the office of Senator (or for election to the office of Delegate, in the case of the District of Columbia) might expend within the State in connection with his campaign for election to the office of Senator (or Delegate).

(c) (1) Expenditures made on behalf of any candidate shall, for the purpose of this section, be deemed to have been made by such candidate.

(2) Expenditures made by or on behalf of any candidate for the office of Vice President of the United States shall, for the purpose of this section, be deemed to have been made by the candidate for the office of President of the United States with whom he is running. (3) For purposes of this subsection, an expenditure shall be held and considered to have been made on behalf of a candidate if it was made by

(A) an agent of the candidate for the purposes of making any campaign expenditure, or

(B) any person authorized or requested by the candidate to make expenditures on his behalf.

(d) (1) For the purposes of paragraph (2):

(A) 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. (B) The term "base period" means the calendar year 1970. (2) At the beginning of each calendar year (commencing in 1974), as there become available necessary data from the Bureau of Labor Statistics of the Department of Labor, the Secretary of Labor shall certify to the Federal Election Commission and publish in the Federal Register the per centum difference between the price index for the twelve months preceding the beginning of such calendar year and the price index for the base period. Each amount determined under subsection (a) shall be increased by such per centum difference. Each amount so increased shall be the amount in effect for such calendar year.

(e) During the first week of January, 1974, and every subsequent year, the Secretary of Commerce shall certify to the Federal Election Commission and publish in the Federal Register an estimate of the voting age population of each State and congressional district as of the first day of July next preceding the date of certification.

(f) No person shall make any charge for services or products knowingly furnished to, or for the benefit of, any candidate in connection with his campaign for nomination for election, or election, in an amount in excess of $100 unless the candidate (or a person specifically authorized by the candidate in writing to do so) certifies in writing to the person making the charge that the payment of that charge will not exceed the expenditure limitations set forth in this section.

(g) The Federal Election Commission shall prescribe regulations under which any expenditure by a candidate for Presidential nomination for use in two or more States 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 expenditure.

(h) Any person who knowingly or willfully violates the provisions of this section, other than subsections (c), (d), and (e), shall be punish

able by a fine of $25,000, imprisonment for a period of not more than five years, or both. If any candidate is convicted of violating the provisions of this section because of any expenditure made on his behalf (as determined under subsection (c) (3)) by a political committee, the treasurer of that committee, or any other person authorizing such expenditure, shall be punishable by a fine of not to exceed $25,000, imprisonment for not to exceed five years, or both, if such person knew, or had reason to know, that such expenditure was in excess of the limitation applicable to such candidate under this section.

§ 615. Limitations on contributions by individuals and on expenditures by certain other persons

(a) No individual shall make any contribution during any calendar year to or for the benefit of any candidate which is in excess of the lesser of

(1)(A) in the case of contributions to or for the benefit of a candidate other than a candidate for nomination for election, or for election, to the office of President, the amount which, when added to the total amount of all other contributions made by that individual during that calendar year to or for the benefit of a particular candidate, would equal $5,000; or

(B) in the case of contributions to or for the benefit of a candidate for nomination for election, or for election, to the office of President, the amount which, when added to the total amount of all other contributions made by that individual during that calendar year to or for the benefit of that candidate, would equal $15,000; or

(2) the amount which, when added to the total amount of all contributions made by that individual and the members of his family to or for the benefit of all candidates and all political committees during that calendar year, would equal $100,000. (b) (1) No person (other than an individual) shall make any expenditure during any calendar year for or on behalf of a particular candidate which is in excess of the amount which, when added to the total amount of all other expenditures made by that person for or on behalf of that candidate during that calendar year, would equal

(A) $5,000, in the case of a candidate other than a candidate for nomination for election, or for election, to the office of President: or

(B) $15,000, in the case of a candidate for nomination for election, or for election, to the office of President.

(2) This subsection shall not apply to the central campaign committee or the State campaign committee of a candidate; to the national committee of a political party, or any political committee which is controlled by that national committee; the State committee of a political party, or any political committee which is controlled by that State committee; or to the Democratic or Republican Campaign Committees of the Senate or House of Representatives.

(c) The limitations imposed by subsection (a) (1) and by subsection (b) shall apply separately to each primary, primary runoff, general, and special election in which a candidate participates.

(d) (1) Any contribution made in connection with a campaign in a year other than the calendar year in which the election to which that campaign relates is held shall, for purposes of this section, be taken

into consideration and counted toward the limitations imposed by this section for the calendar year in which that election is held.

(2) Contributions made to or for the benefit of a candidate nominated by a political party for election to the office of Vice President shall be held and considered, for purposes of this section, to have been made to or for the benefit of the candidate nominated by that party for election to the office of President.

(e) For purposes of this section the term

(1) "family" means an individual and his spouse and any of his children who have not attained the age of eighteen years; and

(2) "political party" means a political party which in the next preceding presidential election, nominated candidates for election to the offices of President and Vice President, and the electors of which party received in such election, in any or all of the States, an aggregate number of votes equal in number to at least 10 per centum of the total number of votes cast throughout the United States for all electors for candidates for President and Vice President in such election.

(f) Violation of the provisions of this section is punishable by a fine of not to exceed $25,000, imprisonment for not to exceed five years, or both.

§616. Form of contributions

It shall be unlawful for any person to make a contribution to or for the benefit of any candidate or political committee in excess, in the aggregate during any calendar year, of $100 unless such contribution is made by a written instrument identifying the person making the contribution. Violation of the provisions of this section is punishable by a fine of not to exceed $1,000, imprisonment for not to exceed one year, or both.

ADDITIONAL VIEWS OF MR. SCOTT

The most important feature of S. 372, as reported by the Committee on Rules and Administration, is the proposed creation of an independent Federal Election Commission to monitor and enforce the campaign spending law. First contained in S. 1094, which I introduced earlier this Session, this provision will go a long way toward fully restoring public confidence in the election process.

The Federal Election Commission will be composed of seven fulltime members, appointed by the President, subject to confirmation by the Senate, for staggered terms of seven years. The President would submit three names of his own choosing, no more than two of whom are members of the same political party. The remaining four members would be submitted by the President on the recommendation of Congressional leaders. No more than two of these nominees would be of the same political party. The unique composition of the Commission insures that it will be independent, bipartisan and indirectly responsible to the legislative and executive branches.

The importance of the Commission will rest on its power to enforce the law, through the levy of fines up to an appearance in Federal court. There will be no more division among the three supervisory officers, the Secretary of the Senate, the Clerk of the House, and the Comptroller General of the General Accounting Office insofar as the filing of reports is concerned. There will be no more division between these officers and the Department of Justice insofar as the enforcement of the law is concerned.

The bill is drafted quite carefully to insure that the Commission will enforce the campaign spending law and only that law. The Department of Justice will continue, and rightly so, to enforce other election-related laws, such as vote fraud. It is clear, though, that the Commission will be the primary civil and criminal authority with respect to campaign spending law violations.

The Committee on Rules and Administration devoted a great deal of time to this idea, and the Senate should support its recommenda tions. This proposal to create a Federal Election Commission will do more to clean up elections than any proposal offered heretofore. It deserves the support of the Senate and the House of Representatives. If passed by the Congress, I will urge the President to approve it.

(45)

HUGH SCOTT.

INDIVIDUAL VIEWS OF MR. COOK

One of the major problems in recent national elections has been the proliferation of Committees to raise and expend funds on behalf of the Presidential and Vice-Presidential nominees of the respective political parties. The establishment of such an infinite number of Campaign Committees has made the enforcement of our existing campaign laws virtually impossible.

It was for this reason that I offered in the Commerce Committee an amendment to S. 372, the Federal Election Campaign Act of 1973, which provided that all expenditures of more than $100 made on behalf of a candidate for President or Vice President must be approved by the National Committee of the candidate's respective political party. The amendment was unanimously approved by the Commerce Committee and was included as section 314 of S. 372. S. 372 was then referred to the Rules Committee for further consideration at which time this crucial provision was deleted. I must take issue with the removal of section 314.

The effect of the deleted amendment would have been that regardless of how many political committees were set up to influence the election of a nominee for President or Vice President, the party's National Committee would have had to approve all expenditures in excess of $100 regardless of which campaign committee was seeking to make the expenditure. In essence, the final responsibility for how the campaign funds were to be spent would have rested with the one National Committee rather than the many obscure campaign committees that are now created to receive and expend funds.

It is my opinion that if the campaign spending restrictions and reporting requirements are ever to be truly effective there must be one, and only one, committee which is ultimately responsible for campaign expenditures. Hopefully such a requirement would preclude the recurrence of such activities as those which evolved last year with regard to the Committee to Re-elect the President.

(46)

MARLOW W. COOK.