagraph is a candidate who
accepts contributions that exceed the limitation under this subsection
as of the last day of the period ending on the 20th day before an
election or any period ending after such 20th day and before or on the
20th day after such election.
``(7) As used in this subsection, the term `local individual
resident' means an individual who resides in the State in which the
election involved is held.
``(8) For purposes of this subsection, any amounts allocated in
accordance with this paragraph shall be allocated as follows:
``(A) 50 percent of such amounts shall be deemed to be
contributions from local individual residents.
``(B) 50 percent of such amounts shall be deemed to be
contributions from persons other than local individual
residents.''.
(b) Reporting Requirements.--Section 304 of such Act (2 U.S.C. 434)
is amended by adding at the end the following new subsection:
``(d) Each principal campaign committee of a candidate for the
Senate or the House of Representatives shall include the following
information in reports filed under subsection (a)(2) and subsection
(a)(6)(A):
``(1) With respect to each report filed under such
subsection--
``(A) the total contributions received by the
committee with respect to the election cycle involved
from local individual residents (as defined in section
315(i)(7)), as of the last day of the period covered by
the report;
``(B) the total contributions received by the
committee with respect to the election cycle involved
which are not from local individual residents, as of
the last day of the period covered by the report; and
``(C) a certification as to whether the
contributions reported comply with the limitation under
section 315(i), as of the last day of the period
covered by the report.
``(2) In the case of the first report filed under such
subsection which covers the period which begins 19 days before
an election and ends 20 days after the election--
``(A) the total contributions received by the
committee with respect to the election cycle involved
from local individual residents (as defined in section
315(i)(7)), as of the last day of such period;
``(B) the total contributions received by the
committee with respect to the election cycle involved
which are not from local individual residents, as of
the last day of such period; and
``(C) a certification as to whether the
contributions reported comply with the limitation under
section 315(i), as of the last day of such period.''.
SEC. 5. PROHIBITING BUNDLING OF CONTRIBUTIONS TO CANDIDATES BY
POLITICAL ACTION COMMITTEES AND LOBBYISTS.
Section 316 of the Federal Election Campaign Act of 1971 (2 U.S.C.
441b) is amended by adding at the end the following new subsection:
``(c)(1) No political action committee or person required to
register under the Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et
seq.) may act as an intermediary or conduit with respect to a
contribution to a candidate for Federal office.
``(2) In this subsection, the term `political action committee'
means any political committee which is not--
``(A) the principal campaign committee of a candidate; or
``(B) a political party committee.''.
SEC. 6. MODIFICATION OF LIMITATIONS ON CONTRIBUTIONS WHEN CANDIDATES
SPEND OR CONTRIBUTE LARGE AMOUNTS OF PERSONAL FUNDS.
(a) In General.--Section 315 of the Federal Election Campaign Act
of 1971 (2 U.S.C. 441a), as amended by section 4(a), is further amended
by adding at the end the following new subsection:
``(j)(1) Notwithstanding subsection (a), if in a general election a
House candidate makes expenditures of personal funds (including
contributions by the candidate to the candidate's authorized campaign
committee) in an amount in excess of the amount of the limitation
established under subsection (a)(1)(A) and less than or equal to
$150,000 (as reported under section 304(a)(2)(A)), a political party
committee may make contributions to an opponent of the House candidate
without regard to any limitation otherwise applicable to such
contributions under subsection (a), except that the opponent may not
accept aggregate contributions under this paragraph in an amount
greater than the greatest amount of personal funds expended (including
contributions to the candidate's authorized campaign committee) by any
House candidate (other than such opponent) with respect to the election
(as reported in a notification submitted under section 304(a)(6)(B)).
``(2) If a House candidate makes expenditures of personal funds
(including contributions by the candidate to the candidate's authorized
campaign committee) with respect to an election in an amount greater
than $150,000 (as reported under section 304(a)(2)(A)), the following
rules shall apply:
``(A) In the case of a general election, the limitations
under subsections (a)(1) and (a)(2) (insofar as such
limitations apply to political party committees and to
individuals) shall not apply to contributions to the candidate
or to any opponent of the candidate, except that neither the
candidate nor any opponent may accept aggregate contributions
under this subparagraph and paragraph (1) in an amount greater
than the greatest amount of personal funds (including contributions to
the candidate's authorized campaign committee) expended by any House
candidate with respect to the election (as reported in a notification
submitted under section 304(a)(6)(B)).
``(B) In the case of an election other than a general
election, the limitations under subsection (a)(1) (insofar as
such limitations apply to individuals) shall not apply to
contributions to the candidate or to any opponent of the
candidate, except that neither the candidate or any opponent
may accept aggregate contributions under this subparagraph in
an amount greater than the greatest amount of personal funds
(including contributions to the candidate's authorized campaign
committee) expended by any House candidate with respect to the
election (as reported in a notification submitted under section
304(a)(6)(B)).
``(3) In this subsection, the term `House candidate' means a
candidate in an election for the office of Representative in, or
Delegate or Resident Commissioner to, the Congress.''.
(b) Notification of Expenditures of Personal Funds.--Section
304(a)(6) of such Act (2 U.S.C. 434(a)(6)) is amended--
(1) by redesignating subparagraph (B) as subparagraph (C);
and
(2) by inserting after subparagraph (A) the following new
subparagraph:
``(B)(i) The principal campaign committee of a House candidate (as
defined in section 315(j)(3)) shall submit the following notifications
relating to expenditures of personal funds by such candidate (including
contributions by the candidate to such committee):
``(I) A notification of the first such expenditure (or
contribution) by which the aggregate amount of personal funds
expended (or contributed) with respect to an election exceeds
the amount of the limitation established under section
315(a)(1)(A) for elections in the year involved.
``(II) A notification of each such expenditure (or
contribution) which, taken together with all such expenditures
(and contributions) in any amount not included in the most
recent report under this subparagraph, totals $5,000 or more.
``(III) A notification of the first such expenditure (or
contribution) by which the aggregate amount of personal funds
expended with respect to the election exceeds the level
applicable under section 315(j)(2) for elections in the year
involved.
``(ii) Each of the notifications submitted under clause (i)--
``(I) shall be submitted not later than 24 hours after the
expenditure or contribution which is the subject of the
notification is made;
``(II) shall include the name of the candidate, the office
sought by the candidate, and the date of the expenditure or
contribution and amount of the expenditure or contribution
involved; and
``(III) shall include the total amount of all such
expenditures and contributions made with respect to the same
election as of the date of expenditure or contribution which is
the subject of the notification.''.
SEC. 7. DEFINITION AMENDMENT.
Paragraph (19) of section 301 of the Federal Election Campaign Act
of 1971 (2 U.S.C. 431(19)) is amended to read as follows:
``(19) The term `expressly advocating' means that--
``(A) the qualifications, views, or fitness for office of
the candidate are discussed; or
``(B) a voter is urged to vote for or against the specified
candidate.''.
SEC. 8. REDUCTION IN LIMITATION AMOUNT APPLICABLE TO CONTRIBUTIONS BY
MULTICANDIDATE POLITICAL COMMITTEES TO CANDIDATES.
Section 315(a)(2)(A) of the Federal Election Campaign Act of 1971
(2 U.S.C. 441a(a)(2)(A)) is amended by striking ``$5,000'' and
inserting ``$2,000''.
SEC. 9. EFFECTIVE DATE.
Except as otherwise provided, the amendments made by this Act shall
apply with respect to elections occurring after December 31, 2001.
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