Fair Campaign Finance Reform Act of 1993

TABLE OF CONTENTS:

Title I: Control of Congressional Campaign Spending

Subtitle A: Senate Election Campaign Spending Limits and

Benefits

Subtitle B: Expenditure Limitations, Contribution

Limitations, and Matching Funds for Eligible House

of Representatives Candidates

Subtitle C: General Provisions

Title II: Independent Expenditures

Title III: Expenditures

Subtitle A: Personal Loans; Credit

Subtitle B: Provisions Relating to Soft Money of

Political Parties

Title IV: Contributions

Title V: Reporting Requirements

Title VI: Federal Election Commission

Title VII: Ballot Initiative Committees

Title VIII: Miscellaneous

Title IX: Effective Dates; Authorizations

Fair Campaign Finance Reform Act of 1993 - Title I: Control of Congressional Campaign Spending - Subtitle A: Amendments to the Internal Revenue Code of 1986 - Amends the Internal Revenue Code to provide an income tax credit (up to $100 for an individual, and $200 for a joint return) for contributions to eligible House of Representatives (House) candidates.

Subtitle B: Expenditure Limitations and Contribution Limitations for Eligible House of Representatives Candidates - Amends the Federal Election Campaign Act of 1971 (FECA) to limit an eligible House candidate, in and election cycle, to aggregate expenditures of $600,000, of which not more than $500,000 may be expended in the general election period.

(Sec. 121) Limits run-off election and special election expenditures for such a candidate, with additional allowances for closely contested primaries.

Requires annual adjustment of such limits according to a specified price index, using calendar 1993 as the base year.

Waives expenditure limitations for an eligible House candidate if any opponent is not eligible for FECA benefits and spends in excess of 80 percent of the general election period limit.

Requires any noneligible House candidate who receives contributions exceeding 50 percent of the general election period limit, or makes expenditures exceeding 80 percent of such limit, to report to the Clerk of the House of Representatives within 48 hours.

Excludes from the computation of expenditures subject to limits under this title: (1) any payments for legal and accounting compliance and Federal, State, or local taxes with respect to a candidate's authorized committees; and (2) certain fundraising costs, including salaries and overhead.

Sets forth graduated civil penalties for low, medium, and large amounts of excess expenditures.

Limits the aggregate contributions an eligible House candidate may accept with respect to any election cycle to $600,000. Waives contribution limitations for an eligible House candidate if any opponent is not eligible for FECA benefits and spends in excess of 50 percent of the general election period limit.

Limits to $50,000 in any election cycle the personal contributions of an eligible House candidate from his or her own funds. Waives this limitation if any other House candidate in the same election is ineligible for FECA benefits and receives contributions exceeding 50 percent of the general election period limitation.

Sets forth graduated civil penalties for low, medium, and large amounts of excess contributions. Excludes from the computation of contributions subject to limits under this title any used for legal and accounting compliance costs and Federal, State, or local taxes with respect to a candidate's authorized committees.

Requires annual adjustment of contribution limitations according to a specified price index, using calendar 1993 as the base year.

Denies any payments to any eligible House candidate unless he or she certifies that all his or her television commercials permit closed captioning.

(Sec. 122) Limits to $300,000 the maximum aggregate contributions of political committees to a House candidate, and to the same amount the maximum aggregate contributions of large donors.

Subtitle C: General Provisions - Amends the Communications Act of 1934 to require a broadcast station to make broadcast time available to all House and Senate candidates in the last 30 (currently 45) days before a primary and the last 45 (currently 60) days before a general election, at the lowest unit charge of the station for the same amount of time (currently, the same class and amount of time) for the same period on the same date.

(Sec. 131) Prohibits broadcasters from preempting advertisements sold to political candidates at the lowest unit rate, unless the preemption is beyond the broadcaster's control.

(Sec. 132) Amends Federal law to permit eligible House and Senate candidates to mail up to one piece per eligible voter (voting age population) at the lowest third-class non-profit postage rate, during a general election period only.

(Sec. 134) Requires a clear statement of responsibility in advertisements with: (1) a clearly readable type and color contrasts for print advertisements; (2) clearly readable type, color contrasts, the candidate's image, and for a duration of at least four seconds, for television advertisements; and (3) a clearly spoken message by the candidate for both television and radio advertisements.

Title II: Independent Expenditures - (Sec. 201) Amends FECA to define "independent expenditure" as an expenditure for an advertisement or other communication that: (1) contains express advocacy; and (2) is made without the participation or cooperation of a candidate or a candidate's representative. Excludes from the meaning of "independent expenditure" any expenditure by: (1) a political committee of a political party; (2) persons who communicate or receive information about activities that have a purpose of influencing a candidate's election; and (3) persons with other specified relationships with a candidate or candidate's agents in the same election cycle.

(Sec. 201) Defines "express advocacy" as any communication that when taken as a whole: (1) expresses support for or opposition to a specific candidate, a specific group of candidates, or candidates of a particular political party; or (2) suggests taking action with respect to an election, such as voting for or against, contributing to, or participating in campaign activity.

Title III: Expenditures - Subtitle A: Personal Loans; Credit - Amends FECA to prohibit the use of contributions after the date of a general election to repay loans to a candidate (or authorized committee) by the candidate himself or herself or by members of the candidate's family.

(Sec. 302) Treats as a contribution any extension of credit of more than $1,000 for more than 60 days to Senate and House candidates (or authorized committees) by vendors of advertising and mass mailing services.

Subtitle B: Provisions Relating to Soft Money of Political Parties - (Sec. 311) Amends FECA to limit to an aggregate $10,000 in any calendar year: (1) an individual's contributions to political committees established by a State committee of a political party; and (2) a multicandidate political committee's contributions to State party committees. Increases the $25,000 per year limit on an individual's contributions to a candidate by the amount of contributions (up to $5,000) made to State party committees.

(Sec. 312) Prohibits a State party committee (including any subordinate committees) from making expenditures in connection with the general election presidential campaign of the party nominee which, in the aggregate, exceed a certain indexed amount.

Subjects to certain limitations, prohibitions and reporting requirements any amount ("soft money") solicited, received, or expended directly or indirectly by a national, State, district, or local committee of a political party (including any subordinate committee) with respect to an activity (such as voter registration and get-out-the vote activities, among others) which, in whole or in part, is in connection with an election to Federal office.

Prohibits a national political party committee from soliciting or accepting contributions not subject to FECA limitations, prohibitions, and reporting requirements.

Cites conditions under which any amount received by the national, State, district, or local committee of a political party (including any subordinate committee) from a State or local candidate committee shall be treated as meeting the soft money requirements of this title.

(Sec. 313) Places limitations on fundraising by Federal candidates and officeholders and certain political committees for State and local elections.

Prohibits Federal candidates or officeholders from soliciting contributions to, or on behalf of, any tax-exempt organization if a significant portion of the organization's activities include voter registration or get-out-the-vote campaigns.

(Sec. 314) Requires the national committee of a political party and any congressional campaign committee (and any subordinate committee) to report all receipts and disbursements during the reporting period, regardless of whether or not in connection with a Federal election.

Title IV: Contributions - Specifies circumstances in which contributions made or arranged to be made directly or indirectly by a person to or on behalf of a particular candidate through an intermediary or conduit shall be treated as contributions from such intermediary or conduit to the candidate (thus subjecting them to the FECA limitations otherwise applicable to that intermediary or conduit).

(Sec. 402) Treats contributions by a dependent not of voting age as having been made by the individual on whom that dependent is a dependent.

(Sec. 403) Prohibits a candidate for Federal office from accepting, with respect to any election, any contribution from a State or local political party committee (or subordinate committee) if such contribution, when added to the total of contributions previously accepted from all such committees of that political party, exceeds the relevant contribution limitation.

(Sec. 404) Excludes from the meaning of "contribution" any campaign expense voluntarily paid for by a campaign worker as an advance to the campaign, provided the amount does not exceed $500 and is reimbursed by the committee within ten days.

Title V: Reporting Requirements - Requires all Federal candidates and authorized committees to aggregate information on their financial activity reports on an election cycle basis (instead of a calendar year basis, as at present).

(Sec. 502) Requires candidates to report any expenditure in excess of the reporting threshold made to a person who provides services or materials for the candidate, whether the payment was made directly or indirectly under subcontract to another person providing personal or consulting services.

(Sec. 503) Reduces from $200 to $50 the threshold for reporting certain information by persons other than political committees.

(Sec. 504) Requires the Commission to maintain computerized indices of all contributions of at least $50 (currently $200).

Title VI: Federal Election Commission - Prohibits a political committee that is not an authorized committee from using a candidate's name in a way to suggest that the candidate has authorized such committee.

(Sec. 603) Provides for filling any vacancy in the office of general counsel, and revises the general counsel's rate of pay.

(Sec. 604) Revises the basis for an enforcement proceeding from "reason to believe that a person has committed or is about to commit a violation of FECA" to "facts have been alleged or ascertained that, if true, give reason to believe that a person may have committed, or may be about to commit" such a violation. Authorizes the Commission to initiate a civil action for a temporary restraining order or a temporary injunction at any time during an enforcement proceeding that it believes there is substantial likelihood a FECA violation is occurring or about to occur, and the need for expeditious action meets certain criteria.

(Sec. 606) Authorizes the Commission to conduct random audits of political committees.

(Sec. 607) Prohibits contribution solicitation by false representation as a candidate or a representative of a candidate, a political committee, or a political party.

(Sec. 608) Directs the Commission to promulgate rules to prohibit devices or arrangements which have the purpose or effect of undermining or evading provisions of FECA restricting the use of non-Federal money to affect Federal elections.

Title VII: Ballot Initiative Committees - Defines a ballot initiative political committee as any committee, club, association or other group of persons which makes ballot initiative expenditures or receives ballot initiative contributions exceeding $1,000 during a calendar year in order to influence the outcome of any ballot initiative involving specified Federal issues voted on at the State, commonwealth, territory, or District of Columbia level.

(Sec. 702) Excludes ballot initiative contributions and expenditures from the usual meaning of contributions and expenditures under FECA.

(Sec. 704) Makes the political committee organizational and reporting requirements (and attendant civil penalties) under FECA applicable to ballot initiative committees.

(Sec. 707) Applies to ballot initiative contributions the current prohibition against: (1) making a contribution in the name of another person or knowingly permitting one's name to be used to effect such a contribution; and (2) knowingly accepting a contribution made by one person in the name of another person.

(Sec. 708) Limits ballot initiative contributions of currency to an aggregate of $100 per person.

Title VIII: Miscellaneous - Prohibits Federal candidates and officeholders from establishing, maintaining, or controlling any political committee (such as a "leadership committee") other than a principal campaign committee of the candidate, authorized committee, party committee, or other political committee designated as an authorized committee.

(Sec. 802) Requires that contributions of polling data to Federal candidates be valued at fair market value on the date of the poll's completion, depreciated at a specified rate.

(Sec. 803) Denies FECA payments to any general election candidates of a political party for President or Vice President unless both candidates for such office agree in writing to at least four debates for the office of President, or at least one debate for the office of Vice President, sponsored by a nonpartisan or bipartisan organization, with all other candidates for the office eligible for FECA benefits.

(Sec. 804) Prohibits foreign nationals from directly or indirectly directing, controlling, influencing, or participating in any person's election-related activities with respect to any local, State, or Federal office.

(Sec. 805) Permits union and corporate expenditures for candidates appearances, debates, and voter guides in Federal elections if certain conditions are met.

(Sec. 806) Directs the Commission to study and report to the Congress on the feasibility of developing telephonic voting for persons with disabilities.

(Sec. 807) Prohibits the use of any aircraft owned or operated by the Federal Government in connection with a Federal election, except for travel of the President or Vice President as long as the portion of the cost of any such travel allocable to election activities is paid by the President's authorized committee.

(Sec. 808) Declares that it is the sense of Congress that the Congress should consider legislation providing a Constitutional amendment to set reasonable limits on campaign expenditures in Federal elections.

Title IX: Effective Dates; Authorizations - Sets forth the general effective date of this Act.

Provides for: (1) budget neutrality of this Act; and (2) direct, expedited appeal to the U.S. Supreme Court from any court rulings on the constitutionality of any provision of this Act or amendment made by it.