Senate Campaign Finance Reform Act of 1996 - Amends the Federal Election Campaign Act of 1971 (FECA) to add a new title on Senate election campaign financing. Prohibits any Senate candidate or authorized committee of such candidate from accepting any contribution or making any expenditures with respect to a general election, except as provided in this Act.
Requires a candidate, to receive benefits under this Act, to file a declaration with the Secretary of the Senate stating that the candidate agrees in writing to participate in at least two debates and that the candidate and the candidate's authorized committees: (1) will deposit payments received in an account insured by the Federal Deposit Insurance Corporation from which funds may be withdrawn; (2) will furnish campaign records and other appropriate information to the Federal Election Commission (FEC); (3) have not received contributions from any individual for a primary or runoff election which in the aggregate exceed $100 or from entities other than individuals; and (4) did not make expenditures in excess of 50 percent of the total amount that will be available to all candidates in the State for the general election.
Sets forth requirements for FEC certification of a candidate as eligible for benefits under this Act. Entitles each eligible Senate candidate to: (1) free broadcast time as specified later in this Act; and (2) specified payments from the Senate Election Campaign Fund for the general election based on the amount of donations from taxpayers of such candidate's State.
Sets forth provisions regarding: (1) judicial review of the FEC's actions under this Act; and (2) FEC participation in judicial proceedings instituted under this Act.
Establishes the Senate Election Campaign Fund in the Treasury. Authorizes appropriations matching any contributions by persons which are specifically designated for the Fund. Sets forth FEC reporting requirements regarding candidate expenditures, benefits made available, and Fund balances.
Amends: (1) the Internal Revenue Code to provide for taxpayer designation of additional amounts to the Fund upon filing a return; and (2) the Communications Act of 1934 to require a licensee to make available two hours of free broadcast time (at least one hour of which is in prime time) to each eligible Senate candidate in each State within its broadcast area within 90 days before an election, subject to specified requirements.
Adds a new title to FECA regulating soft money. Prohibits a national committee of a political party, any entity that is established, financed, maintained, or controlled by such committee, and any officer or agent of such committee or entity from soliciting or accepting contributions or transfers not subject to the limitations, prohibitions, and reporting requirements of such Act (limitations). Subjects any amount solicited, received, expended, or disbursed by a national, State, district, or local committee of a political party during a calendar year which might affect the outcome of a Federal election to such limitations, with exceptions.
Sets forth provisions regarding: (1) fund raising expenditures; (2) restrictions on fundraising by candidates and officeholders; and (3) reporting requirements.
Requires the FEC to carry out a program, utilizing public service announcements, to provide basic information to the public about voter registration and voting requirements.
[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1528 Introduced in Senate (IS)]
104th CONGRESS
2d Session
S. 1528
To reform the financing of Senate campaigns, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 25, 1996
Mr. Bradley introduced the following bill; which was read twice and
referred to the Committee on Rules and Administration
_______________________________________________________________________
A BILL
To reform the financing of Senate campaigns, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Senate Campaign Finance Reform Act
of 1996''.
SEC. 2. SENATE ELECTION CAMPAIGN FINANCING.
(a) Amendment of the Federal Election Campaign Act of 1971.--The
Federal Election Campaign Act of 1971 is amended by adding at the end
the following new title:
``TITLE V--SENATE ELECTION CAMPAIGN FINANCING
``SEC. 501. SENATE CAMPAIGN FINANCING.
``No Senate candidate or authorized committee of a Senate candidate
shall accept any contribution with respect to a general election or
make any expenditures with respect to a general election except as
provided in this title.
``SEC. 502. REQUIREMENTS FOR RECEIPT OF BENEFITS.
``(a) Eligible Senate Candidate.--For purposes of this title, a
Senate candidate is an eligible Senate candidate if the candidate files
a declaration with the Secretary of the Senate under penalty of perjury
stating that--
``(1) the candidate agrees in writing to participate in at
least 2 debates, sponsored by a nonpartisan or bipartisan
organization, with all other candidates for that office who are
receiving payments under this title;
``(2) the candidate and the candidate's authorized
committees will not accept any contribution with respect to a
general election or make any expenditure with respect to a
general election except from funds provided under this title;
``(3) the candidate and the authorized committees of such
candidate did not accept contributions, or make expenditures,
for the primary or runoff election in excess of the limitations
under subsection (b); and
``(4) the candidate and the authorized committees of such
candidate--
``(A) will deposit all payments received under this
title in an account insured by the Federal Deposit
Insurance Corporation from which funds may be withdrawn
by check or similar means of payment to third parties;
and
``(B) will furnish campaign records, evidence of
contributions, and other appropriate information to the
Commission.
``(b) Primary and Runoff Expenditure and Contribution
Limitations.--The requirements of this subsection are met if--
``(1) the candidate and the candidate's authorized
committees have not received contributions from any individual
for the primary or runoff election which in the aggregate
exceed $100;
``(2) all contributions received by the candidate and the
candidate's authorized committees are from individuals; and
``(3) the candidate and the candidate's authorized
committees did not make expenditures for the primary or runoff
election in excess of 50 percent of the total amount that will
be available to all candidates in the State for the general
election under section 504(b) (based on the State's estimate of
the total amount made 30 days prior to the date of the primary
or runoff election).
``(c) Time for Filing.--The declaration under subsection (a) shall
be filed not later than 7 days after the earlier of--
``(1) the date the candidate qualifies for the general
election ballot under State law; or
``(2) if, under State law, a primary or runoff election to
qualify for the general election ballot occurs after September
1, the date the candidate wins the primary or runoff election.
``SEC. 503. CERTIFICATION BY COMMISSION.
``(a) Request.--Each eligible Senate candidate seeking to receive
benefits under this title shall submit a request to the Commission, at
such time and in such manner as the Commission may require in
regulations, containing--
``(1) a copy of the declaration filed pursuant to section
502(a);
``(2) such additional information as the Commission may
require in regulations; and
``(3) a verification signed by the candidate and the
treasurer of the principal campaign committee of such candidate
stating that the information furnished in support of the
request is correct and fully satisfies the requirements of this
title.
``(b) Certification.--
``(1) Issuance.--Not later than 48 hours after a Senate
candidate files a request with the Commission to receive
benefits under this title, the Commission shall--
``(A) issue a certification to each candidate who
satisfies the requirements of section 502;
``(B) calculate the amount of payments to which
such candidate is entitled pursuant to section 504; and
``(C) transmit notification of the certification to
the Secretary of the Senate.
``(2) Revocation.--The Commission shall revoke such
certification if the Commission determines a candidate fails to
continue to satisfy the requirements of section 502.
``(c) Determinations by Commission.--All determinations (including
certifications under subsection (b)) made by the Commission under this
title shall be final and conclusive, except to the extent that they are
subject to judicial review under section 505.
``SEC. 504. BENEFITS ELIGIBLE SENATE CANDIDATES ENTITLED TO RECEIVE.
``(a) Use of Free Broadcast Time.--
``(1) In general.--Each eligible Senate candidate shall be
entitled to free broadcast time as provided under section 315A
of the Communications Act of 1934.
``(2) Broadcast duration.--Free broadcast time shall be
used in segments of not less than 1 minute.
``(b) General Election Campaign Financing.--
``(1) Amount of payments.--(A) Each eligible Senate
candidate in a State shall receive a payment for the general
election in an amount equal to the State share divided by the
number of eligible Senate candidates in the State.
``(B) For purposes of this paragraph, the term `State
share' means, with respect to a State, the sum of--
``(i) 50 percent of the funds in the Senate
Election Campaign Fund which are attributable to
donations from taxpayers from such State and which
remain in the fund after the last election for the office of United
States Senator in that State, and interest allocable to such portion,
plus
``(ii) 50 percent of the funds in the Senate
Election Campaign Fund which are attributable to
donations from taxpayers from such State after such
election and before the 2d calendar year preceding the
calendar year of the election, and interest allocable
to such portion, plus
``(iii) 100 percent of the funds in the Senate
Election Campaign Fund which are attributable to
donations from taxpayers from such State during the 2
calendar years preceding the calendar year of the
election, and interest allocable to such portion.
``(C) For purposes of this paragraph, donations made to the
Senate Election Campaign Fund which are included with an income
tax return for a taxable year under section 6097 of the
Internal Revenue Code of 1986 shall be treated as made on the
last day of the calendar year in which the taxable year ends.
``(2) Free broadcast time.--Free broadcast time provided
pursuant to subsection (a) shall not be used in calculating the
amount a candidate is entitled to receive under this
subsection.
``SEC. 505. JUDICIAL REVIEW.
``(a) Judicial Review.--Any agency action by the Commission made
under this title shall be subject to review by the United States Court
of Appeals for the District of Columbia Circuit upon petition filed in
such court not later than 30 days after the agency action by the
Commission for which review is sought. It shall be the duty of the
Court of Appeals, ahead of all matters not filed under this title, to
advance on the docket and expeditiously take action on all petitions
filed pursuant to this title.
``(b) Application of Title 5.--The provisions of chapter 7 of title
5, United States Code, shall apply to judicial review of any agency
action by the Commission.
``(c) Agency Action.--For purposes of this section, the term
`agency action' has the meaning given such term by section 551(13) of
title 5, United States Code.
``SEC. 506. PARTICIPATION BY COMMISSION IN JUDICIAL PROCEEDINGS.
``(a) Appearances.--The Commission is authorized to appear in and
defend against any action instituted under this section and under
section 505 either by attorneys employed in its office or by counsel
whom it may appoint without regard to the provisions of title 5, United
States Code, governing appointments in the competitive service, and
whose compensation it may fix without regard to the provisions of
chapter 51 and subchapter III of chapter 53 of such title.
``(b) Institution of Actions.--The Commission is authorized,
through attorneys and counsel described in subsection (a), to institute
actions in the district courts of the United States to seek recovery of
any amounts determined under this title to be payable to the Secretary
of the Treasury.
``(c) Injunctive Relief.--The Commission is authorized, through
attorneys and counsel described in subsection (a), to petition the
courts of the United States for such injunctive relief as is
appropriate in order to implement any provision of this title.
``(d) Appeals.--The Commission is authorized on behalf of the
United States, to appeal from, and to petition the Supreme Court for
certiorari to review of, judgments or decrees entered with respect to
actions in which it appears pursuant to the authority provided in this
section.
``SEC. 508. PAYMENTS RELATING TO CANDIDATES.
``(a) Establishment of Campaign Fund.--
``(1) Establishment.--There is established on the books of
the Treasury of the United States a special fund to be known as
the `Senate Election Campaign Fund'.
``(2) Appropriations.--(A) There are appropriated to the
Fund for each fiscal year, out of amounts in the general fund
of the Treasury not otherwise appropriated, amounts equal to
any contributions by persons which are specifically designated
as being made to the Fund.
``(B) The Secretary of the Treasury shall, from time to
time, transfer to the Fund an amount not in excess of the
amounts described in subparagraph (A).
``(C) Amounts in the Fund shall remain available without
fiscal year limitation.
``(3) Availability of funds.--Amounts in the Fund shall be
available only for the purposes of making payments required
under this title.
``(4) Accounts.--The Secretary of the Treasury shall
maintain such accounts in the Fund as may be required by this
title or which the Secretary of the Treasury determines to be
necessary to carry out this title.
``(b) Payments Upon Certification.--Upon receipt of a certification
from the Commission under section 503, the Secretary of the Treasury
shall promptly pay the amount certified by the Commission to the
candidate out of the Senate Election Campaign Fund.
``(c) Management of Fund.--The provisions of section 9602 of the
Internal Revenue Code of 1986 shall apply to the Senate Election
Campaign Fund.
``SEC. 507. REPORTS TO CONGRESS; REGULATIONS.
``(a) Reports.--
``(1) Requirement.--The Commission shall, as soon as
practicable after each election, submit a full report to the
Senate setting forth--
``(A) the expenditures (shown in such detail as the
Commission determines appropriate) made by each
eligible Senate candidate and the authorized committees
of such candidate;
``(B) the amounts certified by the Commission under
section 503 as benefits available to each Senate
candidate; and
``(C) the balance in the Senate Election Campaign
Fund, and the balance in any account maintained by the
Fund.
``(2) Printing.--Each report submitted pursuant to this
section shall be printed as a Senate document.
``(b) Rules and Regulations.--The Commission is authorized to
prescribe such rules and regulations, in accordance with the provisions
of subsection (c), to conduct such examinations and investigations, and
to require the keeping and submission of such books, records, and
information, as it deems necessary to carry out the functions and
duties imposed on it by this title.
``(c) Statement to Senate.--Not later than 30 days before
prescribing any rule or regulation under subsection (b), the Commission
shall transmit to the Senate a statement setting forth the proposed
rule or regulation and containing a detailed explanation and
justification of such rule or regulation.''.
(b) Provisions To Facilitate Voluntary Contributions to Senate
Election Campaign Fund.--
(1) General rule.--Part VIII of subchapter A of chapter 61
of the Internal Revenue Code of 1986 (relating to returns and
records) is amended by adding at the end the following:
``Subpart B--Designation of Additional Amounts to Senate Election
Campaign Fund
``Sec. 6097. Designation of additional
amounts.
``SEC. 6097. DESIGNATION OF ADDITIONAL AMOUNTS.
``(a) General Rule.--Every individual (other than a nonresident
alien) who files an income tax return for any taxable year may
designate an additional amount which is not less than $1 and not more
than $5,000 to be paid over to the Senate Election Campaign Fund
established under section 508 of the Federal Election Campaign Act of
1971.
``(b) Manner and Time of Designation.--A designation under
subsection (a) may be made for any taxable year only at the time of
filing the income tax return for the taxable year. Such designation
shall be made on the page bearing the taxpayer's signature.
``(c) Treatment of Additional Amounts.--Any additional amount
designated under subsection (a) for any taxable year shall, for all
purposes of law, be treated as an additional income tax imposed by
chapter 1 for such taxable year.
``(d) Income Tax Return.--For purposes of this section, the term
`income tax return' means the return of the tax imposed by chapter
1.''.
(2) Conforming amendments.--(A) Part VIII of subchapter A
of chapter 61 of such Code is amended by striking the heading
and inserting:
``PART VIII--DESIGNATION OF AMOUNTS TO ELECTION CAMPAIGN FUNDS
``Subpart A. Presidential Election
Campaign Fund.
``Subpart B. Designation of additional
amounts to Senate Election
Campaign Fund.
``Subpart A--Presidential Election Campaign Fund''.
(B) The table of parts for subchapter A of chapter 61 of
such Code is amended by striking the item relating to part VIII
and inserting:
``Part VIII. Designation of amounts to
election campaign funds.''.
(3) Effective date.--The amendments made by this subsection
shall apply to taxable years beginning after December 31, 1995.
(c) Amendment of Communications Act of 1934.--Title III of the
Communications Act of 1934 (47 U.S.C. 301 et seq.) is amended by
inserting after section 315 the following new section:
``free broadcast time for senate candidates
``Sec. 315A. (a)(1) Notwithstanding section 315, a licensee shall
make available 2 hours of free broadcast time to each eligible Senate
candidate (as defined in section 502 of the Federal Election Campaign
Act of 1971) in each State within its broadcast area. The licensee
shall make at least 1 hour of the free broadcast time available during
a prime time access period.
``(2) A licensee shall make free broadcast time available pursuant
to this section during the period beginning on the date that is 90 days
before the date of a general election or special election for the
Senate and ending on the day before the date of the election.
``(3) As used in this subsection, the term `prime time access
period' means the time between 7 p.m. and 10 p.m. of a weekday.
``(b) An appearance by a Senate candidate on a news or public
service program at the invitation of a broadcasting station or other
organization that presents such a program shall not be counted toward
time made available pursuant to subsection (a).
``(c)(1) A licensee shall make available free broadcast time in
accordance with this subsection to any eligible Senate candidate (as
defined in section 502 of the Federal Election Campaign Act of 1971) in
each State within its broadcast area if--
``(A) broadcast time was made available by the licensee and
the payment for such time constituted an independent
expenditure (as defined in section 301(17) of the Federal
Election Campaign Act of 1971 (2 U.S.C. 431(17)); and
``(B) such independent expenditure was in opposition to, or
on behalf of an opponent of, such eligible Senate candidate.
``(2) A person who reserves broadcast time the payment for which
would constitute an independent expenditure within the meaning of
section 301(17) of the Federal Election Campaign Act of 1971 (2 U.S.C.
431(17)) shall--
``(A) inform the licensee that payment for the broadcast
time will constitute an independent expenditure; and
``(B) inform the licensee of the names of all candidates
for the office to which the proposed broadcast relates.
``(3) Free broadcast time under this subsection shall be provided
within a reasonable period of time after the broadcast time
constituting the independent expenditure described in paragraph (1),
and shall be for the same class and amount of time, and during the same
period of the day, as such broadcast time.''.
SEC. 3. SOFT MONEY OF POLITICAL PARTIES.
(a) Limitations on Political Party Committees.--Title III of the
Federal Election Campaign Act of 1971 is amended by inserting at the
end the following new section:
``political party committees
``Sec. 324. (a) Limitations on National Committees.--(1) A national
committee of a political party, including the congressional campaign
committees of a political party, and any entity that is established,
financed, maintained, or controlled by a national committee of a
political party, including the national congressional campaign
committees of a political party, and any officer or agents of such
party committees or entity, shall not solicit or accept contributions
or transfers not subject to the limitations, prohibitions, and
reporting requirements of this Act.
``(2) Any amount solicited, received, expended, or disbursed
directly or indirectly by a national, State, district, or local
committee of a political party during a calendar year which might
affect the outcome of a Federal election shall be subject to the
limitations, prohibitions, and reporting requirements of this Act,
including--
``(A) voter registration;
``(B) get-out-the-vote activity;
``(C) generic campaign activity; and
``(D) any communication that identifies a Federal candidate
(regardless of whether a State or local candidate is also
mentioned or identified).
``(b) State, District, and Local Committees.--(1) Subsection (a)
shall not apply to expenditures or disbursements made by a State,
district, or local committee of a political party for--
``(A) a contribution to a candidate other than for Federal
office, if such contribution is not designated or otherwise
earmarked to pay for activities described in subsection (a)(2);
``(B) the costs of a State, district, or local political
convention;
``(C) the non-Federal share of a State, district, or local
party committee's administrative and overhead expenses
(excluding the compensation in any month of any individual who
spends more than 20 percent of his or her time on activity
during such month which may affect the outcome of a Federal
election), as determined under subsection (c);
``(D) the costs of grassroots campaign materials, including
buttons, bumper stickers, and yard signs, which solely name or
depict a State or local candidate; and
``(E) the cost of any campaign activity conducted solely on
behalf of a clearly identified State or local candidate,
excluding activities described under subsection (a)(2).
``(2) For purposes of paragraph (1)(C), the non-Federal share of a
party committee's administrative and overhead expenses shall be
determined by applying the ratio of the non-Federal disbursements to
the total Federal expenditures and non-Federal disbursements made by
the committee during the previous Presidential election year to the
committee's administrative and overhead expenses in the election year
in question.
``(c) Fundraising Expenditures.--Any amount spent by a national
committee of a political party, including the congressional campaign
committees of a political party, and any entity that is established,
financed, maintained, or controlled by a national committee of a
political party, including the national congressional campaign
committees of a political party, and any officer or agents of such
party committees or entity to raise funds that are used, in whole or in
part, in connection with the activities described in subsection (b)
shall be made from funds subject to the limitations, prohibitions, and
reporting requirements of this Act.''.
(b) Restrictions on Fundraising by Candidates and Officeholders.--
Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C.
441a) is amended by adding at the end the following new subsection:
``(i)(1) The limitations, prohibitions, and reporting requirements
of this Act shall apply to the solicitation for, and receipt of funds
by, a candidate for Federal office, an individual holding Federal
office, or any agent of such candidate or officeholder, in connection
with any Federal election.
``(2) Paragraph (1) shall not apply to the solicitation or receipt
of funds by an individual who is a candidate for a non-Federal office
if such activity is permitted under State law.''.
(c) Reporting Requirements.--
(1) National committees.--Section 304 of the Federal
Election Campaign Act of 1971 (2 U.S.C. 434) is amended by
adding at the end the following new subsection:
``(d) Political Committees.--(1) The national committee of a
political party, any congressional campaign committee of a political
party, and any subordinate committee of either, shall report all
receipts and disbursements during the reporting period, whether or not
in connection with an election for Federal office.
``(2) Any political committee to which paragraph (1) does not apply
shall report any receipts or disbursements that are used in connection
with a Federal election.
``(3) If a political committee has receipts or disbursements to
which this subsection applies from any person aggregating in excess of
$200 for any calendar year, the political committee shall separately
itemize its reporting for such person in the same manner as required in
subsection (b) (3)(A), (5), or (6).
``(4) Reports required to be filed under this subsection shall be
filed for the same time periods required for political committees under
subsection (a).''.
(2) Report of exempt contributions.--Section 301(8) of the
Federal Election Campaign Act of 1971 (2 U.S.C. 431(8)) is
amended by inserting at the end the following:
``(C) The exclusion provided in subparagraph (B)(viii)
shall not apply for purposes of any requirement to report
contributions under this Act, and all such contributions
aggregating in excess of $200 shall be reported.''.
(3) Reports by state committees.--Section 304 of the
Federal Election Campaign Act of 1971 (2 U.S.C. 434), as
amended by paragraph (1), is amended by adding at the end the
following new subsection:
``(e) Filing of State Reports.--In lieu of any report required to
be filed by this Act, the Commission may allow a State committee of a
political party to file with the Commission a report required to be
filed under State law if the Commission determines such reports contain
substantially the same information.''.
(4) Other reporting requirements.--
(A) Authorized committees.--Section 304(b)(4) of
the Federal Election Campaign Act of 1971 (2 U.S.C.
434(b)(4)) is amended--
(i) by striking ``and'' at the end of
subparagraph (H);
(ii) by inserting ``and'' at the end of
subparagraph (I); and
(iii) by adding at the end the following
new subparagraph:
``(J) in the case of an authorized committee,
disbursements for the primary election, the general
election, and any other election in which the candidate
participates;''.
(B) Names and addresses.--Section 304(b)(5)(A) of
the Federal Election Campaign Act of 1971 (2 U.S.C.
434(b)(5)(A)) is amended--
(i) by striking ``within the calendar
year''; and
(ii) by inserting ``, and the election to
which the operating expenditure relates'' after
``operating expenditure''.
SEC. 4. PUBLIC SERVICE ANNOUNCEMENTS.
Beginning on September 1 and continuing through November 1 of each
election year, the Federal Election Commission shall carry out a
program, utilizing public service announcements, to provide basic
information to the public about--
(1) voter registration, including locations and times; and
(2) voting requirements.
SEC. 5. EFFECTIVE DATE.
(a) In General.--Except as otherwise provided in this Act, the
amendments made by, and the provisions of, this Act shall take effect
on the date of enactment of this Act, but shall not apply with respect
to activities in connection with any election occurring before December
31, 1996.
(b) Contributions and Expenditures Before Date of Enactment.--This
Act, and the amendments made by this Act, shall not apply to
contributions and expenditures made before the date of enactment of
this Act.
<all>
S 1528 IS----2
Introduced in Senate
Sponsor introductory remarks on measure. (CR S382-389)
Read twice and referred to the Committee on Rules.
Committee on Rules and Administration. Hearings held. Hearings printed: S.Hrg. 104-542.
Committee on Rules and Administration. Hearings held. Hearings printed: S.Hrg. 104-542.
Committee on Rules and Administration. Hearings held. Hearings printed: S.Hrg. 104-542.
Committee on Rules and Administration. Hearings held. Hearings printed: S.Hrg. 104-542.
Committee on Rules and Administration. Hearings held. Hearings printed: S.Hrg. 104-542.
Committee on Rules and Administration. Hearings held. Hearings printed: S.Hrg. 104-542.
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