A bill to amend the Federal Election Campaign Act of 1971 to provide a voluntary system of flexible fundraising targets for Senate elections, to increase public disclosure of activities of Senators, to reduce special interest influence in Senate elections, to increase competition in politics, and for other purposes.
Comprehensive Campaign Finance Reform and Ethics Act of 1991 - Title I: Senate Election Flexible Fundraising Targets - Amends the Federal Election Campaign Act of 1971 (FECA) to establish a new title V, Senate Election Flexible Fundraising Targets.
Provides for voluntary acceptance of such targets, in return for specified benefits. Entitles candidates for the Senate to the reduced broadcast rates under specified provisions of the Communications Act of 1934 if they file with the Federal Election Commission (FEC), at any time prior to the general election, a statement that they have not exceeded the specified fundraising targets for any primary or runoff election and will not exceed such targets for the general election.
Sets forth formulas for determining such fundraising targets for primary, runoff, and general elections to the Senate. Sets the target for the general election at not more than the lesser of: (1) $5,500,000; or (2) the greater of: (a) $950,000; or (b) $400,000 plus 30 cents for each person in the voting age population up to 4,000,000 and 25 cents for each such person above that number. Sets the primary election target at not more than the lesser of: (1) 67 percent of the general election target; or (2) $2,750,000. Sets the runoff election target at not more than 20 percent of the general election target. Exempts from being counted against such targets contributions by: (1) individuals who are not residents of the candidate's State; and (2) individuals who are not such State residents but who make contributions of no more than $250 in the aggregate to any one candidate. Provides for yearly indexing of such targets on the basis of increases in the price index.
Directs the FEC to: (1) issue regulations implementing this title within 180 days; and (2) provide eligible candidates advisory opinions concerning application of this title within 30 days after their request.
Directs specified congressional officials to appoint members of a bipartisan commission to: (1) study the effects of this title on Senate election campaign spending and costs during primary and general elections in 1994 and 1996; and (2) report its findings to those congressional officials by November 7, 1997.
Authorizes appropriations to the FEC and the bipartisan commission to carry out this title.
Makes this title effective with respect to Senate candidates in 1994, 1996, and 1998. Exempts contributions made to or received by an eligible candidate on or prior to the date of enactment of this title from being counted against the specified targets. Provides that FECA title I through IV shall remain in effect with respect to Senate election campaigns affected by this title except insofar as those provisions are inconsistent with this title.
Title II: Ethics in Government - Requires public disclosure of all congressional interventions, whether by unwritten or written contracts, in Federal department and agency enforcement action or contract awards.
Directs each executive department and agency to compile a monthly list of all unwritten communications received from congressional Members, employees, or agents with respect to enforcement matters or contract awards. Sets forth required details of such lists. Requires that such lists be filed monthly with the appropriate congressional committees and published biennially in the Congressional Record.
Directs each executive department and agency to create a public file containing all written communications received from congressional Members, employees, or agents with respect to enforcement matters or contract awards. Requires such information to be included in an appropriate existing public file.
Title III: Reduction of Special Interest Influence - Subtitle A: Ban on Political Action Committees - Amends title III of FECA to ban Federal election activities by political action committees (PACs), by prohibiting any person other than an individual or a political committee to make contributions, solicit or receive contributions, or make expenditures to influence a Federal election. Redefines political committee (thus eliminating references to PACs) to mean: (1) the principal campaign committee of a candidate; (2) any national State, or district committee of a political party, including subordinate committees; (3) any local committee of a political party which receives contributions, makes certain exempted payments, or makes contributions or expenditures exceeding specified levels; and (4) any committee jointly established by a principal campaign committee and such national, state, district, or local committees of a political party to conduct joint fundraising activities.
Provides, for purposes of specified FECA limitations on contributions and expenditures, that any political committee which is established, financed, maintained, or controlled by any candidate or Federal officeholder shall be deemed to be an authorized committee of such candidate or officeholder. Prohibits any political committee that supports or has supported more than one candidate from being designated as an authorized committee, with the following exceptions: (1) Presidential nominees may designate their political party's national committee as their principal campaign committee if such national committee maintains separate account books for its functions as principal campaign committee; and (2) candidates may designate a political committee established solely for joint fundraising by such candidates as an authorized committee.
Sets forth rules applicable when the ban on PACs is not in effect (i.e. if the Supreme Court rules such ban unconstitutional). Prohibits (when the PAC ban is not in effect) any non-connected PAC (i.e. one which is not directly or indirectly established, administered by a connected organization which is a corporation, labor organization, or trade association) from making aggregated contributions of more than $1,000 to any candidate or candidate's authorized committee.
Subtitle B: Ban on Soft Money in Federal Elections - Amends FECA to make it unlawful to influence any Federal election by soliciting or receiving any soft money or by making any payments from soft money. Defines soft money as any amount which, in terms of specified FECA provisions, is: (1) solicited or received from a prohibited source; (2) contributed, solicited, or received in excess of contribution limits; or (3) not subject to recordkeeping, reporting, or disclosure requirements.
Sets forth certain restrictions on national, State, and local political committees of political parties. Requires the treasurer of each such committee to keep an account of and report on each account maintained by such committee (including Federal and non-Federal accounts), and deposits into and disbursements from each such account.
Directs the FEC to issue regulations providing for a method of allocating the contributions and expenditures for any mixed activity (one affecting both a Federal and a non-Federal election) between Federal and non-Federal accounts of political party committees. Sets forth required guidelines for such allocation.
Includes political committees among the entities to which national banks, corporations, and labor organizations are prohibited from making contributions or expenditures for purposes of certain political elections.
Permits a labor organization to make political communications and establish and solicit contributions for a separate segregated political fund only if it provides the employees it represents with written notification of specified information, including that they cannot be obligated to pay for the political activities of the labor organization. Requires a labor organization which does not provide employees with such notification to finance those political activities which are not considered contributions or expenditures with funds collected for its separate, segregated political fund.
Amends the Internal Revenue Code to deny tax-exempt status to any organization that participates or intervenes in any political campaign on behalf of or in opposition to any candidate for Federal office.
Denies tax-exempt status for any organization: (1) which devotes any of its operating budget to voter registration, get-out-the-vote campaigns, or participation in political campaign activities; and (2) on whose behalf a candidate or an authorized committee thereof solicits contributions.
Amends FECA to impose Federal limits on contributions to political organizations maintained by a candidate for Federal office which are not political committees of a national, State, or local political party.
Makes it unlawful for national banks, corporations, and labor organizations to make campaign contributions or expenditures to a political organization of a candidate (unless it is an authorized committee).
Subtitle C: Other Activities - Amends FECA to reduce the maximum allowable contribution by individuals residing outside a candidate's State from $1,000 to $500.
Provides for increases in the maximum allowable individual contribution ($1,000 in-State and $500 out-of-State) by adjusting such limits in relation to increases in the Consumer Price Index.
Exempts certain national (as well as State and local) political party committee activities (such as campaign materials, voter registration, and get-out-the-vote activities) from treatment as contributions or expenditures. Includes general research activities among such exempted activities.
Increases the limit on individual contributions to political party committees from $25,000 to $50,000 in any calendar year.
Prohibits a conduit or intermediary from delivering or arranging to have delivered contributions from more than two persons who are employees of the same employer or members of the same labor organization.
Prohibits registered lobbyists or their officers, employees, or agents from acting as a conduit or intermediary with respect to contribution to a candidate for Federal office.
Sets forth disclosure requirements for independent expenditures through broadcast communications on any radio or television station.
Provides that an expenditure is not an independent expenditure where the person making an expenditure is in coordination, consultation, or concert with a candidate.
Requires the Commission to provide a hearing within three days after receiving a complaint alleging that an independent expenditure was made in cooperation, consultation, or concert with a candidate.
Requires expedited judicial review of matters related to the making or alleged making of an independent expenditure.
Title IV: Increases of Competition in Politics - Subtitle A: General Provisions - Allows seed money for challengers. Permits political party committees to use specified limited funds to match pre-primary, in-State contributions for challengers.
Allows congressional and senatorial campaign committees to establish an opposition research fund, limited to a specified amount, for a challenger to conduct research into the voting and other public records of the incumbent.
Sets forth requirements for use of surplus campaign funds. Allows surplus campaign funds to be: (1) transferred to specified types of tax-exempt organizations; (2) refunded to contributors on a pro rata basis; or (3) paid into the Treasury to reduce the public debt. Makes it unlawful for any political committee or its agent to utilize or dispose of surplus campaign funds except as specified or for any person to accept or receive surplus campaign funds for purposes other than those specified.
Requires all dispositions of surplus campaign funds to be reported through an itemization of such expenditures on the post-election semiannual report.
Allows the following amounts of surplus campaign funds existing on November 9, 1994, and thereafter to be rolled-over: (1) $50,000, for a candidate for the House of Representatives; and (2) $100,000, in the case of a candidate for the Senate. Prohibits rolling-over of State or local campaign funds for use in a Federal election, except within the above limits for House and Senate candidates.
Provides that certain radio and television expenditures by a State or local committee of a political party made for the purpose of publicizing, before a primary election, the voting or other public record of an incumbent who is not a member of such party will not be considered an expenditure in connection with the general election campaign of a candidate.
Sets forth requirements relating to campaign expenditures from personal funds. Requires a candidate, within 15 days of qualifying for a primary election ballot, to file with the Commission and each other qualifying candidate a declaration stating whether or not such candidate intends to expend funds and incur personal loans for the primary and general election in the aggregate of $250,000 or more from the following sources; (1) personal funds; (2) family funds; and (3) personal loans incurred in connection with the campaign for office. Allows the opponents of such candidate to accept larger contribution amounts from individuals.
Requires a candidate who files a declaration of intent not to expend more than $250,000 and who subsequently does exceed such amount, to file an amended declaration within 24 hours after exceeding such amount.
Allows a candidate to repay a personal loan in connection with the candidate's campaign from contributions made to such candidate or any authorized committee of such candidate. Prohibits the repayment of any interest on the principal amount of such loan.
Amends Federal law to prescribe guidelines for the reapportionment of Representatives and the establishment of congressional districts. Provides that nothing in such provisions shall be construed to supersede any provision of the Voting Rights Act of 1965.
Revises provisions with respect to congressional reapportionment and redistricting so that the number of persons in congressional districts within each State shall be as nearly equal as practicable, as determined under the most recent decennial census.
Prohibits congressional districts from being established with the intent and effect of diluting the voting strength of any persons or members of any political party. Requires district boundaries to avoid the division of counties and minimize the division of cities and other political subdivisions.
Establishes expedited Federal judicial review procedures of the redistricting process, giving Federal district courts exclusive jurisdiction.
Amends Federal law to set forth prohibitions and criminal penalties against election fraud and other public corruption and fraud in interstate or foreign commerce.
Subtitle B: Congressional Mass Mailings - Sets forth procedural guidelines under which Members of Congress shall receive a statement of costs and related expenses of congressional mass mailings. Requires quarterly publication of such expenses in the Congressional Record. Prohibits Members from sending franked mass mailing which exceed appropriated funds.
Prohibits Members or Members-elect from mailing any mass mailing as franked mail: (1) during the calendar year of any primary or general election in which the Member is a candidate for reelection; or (2) in the case of a House Member or Member-elect who is a candidate for any other public office if the mailing is postmarked during the year of the election (currently, fewer than 60 days before the election).
Sets forth requirements for reporting and publication of franked mass mailings by Members.
Prohibits a congressional office from transferring any of its allocated official mail costs (franking privileges) to the office of a Member who is a candidate for Federal office. Sets forth requirements for reporting and publication of any such transfers between congressional offices.
Amends the Supplemental Appropriations Act, 1973 to eliminate provisions for reimbursement from the contingent fund of the Senate to each Senator for official expenses incurred in the preparation of required official reports, and the acquisition of mailing lists to be used for official purposes, and in the mailing, delivery, or transmitting of matters relating to official business.
Title V: Broadcast Discount Rates - Amends the Communications Act of 1934 to: (1) prohibit a broadcast licensee from denying or preempting use of the broadcast station to a candidate during certain periods preceding a primary or general elections; and (2) require such licensee to certify under penalty of perjury that the charges made for such broadcast station use are at the lowest unit charge for the same amount of time for the same period. Requires the Commission to monitor compliance with these and other specified requirements with timely auditing of licensees' records relating to the use, and requests for use, of broadcast stations by candidates.
Title VI: Miscellaneous Provisions - Subtitle A: Federal Election Commission Enforcement Authority - Amends FECA to revise the enforcement provisions. Changes the determination the Federal Election Commission (FEC) must make upon receiving a compliant, before notifying the person of an alleged violation.
Authorizes the FEC to seek an injunction if: (1) it believes that there is a substantial likelihood that a violation of the Federal election laws is occurring or about to occur; (2) the failure to act expeditiously will result in irreparable harm; (3) such expeditious action will not cause undue harm or prejudice to the interests of others; and (4) the public interest would be best served by such an injunction.
Reduces the period provided for the FEC to attempt informally to prevent or correct a violation of such Act from 90 to 60 days. Requires the FEC to make such an attempt for a period of no more than 15 days, if the violation occurs during the 45 days prior to an election.
Provides greater penalties for knowing and willful violations committed during the 15-day period immediately preceding any election.
Requires the FEC, upon an affirmative vote of four of its members, to institute a civil action if it is unable to correct or prevent a violation of such Act. Requires a court in such civil action to grant a specified remedy upon a showing that the person involved has committed or is about to commit a violation of such Act.
Provides a private right of action if, by a tie vote, the FEC does not vote to institute a civil action.
Requires a court to impose a specified civil penalty for a knowing and willful violation of such Act.
Reduces the time which an aggrieved party must wait before seeking judicial redress because the FEC dismissed, or failed to reasonably pursue, a complaint filed by such party. Allows the aggrieved party to file an action in any U.S. district court having jurisdiction.
Increases the penalties for violation of the confidentiality requirement with respect to any notification or investigation made under such Act.
Removes the ceiling on the fine for any person who willfully and knowingly commits a violation of such Act which involves any contribution or expenditure aggregating $2,000 or more during a calendar year.
Requires the FEC to: (1) establish time limitations for investigations; and (2) publish an index for all investigations and update that index quarterly.
Revises FEC enforcement procedures for initial determinations and probable cause determinations.
Eliminates a requirement for an en banc hearing, under judicial review provisions.
Repeals the three-year statute of limitations for violations of FECA.
Allows the Federal Election Commission to make information contained in compliance files available to the Attorney General, at the Attorney General's request.
Subtitle B: Telephone Voting by Persons with Disabilities - Directs the FEC to: (1) study the feasibility of developing systems to permit persons with disabilities to vote by telephone; and (2) submit such study to the Congress within one year after enactment of this Act.
Subtitle C: Other Provisions - Revises requirements relating to campaign credit to require disclosures of debt settlement and loan security agreements.
Includes under the definition of contribution contributions made for drafting or encouraging an individual to become a candidate for Federal office. Treats such contributions as candidate contributions.
Introduced in Senate
Read twice and referred to the Committee on Rules.
Committee on Rules. Hearings held.
Committee on Rules. Hearings concluded. Hearings printed: S.Hrg. 102-44.
Committee on Rules. Ordered to be reported without amendment without recommendation.
Committee on Rules. Reported to Senate by Senator Ford without recommendation without amendment. Without written report.
Committee on Rules. Reported to Senate by Senator Ford without recommendation without amendment. Without written report.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 59.
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