[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2461 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 2461
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
July 11, 2001
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. SHORT TITLE.
This Act may be cited as the ``Public Campaign Financing Act of
2001''.
SEC. 2. 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.--
``(1) In general.--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.
``(2) Criteria for determining amount.--An exact amount of
the funds provided to a candidate under this section shall be
determined by the Commission, using--
``(A) 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
``(B) a multiplier of 5,000 media points.
``(3) Use of funds.--The funds provided under this section
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 2001.
``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. 3. RESTRICTIONS ON SOFT MONEY OF POLITICAL PARTIES AND CANDIDATES.
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:
``restrictions on soft money of political parties and candidates
``Sec. 323. (a) National Parties.--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 subsection (b).
``(b) State and Local Parties.--
``(1) In general.--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.
``(2) Exceptions.--Paragraph (1) shall not apply to
expenditures or disbursements made by a State, district, or
local committee of a political party for--
``(A) a contribution to a candidate other than for
Federal office, so long as the contribution is not
designated or otherwise earmarked to pay for activities
described in paragraph (1);
``(B) the costs of a State, district, or local
political convention;
``(C) 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),
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;
``(D) the costs of grassroots campaign materials
(including buttons, bumper stickers, and yard signs)
which solely name or depict a State or local candidate;
and
``(E) the cost of any campaign activity conducted
solely on behalf of a clearly identified State or local
candidate, so long as the activity does not identify a
Federal candidate.
``(3) Applicability.--This subsection 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.
``(c) Fundraising Costs.--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 subsection (b)(1) shall be made from funds subject
to the limitations, prohibitions, and reporting requirements of this
Act.
``(d) Solicitation by Parties for Nonprofits.--No national, State,
district, or local committee of a political party may solicit any funds
for or make any donations to any organization that is exempt from
Federal taxation under section 501(c) of the Internal Revenue Code of
1986.
``(e) Solicitation and Receipt of Funds by Candidates and
Officeholders.--
``(1) In general.--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.
``(2) Exception for activities permitted under state law.--
Paragraph (1) 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. 4. REPORTING REQUIREMENTS.
(a) Reporting Receipts and Disbursements by Political Parties and
Other Committees.--Section 304 of the Federal Election Campaign Act of
1971 (2 U.S.C. 434), as amended by section 502(a) of the Department of
Transportation and Related Agencies Act, 2001 (as enacted into law by
reference under section 101(a) of Public Law 106-346), is amended by
adding at the end the following new subsection:
``(e) Receipts and Disbursements of Political Parties and Other
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 to which section 323 applies (other
than a committee described in paragraph (1)) shall report all receipts
and disbursements.
``(3) 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) 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).
``(5) 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 such Act (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 such Act (2
U.S.C. 434), as amended by subsection (a), is amended by adding at the
end the following new subsection:
``(f) 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 such Act
(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 such Act
(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. 5. REPORTING OF ELECTION ACTIVITY 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 4(c), is amended by adding at the end the
following new subsection:
``(g) Election Activity of Persons Other Than Political Parties.--
``(1) Requirement described.--(A) If any person to which
section 323 does not apply makes (or obligates to make)
disbursements for activities described in section 323(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.
``(B) 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 subparagraph (A).
``(2) Contents of statement.--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) Determinations by commission.--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.
``(4) Exceptions.--This subsection shall not apply to--
``(A) a candidate or a candidate's authorized
committees; or
``(B) an independent expenditure (as defined in
section 301(17)).''.
SEC. 6. CONTRIBUTIONS THROUGH INTERMEDIARIES AND CONDUITS.
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 4 of the
Lobbying Disclosure Act of 1995 (2 U.S.C.
1603), 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. 7. EFFECTIVE DATE.
The amendments made by this Act shall apply with respect to
elections occurring after December 31, 2002.
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