Congressional Campaign Spending Limit and Election Reform Act of 1993

TABLE OF CONTENTS: Title I: Control of Congressional Campaign Spending Subtitle A: Senate Election Campaign Spending Limits and Benefits Subtitle B: General Provisions Title II: Independent Expenditures Title III: Expenditures Subtitle A: Personal Loans; Credit Subtitle B: Provisions Relating to Soft Money of Political Parties Subtitle C: Soft Money of Persons Other Than Political Parties Title IV: Contributions Title V: Reporting Requirements Title VI: Federal Election Commission Title VII: Miscellaneous Title VIII: Effective Dates; Authorizations Congressional Campaign Spending Limit and Election Reform Act of 1993 - Title I: Control of Congressional Campaign Spending - Subtitle A: Senate Election Campaign Spending Limits and Benefits - Amends the Federal Election Campaign Act of 1971 (FECA) to make Senate candidates eligible to receive benefits under this title if they meet certain contribution and expenditure limits. Limits Senate primary expenditures for a candidate (or his or her authorized committees) to: (1) 67 percent of the general election expenditure limit; or (2) $2.75 million. Limits runoff expenditures. Sets a threshold contribution amount which triggers application of such primary and runoff limits. Limits the use by a Senate candidate (or authorized committees), during an entire election cycle, of the candidate's personal (or family) funds (including debt) to $25,000. Limits aggregate general election expenditures by an eligible Senate candidate (or authorized committees) to the lesser of: (1) $5.5 million; or (2) the greater of $1.2 million or $400,000 plus 30 cents times the voting age population up to 4 million and 25 cents times the voting age population over 4 million. Exempts from the general election expenditure limit qualified legal and accounting expenditures from a legal and accounting compliance fund meeting certain requirements. Entitles eligible Senate candidates to certain broadcast media rates, mailing rates, and in certain circumstances, payments compensating for independent expenditures and excess expenditures (if any) on behalf of the candidate's opponent. Requires the Federal Election Commission (Commission) to certify an eligible Senate candidate within 48 hours after his or her application to the Secretary of the Senate. Provides for: (1) Commission audit of (Senate) campaign account FECA compliance; (2) candidate repayment of excess payments or expenditures; and (3) civil penalties for such violations. Provides for judicial review of Commission actions and requires Commission reports to the Senate. Denies any payments to any eligible Senate candidate unless all of his or her television commercials permit closed captioning. Establishes in the Treasury the Senate Election Campaign Fund. (Sec. 102) Prohibits Federal election activities by political action committees. Reduces from $500 to $1000 the maximum annual contribution that a person may make to a political action committee. (Sec. 103) Sets forth Senate candidate reporting requirements. (Sec. 104) Requires Senate candidates ineligible for FECA benefits to place on every paid or authorized political commercial or communication the declaration: "This candidate has not agreed to voluntary campaign spending limits." (Sec. 105) Requires Senate candidates to return excess campaign funds to the Fund. (Sec. 106) Restricts campaign fund use by Federal office candidates to legitimate and verifiable campaign expenses and prohibits fund use for inherently personal purposes. Subtitle B: General Provisions - Amends the Communications Act of 1934 to require a broadcast station to make broadcast time available to all House and Senate candidates in the last 30 (currently 45) days before a primary and the last 45 (currently 60) days before a general election, at the lowest unit charge of the station for the same amount of time (currently, the same class and amount of time) for the same period on the same date. Allows Senate candidates to purchase broadcast time at 50 percent of the lowest unit rate for the 60 days before a general election. Prohibits broadcasters from preempting advertisements sold to political candidates at the lowest unit rate, unless the preemption is beyond the broadcaster's control. (Sec. 132) Amends Federal law to permit eligible Senate candidates to mail up to two pieces per eligible voter (voting age population) at the lowest third-class non-profit postage rate, during a general election period only. (Sec. 133) Sets forth reporting requirements for certain independent expenditures. (Sec. 134) Requires a clear statement of responsibility in advertisements with: (1) a clearly readable type and color contrasts for print advertisements; (2) clearly readable type, color contrasts, the candidate's image, and for a duration of at least four seconds, for television advertisements; and (3) a clearly spoken message by the candidate for both television and radio advertisements. (Sec. 136) Amends Federal law to prohibit a Senator who is a candidate for election or reelection to any public office from making a mass mailing under the frank during the calendar year of any primary or general election for such office. Title II: Independent Expenditures - Amends FECA to define "independent expenditure" as an expenditure for an advertisement or other communication that: (1) contains express advocacy; and (2) is made without the participation or cooperation of a candidate or a candidate's representative. Excludes from the meaning of "independent expenditure" any expenditure by: (1) a political committee of a political party; (2) persons who communicate or receive information about activities that have a purpose of influencing a candidate's election; and (3) persons with other specified relationships with a candidate or candidate's agents. Defines "express advocacy" as any communication that when taken as a whole: (1) expresses support for or opposition to a specific candidate, a specific group of candidates, or candidates of a particular political party; or (2) suggests taking action with respect to an election, such as voting for or against, contributing to, or participating in campaign activity. (Sec. 202) Amends the Communications Act of 1934 to require licensees to provide candidates with equal broadcast time. Requires: (1) a person reserving broadcast time that constitutes an independent expenditure to so notify the licensee and inform the licensee of all candidates for which the broadcast relates; and (2) the licensee under specified conditions to notify the appropriate candidates and allow equal time to be purchased. Title III: Expenditures - Subtitle A: Personal Loans; Credit - Amends FECA to prohibit the use of contributions after the date of a general election to repay loans to a candidate (or authorized committee) by the candidate himself or herself or by members of the candidate's family. (Sec. 302) Treats as a contribution any extension of credit of more than $1,000 for more than 60 days to candidates for Federal office (or authorized committees) by vendors of advertising or mass mailing services. Subtitle B: Provisions Relating to Soft Money of Political Parties - Amends FECA to define: "generic campaign activity" as a campaign activity on behalf of a party rather than a candidate; and (2) "State Party Grassroots Fund" as a segregated State fund on behalf of a Federal candidate. (Sec. 312) Permits maximum contributions to a State Party Grassroots Fund of: (1) $20,000 by an individual; and (2) $15,000 from a multicandidate committee. Establishes an overall $60,000 annual limit on individual contributions, including specified limits for: (1) candidates and their political committees; and (2) State committees. Increases presidential candidate expenditure limits. (Sec. 313) Subjects to certain limitations, prohibitions, and reporting requirements any amount ("soft money") solicited, received, or expended directly or indirectly by a national, State, district, or local committee of a political party (including any subordinate committee) with respect to an activity (such as voter registration and get-out-the vote activities, among others) which, in whole or in part, is in connection with an election to Federal office. Permits the national committee of any political party to establish a soft money response fund. Prohibits a national political party committee from soliciting or accepting contributions not subject to FECA limitations, prohibitions, and reporting requirements. (Sec. 314) Places limitations on fund raising by Federal candidates and officeholders and certain political committees for State and local elections. Prohibits Federal candidates or officeholders from soliciting contributions to, or on behalf of, any tax-exempt organization if a significant portion of the organization's activities include voter registration or get-out-the-vote campaigns. (Sec. 315) Requires the national committee of a political party and any congressional campaign committee (and any subordinate committee) to report all receipts and disbursements during the reporting period, regardless of whether or not in connection with a Federal election. Subtitle C: Soft Money of Persons Other than Political Parties - Amends FECA to require persons other than political parties who disburse amounts in excess of $2000 for election activities to file specified reporting statements. Title IV: Contributions - Amends FECA to specify circumstances in which contributions made or arranged to be made directly or indirectly by a person to or on behalf of a particular candidate through an intermediary or conduit shall be treated as contributions from such intermediary or conduit to the candidate (thus subjecting them to the FECA limitations otherwise applicable to that intermediary or conduit). Prohibits specified lobbyist contributions. (Sec. 402) Treats contributions by a dependent not of voting age as having been made by the individual on whom that dependent is a dependent. (Sec. 403) Prohibits a candidate for Federal office from accepting, with respect to any election, any contribution from a State or local political party committee (or subordinate committee) if such contribution, when added to the total of contributions previously accepted from all such committees of that political party, exceeds the relevant contribution limitation. (Sec. 404) Makes it unlawful to solicit or use contributions secured by physical force or other intimidation. (Sec. 405) Prohibits a candidate or authorized committee from accepting cash contributions from any one person aggregating more than $100. (Sec. 406) Limits out-of-State fund raising. Title V: Reporting Requirements - Amends FECA to require all Federal candidates and authorized committees to aggregate information on their financial activity reports on an election cycle basis (instead of a calendar year basis, as at present). (Sec. 502) Requires candidates to report any expenditure in excess of the reporting threshold made to a person who provides services or materials for the candidate, whether the payment was made directly or indirectly under subcontract to another person providing personal or consulting services. (Sec. 503) Requires the Commission to maintain computerized indices of all contributions of at least $50 (currently $200). (Sec. 504) Directs the Commission to prescribe regulations for electronic report filing. Title VI: Federal Election Commission - Amends FECA to prohibit a political committee that is not an authorized committee from using a candidate's name in a way to suggest that the candidate has authorized such committee. (Sec. 602) Authorizes political committees to file monthly reports. (Sec. 603) Provides for filling any vacancy in the office of general counsel and revises the general counsel's rate of pay. (Sec. 605) Authorizes the Commission to conduct random audits of political committees. (Sec. 606) Prohibits contribution solicitation by false representation as a candidate or a representative of a candidate, a political committee, or a political party. (Sec. 607) Directs the Commission to promulgate rules to prohibit devices or arrangements which have the purpose or effect of undermining or evading provisions of FECA restricting the use of non-Federal money to affect Federal elections. (Sec. 608) Provides for the simultaneous restriction of a candidate's statement of candidacy and principal campaign committee organization. (Sec. 609) Establishes in the Treasury a Federal Election Commission Reimbursement Fund. (Sec. 610) States that Commission proceedings shall be the sole means for an insolvent political committee to compromise its debts, liquidate its assets, and terminate its existence. Title VII: Miscellaneous - Amends FECA to prohibit Federal candidates and officeholders from establishing, maintaining, or controlling any political committee (such as a "leadership committee") other than a principal campaign committee of the candidate, authorized committee, party committee, or other political committee designated as an authorized committee. (Sec. 702) Requires that contributions of polling data to Federal candidates be valued at fair market value on the date of the poll's completion, depreciated at a specified rate. (Sec. 703) Denies FECA payments to any general election candidates of a political party for President or Vice President unless both candidates for such office agree in writing to at least three debates for the office of President, and at least one debate for the office of Vice President, sponsored by a nonpartisan or bipartisan organization, with all other candidates for the office eligible for FECA benefits. (Sec. 704) Directs the Commission to study and report to the Congress on the feasibility of developing telephonic voting for persons with disabilities. (Sec. 705) Increases the limitation on presidential primary expenditures from $10 million to $12 million and eliminates aggregate State limitations. Amends the Internal Revenue Code (Code) to require a presidential candidate to receive matching contributions aggregating more than $15,000 from residents of 26 States in order to qualify for Presidential Primary Matching Payment Account (Account) funds. (Current law requires $5,000 from 20 States.) (Sec. 706) Amends FECA to exempt certain tax-exempt organizations from specified corporate expenditure limitations. (Sec. 707) States that a person who aids or abets a FECA violation may be treated as a principal in the violation. (Sec. 708) Amends the Code to require excess payments from the Presidential Election Campaign Fund (Fund) to be redeposited in the Fund. (Sec. 709) Disqualifies a presidential candidate from receiving public assistance from the Account or the Fund for violations of related provisions. (Sec. 710) Prohibits, with exceptions, contributions to presidential candidates who receive Fund assistance. (Sec. 711) Requires any increased revenues resulting from lobbying expense disallowances to be paid into the Treasury to reduce the deficit. (Sec. 712) Expresses the sense of the Senate that the Congress should adopt a joint resolution proposing a Constitutional amendment to empower the Congress and the States to set reasonable campaign expenditure limits. (Sec. 713) Expresses the sense of the Senate that Federal executive and legislative employees shall follow officially prescribed procedures in dealings with the Federal Bureau of Investigation and the Internal Revenue Service. (Sec. 714) Amends FECA to require candidates or persons other than candidates who use advertising referring to an opponent to file an exact copy of the communication with the Commission and the Secretary of State of the candidate's State. (Sec. 715) Amends Federal law to limit the congressional use of the franking privilege with respect to a Member seeking reelection or election to any other Federal office. Title VIII: Effective Dates; Authorizations - Sets forth the general effective date of this Act. Provides for: (1) budget neutrality of this Act; (2) severability and (3) direct, expedited appeal to the U.S. Supreme Court from any court rulings on the constitutionality of any provision of this Act or amendment made by it.