[Congressional Record Volume 147, Number 42 (Tuesday, March 27, 2001)]
[Senate]
[Pages S3002-S3004]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 148. Mr. KERRY (for himself, Mr. Biden, Mr. Wellstone, Ms. 
Cantwell, and Mr. Dodd) 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. VOLUNTARY SPENDING LIMITS AND PUBLIC FINANCING FOR 
                   SENATE CANDIDATES.

       (a) In General.--The Federal Election Campaign Act of 1971 
     (2 U.S.C. 431 et seq.) is amended by adding at the end the 
     following:

  ``TITLE V--VOLUNTARY SPENDING LIMITS AND PUBLIC FINANCING OF SENATE 
                           ELECTION CAMPAIGNS

     ``SEC. 501. DEFINITIONS.

       ``(a) Eligible Senate Candidate.--The term `eligible Senate 
     candidate' means a candidate for the Senate who is certified 
     under section 502 as eligible to receive benefits under this 
     title.
       ``(b) General Election Period.--The term `general election 
     period' means, with respect to a candidate, the period 
     beginning on the day after the date of the primary or primary 
     runoff election for the specific office that the candidate is 
     seeking, whichever is later, and ending on the earlier of--
       ``(1) the date of the general election; or
       ``(2) the date on which the candidate withdraws from the 
     campaign or otherwise ceases actively to seek election.

     ``SEC. 502. ELIGIBILITY FOR PUBLIC FINANCING.

       ``(a) In General.--A Senate candidate qualifies as an 
     eligible Senate candidate during the general election period 
     if the candidate files with the Commission a declaration, 
     signed by the candidate, that the candidate--
       ``(1) will comply with the election expenditure limit under 
     section 503; and
       ``(2) has met the qualifying contribution requirement under 
     subsection (d).
       ``(b) Time to File Declaration.--A declaration under 
     paragraph (1) shall be filed by a candidate not later than 
     the date that is 30 days before the date of the general 
     election.
       ``(c) Certification of Eligible Senate Candidate.--
       ``(1) In general.--Not later than 5 days after a candidate 
     files a declaration under subsection (b), the Commission 
     shall certify whether or not the candidate is an eligible 
     Senate candidate.
       ``(2) Revocation of certification.--The Commission may 
     revoke a certification under paragraph (1) if a candidate 
     fails to comply with this title.
       ``(3) Repayment of benefits.--If certification is revoked 
     under paragraph (2), the candidate shall repay to the Senate 
     Election Fund an amount equal to the value of benefits 
     received under this title.
       ``(d) Qualifying Contribution Requirement.--
       ``(1) In general.--The qualifying contribution requirement 
     under this subsection is met if the Senate candidate accepts 
     an aggregate number of qualifying contributions equal to or 
     greater than 0.25 percent of the voting age population of the 
     State in which the candidate is running for office.
       ``(2) Qualifying contributions.--For purposes of paragraph 
     (1), the term `qualifying contributions' means a contribution 
     in connection with the general election for which the 
     candidate is seeking funding--
       ``(A) from an individual who is a resident of the State for 
     which the candidate is seeking office; and
       ``(B) in an aggregate amount of--
       ``(i) not less than $20; and
       ``(ii) not more than $200.

     ``SEC. 503. GENERAL ELECTION EXPENDITURE LIMIT.

       ``(a) In General.--The aggregate amount of expenditures 
     that may be made by an eligible Senate candidate and the 
     candidate's authorized committee in connection with the 
     general election of the candidate shall not exceed an amount 
     equal to the sum of--
       ``(1) $1,000,000, plus
       ``(2) 50 cents multiplied by the voting age population for 
     the State in which the candidate is running for office.
       ``(b) Notice of Failure to Comply.--A candidate who files a 
     declaration under section 502 and subsequently acts in a 
     manner that is inconsistent with such declaration shall, not 
     later than 24 hours after the first such act--
       ``(1) file with the Commission a notice describing such 
     act; and
       ``(2) notify all other candidates for the same office by 
     certified mail.
       ``(c) Increase.--

[[Page S3003]]

       ``(1) In general.--Except as provided in paragraph (2), the 
     limitation under subsection (a) with respect to any candidate 
     shall be increased by an amount equal to the excess of--
       ``(A)(i) the expenditures made with respect to the general 
     election of any opponent of the candidate in the same 
     election who is not certified under this section; and
       ``(ii) the aggregate amount of independent expenditures and 
     disbursements for an electioneering communication (as defined 
     in section 304(d)(3)) made or obligated to be made in support 
     of another candidate in the election or in opposition to the 
     eligible Senate candidate, over
       ``(B) the expenditure limit with respect to the candidate.
       ``(2) Limitation.--Any increase in the expenditure limit 
     under paragraph (1) shall not exceed an aggregate amount 
     equal to 200 percent of the expenditure limit with respect to 
     the candidate (determined without respect to this 
     subsection).
       ``(d) Index.--
       ``(1) In general.--In the case of any calendar year after 
     2003--
       ``(A) each 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 2003; and
       ``(B) each amount so increased shall be the amount in 
     effect for the calendar year.
       ``(2) Rounding.--Each amount as increased under paragraph 
     (1), if not a multiple of $100, shall be rounded to the 
     nearest multiple of $100.

     ``SEC. 504. BENEFITS FOR ELIGIBLE CANDIDATES.

       ``An eligible Senate candidate shall be entitled to--
       ``(1) payments available under section 505 for the general 
     election period to make or obligate to make expenditures 
     during the election period; and
       ``(2) an aggregate amount of increase in payments in 
     response to certain independent expenditures, disbursements 
     for electioneering communications (as defined in section 
     304(d)(3)), and expenditures of an opponent of the candidate 
     under section 505.

     ``SEC. 505. PUBLIC FINANCING FOR ELIGIBLE SENATE CANDIDATES.

       ``(a) Amount of Payment.--
       ``(1) In general.--An eligible Senate candidate shall be 
     entitled to a payment with respect to a general election in 
     an amount equal to 200 percent of the aggregate amount of 
     contributions received from individuals during the general 
     election period.
       ``(2) Limitation.--The amount taken into account under 
     paragraph (1) with respect to an individual contribution 
     shall not exceed $200.
       ``(b) Matching Funds in Response to Independent 
     Expenditures; Electioneering Communications; and Expenditures 
     of Opponents.--
       ``(1) In general.--Except as provided in paragraph (2), if 
     the Commission determines, with respect to a general election 
     period, that--
       ``(A) an opponent of an eligible Senate candidate has made 
     expenditures; or
       ``(B) an aggregate amount of independent expenditures and 
     disbursements for electioneering communications (as so 
     defined) has been made or obligated to be made in support of 
     another candidate or against the eligible Senate candidate,
     in an aggregate amount in excess of the expenditure limit 
     with respect to the eligible Senate candidate, the Commission 
     shall make available to the eligible Senate candidate, not 
     later than 24 hours after making such determination, an 
     aggregate increase in funds in an amount equal to the 
     aggregate amount of such excess expenditures and 
     disbursements.
       ``(2) Limit on amount of matching funds.--The aggregate 
     amount of any increase under paragraph (1) shall not exceed 
     an amount equal to 200 percent of the expenditure limit with 
     respect to the candidate (determined without regard to this 
     subsection or section 503(c)).
       ``(3) Eligible senate candidates opposed by more than 1 
     opponent.--For purposes of paragraph (1), if an eligible 
     Senate candidate is opposed by more than 1 opponent in the 
     same election, the Commission shall take into account only 
     the amount of expenditures described in paragraph (1)(A) of 
     the opponent that expends, in the aggregate, the greatest 
     amount.
       ``(c) Use of payments.--Payments received by an eligible 
     Senate candidate under subsection (a) shall be used to make 
     expenditures with respect to the general election period of 
     the candidate.

     ``SEC. 506. ADMINISTRATION OF PUBLIC FINANCING.

       ``(a) Senate Election Fund.--
       ``(1) Establishment.--There is established in the Treasury 
     a fund to be known as the `Senate Election Fund'.
       ``(2) Deposits.--The Commission shall deposit amounts 
     appropriated for public financing under this title in the 
     Senate Election Fund.
       ``(3) Funds.--The Commission shall withdraw the payments 
     for an eligible Senate candidate from the Senate Election 
     Fund.
       ``(b) Payments to Candidates.--
       ``(1) In general.--Not later than 5 days after the 
     Commission certifies a Senate candidate as an eligible 
     candidate under section 502(c), the Commission shall pay the 
     eligible Senate candidate the amount of public financing 
     under section 505(a) and any amount of matching funds 
     determined under section 505(b).
       ``(2) Certification.--For purposes of determining the 
     amount under paragraph (1) with respect to a Senate 
     candidate, the candidate shall certify to the Commission the 
     amount of contributions described in section 505(a) and 
     expenditures described in section 505(b).
       ``(c) Insufficient Funds.--
       ``(1) Withholding.--If, at the time a payment is due under 
     subsection (b), the Secretary of the Treasury determines that 
     the monies in the Senate Election Fund are not, or may not 
     be, sufficient to satisfy the full entitlement of all 
     eligible Senate candidates, the Secretary shall withhold from 
     the amount of the payment any amount that the Secretary 
     determines to be necessary to ensure that each eligible 
     Senate candidate will receive the same pro rata share of the 
     candidate's full entitlement.
       ``(2) Subsequent payment.--Amounts withheld under paragraph 
     (1) shall be paid when the Secretary determines that there 
     are sufficient monies in the Senate Election Fund to pay all 
     or a portion of the funds withheld from all eligible Senate 
     candidates, but, if only a portion is to be paid, the portion 
     shall be paid in such a manner that each eligible Senate 
     candidate receives an equal pro rata share.

     ``SEC. 507. REGULATIONS.

       ``The Commission shall promulgate such regulations as 
     necessary to carry out the provisions of this title, 
     including reporting requirements to enable the Commission and 
     eligible Senate candidates to determine in a timely manner 
     the allowable increase in expenditure limits under section 
     503(c) and the matching funds under section 505(b) in 
     response to certain disbursements.

     ``SEC. 508. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to the Senate 
     Election Fund such sums as are necessary to carry out this 
     title.''.
       (b) Increase in Political Party Committee Coordinated 
     Expenditures.--Section 315(d) of the Federal Election 
     Campaign Act of 1971 (2 U.S.C. 441a(d)) is amended--
       (1) in paragraph (1), by striking ``(2) and (3)'' and 
     inserting ``(2), (3), and (4)''; and
       (2) by adding at the end the following:
       ``(4) In the case of an eligible Senate candidate (as 
     defined under section 501(a)), the expenditure limit under 
     paragraph (3) shall be the greater of--
       ``(A) the limit determined under paragraph (3) (without 
     regard to this paragraph); or
       ``(B) an amount equal to the excess of--
       ``(i) the expenditure limit under section 503(a) with 
     respect to the candidate (after any increase under section 
     503(c)), over
       ``(ii) the amount of contributions accepted by the 
     candidate with respect to the general election period and any 
     amounts received under section 505.''.
       (c) Effective Date.--Notwithstanding section 402 and except 
     as otherwise provided in this section, amendments made by 
     this section shall apply with respect to elections occurring 
     after December 31, 2002.
                                  ____
                                  
  SA 149. Mr. THOMPSON (for himself, Mr. Torricelli, and Mr. Nickles) 
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. ____. MODIFICATION OF CONTRIBUTION LIMITS.

       (a) Increase in Individual Limits.--Section 315(a)(1) of 
     the Federal Election Campaign Act of 1971 (2 U.S.C. 
     441a(a)(1)) is amended--
       (1) in subparagraph (A), by striking ``$1,000'' and 
     inserting ``$2,500'';
       (2) in subparagraph (B), by striking ``$20,000'' and 
     inserting ``$40,000''; and
       (3) in subparagraph (C), by striking ``$5,000'' and 
     inserting ``$7,500''.
       (b) Increase in Aggregate Individual Limit.--Section 
     315(a)(3) of the Federal Election Campaign Act of 1971 (2 
     U.S.C. 441a(a)(3)), as amended by section 102(b), is amended 
     by striking ``$30,000'' and inserting ``$50,000''.
       (c) 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 ``$17,500''; and
       (3) in subparagraph (C), by striking ``$5,000'' and 
     inserting ``$7,500''.
       (d) Increase in Senatorial Campaign Committee Limit.--
     Section 315(h) of the Federal Election Campaign Act of 1971 
     (2 U.S.C. 441a(h)) is amended by striking ``$17,500'' and 
     inserting ``$35,000''.
       (e) Indexing of Increased Limits.--
       (1) In general.--Section 315(c) of the Federal Election 
     Campaign Act of 1971 (2 U.S.C. 441a(c)) is amended--
       (A) in paragraph (1)--
       (i) by striking the second and third sentences;
       (ii) by inserting ``(A)'' before ``At the beginning''; and
       (iii) by adding at the end the following:
       ``(B) Except as provided in subparagraph (C), in any 
     calendar year after 2002--
       ``(i) a limitation established by subsection (a), (b), (d), 
     or (h) shall be increased by the percent difference 
     determined under subparagraph (A); and
       ``(ii) each amount so increased shall remain in effect for 
     the calendar year.
     If any amount after adjustment under the preceding sentence 
     is not a multiple of $500, such amount shall be rounded to 
     the next nearest multiple of $500 (or if such amount is a 
     multiple of $250 (and not a multiple of $500), such amount 
     shall be rounded to the next highest multiple of $500).
       ``(C) In the case of limitations under subsection (a), each 
     amount increased under subparagraph (B) shall remain in 
     effect for the 2-year period beginning on the first day 
     following the date of the last general election in the year 
     preceding the year in which the amount is increased and 
     ending on the date of the next general election.''; and
       (B) 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''.
       (2) Effective date.--The amendments made by subsection (e) 
     shall apply to calendar years after 2002.

[[Page S3004]]

                                  ____
                                  
  SA 150. Mr. BOND 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 37, between lines 14 and 15, insert the following:

     SEC. 305. INCREASE IN PENALTIES IMPOSED FOR VIOLATIONS OF 
                   CONDUIT CONTRIBUTION BAN.

       (a) Increase in Civil Money Penalty for Knowing and Willful 
     Violations.--Section 309(a) of the Federal Election Campaign 
     Act of 1971 (2 U.S.C. 437g(a)) is amended--
       (1) in paragraph (5)(B), by inserting before the period at 
     the end the following: ``(or, in the case of a violation of 
     section 320, which is not less than 300 percent of the amount 
     involved in the violation and is not more than the greater of 
     $50,000 or 1000 percent of the amount involved in the 
     violation)''; and
       (2) in paragraph (6)(C), by inserting before the period at 
     the end the following: ``(or, in the case of a violation of 
     section 320, which is not less than 300 percent of the amount 
     involved in the violation and is not more than the greater of 
     $50,000 or 1000 percent of the amount involved in the 
     violation)''.
       (b) Increase in Criminal Penalty.--
       (1) In general.--Section 309(d)(1) of such Act (2 U.S.C. 
     437g(d)(1)) is amended by adding at the end the following new 
     subparagraph:
       ``(D) Any person who knowingly and willfully commits a 
     violation of section 320 involving an amount aggregating 
     $1,000 or more during a calendar year shall be fined, or 
     imprisoned for not more than 2 years, or both. The amount of 
     the fine shall not be less than 300 percent of the amount 
     involved in the violation and shall not be more than the 
     greater of $50,000 or 1000 percent of the amount involved in 
     the violation.''.
       (2) Conforming amendment.--Section 309(d)(1)(A) of such Act 
     (2 U.S.C. 437g(d)(1)(A)) is amended by inserting ``(other 
     than section 320)'' after ``this Act''.
       (c) Mandatory Referral to Attorney General.--Section 
     309(a)(5)(C) of such Act (2 U.S.C. 437(a)(5)(C)) is amended 
     by inserting ``(or, in the case of a violation of section 
     320, shall refer such apparent violation to the Attorney 
     General of the United States)'' after ``United States''.
       (d) Effective Date.--The amendments made by this section 
     shall apply with respect to violations occurring on or after 
     the date of enactment of this Act.

     SEC. 306. EXTENSION OF BAN ON FOREIGN CONTRIBUTIONS TO ALL 
                   CAMPAIGN-RELATED DISBURSEMENTS.

       (a) Prohibition on Disbursements by Foreign Nationals.--
     Section 319 of the Federal Election Campaign Act of 1971 (2 
     U.S.C. 441e) is amended--
       (1) in the heading, by striking ``contributions'' and 
     inserting ``disbursements'';
       (2) in subsection (a), by striking ``contribution'' each 
     place it appears and inserting ``disbursement''; and
       (3) in subsection (a), by striking the semicolon and 
     inserting the following: ``, including any disbursement to a 
     political committee of a political party and any disbursement 
     for an independent expenditure;''.
       (b) Effective Date.--The amendments made by this section 
     shall apply with respect to disbursements made on or after 
     the date of enactment of this Act.

                          ____________________