Campaign Finance Reform: Comparison of Current Law with H.R. 3 and S. 3, As Passed by the House and Senate in the 103d Congress

93-1067GOV Campaign Finance Reform: Comparison of Current Law with H.R. 3 and S. 3, As Passed by the House and Senate in the 103d Congress Joseph E. Cantor Specialist in American National Government Government Division and L. Paige Whitaker Legislative Attorney American Law Division December 29, 1993 CAMPAIGN FINANCE REFORM: COMPARISON OF CURRENT LAW WITH H.R. 3 AND S. 3, AS PASSED BY THE HOUSE AND ~ SENATE IN THE 1 0 3 CONGRESS This report summarizes and compares provisions of current campaign finance law with H.R. 3 and S. 3, the reform bills passed by the House and Senate, respectively, in the first session of the 103d Congress. The bills reflected the positions of the Democratic leadership in each House and were based on a bi1l-S. %passed by both Houses in the 102d Congress and vetoed by President Bush. A House-Senate conference to reconcile the two bills is expected in 1994. The Senate-passed S. 3-the Congressional Campaign Spending Limit and Election Reform Act of 1993--establishes voluntary spending limits for Senate candidates (only) in exchange for a broadcast rate of 50 percent of the lowest unit rate and two mailings at the third-class non-profit rate (in general election), with public funding as a backup mechanism to compensate a candidate opposed by independent expenditures or by a non-complying opponent who exceeds the limit. Additional spending is allowed to compensate for excess spending by an opponent or independent expenditures. The bill calls for a tax on candidates who exceed the limit. The Senate bill, after being introduced on Jan. 21, 1993 in its 102d Congress form, was reported by the Rules and Administration Committee on March 18, 1993 (S. Rept. 103-41). It passed the Senate June 17, 1993, as amended to reflect proposals by the Democratic leadership, President Clinton, and several Republican Senators whose votes enabled passage of S. 3. The House-passed H.R. 3--the House of Representatives Campaign Spending Limit and Election Reform Act of 1993--establishes voluntary spending limits for House candidates in exchange for voter communication vouchers, based on a matching fund system, equal to one-third of the spending limit; additional vouchers are provided to participating candidates opposed by independent expenditures or by a non-complying opponent, or who win closely contested primaries. It establishes a Make Democracy Work Fund to finance vouchers, but makes the bill's provisions contingent on subsequent enactment of revenue legislation. After being introduced on January 4,1993 in the form of the 102d Congress's vetoed bill, H.R. 3 was referred to the House Administration Committee, which reported its amended version on November 10, 1993 (H. Rept. 103-375). It passed the House on November 22, 1993, after which the House passed S. 3, substituting the text of H.R. 3 in lieu thereof, thus setting the stage for a House-Senate conference. Both bills address the issue of restraining political action committees (PACs): the House bill imposing an aggregate limit on PAC receipts (and also large donor contributions) by House candidates and the Senate bill prohibiting PAC contributions to Federal candidates (with a fallback of an aggregate PAC receipts limit and lower PAC contribution limit if the ban is declared unconstitutional). Both bills add restrictions on such perceived loopholes in the current system as independent expenditures, bundling, and soft money. This report summarizes major provisions of the bills; some standard sections, such as repayments, audits, and reports to Congress are omitted. It is organized conceptually and not in the order of either bill or current law. CONTENTS SPENDING LIMITS (Linked with Public Benefits) . . . . . . . . . . . . . . . . . . .1 Limits on Campaign Expenditures . . . . . . . . . . . . . . . . . . . . . . . . . . . .1 . Candidates' Personal Spending Limit . . . . . . . . . . . . . . . . . . . . . . . . . .2 Carryover of Campaign Funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2. Exemptions/Contingencies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2. Penalties for Violation of Spending Limits . . . . . . . . . . . . . . . . . . . . . .4 INCENTIVES AND DISINCENTIVES TOWARD COMPLIANCE WITH SPENDLNGLIMITS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5 Disincentives to Non-Compliance with Limits . . . . . . . . . . . . . . . . . . . .5 Eligibility for Benefits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Benefits for Eligible Candidates in General Election . . . . . . . . . . . . . . .7 Contingent Benefits for Eligible Candidates . . . . . . . . . . . . . . . . . . . . .8 Funding Mechanism for Benefits . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11 SOURCES OF FUNDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13 Political Action Committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 . ToCandidates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 To Political Parties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 LeadershipPACs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14 Individuals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 ToCandidates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15 To Political Parties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16 Executiue Personnel of Common Employer . . . . . . . . . . . . . . . . . . 16 Aggregate Contribution Limit . . . . . . . . . . . . . . . . . . . . . . . . . . . .16 Political Parties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 ToCandidates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17 . Lobbyists . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Candidates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18 Corporations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Penalties for Excess Contributions . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 INDEPENDENT EXPENDITURES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20 Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20 Reporting Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22 Disclaimer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 ResponseTime . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 . Non-Profit Corporations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 (Matching Funds tobifting Limits on Targets of IndependentAds) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 BUNDLING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24 SOFTMONEY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .27 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .27 Limitations/Allocations/Prohibitions . . . . . . . . . . . . . . . . . . . . . . . . . .29 Disclosure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .33 . Tax-exempt Fundraising . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 . Non-Party Soft Money . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 . CAMPAIGNADVERTISING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .36 . Broadcast Rates/Rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 Disclaimers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .37. References to Opponents in Mailings . . . . . . . . . . . . . . . . . . . . . . . . . .38 Equal Broadcast Time . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Closed-Captioning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .39 . PRESIDENTIAL ELECTION CAMPAIGNS . . . . . . . . . . . . . . . . . . . . . . . .40 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .42 FEC ENFORCEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 MISCELLANEOUS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 EFFECTIVEDATE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .56 . SEVERABILITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 DISCLOSURE REQUIREMENTS H.R. 3 Current Law ' S.3' SPENDING LIMITS ( L i e d with Public Benefits) Limits o n Campaign Expenditures House No corresponding existing law Senate Full 2-year cycle Voluntary limits of $600,000 Voluntary limits for full 6-year cycle, based on State population: Special election $600,000 General election $400,000, plus 30 cents x VAF' (voting age population) up to 4 million, plus 25 cents x VAF' over 4 million; minimum - $1.2 million; maximum - $5.5 million Closely contested primaries Extra $200,000 may be spent in general election by candidate who won primary by 20% or less Primary election 67% of general election limit; maximum - $2.75 million Runoff Extra $200,000 [Sec. 121-"60lV] Runoff 20% of general election limit [Sec. 101-"501-502"l Unless otherwise specified provisions apply to both House and Senate candidates. Section numbers refer to sections of each bill, except those in quotations, which refer to the Federal Election Campaign Act and are provided to offer further specificity in the longeat section of each bill. Current Law H.R. 3 ' S. 3 ' SPENDING LIMITS (Linkedwith Public Benefits)--Continued Fundraising and accounting compliance costs House: Up to 10% of basic cycle limit is exempted (up to 10% of salaries and overhead costs may apply to exemption) Fundraising costs Taxes House: Federal, State and local income and payroll taxes exempt from limits [Sec. 121-"60l"l Taxes Senate: Federal, State and local income taxes exempt from limits [Sec. 101-"5021 No corresponding provision States with no more than 1 VHF TV station Senate: General election limit of $400,000, plus 80 cents x VAP up to 4 million, plus 70 cents x VAP over 4 million [Sec. 101-"502"l Senate: No provision corresponding Penalties for Violation of Spending Limits House: Civil penalties for exceeding spending limit: excess 2.5% or less: amount of excess; excess bet. 2.5-576: 3 x Senate: Civil penalties for exceeding spending limit: excess 2.5% or less: amount of excess; excess bet. 2.5-5%: 3 x Current Law S. 3 ' H.R. 3 SPENDING LIMITS (Linked with Public Benefits)-Continued excess amount; and excess 5% or more: 3 x excess amount, plus civil penalty by FEC ISec.121"601"l excess amount; and excess 5% or more: 3 x excess amount, plus additional amount determined by FEC, plus amount equal to benefits if willful violation [Sec. 101-"5051 INCENTIVES AND DISINCENTlVES TOWARD COMPLIANCE WITH SPENDING LIMITS Disincentives t o Non-Compliance with Limits No corresponding provision Taz on Non-Participants Senate Repeals exempt function income exclusion on principal campaign committees whose candidates exceed spending limits [Sec. 101-"5101 No corresponding provision Disclaimer Senate Required on ads of nonparticipants stating that he or she does not abide by spending limits [Sec. 1041 Current Law H.R. 3 ' S. 3 ' INCENTlVES AND DISINCENTIVES TOWARD COMPLIANCE WITH SPENDING LIMITS-Continued Reports Required House: Candidates who raise or spend more than 25% of cycle limit or who exceed limit on personal spendingmust file report with Clerk of House, to be transmitted to FEC, which must notify other candidates within 48 hrs. [Sec. 121-"60l"l Reports Required senate: Candidates who exceed limits must file periodic reports with Sec. of Senate, triggered by specified thresholds; FEC to notify opponents [Sec. 1031 ELi&bility for Benefits Fundraising threshold House: 10% of cycle limit ($60,000, indexed), counting first $200 in contributions from individuals Fundraising threshold Senate: 5% of general election limit, counting only first $250 from in-State individuals raised during last two years of election cycle Intention to Abide by Limits House: File statement with declaration of candidacy or within 7 days of qualifying for general election ballot declaring irrevocably' that candidate will Intention to Abide by Limits Senate: I n P r i m a r y : File declaration with Secretary of Senate by filing date for primary that candidate will abide by limits In General: File statement with declaration of candidacy or within Current Law H.R. 3 ' S. 3 ' INCENTIVES AND DISINCENTIVES TOWARD COMPLIANCE WITH SPENDING LIMITS-Continued abide by limits [Sec. 1221121"6041 7 days of qualifying for general At least one opponent on general election ballot [Sec. 121-"6041 At least one opponent on general election ballot Closed captioning House: No payments to candidates who do not use closed captioning in TV ads [Sec. 121-"605"l election b a l l o t declaring irrevocably that candidate will abide by general election limits and did abide by primary limits Closed captioning No p a y m e n t s t o candidates who do not use closed captioning in TV ads [Sec. 101"50l"l Senate: Benefits for Eligible Candidates in General Election Voter Communication Vouchers House: Based on matching first $200 i n d o n a t i o n s from individuals, up to $200,000, after fundraising threshold is raised No corresponding provision Current Law H.R. 3 ' S. 3 ' INCENTnTES AND DISINCENTWJ3S TOWARD COMPLIANCE WITH SPENDING LIMITS-Continued communication vouchers-up to the $200,000 maximum--even after spending limits have been removed (because nonparticipating opponent has raised or spent more than 25%of limit) [Sec. 121-"601"l equal to 113 general election limit once opponent exceeds limit, an additional subsidy equal to 113 general election limit once opponent exceeds limit by 113, and a final subsidy equal to 113 general election limit once opponent exceeds limit by 213. Non-major party eligible candidate may receive least of: amount raised by eligible candidate in excess of threshold requirement, 50% of general election limit, or amount of opponent's excess spending [Sec. 101-"503"l Closely contested primaries No corresponding provision House: Participants who won a primary by 20% or less may receive up to $66,600 in additional matching vouchers in Current Law H.R. 3 ' S. 3 ' INCENTIVES AND DISINCENTIVES TOWARD COMPLIANCE WITH SPENDING LIMI'ELContinued general election period [Sec. 121"604"l Independent expenditures Independent expenditures House: Eligible candidate may senate Eligible candidate may receive payment in general election equal to amount of independent expenditures made for an opponent or against him or her, once aggregating in excess of $10,000 by a single source [Sec. 101-"503] receive payment equal to amount of independent expenditures made for an opponent or against him or her, once aggregating in excess of $10,000 [Sec. 121-"6041 H.R. 3 ' Current Law S. 3 ' INCENTIVES AND DISINCENTIVES TOWARD COMPLIANCE WITII SPENDING LIMITS-Continued Funding Mechanism for Benefits House Senate Vouchers funded through a Make Democracy Work Fund [Sec. Benefits funded through a Senate Election CampaignFund; requires the transfer to the Fund of: (1) revenues realized by repealing the exempt income exclusion for c a m p a i g n c o m m i t t e e s of candidates who exceed voluntary limits and (2) revenues realized by repealing tax deductions for lobbyingexpenses [Sec. 101-"51OU] 1001] Public service announcements Authorizes FEC to broadcast public announcements describing the Make Democracy Work Fund, from January 15 through April 15 of each year [Sec. 7021 None of the provisions of bill to be effective until enactment of subsequent revenue legislation effectuating the Make Democracv Work ~ u n d l ~ e11051 c. None of the provisions of bill to be effective until estimated costs are offset by subsequent legislation effectuating this Act No corresponding provision Effectuating legislation will not increase taxes or budget deficit or reduce spending for government programs [Sec. 8021 Current Law H.R. 3 ' S. 3 ' INCENTIVES AND DISINCENTIVES TOWARD COMPLIANCE WITH SPENDING LIMITS-Continued Excess campaign funds may be: used for ordinary and necessary expenses related to office, contributed to certain non-profit organizations, or used for other lawful purposes, including transfers to national, State, or local political party committees (2 U.S.C. S439a) No corresponding provision Any revenues realized by repealing tax deduction for lobbying expenses to be applied to deficit reduction and obligations under this Act [Sec. 7111 Excess vouchers to be returned to Treasury within 60 days of general election, except for a reasonable amount which may be retained for 120 days for liquidation of obligations [Sec. 121-"604"l Excess campaign funds t o be transferred to Senate Election Campaign Fund, if not use for lawful purposes within one year of the general election in that cycle [Sec. 1051 Current Law H.R. 3 ' S. 3 ' SOURCES OF FUNDS Political Action Committees To Candidates No multicandidate political committee (PAC) shall make contributions to any federal office candidate, (including his or her authorized political committee), aggregating more than $5,000 per election (2 U.S.C. 1441a(a)(2)(A) No corresponding provision PAC Contributions Prohibits contributions and expenditures in Federal elections, except by individuals and parties IF PAC BAN IS DECLARED UNCONSTITUTIONAL: $1,000 per candidate, per election [Sec. 1021 No corresponding existing law Aggregate PAC receipts limit Home: $200,000 (33 113% of spending limit), plus an extra $100,000 if runoff and $66,600 if close primary winner (indexed for inflation); PAC receipts limit removed on participating House candidatewhosenon-participating opponent exceeds $50,000 limit on personal spending [Sec. 2011 Aggregate PAC receipts limit IF PAC BAN IS DECLARED UNCONSTITUTIONAL: Lesser of: 20% of spending limit, or $825,000 (indexed for inflation [Sec. 1021 Current Law H.R. 3 ' S. 3 ' SOURCES OF FUNDSContinued To Political Parties No multicandidate political committee (PAC) shall make contributions to a national party committee aggregating more than $15,000 per calendar year (2 U.S.C. 5 441a(a)(2)(B)) To National parties $25,000 [Sec. 4071 No corresponding provision No multicandidate political committee (PAC) shall make contributions to any other committee (besides candidate and national party committees) aggregating more than $5,000 per calendar year (2 U.S.C. 5 441a(a)(2)(C)) To State parties $15,000 to a State Party Grassroots Fund; $5,000 to any other State party committee; $15,000 total to Grassroots Fund and other committees [Sec. 4021 To State parties $15,000 to a State Party Grassroots Fund; $5,000 to any other State party committee; $15,000 total to Grassroots Fund and other committees [Sec. 3121 Leadership PACs No corresponding existing law No corresponding provision Federal candidates or officeholders may not establish, maintain, or control a political committee after 12 months following effective date of Act, other than principal campaign committee, party committee, or Current Law H.R. 3 ' S. 3 ' SOURCES OF FUNDS-Continued joint fundraising committee [Sec. 7011 Individuals To Candidates No corresponding existing law Large donor limit House: Candidates may accept no more than $200,000 from individuals, in aggregate amounts of more than $200; plus an extra $100,000 if runoff and $66,600 if close primary winner (indexed for inflation); large donor limit removed on participating House candidate if non-participating opponent exceeds $50,000limit on peraonal spending [Sec. 2011 No corresponding provision No corresponding existing law No corresponding provision Out-of-State Donations No out-of-state donations can be accepted by House or Senate candidates more than 2 years before general election [Sec. 4061 H.R. 3 ' Current Law SOURCES OF FUNDSLContinued To PoZiticaZ Parties No p e r s o n s h a l l m a k e contributions to any other committee (besides candidate and national party committees) aggregating more than $5,000 per calendar year (2 U.S.C. 5 441a(a)(l) To State parties To State parties $20,000 to a State Party Grassroots Fund; $25,000 to any other State party committee; $40,000 total to Grassroots Fund and other State party committees [Sec. 402/409] $20,000 to a State Party Grassroots Fund; $5,000 to any other State party committee; $20,000 total to Grassroots Fund and other State party committees [Sec. 3121 Executive Personnel of Common Employer No corresponding existing law No corresponding provision Limits contributions by executive or administrative personnel of a common employer to an aggregate of $5,000 to any candidate and $20,000 to any party committee; prohibits any such contributions if made at the direction of the employer [Sec. 1021 Aggregate Contribution Limit No individual shall make contributions aggregating more Changes aggregate limit to election cycle basis and raises it to $60,000; no more than $25,000 Changes aggregate limit to election cycle basis and raises it to $60,000; no more than $25,000 Current Law H.R. 3 ' S. 3 ' SOURCES OF FUNDS-Continued than $25,000 per calendar year (2 U.S.C. 1 441a(a)(3) to candidates per year; no more than $40,000 to State party committees per year; no more than $20,000 to National party committees per year [Sec. 4021 to candidates per year; no more than $20,000 to State party committees per year; no more than $20,000 to National party committees per year [Sec. 3121 Political Parties To Candidates No corresponding existing law Counts all State and local party contributions to a Federal candidate against that party's limit [Sec. 5041 Counts all State and local party contributions to a Federal candidate against that party's limit [Sec. 4031 Lobbyists No corresponding existing law No corresponding provision Prohibits lobbyists or political committees under their control from contributing to or raising money for a candidate for 1 yr. after lobbying contact with that Federal officeholder or staff or, if a Presidential candidate, executive b r a n c h official; Prohibits contributors from lobbying Federal officeholder (or Current Law H.R. 3 ' S. 3 ' SOURCES OF FUNDS- continued staff or executive branch official) to whom they contributed for 1 yr. after contribution [Sec. 4011 Candidates No person (including political committees) shall make contributions to national partycommittees aggregating more than $20,000 per year (2 U.S.C. 5 Contributions to Congressional Campaign Committees House and Senate candidates' authorized committees may contrit~uteup to $10,000 -per "year to national party congressional campaign committees [Sec. 4061 No corresponding provision No corresponding existing law No corresponding provision Post-election contributions Prohibits post-election contributions from being used to repay loans from candidate or family [Sec. 3011 Sec. 121 imposes contribution limits only on candidates who participate in voluntary system Sec. 101 imposes contribution limits only on candidates who participate in voluntary system A Current Law H.R. 3 ' S. 3 ' SOURCES OF FUNDS-Continued Corporations Corporations are prohibited from contributions or expenditures in connection with Federal elections 2 U.S.C. (i 441b) Merchandising and Affinity Cards Permits political committees (except separate segregated funds) to receive corporate commissions or royalties from the sale of goods or services or the issuance of credit cards [Sec. 4081 No corresponding provision Penalties for Excess Contributions House Civil penalties on candidate committees for receiving contributions in excess of aggregate limits: excess less than 2.5%): refund excess amount; excess bet. 2.5-576: 3 x excess amount; and excess over 5%: 3 x excess amount, plus civil penalty by FEC [Sec. 2011 No corresponding provision Current Law H.R. 3 ' S. 3 ' INDEPENDENT EXPENDITURES Definition An expenditure by a person expressly advocating the election or defeat of a clearly identified candidate, which is made without cooperation or consultation with any candidate or any candidate's authorized committee or agent and is not made in concert with or at the request or suggestion of any candidate or any candidates' authorized committee or agent; "clearly identified" means that, (1)the involved candidate's name appears; (2) a photograph or drawing of the candidate appears; or (3) the identity of the candidate is apparent by unambiguous reference (2 U.S.C. § 431(17),(18)) Defines independent expenditure t o mean a communication containing "express advocacy," (i.e., taken as a whole, it suggests taking action t o support or oppose a candidate or group of candidates), if not coordinated with a candidate or candidate's agent Defines independent expenditure to mean a communication containing "express advocacy," (i.e., taken as a whole, it suggests taking action to support or oppose a candidate or group of candidates), if not coordinated with a candidate or candidate's agent Prohibits independent expenditures: (1) by candidates' or political party committees; (2) by anyone who contributed to a candidate during election cycle (if expenditure supports candidate or opposes opponent); (3) by persons required to register as lobbyists; (4) where there has been any communication about election between candidate or agents and spender during election cycle; or Prohibits independent expenditures: (1)by political party committees; (2) where there has been any communication about election between candidate and spender or agents during election cycle; (3) where there has been any coordination with candidate or agent; (4) where, during election cycle, spender has been authorized to raise funds or has worked in a Current Law H.R. 3 ' S. 3 ' INDEPENDENT EXPENDITURES-Continued (5) where, during election cycle, spender has been authorized to raise funds or has worked in a policymaking capacity for a candidate. [Sec. 3011 policymaking capacity for a candidate; (5) where, during election cycle, spender has advised candidate or agents on election; (6) where spender has used same consultant as candidate during election cycle; or (7) where spender has consulted with an official of or consultant to political party which is involved in campaign. [Sec. 2011 Current Law H.R. 3 ' S. 3 ' INDEPENDENT EXPENDITURES-Continued Reporting Requirements Any independent expenditure aggregating $1,000 or more made after the 20th day, but more than 24 hours before any election, must he reported within 24 hours to the Clerk, the Secretary, or the Commission and the Secretary of State indicating whether it was made in support of or in opposition to the candidate involved (2 U.S.C. (j 434(c)(2)) To Clerk of House or Secretary of Senate, with copy to be sent to FEC, and Secretary of State: Notification within 48 hours of independent expenditures each time they aggregate at least $5,000, until 20th day before election; Notification by 20th day before election of intent to make independent expenditures of a t least $5,000 in last 20 days; To Secretary of Senate, with copy to be sent to FEC, and Secretary of State: Notification within 48 hours of independent expenditures each time they aggregate at least $10,000, until 20th day before election; Notification by 20th day before election of intent to make independent expenditures of at least $5,000 in last 20 days; No corresponding existing law FEC to notify all candidates in that election within 48 hours [Sec. 3021 FEC to notify all candidates in that election within 48 hours [Sec. 1331 Disclaimer Must clearly state the name of person paying for ad and that it was not authorized by a candidate (2 U.S.C. 9 441d(a)) Requires enhanced disclaimer on independent ads, to include spoken statement of who is responsible and, if on TV, a clearly printed message as well Requires enhanced disclaimer on independent ads, to include spoken statement of who is responsible and, if on TV, a clearly printed message as well H.R. 3 Current Law ' S. 3 ' INDEPENDENT EXPENDITlJRE~Contiinued (with reasonable contrast, for at least 4 sec.) [See. 9021 (with reasonable contrast, for at least 4 see.) [See. 1341 Response Time No corresponding existing law House: If expenditure is made against participating candidate or for opponent, broadcaster must notify affected candidate, provide a script of ad, and offer equal opportunity to respond at lowest non-preemptible rate [Sec. 3031 Independent spender must notify broadcaster and provide copy of required disclosure, listing affected candidates; broadcaster must notify all candidates and allow them to buy time immediately after independent ad [Sec. 2021 Non-Profit Corporations Prohibits contributions and expenditures by national banks, corporations and labor unions in connection with any Federal election (2 U.S.C. §441b(a)) No corresponding provision Permits qualified nonprofit corporations (as defined) to make independent expenditures [Sec. 7061 H.R. 3 Current Law ' S. 3 ' INDEPENDENT EXPENDITURES-Continued (Matching Funds tobifting Limits on Targets of Independent Ads) All contributions made by a person on behalf of a particular candidate, includingcontributions which are earmarked or directed through an intermediary, must be treated as contributions from such person to such candidate. The intermediary must report the original source and the intended Under Sec. 121, participating House candidates may spend in excess of spending limit and receive extra matching vouchers in general election, to compensate for independent ads against them or for opponent, once in excess of $10,000 from all sources Under Sec. 101, participating candidates may spend in excess of spending limits (in primary or general) and may receive subsidy in general, to compensate for independent ads against them or for opponent, once in excess of $10,000 by a single spender Contributions through intermediary or conduit to be counted against intermediary's contribution limit, if intermediary is a: (1) PAC with a connected organization; (2) party committee; (3) union, corporation, trade association, or national bank; Contributions through intermediary or conduit to be counted against intermediary's contribution limit, if intermediary is a: (1) PAC; (2) party committee; (3) union, corporation, trade association, or national bank; Bundling refers to the practice of an intermediary or conduit collecting and transmitting contributions to a candidate, generally in amounts beyond which the intermediary could permissibly contribute directly to that candidate. Current Law recipient of such contribution to the Commission and to the intended recipient (2 U.S.C. B 441a(8)) H.R. 3 ' S. 3 ' (4) p a r t n e r s h i p o r sole proprietorship; (5) someone required to register as lobbyist; or (6) agents or employees of above groups acting on behalf of groups. (4) partnership or sole proprietorship; (5) someone required to register as lobbyist; or (6) agents or employees of above groups acting on behalf of groups. Allows following to serve as intermediary or conduit: (1) House candidate or representative, if transmitting donation t o candidate's committee; (2) professional fundraiser (for fee); (3)volunteer hosting house party; or (4) individual transmitting spouse's donation. Allows following to serve as intermediary or conduit: (1) candidate's representative, if in a significant position in campaign; Above restriction does not apply to joint fundraising activities by 2 or more candidates, or fundraising for a candidate conducted by another candidate [Sec. 5011 Above restriction does not apply to joint fundraising activities by 2 or more candidates, party committees, or combination, or sole effort by other candidate (2) professional fundraiser (for fee); (3)volunteer hosting house party; or (4) or individual transmitting spouse's donation. Current Law H.R. 3 ' S.3' BUNDLING--Continued No corresponding provision Requires intermediary or conduit to report original source and intended recipient to FEC and to recipient [Sec. 4011 SOFT MONEY3 Definitions Activities subject to FECA Get-out-the-vote drives i n Presidential election year; other get-out-the-vote drives not solely for State candidates and which don't identify and are targeted at supporters of Federal candidates; generic activities; any activities which in part promote or identify Activities subject to FECA Get-out-the-vote drives i n Presidential election year; other get-out-the-vote drives not solely for State candidates and which don't identify and are targeted at supporters of Federal candidates; generic activities; any activities which in part promote or identify As used here, "soft money" means money raised and spent under the various State laws, while "hard monq." means money raised and spent under Federal law. Soft money generally refers to money which is raised and spent outside the purview of the Federal Election Campaign Act (FECA), which might be illegal if contributed or spent to influence a Federal election, but which may have a t least a n indirect impact on a Federal election. - - Current Law H.R. 3 ' SOFT MONEY-Continued Federal candidates; v o t e r registration drives; development and maintenance of voter files in even-numbered year; any activity which significantly affects Federal elections Federal candidates; voter registration drives; development and maintenance of voter files in even-numbered year; any activity which significantly affects Federal elections Activities not subject to FECA Costs of party buildings or to operate radio or TV facility; contributions to non-Federal candidates; money for State or local conventions; activities exclusively on behalf or which only identify non-Federal candidates; state or local party administrative expenses; research for solely state or local candidates and issues; development and maintenance of voter files except for 1 yr. before Federal election; any activities solely aimed a t influencing and which only affect non-Federal elections [Sec. 4031 Activities not subject to FECA Costs of party buildings or to operate radio or TV facility; contributions to non-Federal candidates; money for State or local conventions; activities exclusively on behalf or which only identify non-Federal candidates; state or local party administrative expenses; research for solely state or local candidates and issues; development and maintenance of voter files except for 1 yr. before Federal election; any activities solely aimed a t influencing and which only affect non-Federal elections [Sec. 3131 Current Law H.R. 3 ' S. 3 ' SOFT MONEY-Continued According to FEC regulations, expenses that jointly benefit both F e d e r a l a n d non-Federal candidates and elections (such as Generic campaign activity To promote a political party rather than any particular candidate [Sec. 4011 Generic campaign activity To promote a political party rather than any particular candidate [Sec. 3111 State Party Grassroots Fund New separate segregated fund established and maintained by state political party committee for making expenditures in connection with Federal elections (for: generic campaign activity, preparing and mailing sample ballots, campaign materials for volunteers, voter registration and get-out-the-votefor President and Vice President, voter registration, and maintaining voter files) [Sec. 40114031 State Party Grassroots Fund New separate segregated fund established and maintained by state political party committee for making expenditures in connection with Federal elections (for: generic campaign activity, preparing and mailing sample ballots, campaign materials for volunteers, voter registration and get-out-the-vote for President and Vice President, voter registration, and maintaining voter files) [Sec. 3111 Prohibits use of soft money for any party activity that is subject to FECA and significantly affects a Federal election [Sec. 4031 Prohibits use of soft money for any party activity that is subject to FECA and significantly affects a Federal election [Sec. 3131 Current Law H.R. 3 ' SOFT MONE-Continued get-out-the-vote and voter registration) must be allocated. Allocation methods include: (1) Fixed or Minimum Percentage: a fixed or minimum percentage of a disbursement must be allocated as a Federal expenditure (used by national party committees) (11 C.F.R. 8 106.5(b)(2),(~)(2);(2) Funds Expended Ratio: costs allocated according to the ratio of funds spent on behalf of Federal candidates to t h e total disbursements made by the committee for a11 Federal and non-Federal accounts (used by House and Senate campaign committees) (11 C.F.R. $ 106.5(c)(l) and $ 106.6(c)(l); (3) Funds Received Ratio: costs allocated according to ratio of funds received for Federal elections compared to total Federal and non-Federal receipts (11C.F.R. $ 106.5(0 and 106.6(d); (4) Ballot Composition Ratio: costs allocated according to ratio S. 3 ' Current Law H.R. 3 ' S. 3 ' SOFT MONEY-Continued of Federal offices to total Federal and non-Federal offices expected on the ballot in the next general election (used by State and local party committees (11 C.F.R. 9 106.5(d)(l));(5) Time or Space of Communication Ratio: costs allocated according t o the proportion of a communication's time or space devoted to Federal candidates compared to time or space of entire communication (11 C.F.R. 9 106.l(a) and 106.5(e)) The terms "contribution" and "expenditure" do not include payment by a State or local political committee for grassroots volunteer campaign materials on behalf of nominees of such party (2 U.S.C. 9 431(8)(B)(x), (S)(B)(viii) nor do they include the payment by such committee for voterregistration and get-out-thevote activities on behalf of nominees of such party for Retains current law's exemption for contributions and expenditures by State or local party committees for voter registration and get-out-the-vote drives on behalf of Presidential ticket, but only if they are connected w i t h volunteer activities and volunteers perform the work [Sec. 4011 Retains current law's exemption for contributions and expenditures by state or local party committees for voter registration and get-out-the-vote drives on behalf of Presidential ticket, but only if they are connected w i t h volunteer activities and volunteers perform the work [Sec. 3111 Current Law H.R.3 ' S. 3 ' SOFT MONEY-Continued President and Vice President (2 U.S.C. $ 431(8)(B)(xii),(9)(B)(ix)) No corresponding existing law Prohibits n a t i o n a l p a r t y committee from soliciting or accepting soft money, except for certain defined uses in State and local elections [Sec. 4031 Prohibits national party from committee from soliciting or accepting soft money, except for certain defined uses in State or local elections [Sec. 3131 No corresponding existing law Prohibits State and local party committee from using soft money for State or local candidate getout-the-vote activity or for a ballot measure, UNLESS during a non-Presidential election year AND the money is used only for State or local candidates or ballot measures AND the money is not used to identify Federal candidate voters [Sec. 4031 Prohibits State and local party committee from using soft money for State or local candidate getout-the-vote activity or for a ballot measure, UNLESS during a non-Presidential election year AND the money is used only for State or local candidates or ballot measures AND the money is not used to identify Federal candidate voters [Sec. 3131 Prohibits Federal candidates or officeholders from raising soft money on behalf of any candidate, in connection with a Federal election [Sec. 4051 Prohibits Federal candidates officeholders from raising soft money on behalf of any candidate, in connection with a Federal election [Sec. 3141 No corresponding existing law Current Law H.R. 3 ' S. 3 ' SOFT MONEY--Continued Disclosure National party committees must disclose all donations, and certain information regarding the donor, aggregating more than $200 per calendar year, made to its nonFederal account (11 C.F.R. 3 104.8(e)(D) National party committees must disclose certain information about each person t o whom a disbursement is made aggregating more than $200 per calendar year from the committee's building fund account and must report any transfer from their non-Federal account to the non-Federal account of a State or local party c o m m i t t e e (11 C . F . R . 8 104.9(d)(e)) National and congressional party committees must disclose all financial activity, regardless of whether in connection with Federal election; other political committees maintaining nonFederal accounts must disclose all financial activity including separate schedules for State Party Grassroots Funds [Sec. 4041 National and congressional party committees must disclose all financial activity, regardless of whether in connection with Federal election; other political committees must disclose all financial activity including separate schedules regarding State Grassroots Funds [Sec. 3151 Tax-exempt Fundraising No corresponding existing law No corresponding provision Prohibits Federal candidates or officeholders from raising any Current Law H.R. 3 ' S. 3 ' SOFT MONEY-Continued Non-Party Soft Money No corresponding existing law No corresponding provision Response Funds Enables national political parties to respond (or make transfers to candidates or Grassroots Funds so they can respond) to expenditures by independent or membership groups against party or its candidates, once in excess of $10,000, by allowing parties to spend an equal amount from new "response funds" without regard to limits Allows individuals to contribute up to $7500 a year to party Response Funds [Sec. 3131 Requires independent and member organizations (including unions) to notify the FEC of political expenditures in excess of $2,000, within 48 hnurs befnre disbursement; in the last 14 days of an election, 7 days' notice would be required [Sec. 3211 Current Law H.R. 3 ' S. 3 ' CAMPAIGN ADVERTISING Broadcast RateslRules No corresponding existing law Prohibits broadcasters from preempting ads sold to political candidates a t lowest unit rate, unless beyond broadcaster's control Prohibits broadcasters from preempting ads sold to political candidates at lowest unit rate, unless beyond broadcaster's control During the 45 days before a primary and 60 days before a general election, broadcasting stations must make time available, for the lowest unit charge, to any legally qualified candidate (47 U.S.C. 5 315(b)) Requires lowest unit rate to be available to candidates in last 30 days before primary and last 45 days before general election [Sec. 9011 Requires lowest unit rate to be available to candidates in last 30 days before primary and last 45 dais before &neraielection [Sec. 1311 Lowest unit charge of a station is for the same class and amount of time for the same period (47 U.S.C. §315(b)(l) Lowest unit charge of a station is for the same amount of time for the same period [Sec. 9011 Lowest unit charge of a station is for the same amount of time for the same period on the same date [Sec. 1311 Current Law H.R. 3 ' S. 3 ' CAMPAIGN ADVERTISING-Continued Disclaimers Whenever any person makes an expenditure expressly advocating election or defeat of a clearly identified candidate or solicits any contribution through advertising, such communication: (1)if paid for by a candidate, must clearly state so, or (2) if paid for by other persons, but authorized by a candidate, must clearly state so, or (3) if not authorized by a candidate, must clearly state the name of the person who paid for the communication and that it was not authorized by any candidate (2 U.S.C. J 441d(a)) Requires clear statement of responsibility in ads, with: clearly readable type and color contrasts (print); clearly readable type, color contrasts, candidate image, and for at least 4 sec. (TV); and candidate's spoken message (radio and TV) [Sec. 9011 Requires clear statement of responsibility in ads, with: clearly readable type and color contrasts (print); clearly readable type, color contrasts, candidate image, and for at least 4 sec. (TV); and candidate's spoken message (radio and TV) [Sec. 1341 No corresponding existing law Sec. 901 also requires additional disclaimers for independent ads (See INDEPENDENT EXPENDITURES above) Sec. 134 also requires additional disclaimers for independent ads (See INDEPENDENT EXPENDITURES above) No corresponding provision Sec. 104 requires nonparticipatingsenate candidates to state on ads that they do not Current Law H.R. 3 ' S. 3 ' CAMPAIGN ADVERTISING-Continued abide by spending limits {see INCENTIVES-Disincentives to Non-Compliance) References to Opponents in Mailings No corresponding existing law No corresponding provision Candidates and groups that s u p p o r t clearly identified candidates and refer to opponents in mailings must file copies of mailings with FEC and Secretary of State by noon of day the communication is first mailed [Sec. 7141 Current Law H.R. 3 ' S. 3 ' CAMPAIGN ADVERTISING-Continued Equal Broadcast Time No corresponding existing law No corresponding provision Does not relieve broadcasters from obligation under Communications Act of 1934 to operate in public interest and afford reasonable opportunity for discussion of conflicting views on public issues If broadcasters provide usage to a candidate, all other candidates for that office must be afforded equal opportunities [Sec. 2021 Closed-Captioning No corresponding existing law Sec. 121 requires participating House candidates to provide closed captioning for TV ads {See INCENTIVES-Eligibility} Sec. 101 requires participating Senate candidates to provide closed captioning for TV ads {See INCENTIVES-Eligibility} R.R. 3 Current Law ' S. 3 PRESIDENTIAL ELECTION CAMPAIGNS Establishes the Presidential Election Campaign Fund and the Presidential Primary Matching Payment Account (26 U.S.C. 6 9001, 9031) Transfers Presidential Election Campaign Fund and Presidential Primary Matching Payment Account to new Title W I of FECA [Sec. 9041 No corresponding provision Fundraising costs are exempt from definition of expenditure, except such costs beyond 20% of limit i n publicly funded Presidential campaigns (2 U.S.C. 6431(9)(B)(vi)) No corresponding provision Fundraising costs R e p e a l s f u n d r a i s i n g cost exemption from expenditure definition, including 20% exemption from Presidential election spending limit [Sec. 7051 Establishes spending limit in Presidential primaries for candidates takingmatching funds: $10 million nationwide, and greater of 16 cents x VAP or $200,000 per State (indexed for inflation, with 1974 base year) (2 U.S.C. 6441a(b)(l)(A)) No corresponding provision Primary Spending Limits Increases base limit nationwide to $12 million; repeals State limits [Sec. 7051 Establishes fundraising threshold for eligibility to receive matching funds: contributions totaling at least $5,000 in each of at least 20 States (26 U.S.C. 69033(b)(3)) No corresponding provision Fundraising Threshold in Primaries Raises minimum contributions to $15,000 in each of at least 26 States [Sec. 7051 Current Law H.R. 3 ' S. 3 ' PRESIDENTIAL ELECTION CAMPAIGNS-Continued Repayments of excess payments from Presidential Election Campaign Fund to be deposited in general fund of Treasury (26 U.S.C. $9007(d)) No corresponding provision Repayments of excess payments Returned to Presidential Election Campaign Fund [Sec. 7081 No corresponding existing law No corresponding provision Disqualification from receiving public h n d s Anyone convicted of violating any public funding provisions [Sec. 7091 Major party candidates receiving public funds in general elections may not accept additional contributions (26 U.S.C. $9003) No corresponding provision Contributions to publicly funded candidates Prohibited [Sec.710] No corresponding existing law No corresponding provision Candidate Debates Requires Presidential and Vice Presidential candidates to debate in general election as condition for public funds [Sec. 7031 Limits Presidential candidates who receive public funding in the g e n e r a l election t o t o t a l expenditures of $20 million (plus No corresponding provision Transfers by Party to Grassroots Funds Allows additional spending by Presidential campaigns: the lesser Current Law PRESIDENTIAL ELECTION CAMPAIGNS--Continued of 2 cents x VAP or the amounts transferred to national committees for distribution to State Party Grassroots Funds inflation adjustment, 1974 base) (2 U.S.C. $441a(b)(l)(B)) No corresponding existing law No corresponding provision Adds amounts transferred to national committees for distribution to State Party Grassroots Funds to definition of "qualified campaign expense" [Sec. 3121 DISCLOSURE REQUIREMENTS Reporting requirements for authorized committees of Federal office candidates are generally based on a calendar year reporting period (2 U.S.C. I 434@)(2)-(7)) Reports by election cycle Requires candidates to aggregate financial activity on election cycle basis [Sec. 6011 Reports by election cycle Requires candidates to aggregate financial activity on election cycle basis [Sec. 5011 No corresponding existing law Personal and consulting services Requires reports of expenditures by campaign consultants to subcontractors (secondarypayees) [Sec. 6021 Personal and consulting services Requires reports of expenditures by campaign consultants to subcontractors (secondarypayees) [See. 5021 H.R. 3 Current Law ' S. 3 ' DISCLOSURE REQUIREMENTS-Continued No corresponding existing law Defines election cycle from day after last general election to date of next general election for that office [Sec. 1221 Defines election cycle from day after last general election to date of next general election for that office [Sec. 1351 Requires identification of individuals by mailing address (2 U.S.C. Ej 431(13)(A)) Require ID of individuals by permanent residence address [Sec. 6051 Require ID of individuals by permanent residence address [Sec. 1351 Candidate committees must file quarterly and pre-and postgeneral reports in election years and semi-annual reports in nonelection years (2 U.S.C. Ej 434(a)(2)) No corresponding provision Allows candidate committees to file monthly reports in all years [Sec. 6021 Reports must identify each person, other than political committees, who made a contribution aggregating more than $200 per calendar year (2 U.S.C. Ej 434(b)(3)(A)) Reporting threshold Requires candidates to itemize all contributions in excess of $100 [Sec. 6031 No corresponding provision No corresponding existing law Compu.terized indices Requires FEC to maintain c o m p u t e r i z e d i n d i c e s of contributions over $200 [Sec. 6041 Compu.tenred indices Requires FEC to maintain c o m p u t e r i z e d i n d i c e s of contributions over $200 [Sec. 5031 H.R. 3 Current Law ' S. 3 ' DISCLOSURE REQUIREMENTS-Continued No corresponding existing law No corresponding provision Authorizes FEC to promulgate regulations requiring persons makingaggregate contributions in excess of $100,000 during the current calendar year to file in electronic form accessible by computer [Sec. 5041 No corresponding existing law Incorporated political committees Requires reporting of state of incorporation and names and addresses of officers, including the treasurer [Sec. 6061 Zncorpomted political committees Requires reporting of state of incorporation, names a n d addresses of officers, and statement of purpose [Sec. 5051 R e q u i r e s r e p o r t i n g of e x p e n d i t u r e s by political committees, to be aggregated within each two year cycle and divided only into filing periods (2U.S.C. $5 434(b)(4)) Requires candidate committees to report disbursements for the primary, general, and any other election in which the candidate participates [Sec. 4041 Requires candidate committees to report disbursements for the primary, general, and any other election in which the candidate participates [Sec. 3151 H.R. 3 Current Law ' S. 3 ' DISCLOSURE REQUIREMEN%Continued Authorized candidate committees must disclose the name and address of each person receiving a n expenditure over $200 in a calendar year (2 U.S.C. 5 434(b)(5)(A)) Requires disclosure of the name and address of each person receiving a n expenditure over $200 and the election to which each operating expense relates [Sec. 4041 Requires disclosure of the name and address of each person receiving an expenditure over $200 and the election to which each operating expense relates [Sec. 3151 No corresponding existing law Reporting waiuer Permits FEC to relieve political committees from filing reports under certain circumstances [Sec. 6081 No corresponding provision FEC ENFORCEMENT The FEC may, upon a n affirmative vote of 4, conduct an audit and field investigation of any committee not meeting threshold requirements for compliance with the FECA (2 U.S.C. § 438(b)) No corresponding provision Allows random audits and investigations to ensure voluntary compliance; subjects shall be chosen based on criteria approved by at least 4 members of FEC [Sec. 6051 If the FEC believes that a violation has been committed, a No corresponding provision Changes range of civil penalties for: 5~* m w m 0 -mm Y) m 0 m 0 c c u U a c O 'Z O a7 @ * 'X 0l r .-so Se 2z d a O 0 - g g o* 3 sv.-"g;- 'C) a- m FIm 3 ; & 0 g C a:: .- 5 32 a m 0.5 r 0 CAT 0 a& m r .-g r 3 0 & m a W X . e z * m 5 3 ~ u 0 >o 'X C O O C * 0, g - O.Sg . . ,, , 0 aw;' .-$ .Z" = r n d m :g m 8 a E bZ.S* .- $%.t: O a a M a * n m c C 3 . G >" a m u 5 S a m c > 0 qb 'YO 2s Current Law H.R. 3 ' S. 3 FEC ENFORCEMENT-Continued expenditure involved in such violation (2 U.S.C. $ 437g(a)(6)(A)). In any civil action, the court may grant a n injunction, restraining order, or other order, including civil penalty not in excess of the greater of $5,000 or an amount equal to any contribution or expenditure involved in the violation (2 U.S.C. $ 437g(a)(6)(B) has committed or is about to commit a violation [Sec. 6041 In any civil action, if the court determines that the FEC has established a knowing and willful violation, the court may impose a civil penalty not in excess of the greater of $10,000 or an amount equal to 200 percent of any contribution or expenditure (2 U.S.C. $ 437g(a)(6)(C)) court-ruled knowing and willing uiolations from 200% of all contributions and expenditures involved up to the greater of $20,000 or 250% of contributions and expenditures involved [Sec. 6041 Current Law H.R. 3 ' S. 3 ' FEC ENFORCEMENT-Continued No corresponding existing law No corresponding provision Authorizes FEC to promulgate regulations prohibiting devices or arrangements with purpose of evading or undermining restriction of use of non-Federal money to affect federal elections [Sec. 6071 Allows 10 days after designation for candidate's principal campaign committee to register [2 U.S.C. 5 433(a)1 Registration Requires simultaneous registration of candidate and candidate's principal campaign committee [Sec. 6091 Registration Requires simultaneous registration of candidate and candidate's principal campaign committee [Sec. 6081 No corresponding existing law Insolvent political committees Limits means by which an insolvent political committee may compromise debts, liquidate assets, and terminate existence, to provisions of the FECA, to the exclusion of provisions of Title 11 [Sec. 7051 Insoluent political committees Limits means by which an insolvent political committee may compromise debts, liquidate assets, and terminate existence, to provisions in the FECA, to the exclusion of provisions of Title 11 U.S.C. [Sec. 6101 Current Law H.R. 3 ' S. 3 FEC ENFORCEMENT-Continued No corresponding existing law Injunction Provides FEC with the authority to seek an injunction, under certain circumstances [Sec. 7031 No corresponding provision No corresponding existing law Expedited procedures Provides FEC with the authority t o expedite proceedings if complaint was filed within 60 days of a general election and certain conditions are met [Sec. 7041 No corresponding provision No corresponding existing law Amici Curiae Authorizes FEC to appear in any court on its own behalf to exercise its statutory duties or powers, including the power to appeal from and petition the Supreme Court [Sec. 7011 No corresponding provision Current Law H.R. 3 ' S. 3 ' MISCELLANEOUS No corresponding existing law Contributions by Dependents Not of Voting Age Counts contributions toward limit of parent (allocated between both parents, if relevant) [Sec. 5021 Contributions by Dependents Not of Voting Age Counts contributions toward limit of parent (allocated between both parents, if relevant) [Sec. 4021 No corresponding existing law Use of Candidates' Names Requires authorized committee to include candidate's name in its title; prohibits non-authorized committees from including candidate's name in its title or to use name to suggest authorization [Sec. 6071 Use of Candidates' Names Requires authorized committee to include candidate's name in its title; prohibits non-authorized committees (other than parties) from including candidate's name in its title or to use name to suggest authorization [Sec. 6011 No corresponding existing law Fraudulent Solicitation of Contributions Prohibits solicitation of funds by false representation as a candidate, committee, political party, or agent thereof [Sec. 5051 F r a u d u l e n t Solicitation of Contributions Prohibits solicitation of funds by false representation as a candidate, committee, political party, or agent thereof [Sec. 6061 Current Law H.R. 3 ' S. 3 ' No corresponding existing law Election-related Activity by Foreign Nationals Expands prohibition on contributions by foreign nationals to cover participating, controlling or influencing decisionmaking regarding contributions or expenditures in any election; requires connected PACs to state in solicitations that foreign nationals may not contribute [Sec. 5081 No corresponding provision No corresponding existing law No corresponding provision Constitutional Amendment Sense of Senate that Congress should consider a n amendment to allow campaign spending limits in Federal, State and local elections [Sec. 7121 No corresponding existing law Ballot Initiative Committees Requires r e g i s t r a t i o n a n d reporting as political committees by groups involved in campaigns for State initiatives and referenda which involve Federal issues [Secs. 801-8081 No corresponding provision - Current Law H.R. 3 ' No corresponding existing law Advances by Campaign Workers Exempts advances of less than $500 made to campaign by volunteers and employees, . if reimbursed within 10 days [Sec. 5061 No corresponding provision No corresponding existing law Labor and Co~porate Expenditures for Candidate Appearances, Debates, or Voter Guides Not counted as contributions, unless expressly advocating election or defeat of a candidate and under specific circumstances to ensure impartiality [Sec. 5071 No corresponding provision Current Law H.R. 3 ' S. 3 ' MISCELLANEOUS-Continued No corresponding existing law No corresponding provision No corresponding existing law No corresponding provision No corresponding existing law No corresponding provision Extension of Credit Considers as a contribution an extension of credit (for more than 60 days) to House and Senate candidates of more than $1,000 for advertising and mass mail [Sec. 3021 Polling Data Con.tnbuted to Federal Candidates To be valued at fair market value on date completed, and depreciated at no more than 1% a day [Sec. 7021 Federal Election Commission Reimbursement Fund Established, t o be credited with amount t h a t FEC incurs providing the public with records and amount of costs awarded in litigation; makes funds available without FY limitation to FEC to cover its costs for providing public with records and costs for - - Current Law H.R. 3 ' S. 3 ' providing free public information brochures [Sec. 6091 ~ o u s o :Member (or Member-elect) may send franked mail to current district and prospective district (39 U.S.C. $ 3210(d)) No corresponding provision Fmnked mass mailings Prohibited by House and Senate Members in any year in which an election is held for that seat, from Jan. 1 to date of election, unless Member has announced intent not to seek election to that or any Federal office [Sec. 136/715] No corresponding existing law Telephone Voting by Persons with Disabilities Requires FEC t o develop feasibility study [Sec. 9031 Telephone Voting by Persons with Disabilities Requires FEC t o develop feasibility study [Sec. 7041 No corresponding existing law No corresponding provision Personal Use of Campaign Funds Prohibits candidates' inherently personal use (as defined) of campaign funds [Sec. 1061 Prohibits franked mailings within 60 days of primary or general election (39 U.S.C. 3210(a)(6)(C)) Senate: Current Law H.R. 3 ' S. 3 ' Prohibits separate segregated funds from making contributions or expenditures by using money secured by using physical force, job discrimination, financial reprisals, or the threat thereof (2 U.S.C. $441b(b)(3)) No corresponding provision Funds secured by force or intimidation Prohibits anyone from making or causing another person to make a contribution or expenditure secured by using physical force, job discrimination, financial reprisal, or threats thereof [Sec. 4041 No p e r s o n s h a l l m a k e contributions in cash to a Federal candidate which exceeds $100 in the aggregate (2 U.S.C. 6441g) Cash contributions Prohib.its candidates from accepting (as well as individuals from making) cash contributions which aggregate more than $100 [Sec. 5031 Cash contributions Prohibits candidates from accepting (as well as individuals from making) cash contributions which aggregate more than $100 [Sec. 4051 No corresponding existing law No corresponding provision Aiding and abetting violations of FECA To be treated as a principal in violation [Sec. 7071 Current Law H.R. 3 ' S. 3 ' No corresponding existing law No corresponding provision Government employee dealings with FBI and IRS Sense of Senate that appropriate officially prescribed procedures shall be followed [Sec. 7131 No corresponding existing law Expedited Review Provides for expedited appeal to Supreme Court of any court ruling on constitutionality of any provision of Act [Sec. 11031 Expedited Review Provides for expedited appeal to Supreme Court of any court ruling on constitutionality of any provision of Act [Sec. 8041 No corresponding existing law FEC Regulations FEC Regulations Requires FEC to promulgate regulations t o carry o u t provisions of this Act within 9 ma. of effective date [Sec. 8051 Requires FEC to promulgate regulations t o carry o u t provisions of this Act within 12 mo. of effective date [Sec. 11041 EFFECTnTE DATE Upon enactment, but not applicable t o activity in connection with elections before Jan. 1, 1995 [Sec. 11011 In general Upon enactment [Sec. 8011 Current Law H.R. 3 ' S. 3 ' EFFECTIVE DATE--Continued Spending limitslbenefits pmuisions To apply to elections after D e c e m b e r 3 1 , 1994; n o expenditure before Jan. 1, 1994 counts toward spending limit (unless for services delivered after that date); receipts on hand on Jan. 1, 1994 count toward contribution limits (except amounts paid in following 60 days for expenditures incurred prior to that date) [Sec. 1011 PAC pmuisions After Dec. 31, 1994 (except: contributions received before enactment, and those received after enactment to extent t h a t donations received by opponent prior to enactment exceed those received by candidate [Sec. 1021 Current Law H.R. 3 ' S. 3 ' Spending limits and benefits1 PAC and large donor receipts provisiom If Secs. 121, 201, and 1001related to voluntary spending limits and benefits and receipts from PACs and large donors in House clcctionsare held invalid, all provisions of those sections are invalid Spending limitslbenefits provisions If key parts of Sec. 101 related to voluntary spending limits and henefits in Senate elections nrc held invalid, all provisions of this Act are invalid [Sec. 1011 I n general If any parts of Act other than those specified above are held invalid, other provisions of Act are unaffected [Sec. 11021 I n general If any parts of Act other than those specified in Sec. 101 are held invalid, other provisions of Act are unaffected [Sec. 8031 crsphpgw