CAMPAIGN COMMUNICATIONS REFORM ACT

[TITLE I-CAMPAIGN COMMUNICATIONS

[SHORT TITLE

[SEC. 101. This title may be cited as the "Campaign Communications Reform Act".

[DEFINITIONS

[SEC. 102. For purposes of this title:

[(1) The term "communications media" means broadcasting stations, newspapers, magazines, outdoor advertising facilities, and telephones; but, with respect to telephones, spending or an expenditure shall be deemed to be spending or an expenditure for the use of communications media only if such spending or expenditure is for the costs of telephones, paid telephonists, and automatic telephone equipment, used by a candidate for Federal elective office to communicate with potential voters (excluding any costs of telephones incurred by a volunteer for use of telephones by him).

[(2) The term "broadcasting station" has the same meaning as such term has under section 315 (f) of the Communications Act of 1934.

[(3) The term "Federal elective office" means the office of President of the United States, or of Senator or Representative in, or Resident Commissioner or Delegate to, the Congress of the United States (and for purposes of section 103 (b) such term includes the office of Vice President).

[(4) The term "legally qualified candidate" means any person who (A) meets the qualifications prescribed by the applicable laws to hold the Federal elective office for which he is a candidate, and (B) is eligible under applicable State law to be voted for by the electorate directly or by means of delegates or electors.

[(5) The term "voting age population" means resident population, eighteen years of age and older.

[(6) The term "State" includes the District of Columbia and the Commonwealth of Puerto Rico.

[MEDIA RATE AND RELATED REQUIREMENTS

[SEC. 103. Note: Subsection (a) amended the Communications Act of 1934, which is not affected by repeal of the Campaign Communications Reform Act.

[(b) To the extent that any person sells space in any newspaper or magazine to a legally qualified candidate for Federal elective office, or nomination thereto, in connection with such candidate's campaign for nomination for, or election to, such office, the charges made for the use of such space in connection with his campaign shall not exceed the charges made for comparable use of such space for other purposes.

[LIMITATIONS OF EXPENDITURES FOR USE OF COMMUNICATIONS MEDIA

[SEC. 104. (a) (1) Subject to paragraph (4), no legally qualified candidate in an election (other than a primary or primary runoff election) for a Federal elective office may

[(A) spend for the use of communications media on behalf of his candidacy in such election a total amount in excess of the greater of

[(i) 10 cents multiplied by the voting age population (as certified under paragraph (5)) of the geographical area in which the election for such office is held, or

[(ii) $50,000, or

[(B) spend for the use of broadcast stations on behalf of his candidacy in such election a total amount in excess of 60 per centum of the account determined under subparagraph (A) with respect to such election.

[(2) No legally qualified candidate in a primary election for nomination to a Federal elective office, other than President, may spend[(A) for the use of communications media, or (B) for the use of broadcast stations,

[on behalf of his candidacy in such election a total amount in excess of the amounts determined under paragraph (1) (A) or (B), respectively, with respect to the general election for such office. For purposes of this subsection a primary runoff election shall be treated as a separate primary election.

[(3) (A) No person who is a candidate for presidential nomination may spend

(i) for the use in a State of communications media, or [(ii) for the use in a State of broadcast stations, [on behalf of his candidacy for presidential nomination a total amount in excess of the amounts which would have been determined under paragraph (1) (A) or (B), respectively, had he been a candidate for election for the office of Senator from such State (or for the office of Delegate or Resident Commissioner in the case of the District of Columbia or the Commonwealth of Puerto Rico).

[(B) For purposes of this paragraph (3), a person is a candidate for presidential nomination if he makes (or any other person makes on his behalf) an expenditure for the use of any communications medium on behalf of his candidacy for any political party's nomination for election to the office of President. He shall be considered to be such a candidate during the period

[(i) beginning on the date on which he (or such other person) first makes such an expenditure (or, if later, January 1 of the year in which the election for the office of President is held), and

[(ii) ending on the date on which such political party nominates a candidate for the office of President.

[For purposes of this title and of section 315 of the Communications Act of 1934, a candidate for presidential nomination shall be considered a legally qualified candidate for public office.

(C) The Comptroller General shall prescribe regulations under which any expenditure by a candidate for presidential nomination for the use in two or more States of a communications medium shall be attributed to such candidate's expenditure limitation in each such

State, based on the number of persons in such State who can reasonably be expected to be reached by such communications medium. [(4)(A) For purposes of subparagraph (B):

[(i) The term "price index" means the average over a calendar year of the Consumer Price Index (all items United States city average) published monthly by the Bureau of Labor Statistics.

[(ii) The term "base period" means the calendar year 1970. [(B) At the beginning of each calendar year (commencing in 1972), as there becomes available necessary data from the Bureau of Labor Statistics of the Department of Labor, the Secretary of Labor shall certify to the Comptroller General and publish in the Federal Register the per centum difference between the price index for the 12 months preceding the beginning of such calendar year and the price index for the base period. Each amount determined under paragraph (1)(A) (i) and (ii) shall be increased by such per centum difference. Each amount so increased shall be the amount in effect for such calendar year.

[(5) Within 60 days after the date of enactment of this Act, and during the first week of January in 1973 and every subsequent year, the Secretary of Commerce shall certify to the Comptroller General and publish in the Federal Register an estimate of the voting age population of each State and congressional district for the last calendar year ending before the date of certification.

[(6) Amounts spent for the use of communications media on behalf of any legally qualified candidate for Federal elective office (or for nomination to such office) shall, for the purposes of this subsection, be deemed to have been spent by such candidate. Amounts spent for the use of communications media by or on behalf of any legally qualified candidate for the office of Vice President of the United States shall, for the purposes of this section, be deemed to have been spent by the candidate for the office of President of the United States with whom he is running.

[(7) For purposes of this section and section 315 (c) of the Communications Act of 1934

[(A) spending and charges for the use of communications media include not only the direct charges of the media but also agents' commissions allowed the agent by the media, and

[(B) any expenditure for the use of any communications medium by or on behalf of the candidacy of a candidate for Federal elective office (or nomination thereto) shall be charged against the expenditure limitation under this subsection applicable to the election in which such medium is used.

[(b) No person may make any charge for the use by or on behalf of any legally qualified candidate for Federal elective office (or for nomination to such office) of any newspaper, magazine, or outdoor advertising facility, unless such candidate (or a person specifically authorized by such candidate in writing to do so) certifies in writing to the person making such charge that the payment of such charge will not violate paragraph (1), (2), or (3) of subsection (a), whichever is applicable.]

NOTE: Subsection (c) amended the Communications Act of 1934, which is not affected by the repeal of this section.

[REGULATIONS

[SEC. 105. The Comptroller General shall prescribe such regulations as may be necessary or appropriate to carry out sections 102, 103(b), 104 (a), and 104 (b) of this Act.

[PENALTIES

[SEC. 106. Whoever willfully and knowingly violates any provision of section 103(b), 104(a), or 104 (b) or any regulation under section 105 shall be punished by a fine of not more than $5,000 or by imprisonment of not more than five years, or both.]

THE FEDERAL ELECTION CAMPAIGN ACT OF 1971

SEC. 301. When used in this title

(a) "election" means (1) a general, special, primary, or runoff election, (2) a convention or caucus of a political party held to nominate a candidate, (3) a primary election held for the selection of delegates to a national nominating convention of a political party, and (4) a primary election held for the expression of a preference for the nomination of persons for election to the office of President[, and (5) the election of delegates to a constitutional convention for proposing amendments to the Constitution of the United States];

(b) "candidate" means an individual who seeks nomination for election, or election, to Federal office, whether or not such individual is elected, and, for purposes of this paragraph, an individual shall be deemed to seek nomination for election, or election, if he has (1) taken the action necessary under the law of a State to qualify himself for nomination for election, or election, to Federal office, or (2) received contributions or made expenditures, or has given his consent for any other person to receive contributions or make expenditures, with a view to bringing about his nomination for election, or election, to such office;

(c) "Federal office" means the office of President or Vice President of the United States; or of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress of the United States;

[(d) "political committee" means any committee, association, or organization which accepts contributions or makes expenditures during a calendar year in an aggregate amount exceeding $1,000;

(d) "political committee" means

(1) any committee, club, association, or other group of persons which receives any contributions or makes expendi tures during a calendar year in an aggregate amount exceeding $1,000;

(2) any national committee, association, or organization of a political party, any State affiliate or subsidiary of a national political party, and any State central committee of a political party; and

(3) any committee, association, or organization engaged in the administration of a separate segregated fund described in section 610 of title 18, United States Code;

(e) "contribution" means

(1) a gift, subscription (including any assessment, fee, or membership dues), loan, advance, or deposit of money or anything of value, made for the purpose of influencing the nomination for election, or election, of any person to Federal office or as a presidential or vice-presidential elector, or for the purpose of influencing the result of a primary held for the selection of delegates to a national nominating convention of a political party or for the expression of a preference for the nomination of persons for election to the office of President, [or for the purpose of influencing the election of delegates to a constitutional convention for proposing amendments to the Constitution of the United States] or for the purpose of financing any operations of a political committee, or for the purpose of paying, at any time, any debt or obligation incurred by a candidate or a political committee in connection with any campaign for nomination for election, or for election, to Federal office;

[(2) a contract, promise, or agreement, whether or not legally enforceable, to make a contribution for any such purpose:

[(3) a transfer of funds between political committees;] [(4)] (2) the payment, by any person other than a candidate or political committee, of compensation for the personal services of another person which are rendered to such candidate or committee without charge for any such purpose; and

[(5)] (3) notwithstanding the foregoing meanings of "contribution", the word shall not be construed to include services provided without compensation by individuals volunteering a portion or all of their time on behalf of a candidate or political committee;

[(f) "expenditure" means

[(1) a purchase, payment, distribution, loan, advance, deposit, or gift of money or anything of value, made for the purpose of influencing the nomination for election, or election, of any person to Federal office, or as a presidential and vicepresidential elector, or for the purpose of influencing the result of a primary held for the selection of delegates to a national nominating convention of a political party or for the expression of a preference for the nomination of persons for election to the office of President, or for the purpose of influencing the election of delegates to a constitutional convention for proposing amendments to the Constitution of the United States;

[(2) a contract, promise. or agreement, whether or not legally enforceable, to make an expenditure, and

S. Rept. 310, 93–1