[Congressional Record Volume 147, Number 36 (Monday, March 19, 2001)]
[Senate]
[Pages S2478-S2480]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 110. Mrs. HUTCHISON submitted an amendment intended to be proposed 
by her to the bill S. 27, to amend the Federal Election Campaign Act of 
1971 to provide bipartisan campaign reform; which was ordered to lie on 
the table; as follows:

       On page 37, between lines 14 and 15, insert the following:

     SEC. 305. 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.), as amended by section 101, is amended by 
     adding at the end the following:

     ``SEC. 324. 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 candidate for the office 
     of Senator 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 2000.''.
                                  ____

  SA 111. Mrs. HUTCHISON submitted an amendment intended to be proposed 
by her to the bill S. 27, to amend the Federal Election Campaign Act of 
1971 to provide bipartisan campaign reform; which was ordered to lie on 
the table; as follows:

       On page 37, between lines 14 and 15, insert the following:

     SEC. 305. EXEMPTION FOR STATE AND LOCAL POLITICAL COMMITTEES 
                   FROM NOTIFICATION AND REPORTING REQUIREMENTS 
                   IMPOSED BY PUBLIC LAW 106-230.

       (a) Exemption From Notification Requirements.--Paragraph 
     (5) of section 527(i) of the Internal Revenue Code of 1986 
     (relating to organizations must notify Secretary that they 
     are section 527 organizations) is amended by striking ``or'' 
     at the end of subparagraph (A), by striking the period at the 
     end of subparagraph (B) and inserting ``, or'', and by adding 
     at the end the following new subparagraph:
       ``(C) which--
       ``(i) engages in exempt function activity solely in the 
     attempt to influence the selection, nomination, election, or 
     appointment of any individual to any State or local public 
     office or office in a State or local political organization, 
     and
       ``(ii) is subject to State or local contribution and 
     expenditure reporting requirements relating to selections, 
     nominations, elections, and appointments to such offices, and 
     reports under such requirements are publicly available.''.
       (b) Exemption From Reporting Requirements.--Paragraph (5) 
     of section 527(j) of such Code (relating to required 
     disclosures of expenditures and contributions) is amended by 
     striking ``or'' at the end of subparagraph (D), by striking 
     the period at the end of subparagraph (E) and inserting ``, 
     or'', and by adding at the end the following new 
     subparagraph:
       ``(F) to any organization which--
       ``(i) engages in exempt function activity solely in the 
     attempt to influence the selection, nomination, election, or 
     appointment of any individual to any State or local public 
     office or office in a State or local political organization, 
     and
       ``(ii) is subject to State or local contribution and 
     expenditure reporting requirements relating to selections, 
     nominations, elections, and appointments to such offices, and 
     reports under such requirements are publicly available.''.

[[Page S2479]]

       (c) Exemption From Requirements for Annual Return Based on 
     Gross Receipts.--Paragraph (6) of section 6012(a) of such 
     Code is amended by striking ``section)'' and inserting 
     ``section and an organization described in section 
     527(i)(5)(C)''.
       (d) Effective Date.--Notwithstanding section 402, the 
     amendments made by this section shall take effect as if 
     included in the amendments made by Public Law 106-230.
                                  ____

  SA 112. Mr. DOMENICI (for himself, Mr. Ensign, and Mr. Sessions) 
proposed an amendment to the bill S. 27, to amend the Federal Election 
Campaign Act of 1971 to provide bipartisan campaign reform; as follows:

       On page 37, between lines 14 and 15, insert the following:

     SEC. 305. USE OF PERSONAL WEALTH FOR CAMPAIGN PURPOSES.

       Section 315 of the Federal Election Campaign Act of 1971 (2 
     U.S.C. 441a) is amended by adding at the end the following:
       ``(i) Use of Personal Wealth.--
       ``(1) Required declaration.--
       ``(A) In general.--Not later than 15 days after the date a 
     candidate for the office of Senator is required to file a 
     declaration of candidacy under Federal law, the candidate 
     shall file with the Commission a declaration stating whether 
     or not the candidate intends to expend personal funds in 
     connection with the candidate's election for office, in an 
     aggregate amount equal to or greater than $500,000.
       ``(B) Personal funds.--In this subsection, the term 
     `personal funds' means--
       ``(i) funds of the candidate (including funds derived from 
     any asset of the candidate) or funds from obligations 
     incurred by the candidate in connection with the candidate's 
     campaign; and
       ``(ii) funds of the candidate's spouse, a child, stepchild, 
     parent, grandparent, brother, sister, half-brother, or half-
     sister of the candidate and the spouse of any such person, 
     and a child, stepchild, parent, grandparent, brother, half-
     brother, sister, or half-sister of the candidate's spouse and 
     the spouse of such person.
       ``(C) Form of statement.--The statement required by this 
     subsection shall be in such form, and shall contain such 
     information, as the Commission may, by regulation, require.
       ``(2) Increase in limits.--
       ``(A) In general.--Notwithstanding any other provision of 
     law, in any election in which a candidate for the office of 
     Senator declares an intention to expend more personal funds 
     than the limit described in paragraph (1)(A), expends 
     personal funds in excess of such limit, or fails to file the 
     declaration required by this subsection, the increased 
     contribution limits under subparagraph (B) shall apply to 
     other eligible candidates in the same election.
       ``(B) Limit amounts.--The increased limits under this 
     subparagraph are the following:
       ``(i) In the case of an election in which a candidate 
     declares an intention to expend, or expends, personal funds 
     in an amount equal to or greater than $500,000 but not more 
     than $749,999, the limits under paragraphs (1)(A) and (2)(A) 
     of subsection (a) shall be 3 times the applicable limit.
       ``(ii) In the case of an election in which a candidate 
     declares an intention to expend, or expends, personal funds 
     in an amount equal to or greater than $750,000 but not more 
     than $999,999--

       ``(I) the limits under paragraphs (1)(A) and (2)(A) of 
     subsection (a) shall be 5 times the applicable limits; and
       ``(II) the limits under subsection (h) shall not apply.

       ``(iii) In the case of an election in which a candidate 
     declares an intention to expend, or expends, personal funds 
     in an amount equal to or greater than $1,000,000--

       ``(I) the limit under subsection (a)(1)(A) shall be 5 times 
     the applicable amount;
       ``(II) the limits under subsection (a)(2)(A) with respect 
     to a contribution from a State or national committee of a 
     political party, (d), and (h) shall not apply.

       ``(3) Eligible candidate.--In this paragraph, an eligible 
     candidate is a candidate who is not required to file a 
     declaration under paragraph (1) or amended declaration under 
     paragraph (5).
       ``(4) Inapplicability of increased limits.--If the 
     increased limitations under paragraph (2) are in effect for a 
     convention or a primary election, as a result of an 
     individual candidate, and such individual candidate is not a 
     candidate in any subsequent election in such campaign, 
     including the general election, the provisions of paragraph 
     (2) shall no longer apply to eligible candidates in such 
     subsequent elections.
       ``(5) Amended declaration.--
       ``(A) In general.--Any candidate who--
       ``(i) declares under paragraph (1) that the candidate does 
     not intend to expend personal funds in an aggregate amount in 
     excess of the limit described in paragraph (1)(A); and
       ``(ii) subsequently does expend personal funds in excess of 
     such limit or intends to expend personal funds in excess of 
     such limits,
     such candidate shall notify and file an amended declaration 
     with the Commission and shall notify all other candidates for 
     such office within 24 hours after changing such declaration 
     or exceeding such limits, whichever first occurs, by sending 
     such notice by certified mail, return receipt requested.
       ``(B) Additional notification.--After the candidate files a 
     declaration under paragraph (1)(A) or an amended declaration 
     under subparagraph (A), the candidate shall file an 
     additional notification with the Commission and all other 
     candidates for such office each time expenditures from 
     personal funds are made in an aggregate amount in excess of--
       ``(i) $750,000; and
       ``(ii) $1,000,000.
       ``(6) Enforcement.--The Commission shall take such action 
     as it deems necessary under the enforcement provisions of 
     this Act to assure compliance with the provisions of this 
     subsection.''.

     SEC. 306. USE OF CONTRIBUTIONS TO REPAY PERSONAL LOANS.

       (a) In General.--Section 315 of the Federal Election 
     Campaign Act of 1971 (2 U.S.C. 441a), as amended by section 
     305, is amended by adding at the end the following:
       ``(j) Limitation on repayment of personal loans.--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.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply with respect to loans made or incurred after the 
     date of enactment of this Act.

  Mr. WARNER. Mr. President, I rise today in support of the Domenici 
amendment.
  As chairman of the Rules Committee during the 105th Congress, I had 
the honor of presiding over numerous hearings on campaign finance 
reform. As a result of these two years of hearings, discussions with 
numerous experts and colleagues, and the result of over two decades of 
participating in campaigns and campaign finance debates, I have 
developed some strong opinions on the issue of campaign finance reform. 
In fact, during the 105th and 106th Congresses, I introduced my own 
campaign finance reform bills. One aspect of both bills was a provision 
designed to level the playing field for candidates running against 
self-financed candidates.
  Candidates with personal wealth have a distinct advantage because of 
their constitutional right to spend their own funds. The prospect of 
facing a self-financed candidate can be daunting and may prevent many 
talented potential candidates from entering a political contest. My 
bill contained provisions similar to Senator Domenici's amendment 
before use now that raise contribution limits for candidates running 
against self-financed candidates. Just as my bill raised contribution 
limits incrementally according to how much the self-financed candidate 
spends on his or her campaign, Senator Domenici's amendment does the 
same.
  Mr first criteria when analyzing issues of campaign finance reform is 
that the legislation must be consistent with first amendment. The 
Congress must respect and protect the constitutional right of 
individuals, groups, and organizations to participate in advocacy 
concerning political issues, and this includes self-financed 
candidates. This amendment does not constrain the first amendment 
rights of the self-financed candidate, it merely levels the playing 
field and opens up the political process to those of more modest means.
  I urge my colleagues to support this amendment.
       Beginning on page 22, strike line 1 and all that follows 
     through page 24, line 2 and insert the following:

     SEC. 212. REPORTING REQUIREMENTS FOR INDEPENDENT 
                   EXPENDITURES.

       (a) Time for Reporting Certain Expenditures.--Section 304 
     of the Federal Election Campaign Act of 1971 (2 U.S.C. 434), 
     as amended by sections 103 and 201, is amended--
       (1) in subsection (c)(2), by striking the undesignated 
     matter after subparagraph (C); and
       (2) by adding at the end the following:
       ``(f) Time for Reporting Certain Expenditures.--
       ``(1) Expenditures aggregating $1,000.--
       ``(A) Initial report.--A person that makes or obligates to 
     make independent expenditures aggregating $1,000 or more 
     after the 20th day, but more than 24 hours, before an 
     election shall file a report describing the expenditures 
     within 24 hours after that amount of independent expenditures 
     has been made or obligated to be made.
       ``(B) Additional reports.--After a person files a report 
     under subparagraph (A), the person filing the report shall 
     file an additional report each time that independent 
     expenditures are made or obligated to be made aggregating an 
     additional $1,000 with respect to the same election as that 
     to which the initial report relates.
       ``(2) Expenditures aggregating $10,000.--
       ``(A) Initial report.--A person that makes or obligates to 
     make independent expenditures aggregating $10,000 or more 
     after the 90th day and up to and including the 20th day 
     before an election shall file a report describing the 
     expenditures within 24 hours after that amount of independent 
     expenditures has been made or obligated to be made.

[[Page S2480]]

       ``(B) Additional reports.--After a person files a report 
     under subparagraph (A), the person filing the report shall 
     file an additional report each time that independent 
     expenditures are made or obligated to be made aggregating an 
     additional $10,000 with respect to the same election as that 
     to which the initial report relates.
       ``(3) Contents of Report.--A report under this subsection--
       ``(A) shall be filed with the Commission;
       ``(B) shall contain the information required by subsection 
     (c).''.
       (b) Affidavit Requirement.--
       (1) Required from person making expenditure.--Section 
     304(c) of the Federal Election Campaign Act of 1971 (2 U.S.C. 
     434(c)), as amended by subsection (a), is amended--
       (A) in paragraph (2)(B), by striking ``certification'' and 
     inserting ``affidavit (in the case of a committee, by both 
     the chief executive officer and the treasurer of the 
     committee)''; and
       (B) by adding at the end the following:
       ``(4) Not later than 48 hours after making any independent 
     expenditure, a person described in paragraph (1) shall file 
     the affidavit described in paragraph (2)(B) with respect to 
     the expenditure with the Commission.''.
       (2) Required from candidate referred to in expenditure.--
     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:
       ``(g) Affidavit Requirements.--
       ``(1) Commission.--Not later than 48 hours after receipt of 
     an affidavit under subsection (c)(4), the Commission shall 
     notify the candidate to which the independent expenditure 
     refers and the candidate's campaign manager and campaign 
     treasurer that an expenditure has been made and an affidavit 
     has been received.
       ``(2) Candidate.--Not later than 48 hours after receipt of 
     notification under paragraph (1), the candidate and the 
     candidate's campaign manager and campaign treasurer shall 
     each file with the Commission an affidavit, under penalty of 
     perjury, stating whether or not the independent expenditure 
     was made in cooperation, consultation, or concert, with, or 
     at the request or suggestion of, the candidate or authorized 
     committee or agent of such candidate.''.
       (c) Conforming Amendment.--Section 304(c)(3) of the Federal 
     Election Campaign Act of 1971 (2 U.S.C. 434(c)(3)) is amended 
     by inserting ``or subsection (f)'' after ``this subsection''.
                                  ____

  SA 114. Mr. SPECTER submitted an amendment intended to be proposed by 
him to the bill S. 27, to amend the Federal Election Campaign Act of 
1971 to provide bipartisan campaign reform; which was ordered to lie on 
the table; as follows:

       On page 7, line 24, before ``; and'', insert the following: 
     ``so that a reasonable person would not disagree that the 
     meaning of the communication, taken as a whole, was to urge 
     the election or defeat of a clearly identified candidate.''
       On page 15, line 20, insert the following:
       ``(iv) promotes or supports a candidate for that office, or 
     attacks or opposes a candidate for that office (regardless of 
     whether the communication expressly advocates a vote for or 
     against a candidate) so that a reasonable person would not 
     disagree that the meaning of the communication, taken as a 
     whole, was to urge the election or defeat of a clearly 
     identified candidate.''

                          ____________________