[Congressional Record Volume 144, Number 14 (Tuesday, February 24, 1998)]
[Senate]
[Pages S938-S940]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               AMENDMENTS SUBMITTED ON FEBRUARY 24, 1998

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                      THE PAYCHECK PROTECTION ACT

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                 SNOWE (AND OTHERS) AMENDMENT NO. 1647

  Ms. SNOWE (for herself, Mr. Jeffords, Mr. Levin, Mr. Lieberman, Mr. 
McCain, Mr. Feingold, Mr. Chafee, Ms. Collins, and Mr. Thompson) 
proposed an amendment to amendment No. 1646 proposed by Mr. McCain to 
the bill (S. 1663) to protect individuals from having their money 
involuntarily collected and used for politics by a corporation or labor 
organization; as follows:
       Strike section 201 and insert:

               Subtitle A--Electioneering Communications

     SEC. 200. DISCLOSURE OF ELECTIONEERING 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 new 
     subsection:
       ``(d) Additional Statements on Electioneering 
     Communications.--
       ``(1) Statement required.--Every person who makes a 
     disbursement for electioneering communications in an 
     aggregate amount in excess of $10,000 during any calendar 
     year shall, within 24 hours of each disclosure date, file 
     with the Commission a statement containing the information 
     described in paragraph (2).
       ``(2) Contents of statement.--Each statement required to be 
     filed under this subsection shall be made under penalty of 
     perjury and shall contain the following information:
       ``(A) The identification of the person making the 
     disbursement, of any entity sharing or exercising direction 
     or control over the activities of such person, and of the 
     custodian of the books and accounts of the person making the 
     disbursement.
       ``(B) The State of incorporation and the principal place of 
     business of the person making the disbursement.
       ``(C) The amount of each disbursement during the period 
     covered by the statement and the identification of the person 
     to whom the disbursement was made.
       ``(D) The elections to which the electioneering 
     communications pertain and the names (if known) of the 
     candidates identified or to be identified.
       ``(E) If the disbursements were paid out of a segregated 
     account to which only individuals could contribute the names 
     and addresses of all contributors who contributed an 
     aggregate amount of $500 or more to that account during the 
     period beginning on the first day of the preceding calendar 
     year and ending on the disclosure date.
       ``(F) If the disbursements were paid out of funds not 
     described in subparagraph (E), the names and addresses of all 
     contributors who contributed an aggregate amount of $500 or 
     more to the organization or any related entity during the 
     period beginning on the first day of the preceding calendar 
     year and ending on the disclosure date.
       ``(G) Whether or not any electioneering communication is 
     made in coordination, cooperation, consultation, or concert 
     with, or at the request or suggestion of, any candidate or 
     any authorized committee, any political party or committee, 
     or any agent of the candidate, political party, or committee 
     and if so, the identification of any candidate, party, 
     committee, or agent involved.
       ``(3) Electioneering Communication.--For purposes of this 
     subsection--
       ``(A) In general.--The term `electioneering communication' 
     means any broadcast from a television or radio broadcast 
     station which--
       ``(i) refers to a clearly identified candidate for Federal 
     office;
       ``(ii) is made (or scheduled to be made) within--
       ``(I) 60 days before a general, special, or runoff election 
     for such Federal office, or
       ``(II) 30 days before a primary or preference election, or 
     a convention or caucus of a political party that has 
     authority to nominate a candidate, for such Federal office, 
     and
       ``(iii) is broadcast from a television or radio broadcast 
     station whose audience includes the electorate for such 
     election, convention, or caucus.

[[Page S939]]

       ``(B) Exceptions.--Such term shall not include--
       ``(i) communications appearing in a news story, commentary, 
     or editorial distributed through the facilities of any 
     broadcasting station, unless such facilities are owned or 
     controlled by any political party, political committee, or 
     candidate, or
       ``(ii) communications which constitute expenditures or 
     independent expenditures under this Act.
       ``(4) Disclosure date.--For purposes of this subsection, 
     the term `disclosure date' means--
       ``(A) the first date during any calendar year by which a 
     person has made disbursements for electioneering 
     communications aggregating in excess of $10,000, and
       ``(B) any other date during such calendar year by which a 
     person has made disbursements for electioneering 
     communications aggregating in excess of $10,000 since the 
     most recent disclosure date for such calendar year.
       ``(5) Contracts to disburse.--For purposes of this 
     subsection, a person shall be treated as having made a 
     disbursement if the person has contracted to make the 
     disbursement.
       ``(6) Coordination with other requirements.--Any 
     requirement to report under this subsection shall be in 
     addition to any other reporting requirement under this Act.''

     SEC. 200A. COORDINATED COMMUNICATIONS AS CONTRIBUTIONS.

       Section 315(a)(7)(B) of the Federal Election Campaign Act 
     of 1971 (2 U.S.C. 441a(a)(7)(B)) is amended by inserting 
     after clause (ii) the following new clause:
       ``(iii) if--
       ``(I) any person makes, or contracts to make, any payment 
     for any electioneering communication (within the meaning of 
     section 304(d)(3)), and
       ``(II) such payment is coordinated with a candidate for 
     Federal office or an authorized committee of such candidate, 
     a Federal, State, or local political party or committee 
     thereof, or an agent or official of any such candidate, 
     party, or committee.

     such payment or contracting shall be treated as a 
     contribution to such candidate and as an expenditure by such 
     candidate; and''.

     SEC. 200B. PROHIBITION OF CORPORATE AND LABOR DISBURSEMENTS 
                   FOR ELECTIONEERING COMMUNICATIONS.

       (a) In General.--Section 316(b)(2) of the Federal Election 
     Campaign Act of 1971 (2 U.S.C. 441b(b)(2)) is amended by 
     inserting ``or for any applicable electioneering 
     communication'' before ``, but shall not include''.
       (b) Applicable Electioneering Communication.--Section 316 
     of such Act is amended by adding at the end the following new 
     subsection:
       ``(c) Rules Relating to Electioneering Communications.--
       ``(1) Applicable electioneering communication.--For 
     purposes of this section, the term `applicable electioneering 
     communication' means an electioneering communication (within 
     the meaning of section 304(d)(3)) which is made by--
       ``(A) any entity to which subsection (a) applies other than 
     a section 501(c)(4) organization, or
       ``(B) a section 501(c)(4) organization from amounts derived 
     from the conduct of a trade or business or from an entity 
     described in subparagraph (A).
       ``(2) Special operating rules.--For purposes of paragraph 
     (1), the following rules shall apply:
       ``(A) An electioneering communication shall be treated as 
     made by an entity described in paragraph (1)(A) if--
       ``(i) the entity described in paragraph (1)(A) directly or 
     indirectly disburses any amount for any of the costs of the 
     communication; or
       ``(ii) any amount is disbursed for the communication by a 
     corporation or organization or a State or local political 
     party or committee thereof that receives anything of value 
     from the entity described in paragraph (1)(A), except that 
     this clause shall not apply to any communication the costs of 
     which are defrayed entirely out of a segregated account to 
     which only individuals can contribute.
       ``(B) A section 501(c)(4) organization that derives amounts 
     from business activities or from any entity described in 
     paragraph (1)(A) shall be considered to have paid for any 
     communication out of such amounts unless such organization 
     paid for the communication out of a segregated account to 
     which only individuals can contribute.
       ``(3) Definitions and rules.--For purposes of this 
     subsection--
       ``(A) the term `section 501(c)(4) organization' means--
       ``(ii) an organization described in section 501(c)(4) of 
     the Internal Revenue Code of 1986 and exempt from taxation 
     under section 501(a) of such Code; or
       ``(ii) an organization which has submitted an application 
     to the Internal Revenue Service for determination of its 
     status as an organization described in clause (i); and
       ``(B) a person shall be treated as having made a 
     disbursement if the person has contracted to make the 
     disbursement.
       ``(4) Coordination with internal revenue code.--Nothing in 
     this subsection shall be construed to authorize an 
     organization exempt from taxation under section 501(a) of the 
     Internal Revenue Code of 1986 from carrying out any activity 
     which is prohibited under such Code.''

          Subtitle B--Independent and Coordinated Expenditures

     SEC. 201. DEFINITION OF INDEPENDENT EXPENDITURE.

       Section 301 of the Federal Election Campaign Act (2 U.S.C. 
     431) is amended by striking paragraph (17) and inserting the 
     following:
       ``(17) Independent expenditure.--The term `independent 
     expenditure' means an expenditure by a person--
       ``(A) expressly advocating the election or defeat of a 
     clearly identified candidate; and
       ``(B) that is not provided in coordination with a candidate 
     or a candidate's agent or a person who is coordinating with a 
     candidate or a candidate's agent.''

                                 ______
                                 

                        LOTT AMENDMENT NO. 1648

  Mr. LOTT proposed an amendment to amendment No. 1647 proposed by Ms. 
Snowe to the bill, S. 1663, supra; as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:

     SEC. 200.  ELECTIONEERING COMMUNICATIONS.

       (a) Prohibition.--None of the funds appropriated or 
     otherwise made available to the Federal Communications 
     Commission may be expended to impose or enforce any 
     requirement or obligation with respect to the provision of 
     free or discounted television broadcast time for campaign 
     advertising unless such requirement or obligation is 
     specifically and expressly authorized by title III of the 
     Communications Act of 1934.
                                 ______
                                 

                        LOTT AMENDMENT NO. 1649

  Mr. LOTT proposed an amendment to the bill, S. 1663, supra; as 
follows:

       In the language proposed to be stricken in the bill, strike 
     all after the word ``political'' on page 2, line 23, and 
     insert the following:

     ``party.

     SECTION 3.  ELECTIONEERING COMMUNICATIONS.

       (a) Prohibition.--None of the funds appropriated or 
     otherwise made available to the Federal Communications 
     Commission may be expended to impose or enforce any 
     requirement or obligation with respect to the provision of 
     free or discounted television broadcast time for campaign 
     advertising unless such requirement or obligation is 
     specifically and expressly authorized by title III of the 
     Communications Act of 1934.
       (b) Effective Date.--This section shall take effect one day 
     after enactment of this Act.
                                 ______
                                 

                        LOTT AMENDMENT NO. 1650

  Mr. LOTT proposed an amendment to amendment No. 1649 proposed by him 
to the bill, S. 1663, supra; as follows:

       Strike all after the first word in the pending amendment 
     and insert the following:

     SECTION 3.  ELECTIONEERING COMMUNICATIONS.

       (a) Prohibtion.--None of the funds appropriated or 
     otherwise made available to the Federal Communications 
     Commission may be expended to impose or enforce any 
     requirement or obligation with respect to the provision of 
     free or discounted television broadcast time for campaign 
     advertising unless such requirement or obligation is 
     specifically and expressly authorized by title III of the 
     Communication Act of 1934.
       (b) Effective Date.--This section shall take effect two 
     days after enactment of this Act.
                                 ______
                                 

                        LOTT AMENDMENT NO. 1651

  Mr. LOTT proposed an amendment to the motion to commit proposed by 
him to the bill, S. 1663, supra; as follows:

       At the end of the instructions add the following:

     ``with an amendment as follows:

       Strike all after the enacting clause and insert the 
     following:

     SEC. 1. ELECTIONEERING COMMUNICATIONS.

       (a) Prohibition.--None of the funds appropriated or 
     otherwise made available to the Federal Communications 
     Commission may be expended to impose or enforce any 
     requirement or obligation with respect to the provision of 
     free or discounted television broadcast time for campaign 
     advertising unless such requirement or obligation is 
     specifically and expressly authorized by title III of the 
     Communications Act of 1934.''
                                 ______
                                 

                        LOTT AMENDMENT NO. 1652

  Mr. LOTT proposed an amendment to amendment No. 1651 proposed by him 
to the bill, S. 1663, supra; as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:

     SEC. 1. ELECTIONEERING COMMUNICATIONS.

       (a) Prohibition.--None of the funds appropriated or 
     otherwise made available to the Federal Communications 
     Commission may be expended to impose or enforce any 
     requirement or obligation with respect to the provision of 
     free or discounted television broadcast time for campaign 
     advertising unless such requirement or obligation is 
     specifically and expressly authorized by title III of the 
     Communications Act of 1934.
       (b) Effective Date.--This section shall take effect one day 
     after enactment of this Act.

[[Page S940]]

                                 ______
                                 

                        LOTT AMENDMENT NO. 1653

  Mr. LOTT proposed an amendment to amendment No. 1651 proposed by him 
to the bill, S. 1663, supra; as follows:

       Strike all after the word ``section'' in the pending 
     amendment and insert the following:

     1. ELECTIONEERING COMMUNICATIONS.

       (a) Prohibition.--None of the funds appropriated or 
     otherwise made available to the Federal Communications 
     Commission may be expended to impose or enforce any 
     requirement or obligation with respect to the provision of 
     free or discounted television broadcast time for campaign 
     advertising unless such requirement or obligation is 
     specifically and expressly authorized by title III of the 
     Communications Act of 1934.
       (b) Effective Date.--This section shall take effect two 
     days after enactment of this Act.
                                 ______
                                 

                  HUTCHISON AMENDMENTS NOS. 1654--1656

  (Ordered to lie on the table.)
  Mrs. HUTCHISON submitted three amendments intended to be proposed by 
her to the bill, S. 1663, supra; as follows:

                           Amendment No. 1654

       At the appropriate place, insert the following:

     SEC. __. LIMIT ON CONGRESSIONAL USE OF THE FRANKING 
                   PRIVILEGE.

       Section 3210(a)(6)(A) of title 39, United States Code, is 
     amended to read as follows:
       ``(A) A Member of Congress shall not mail any mass mailing 
     as franked mail during a year in which there will be an 
     election for the seat held by the Member during the period 
     between January 1 of that year and the date of the general 
     election for that Office, unless the Member has made a public 
     announcement that the Member will not be a candidate for 
     election to any Federal office in that year (including the 
     office held by the Member).''.
                                  ____


                           Amendment No. 1655

       At the appropriate place, insert the following:

     SEC. __. LIMITATION ON REIMBURSEMENT FROM CAMPAIGNS FOR 
                   CONTRIBUTIONS BY SENATE CANDIDATES AND 
                   IMMEDIATE FAMILIES OF SENATE 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:

     ``SEC. __. LIMITATION ON REIMBURSEMENT FROM CAMPAIGNS FOR 
                   CONTRIBUTIONS BY SENATE CANDIDATES AND 
                   IMMEDIATE FAMILIES OF SENATE CANDIDATES.

       ``(a) In General.--The aggregate amount of contributions 
     made during an election cycle to a Senate candidate or the 
     candidate's authorized committees from the sources described 
     in subsection (b) that may be reimbursed to those sources 
     shall not exceed $250,000.
       ``(b) Sources.--A source is described in this subsection if 
     the source is--
       ``(1) personal funds of the candidate and members of the 
     candidate's immediate family; or
       ``(2) personal loans incurred by the candidate and members 
     of the candidate's immediate family.
       ``(c) Indexing.--The $250,000 amount under subsection (a) 
     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.''.
                                  ____


                           Amendment No. 1656

       At the appropriate place, insert the following:

     SEC. __. LIMITATION ON ACCEPTANCE OF OUT-OF-STATE 
                   CONTRIBUTIONS BY SENATE 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:

     ``SEC. __. LIMITATION ON ACCEPTANCE OF OUT-OF-STATE 
                   CONTRIBUTIONS BY SENATE CANDIDATES.

       ``(a) Limitation.--A Senate candidate and the candidate's 
     authorized committees shall not accept, during an election 
     cycle, contributions from persons other than individuals 
     residing in the candidate's State in an amount exceeding 40 
     percent of the total amount of contributions accepted during 
     the election cycle.
       ``(b) Definition of Election Cycle.--In this section, the 
     term `election cycle' means 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 
     seat.''.

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