limitations on contributions and expenditures

limitations on contributions and expenditures Sec. 101. (a) Section 608 of title 18, United States Code, relating to limitations on contributions and expenditures, is amended by striking out subsections (b) and (c) and inserting in lieu thereof the following: “(b) (1) Except as otherwise provided by paragraphs (2) and (3), no person shall make contributions to any candidate with respect to any election for Federal office which, in the aggregate, exceed $1,000. “(2) No political committee (other than a principal campaign committee) shall make contributions to any candidate with respect to any election for Federal office which, in the aggregate, exceed $5,000. Contributions by the national committee of a political party serving as the principal campaign committee of a candidate for the office of President of the United States shall not exceed the limitation imposed by the preceding sentence with respect to any other candidate for Federal office. For purposes of this paragraph, the term ‘political committee’ means an organization registered as a political committee under section 303 of the Federal Election Campaign Act of 1971 for a period of not less than 6 months which has received contributions from more than 50 persons and, except for any State political party organization, has made contributions to 5 or more candidates for Federal office. “(3) No individual shall make contributions aggregating more than $25,000 in any calendar year. For purposes of this paragraph, any contribution made in a year other than the calendar year in which the election is held with respect to which such contribution was made, is considered to be made during the calendar year in which such election is held. “(4) For purposes of this subsection— “(A) contributions to a named candidate made to any political committee authorized by such candidate, in writing, to accept contributions on his behalf shall be considered to be contributions made to such candidate; and “(B) contributions made to or for the benefit of any candidate nominated by a political party for election to the office of Vice President of the United States shall be considered to be contributions made to or for the benefit of the candidate of such party for election to the office of President of the United States. “(5) The limitations imposed by paragraphs (1) and (2) of this subsection shall apply separately with respect to each election, except that all elections held in any calendar year for the office of President of the United States (except a general election for such office) shall be considered to be one election. 88 Stat. 1264 “(6) For purposes of the limitations imposed by this section, all contributions made by a person, either directly or indirectly, on behalf of a particular candidate, including contributions which are in any way earmarked or otherwise directed through an intermediary or conduit to such candidate, shall be treated as contributions from such person to such candidate. The intermediary or conduit shall report the original source and the intended recipient of such contribution to the Commission and to the intended recipient. “(c) (1) No candidate shall make expenditures in excess of— “(A) $10,000,000, in the case of a candidate for nomination for election to the office of President of the United States, except that the aggregate of expenditures under this subparagraph in any one State shall not exceed twice the expenditure limitation applicable in such State to a candidate for nomination for election to the office of Senator, Delegate, or Resident Commissioner, as the case may be; “(B) $20,000,000, in the case of a candidate for election to the office of President of the United States; “(C) in the case of any campaign for nomination for election by a candidate for the office of Senator or by a candidate for the office of Representative from a State which is entitled to only one Representative, the greater of— “(i) 8 cents multiplied by the voting age population of the State (as certified under subsection (g)); or “(ii) $100,000; “(D) in the case of any campaign for election by a candidate for the office of Senator or by a candidate for the office of Representative from a State which is entitled to only one Representative, the greater of— “(i) 12 cents multiplied by the voting age population of the State (as certified under subsection (g)); or “(ii) $150,000; “(E) $70,000, in the case of any campaign for nomination for election, or for election, by a candidate for the office of Representative in any other State, Delegate from the District of Columbia, or Resident Commissioner; or “(F) $15,000, in the case of any campaign for nomination for election, or for election, by a candidate for the office of Delegate from Guam or the Virgin Islands. “(2) For purposes of this subsection— “(A) expenditures made by or on behalf of any candidate nominated by a political party for election to the office of Vice President of the United States shall be considered to be expenditures made by or on behalf of the candidate of such party for election to the office of President of the United States; and “(B) an expenditure is made on behalf of a candidate, including a Vice Presidential candidate, if it is made by— “(i) an authorized committee or any other agent of the candidate for the purposes of making any expenditure; or “(ii) any person authorized or requested by the candidate, an authorized committee of the candidate, or an agent of the candidate, to make the expenditure, “(3) The limitations imposed by subparagraphs (C), (D), (E), and (F) of paragraph (1) of this subsection shall apply separately with respect to each election. “(4) The Commission shall prescribe rules under which any expenditure by a candidate for Presidential nomination for use in 2 or more88 Stat. 1265 States shall be attributed to such candidate’s expenditure limitation in each such State, based on the voting age population in such State which can reasonably be expected to be influenced by such expenditure. “(d) (1) At the beginning of each calendar year (commencing in 1976), 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 Commission 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 limitation established by subsection (c) and subsection (f) shall be increased by such per centum difference. Each amount so increased shall be the amount in effect for such calendar year. “(2) For purposes of paragraph (1) — “(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; and “(B) the term ‘base period’ means the calendar year 1974. “(e) (1) No person may make any expenditure (other than an expenditure made by or on behalf of a candidate within the meaning of subsection (c) (2) (B)) relative to a clearly identified candidate during a calendar year which, when added to all other expenditures made by such person during the year advocating the election or defeat of such candidate, exceeds $1,000. “(2) For purposes of paragraph (1) — “(A) ‘clearly identified’ means— “(i) the candidate’s name appears; “(ii) a photograph or drawing of the candidate appears; or “(iii) the identity of the candidate is apparent by unambiguous reference; and “(B) ‘expenditure’ does not include any payment made or incurred by a corporation or a labor organization which, under the provisions of the last paragraph of section 610, would not constitute an expenditure by such corporation or labor organization. “(f) (1) Notwithstanding any other provision of law with respect to limitations on expenditures or limitations on contributions, the national committee of a political party and a State committee of a political party, including any subordinate committee of a State committee, may make expenditures in connection with the general election campaign of candidates for Federal office, subject to the limitations contained in paragraphs (2) and (3) of this subsection. “(2) The national committee of a political party may not make any expenditure in connection with the general election campaign of any candidate for President of the United States who is affiliated with such party which exceeds an amount equal to 2 cents multiplied by the voting age population of the United States (as certified under subsection (g)). Any expenditure under this paragraph shall be in addition to any expenditure by a national committee of a political party serving as the principal campaign committee of a candidate for the office of President of the United States. “(3) The national committee of a political party, or a State committee of a political party, including any subordinate committee of a State committee, may not make any expenditure in connection with the general election campaign of a candidate for Federal office in a State who is affiliated with such party which exceeds— 88 Stat. 1266 “(A) in the case of a candidate for election to the office of Senator, or of Representative from a State which is entitled to only one Representative, the greater of— “(i) 2 cents multiplied by the voting age population of the State (as certified under subsection (g)); or “(ii) $20,000; and “(B) in the case of a candidate for election to the office of Representative, Delegate, or Resident Commissioner in any other State, $10,000. “(g) During the first week of January 1975, and every subsequent year, the Secretary of Commerce shall certify to the Commission and publish in the Federal Register an estimate of the voting age population of the United States, of each State, and of each congressional district as of the first day of July next preceding the date of certification. The term ‘voting age population’ means resident population, 18 years of age or older. “(h) No candidate or political committee shall knowingly accept any contribution or make any expenditure in violation of the provisions of this section. No officer or employee of a political committee shall knowingly accept a contribution made for the benefit or use of a candidate, or knowingly make any expenditure on behalf of a candidate, in violation of any limitation imposed on contributions and expenditures under this section. “(i) Any person who violates any provision of this section shall be fined not more than $25,000 or imprisoned not more than one year, or both.”. (b) (1) Section 608(a)(1) of title 18, United States Code, relating to limitations on contributions and expenditures, is amended to read as follows: “(a) (1) No candidate may make expenditures from his personal funds, or the personal funds of his immediate family, in connection with his campaigns during any calendar year for nomination for election, or for election, to Federal office in excess of, in the aggregate— “(A) $50,000, in the case of a candidate for the office of President or Vice President of the United States; “(B) $35,000, in the case of a candidate for the office of Senator or for the office of Representative from a State which is entitled to only one Representative; or “(C) $25,000, in the case of a candidate for the office of Representative, or Delegate or Resident Commissioner, in any other State. For purposes of this paragraph, any expenditure made in a year other than the calendar year in which the election is held with respect to which such expenditure was made, is considered to be made during the calendar year in which such election is held.”. (2) Such section 608(a) is amended by adding at the end thereof the following new paragraphs: “(3) No candidate or his immediate family may make loans or advances from their personal funds in connection with his campaign for nomination for election, or for election, to Federal office unless such loan or advance is evidenced by a written instrument fully disclosing the terms and conditions of such loan or advance. “(4) For purposes of this subsection, any such loan or advance shall be included in computing the total amount of such expenditures only to the extent of the balance of such loan or advance outstanding and unpaid.”. (c) (1) Notwithstanding section 608(a) (1) of title 18, United States Code; relating to limitations on expenditures from personal funds, any individual may satisfy or discharge, out of his personal funds or the88 Stat. 1267 personal funds of his immediate family, any debt or obligation which is outstanding on the date of the enactment of this Act and which was incurred by him or on his behalf by any political committee in connection with any campaign ending before the close of December 31, 1972, for election to Federal office. (2) For purposes of this subsection— (A) the terms “election”, “Federal office”, and “political committee” have the meanings given them by section 591 of title 18, United States Code; and (B) the term “immediate family” has the meaning given it by section 608 (a) (2) of title 18, United States Code. (d) (1) The first paragraph of section 613 of title 18, United States Code, relating to contributions by certain foreign agents, is amended— (A) by striking out “an agent of a foreign principal” and inserting in lieu thereof “a foreign national”; and (B) by striking out “, either for or on behalf of such foreign principal or otherwise in his capacity as agent of such foreign principal,”. (2) The second paragraph of such section 613 is amended by striking out “agent of a foreign principal or from such foreign principal” and inserting in lieu thereof “foreign national”. (3) The fourth paragraph of such section 613 is amended to read as follows: “As used in this section, the term ‘foreign national’ means— “(1) a foreign principal, as such term is defined by section 1(b) of the Foreign Agents Registration Act of 1938 (22 U.S.C. 611(b)), except that the term ‘foreign national’ shall not include any individual who is a citizen of the United States; or “(2) an individual who is not a citizen of the United States and who is not lawfully admitted for permanent residence, as defined by section 101(a) (20) of the Immigration and Nationality Act (8 U.S.C. 1101(a) (20)).”. (4) (A) The heading of such section 613 is amended by striking out “agents of foreign principals” and inserting in lieu thereof “foreign nationals”. (B) The table of sections for chapter 29 of title 18, United States Code, is amended by striking out the item relating to section 613 and inserting in lieu thereof the following: “613. Contributions by foreign nationals.”. (e) (1) The second paragraph of section 610 of title 18, United States Code, relating to penalties for violating prohibitions against contributions or expenditures by national banks, corporations, or labor organizations, is amended— (A) by striking out “$5,000” and inserting in lieu thereof “$25,000”; and (B) by striking out “$10,000” and inserting in lieu thereof “$50,000”. (2) Section 611 of title 18, United States Code (as amended by section 103 of this Act), relating to contributions by firms or individuals contracting with the United States, is amended in the first paragraph thereof by striking out “$5,000” and inserting in lieu thereof “$25,000”. (3) The third paragraph of section 613 of title 18, United States Code (as amended by subsection (d) of this section), relating to contributions by foreign nationals, is amended by striking out “$5,000” and inserting in lieu thereof “$25,000”. (f) (1) Chapter 29 of title 18, United States Code, relating to elections and political activities, is amended by adding at the end thereof the following new sections: 88 Stat. 1268 “§614. Prohibition of contributions in name of another “(a) No person shall make a contribution in the name of another person or knowingly permit his name to be used to effect such a contribution, and no person shall knowingly accept a contribution made by one person in the name of another person. “(b) Any person who violates this section shall be fined not more than $25,000 or imprisoned not more than one year, or both. “§615. Limitation on contributions of currency “(a) No person shall make contributions of currency of the United States or currency of any foreign country to or for the benefit of any candidate which, in the aggregate, exceed $100, with respect to any campaign of such candidate for nomination for election, or for election, to Federal office. “(b) Any person who violates this section shall be fined not more than $25,000 or imprisoned not more than one year, or both. “§616. Acceptance of excessive honorariums “Whoever, while an elected or appointed officer or employee of any branch of the Federal Government— “(1) accepts any honorarium of more than $1,000 (excluding amounts accepted for actual travel and subsistence expenses) for any appearance, speech, or article; or “(2) accepts honorariums (not prohibited by paragraph (1) of this section) aggregating more than $15,000 in any calendar year; “shall be fined not less than $1,000 nor more than $5,000. “§617. Fraudulent misrepresentation of campaign authority “Whoever, being a candidate for Federal office or an employee or agent of such a candidate— “(1) fraudulently misrepresents himself or any committee or organization under his control as speaking or writing or otherwise acting for or on behalf of any other candidate or political party or employee or agent thereof on a matter which is damaging to such other candidate or political party or employee or agent thereof; or “(2) willfully and knowingly participates in or conspires to participate in any plan, scheme, or design to violate paragraph (1); shall, for each such offense, be fined not more than $25,000 or imprisoned not more than one year, or both.”. (2) Section 591 of title 18, United States Code, relating to definitions, is amended by striking out the matter preceding paragraph (a) and inserting in lieu thereof the following: “Except as otherwise specifically provided, when used in this section and in sections 597, 599, 600, 602, 608, 610, 611, 614, 615, and 617 of this title—”. (3) The table of sections for chapter 29 of title 18, United States Code, is amended by adding at the end thereof the following new items: “614. Prohibition of contributions in name of another. “615. Limitation on contributions of currency. “616. Acceptance of excessive honorariums. “617. Fraudulent misrepresentation of campaign authority.”. (4) Title III of the Federal Election Campaign Act of 1971 is amended by striking out section 310, relating to prohibition of contributions in the name of another.