[Congressional Record Volume 147, Number 95 (Tuesday, July 10, 2001)]
[House]
[Pages H3864-H3865]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                               AMENDMENTS

  Under clause 8 of rule XVIII, proposed amendments were submitted as 
follows:

                               H.R. 2330

                   Offered By: Mr. Smith of Michigan

       Amendment No. 30: Add before the short title at the end the 
     following new section:
       Sec. ____. None of the funds appropriated or otherwise made 
     available in this Act may be used to pay the salaries of 
     personnel of the Department of Agriculture who permit the 
     payment limitation specified in section 1001(2) of the Food 
     Security Act of 1985 (7 U.S.C. 1308(2)) to be exceeded in any 
     manner (whether through payments in excess of such 
     limitation, permitting repayment of marketing loans at a 
     lower rate, the issuance of certificates redeemable for 
     commodities, or forfeiture of a loan commodity when the 
     payment limitation level is reached), except, in the case of 
     a husband and wife, the total amount of the payments 
     specified in section 1001(3) of that Act that they may 
     receive during the 2001 crop year may not exceed $150,000.

                               H.R. 2360

                         Offered By: Mr. Roemer

       Amendment No. 1: Insert after title III the following:

TITLE IV--MODIFICATION OF INDIVIDUAL CONTRIBUTION LIMITS IN RESPONSE TO 
                    EXPENDITURES FROM PERSONAL FUNDS

     SEC. 401. 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 or Representative in or 
     Delegate or Resident Commissioner to the Congress exceeds the 
     threshold amount, the limit under subsection (a)(1)(A) (in 
     this subsection referred to as the `applicable limit') with 
     respect to that candidate shall be the increased limit.
       ``(B) Threshold amount.--
       ``(i) State-by-state and district-by-district 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--

       ``(I) in the case of a candidate for the office of Senator, 
     the voting age population of the State of the candidate (as 
     certified under section 315(e)); or
       ``(II) in the case of a candidate for the office of 
     Representative in or Delegate or Resident Commissioner to the 
     Congress, the voting population of the district the candidate 
     seeks to represent (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 the applicable 
     limit; 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

[[Page H3865]]

     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 the applicable 
     limit; 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 the applicable 
     limit;
       ``(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) the limits under subsection (d) with respect to any 
     expenditure by a State or national committee of a political 
     party shall not apply.

       ``(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, and a party committee shall not make any 
     expenditure, 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 and 
     party expenditures previously made 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 and a candidate's authorized committee shall not 
     accept any contribution and a party shall not make any 
     expenditure 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.
       ``(j) Limitation on Repayment of Personal Loans.--Any 
     candidate who incurs personal loans made after the date of 
     enactment of the Bipartisan Campaign Reform Act of 2001 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) 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 or Representative in or 
     Delegate or Resident Commissioner to the Congress, 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 that will exceed the State-by-State and District-by-
     District 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 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.--In 
     the next regularly scheduled report 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 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.''.

                               H.R. 2360

                         Offered By: Mr. Roemer

       Amendment No. 2: Insert after title III the following:

 TITLE IV--REQUIRING CANDIDATES USING CORPORATE AIRCRAFT TO REIMBURSE 
                      CORPORATION AT CHARTER RATE

     SEC. 401. REQUIRING CANDIDATES USING CORPORATE AIRCRAFT TO 
                   REIMBURSE CORPORATION OR UNION AT CHARTER RATE.

       Section 316 of the Federal Election Campaign Act of 1971 (2 
     U.S.C. 441b) is amended by adding at the end the following 
     new subsection:
       ``(c)(1) No candidate, agent of a candidate, or person 
     traveling on behalf of a candidate may use an airplane which 
     is owned or leased by a corporation for travel in connection 
     with a Federal election unless the candidate, agent, or 
     person in advance reimburses the corporation an amount equal 
     to the usual charter rate for such use.
       ``(2) Paragraph (1) shall not apply with respect to the use 
     of an airplane which is owned or leased by a corporation 
     which is licensed to offer commercial services for travel.''.