[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 602 Introduced in Senate (IS)]
107th CONGRESS
1st Session
S. 602
To reform Federal election law.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 22, 2001
Mr. Domenici introduced the following bill; which was read twice and
referred to the Committee on Rules and Administration
_______________________________________________________________________
A BILL
To reform Federal election law.
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 ``Common Sense
Federal Election Reform Act of 2001''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Modification of individual contribution limits in response to
expenditures from personal funds.
Sec. 3. Increase in contribution limits.
Sec. 4. Limit on soft money donations to political parties.
Sec. 5. Increased disclosure for certain communications.
Sec. 6. Use of union dues for purposes unrelated to collective
bargaining.
Sec. 7. Prohibition of fundraising on Federal property and other
criminal prohibitions.
Sec. 8. Contributions to defray legal expenses of certain officials.
Sec. 9. Increased criminal penalties for violations of foreign national
provisions and contributions in the name of
another.
Sec. 10. Term limits for Federal Election Commission.
SEC. 2. MODIFICATION OF INDIVIDUAL CONTRIBUTION LIMITS IN RESPONSE TO
EXPENDITURES FROM PERSONAL FUNDS.
(a) Increased Limits for Individuals.--
(1) In general.--Section 315 of the Federal Election
Campaign Act of 1971 (2 U.S.C. 441a) is amended--
(A) in subsection (a)(1), by striking ``No person''
and inserting ``Except as provided in subsection (i),
no person''; and
(B) by adding at the end the following:
``(i) Increased Limit To Allow Response to Expenditures From
Personal Funds.--
``(1) Increase.--
``(A) In general.--Subject to paragraph (2), if the
opposition personal funds amount with respect to a
candidate for election to the office of Senator exceeds
the threshold amount, the limits under paragraphs
(1)(A) and (2)(A) of subsection (a) (in this subsection
referred to as the `applicable limits') with respect to
that candidate shall be the increased limit.
``(B) Threshold amount.--
``(i) State-by-state competitive and fair
campaign formula.--In this subsection, the
threshold amount with respect to an election
cycle of a candidate described in subparagraph
(A) is an amount equal to the sum of--
``(I) $150,000; and
``(II) $0.04 multiplied by the
voting age population.
``(ii) Voting age population.--In this
subparagraph, the term `voting age population'
means the voting age population of the State of
the candidate (as certified under section
315(e)).
``(C) Increased limit.--Except as provided in
clause (ii), for purposes of subparagraph (A), if the
opposition personal funds amount is over--
``(i) 2 times the threshold amount, but not
over 4 times that amount--
``(I) the increased limit shall be
3 times each of the applicable limits;
and
``(II) the limit under subsection
(a)(3) shall not apply with respect to
any contribution made with respect to a
candidate if such contribution is made
under the increased limit of
subparagraph (A) during a period in
which the candidate may accept such a
contribution;
``(ii) 4 times the threshold amount, but
not over 10 times that amount--
``(I) the increased limit shall be
6 times each of the applicable limits;
and
``(II) the limit under subsection
(a)(3) shall not apply with respect to
any contribution made with respect to a
candidate if such contribution is made
under the increased limit of
subparagraph (A) during a period in
which the candidate may accept such a
contribution; and
``(iii) 10 times the threshold amount--
``(I) the increased limit shall be
6 times each of the applicable limits;
``(II) the limit under subsection
(a)(3) shall not apply with respect to
any contribution made with respect to a
candidate if such contribution is made
under the increased limit of
subparagraph (A) during a period in
which the candidate may accept such a
contribution; and
``(III) subsection (d) shall be
applied with respect to an expenditure
by a State or national committee of a
political party without regard to the
limits under paragraph (3) of such
subsection.
``(D) Opposition personal funds amount.--The
opposition personal funds amount is an amount equal to
the excess (if any) of--
``(i) the greatest aggregate amount of
expenditures from personal funds (as defined in
section 304(a)(6)(B)) that an opposing
candidate in the same election makes; over
``(ii) the aggregate amount of expenditures
from personal funds made by the candidate with
respect to the election.
``(2) Time to accept contributions under increased limit.--
``(A) In general.--Subject to subparagraph (B), a
candidate and the candidate's authorized committee
shall not accept any contribution under the increased
limit under paragraph (1)--
``(i) until the candidate has received
notification of the opposition personal funds
amount under section 304(a)(6)(B); and
``(ii) to the extent that such
contribution, when added to the aggregate
amount of contributions previously accepted
under the increased limits under this
subsection for the election cycle, exceeds 110
percent of the opposition personal funds
amount.
``(B) Effect of withdrawal of an opposing
candidate.--A candidate shall not accept any
contribution under the increased limit after the date
on which an opposing candidate ceases to be a candidate
to the extent that the amount of such increased limit
is attributable to such an opposing candidate.
``(3) Disposal of excess contributions.--
``(A) In general.--The aggregate amount of
contributions accepted by a candidate or a candidate's
authorized committee under the increased limit under
paragraph (1) and not otherwise expended in connection
with the election with respect to which such
contributions relate shall, not later than 50 days
after the date of such election, be used in the manner
described in subparagraph (B).
``(B) Return to contributors.--A candidate or a
candidate's authorized committee shall return the
excess contribution to the person who made the
contribution.
``(C) Limitation on repayment of personal loans.--
With respect to any loan incurred after the date of
enactment of the Common Sense Federal Election Reform
Act of 2001, any candidate who incurs personal loans in
connection with the candidate's campaign for election
shall not repay (directly or indirectly), to the extent
such loans exceed $250,000, such loans from any
contributions made to such candidate or any authorized
committee of such candidate after the date of such
election.''.
(2) Effective date.--The amendments made by this subsection
shall apply to calendar years after 2001.
(b) Notification of Expenditures From Personal Funds.--Section
304(a)(6) of the Federal Election Campaign Act of 1971 (2 U.S.C.
434(a)(6)) is amended--
(1) by redesignating subparagraph (B) as subparagraph (E);
and
(2) by inserting after subparagraph (A) the following:
``(B) Notification of expenditure from personal funds.--
``(i) Definition of expenditure from personal funds.--In
this subparagraph, the term `expenditure from personal funds'
means--
``(I) an expenditure made by a candidate using
personal funds; and
``(II) a contribution or loan made by a candidate
using personal funds (or a loan secured using such
funds) to the candidate's authorized committee.
``(ii) Declaration of intent.--Not later than the date that
is 15 days after the date on which an individual becomes a
candidate for the office of Senator, the candidate shall file a
declaration stating the total amount of expenditures from
personal funds that the candidate intends to make, or to
obligate to make, with respect to the election will exceed the
State-by-State competitive and fair campaign formula with--
``(I) the Commission; and
``(II) each candidate in the same election.
``(iii) Initial notification.--Not later than 24 hours
after a candidate described in clause (ii) makes or obligates
to make an aggregate amount of expenditures from personal funds
in excess of 2 times the threshold amount in connection with
any election, the candidate shall file a notification with--
``(I) the Commission; and
``(II) each candidate in the same election.
``(iv) Additional notification.--After a candidate files an
initial notification under clause (iii) the candidate shall
file an additional notification each time expenditures from
personal funds are made or obligated to be made in an aggregate
amount that exceed $10,000 amount with--
``(I) the Commission; and
``(II) each candidate in the same election.
Such notification shall be filed not later than 24 hours after
the expenditure is made.
``(v) Contents.--A notification under clause (iii) or (iv)
shall include--
``(I) the name of the candidate and the office
sought by the candidate;
``(II) the date and amount of each expenditure; and
``(III) the total amount of expenditures from
personal funds that the candidate has made, or
obligated to make, with respect to an election as of
the date of the expenditure that is the subject of the
notification.
``(C) Notification of disposal of excess contributions.--As part of
the next regularly scheduled report submitted after the date of the
election for which a candidate seeks nomination for election to, or
election to, Federal office, the candidate or the candidate's
authorized committee shall submit to the Commission and each candidate
in the same election a report indicating the source and amount of any
excess contributions (as determined under paragraph (1) of section
315(i)) and the manner in which the candidate or the candidate's
authorized committee used such funds.
``(D) Enforcement.--For provisions providing for the enforcement of
the reporting requirements under this paragraph, see section 309.''.
(c) Definitions.--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 the period
beginning on the day after the date of the most recent election for the
specific office or seat that a candidate is seeking and ending on the
date of the next election for that office or seat. For purposes of the
preceding sentence, a primary election and a general election shall be
considered to be separate elections.
``(21) Personal funds.--The term `personal funds' means an amount
that is derived from--
``(A) any asset that, under applicable State law, at the
time the individual became a candidate, the candidate had legal
right of access to or control over, and with respect to which
the candidate had--
``(i) legal and rightful title; or
``(ii) an equitable interest;
``(B) income received during the current election cycle of
the candidate, including--
``(i) a salary and other earned income from bona
fide employment;
``(ii) dividends and proceeds from the sale of the
candidate's stocks or other investments;
``(iii) bequests to the candidate;
``(iv) income from trusts established before the
beginning of the election cycle;
``(v) income from trusts established by bequest
after the beginning of the election cycle of which the
candidate is the beneficiary;
``(vi) gifts of a personal nature that had been
customarily received by the candidate prior to the
beginning of the election cycle; and
``(vii) proceeds from lotteries and similar legal
games of chance; and
``(C) a portion of assets that are jointly owned by the
candidate and the candidate's spouse equal to the candidate's
share of the asset under the instrument of conveyance or
ownership, but if no specific share is indicated by an
instrument of conveyance or ownership, the value of \1/2\ of
the property.''.
SEC. 3. INCREASE IN CONTRIBUTION LIMITS.
(a) Increase in Limits.--Section 315(a) of the Federal Election
Campaign Act of 1971 (2 U.S.C. 441a(a)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``$1,000'' and
inserting ``$5,000'';
(B) in subparagraph (B), by striking ``$20,000''
and inserting ``$60,000''; and
(C) in subparagraph (C), by striking ``$5,000'' and
inserting ``$15,000''; and
(2) in paragraph (3), by striking ``$25,000'' and inserting
``$75,000''.
(b) Increase in Multicandidate Limits.--Section 315(a)(2) of the
Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(2)) is
amended--
(1) in subparagraph (A), by striking ``$5,000'' and
inserting ``$7,500'';
(2) in subparagraph (B), by striking ``$15,000'' and
inserting ``$30,000''; and
(3) in subparagraph (C), by striking ``$5,000'' and
inserting ``$7,500''.
(c) Increase in Congressional Campaign Committee Limits.--Section
315(h) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(g))
is amended by striking ``$17,500'' and inserting ``$60,000''.
(d) Indexing.--Section 315(c) of the Federal Election Campaign Act
of 1971 (2 U.S.C. 441a(c)) is amended--
(1) in paragraph (1)--
(A) by striking the second and third sentences;
(B) by inserting before ``At the beginning'' the
following: ``(A)''; and
(C) by adding at the end the following:
``(B) Each limitation established by subsection (a), (b), (d), or
(h) shall be increased by the percent difference determined under
subparagraph (A).
``(C) Each amount increased under subparagraph (B) shall remain in
effect for the calendar year in which the amount is increased.''; and
(2) in paragraph (2)(B), by striking ``means the calendar
year 1974.'' and inserting ``means--
``(i) for purposes of subsections (b) and (d),
calendar year 1974; and
``(ii) for purposes of subsections (a) and (h),
calendar year 2001.''.
SEC. 4. LIMIT ON SOFT MONEY DONATIONS TO POLITICAL PARTIES.
(a) Soft Money of National Political Party Committees.--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:
``SEC. 323. SOFT MONEY OF POLITICAL PARTY COMMITTEES.
``A national committee of a political party, any subordinate
committee of a national committee, a Senatorial or Congressional
campaign committee of a national political party, or an entity that is
directly or indirectly established, financed, maintained, or controlled
by a national committee or a Senatorial or Congressional campaign
committee of a national political party or that is an entity acting on
behalf of a national committee or a Senatorial or Congressional
campaign committee of a national political party shall not accept
donations from any person during a calendar year in an aggregate amount
in excess of $50,000.''.
SEC. 5. INCREASED DISCLOSURE FOR CERTAIN COMMUNICATIONS.
Section 304 of the Federal Election Campaign Act of 1971 (2 U.S.C.
434) is amended by adding at the end the following:
``(e) Disclosure of Certain Communications.--
``(1) In general.--A person shall file a report under
paragraph (2) if the person expends an aggregate amount of
funds during a calendar year for communications described in
paragraph (3) in excess of--
``(A) $25,000 with respect to a candidate; or
``(B) $100,000 with respect to all candidates.
``(2) Report.--
``(A) Time to file.--A report under this paragraph
shall be filed in accordance with subsection (a)(4).
``(B) Contents of report.--A report filed under
this paragraph shall contain--
``(i) the same information required for an
independent expenditure under subsection (c)
with respect to disbursements made by the
person making the report; and
``(ii) the date and amount of any donation
in an aggregate amount in excess of $200 made
to such person.
``(3) Communication described.--A communication described
in this paragraph is any communication that--
``(A) is broadcast to the general public through
radio or television;
``(B) mentions or refers to by name,
representation, or likeness any candidate for election
to Federal office;
``(C) the payment for which is not a disbursement
described in clause (i) or (iii) of section 301(9)(B);
and
``(D) the payment for which is not an independent
expenditure.
``(4) Reports available on internet.--Not later than 3
business days after receiving a report under this subsection,
the Commission shall make such report accessible to the public
on the Internet.''.
SEC. 6. USE OF UNION DUES FOR PURPOSES UNRELATED TO COLLECTIVE
BARGAINING.
Section 316 of the Federal Election Campaign Act of 1971 (2 U.S.C.
441b) is amended by adding at the end the following:
``(c) Use of Fees by Labor Organizations.--
``(1) Authorization required.--
``(A) In general.--Except with the separate, prior,
written, voluntary authorization of each individual, it
shall be unlawful for any labor organization described
in this section to collect from or assess its members
or nonmembers any dues, initiation fee, or other
payment, if any part of such dues, fee, or payment will
be used for activities unrelated to collective
bargaining, contract administration, and grievance
adjustment.
``(B) Period in effect.--An authorization described
in subparagraph (A) shall remain in effect until
revoked and may be revoked at any time.
``(2) Reduction or refund of fees.--If an individual who is
not a member of a labor organization is required to make a
payment described in paragraph (1) and does not authorize use
of funds under paragraph (1), a labor organization shall--
``(A) reduce any dues, fees, or payment to be
collected from such individual by an amount that
reasonably reflects the ratio that the organization's
expenditures supporting activities unrelated to
collective bargaining, contract administration, and
grievance adjustment bears to such organization's total
expenditures; or
``(B) refund the portion of such dues, fees, or
payments collected by the organization in an amount
equal to the amount of the total reduction described in
subparagraph (A).''.
SEC. 7. PROHIBITION OF FUNDRAISING ON FEDERAL PROPERTY AND OTHER
CRIMINAL PROHIBITIONS.
(a) Definition of Donation.--Section 301 of the Federal Election
Campaign Act of 1971 (2 U.S.C. 431), as amended by section 2, is
amended by adding at the end the following:
``(22) Donation.--The term `donation' means a gift, subscription,
loan, advance, or deposit of money or anything else of value made by
any person to a national committee of a political party or a Senatorial
or Congressional Campaign Committee of a national political party for
any purpose, but does not include a contribution (as defined in
paragraph (8)).''.
(b) Prohibition of Fundraising on Federal Property.--Section 607 of
title 18, United States Code, is amended--
(1) in subsection (a), by inserting ``or donation within
the meaning of section 301(22)'' after ``section 301(8)''; and
(2) in subsection (b)--
(A) by inserting ``or donations'' after
``contributions'' each place it appears;
(B) by inserting ``or donation'' after
``contribution''; and
(C) by inserting ``donor'' after ``contributor''.
(c) Amendment of Title 18 To Include Prohibition of Donations.--
Chapter 29 of title 18, United States Code, is amended--
(1) in section 602(a)(4), by inserting ``or donation within
the meaning of section 301(22)'' after ``section 301(8)''; and
(2) in section 603(a)--
(A) by inserting ``or donation within the meaning
of section 301(22)'' after ``section 301(8)''; and
(B) by inserting ``or donation'' after
``contribution'' the second and third time it appears.
(d) Effective Date.--The amendments made by this section shall
apply to violations occurring on or after the date of enactment of this
Act.
SEC. 8. 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 for election 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 the head of any Executive
department, or any entity established on behalf of any such
individual, to defray legal expenses of such individual--
(A) 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
(B) if the person is--
(i) a foreign national (as defined in
section 319(b) of the Federal Election Campaign
Act of 1971 (2 U.S.C. 441e(b))); or
(ii) 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 making of 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
subsection shall be construed to permit the making of a
contribution that is otherwise prohibited by law.
(b) Reporting Requirements.--A candidate for nomination for
election to, or election to, a Federal office, an individual who is a
holder of a Federal office, or the head of any Executive department, or
any entity established on behalf of any 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 composed of such
contributions.
(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.
SEC. 9. INCREASED CRIMINAL PENALTIES FOR VIOLATIONS OF FOREIGN NATIONAL
PROVISIONS AND CONTRIBUTIONS IN THE NAME OF ANOTHER.
Section 309(d)(1) of the Federal Election Campaign Act of 1971 (2
U.S.C. 437g(d)(1)) is amended by adding at the end the following:
``(D) In the case of a person who knowingly and willfully violates
section 319 or 320, the person shall be fined an amount not to exceed
$10,000, imprisoned for not more than 10 years, or both.''.
SEC. 10. TERM LIMITS FOR FEDERAL ELECTION COMMISSION.
(a) In General.--Section 306(a)(2)(A) of the Federal Election
Campaign Act of 1971 (2 U.S.C. 437c(a)(2)(A)) is amended in the matter
preceding clause (i) by striking ``6 years'' and inserting ``8 years''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to appointments made after the date of enactment of this Act and
to Commissioners serving a term on the date of enactment of this
section except that such Commissioner shall continue to serve until the
expiration of such term.
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