July 10, 2001 sees Congressional Record publish “AMENDMENTS”

July 10, 2001 sees Congressional Record publish “AMENDMENTS”

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Volume 147, No. 95 covering the 1st Session of the 107th Congress (2001 - 2002) was published by the Congressional Record.

The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.

“AMENDMENTS” mentioning the U.S. Dept of Agriculture was published in the House of Representatives section on pages H3864-H3865 on July 10, 2001.

The publication is reproduced in full below:

AMENDMENTS

Under clause 8 of rule XVIII, proposed amendments were submitted as follows:

H.R. 2330

Offered By: Mr. Smith of Michigan

Amendment No. 30: Add before the short title at the end the following new section:

Sec. ____. None of the funds appropriated or otherwise made available in this Act may be used to pay the salaries of personnel of the Department of Agriculture who permit the payment limitation specified in section 1001(2) of the Food Security Act of 1985 (7 U.S.C. 1308(2)) to be exceeded in any manner (whether through payments in excess of such limitation, permitting repayment of marketing loans at a lower rate, the issuance of certificates redeemable for commodities, or forfeiture of a loan commodity when the payment limitation level is reached), except, in the case of a husband and wife, the total amount of the payments specified in section 1001(3) of that Act that they may receive during the 2001 crop year may not exceed $150,000.

H.R. 2360

Offered By: Mr. Roemer

Amendment No. 1: Insert after title III the following:

TITLE IV--MODIFICATION OF INDIVIDUAL CONTRIBUTION LIMITS IN RESPONSE TO

EXPENDITURES FROM PERSONAL FUNDS

SEC. 401. MODIFICATION OF INDIVIDUAL CONTRIBUTION LIMITS IN

RESPONSE TO EXPENDITURES FROM PERSONAL FUNDS.

(a) Increased Limits for Individuals.--

(1) In general.--Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a) is amended--

(A) in subsection (a)(1), by striking ``No person'' and inserting ``Except as provided in subsection (i), no person''; and

(B) by adding at the end the following:

``(i) Increased Limit To Allow Response to Expenditures From Personal Funds.--

``(1) Increase.--

``(A) In general.--Subject to paragraph (2), if the opposition personal funds amount with respect to a candidate for election to the office of Senator or Representative in or Delegate or Resident Commissioner to the Congress exceeds the threshold amount, the limit under subsection (a)(1)(A) (in this subsection referred to as the `applicable limit') with respect to that candidate shall be the increased limit.

``(B) Threshold amount.--

``(i) State-by-state and district-by-district competitive and fair campaign formula.--In this subsection, the threshold amount with respect to an election cycle of a candidate described in subparagraph (A) is an amount equal to the sum of--

``(I) $150,000; and

``(II) $0.04 multiplied by the voting age population.

``(ii) Voting age population.--In this subparagraph, the term `voting age population' means--

``(I) in the case of a candidate for the office of Senator, the voting age population of the State of the candidate (as certified under section 315(e)); or

``(II) in the case of a candidate for the office of Representative in or Delegate or Resident Commissioner to the Congress, the voting population of the district the candidate seeks to represent (as certified under section 315(e)).

``(C) Increased limit.--Except as provided in clause (ii), for purposes of subparagraph (A), if the opposition personal funds amount is over--

``(i) 2 times the threshold amount, but not over 4 times that amount--

``(I) the increased limit shall be 3 times the applicable limit; and

``(II) the limit under subsection (a)(3) shall not apply with respect to any contribution made with respect to a candidate if such contribution is made under the increased limit of subparagraph (A) during a period in which the candidate may accept such a contribution;

``(ii) 4 times the threshold amount, but not over 10 times that amount--

``(I) the increased limit shall be 6 times the applicable limit; and

``(II) the limit under subsection (a)(3) shall not apply with respect to any contribution made with respect to a candidate if such contribution is made under the increased limit of subparagraph (A) during a period in which the candidate may accept such a contribution; and

``(iii) 10 times the threshold amount--

``(I) the increased limit shall be 6 times the applicable limit;

``(II) the limit under subsection (a)(3) shall not apply with respect to any contribution made with respect to a candidate if such contribution is made under the increased limit of subparagraph (A) during a period in which the candidate may accept such a contribution; and

``(III) the limits under subsection (d) with respect to any expenditure by a State or national committee of a political party shall not apply.

``(D) Opposition personal funds amount.--The opposition personal funds amount is an amount equal to the excess (if any) of--

``(i) the greatest aggregate amount of expenditures from personal funds (as defined in section 304(a)(6)(B)) that an opposing candidate in the same election makes; over

``(ii) the aggregate amount of expenditures from personal funds made by the candidate with respect to the election.

``(2) Time to accept contributions under increased limit.--

``(A) In general.--Subject to subparagraph (B), a candidate and the candidate's authorized committee shall not accept any contribution, and a party committee shall not make any expenditure, under the increased limit under paragraph (1)--

``(i) until the candidate has received notification of the opposition personal funds amount under section 304(a)(6)(B); and

``(ii) to the extent that such contribution, when added to the aggregate amount of contributions previously accepted and party expenditures previously made under the increased limits under this subsection for the election cycle, exceeds 110 percent of the opposition personal funds amount.

``(B) Effect of withdrawal of an opposing candidate.--A candidate and a candidate's authorized committee shall not accept any contribution and a party shall not make any expenditure under the increased limit after the date on which an opposing candidate ceases to be a candidate to the extent that the amount of such increased limit is attributable to such an opposing candidate.

``(3) Disposal of excess contributions.--

``(A) In general.--The aggregate amount of contributions accepted by a candidate or a candidate's authorized committee under the increased limit under paragraph (1) and not otherwise expended in connection with the election with respect to which such contributions relate shall, not later than 50 days after the date of such election, be used in the manner described in subparagraph (B).

``(B) Return to contributors.--A candidate or a candidate's authorized committee shall return the excess contribution to the person who made the contribution.

``(j) Limitation on Repayment of Personal Loans.--Any candidate who incurs personal loans made after the date of enactment of the Bipartisan Campaign Reform Act of 2001 in connection with the candidate's campaign for election shall not repay (directly or indirectly), to the extent such loans exceed $250,000, such loans from any contributions made to such candidate or any authorized committee of such candidate after the date of such election.''.

(b) Notification of Expenditures From Personal Funds.--Section 304(a)(6) of the Federal Election Campaign Act of 1971 (2 U.S.C. 434(a)(6)) is amended--

(1) by redesignating subparagraph (B) as subparagraph (E); and

(2) by inserting after subparagraph (A) the following:

``(B) Notification of expenditure from personal funds.--

``(i) Definition of expenditure from personal funds.--In this subparagraph, the term `expenditure from personal funds' means--

``(I) an expenditure made by a candidate using personal funds; and

``(II) a contribution or loan made by a candidate using personal funds or a loan secured using such funds to the candidate's authorized committee.

``(ii) Declaration of intent.--Not later than the date that is 15 days after the date on which an individual becomes a candidate for the office of Senator or Representative in or Delegate or Resident Commissioner to the Congress, the candidate shall file a declaration stating the total amount of expenditures from personal funds that the candidate intends to make, or to obligate to make, with respect to the election that will exceed the State-by-State and District-by-District competitive and fair campaign formula with--

``(I) the Commission; and

``(II) each candidate in the same election.

``(iii) Initial notification.--Not later than 24 hours after a candidate described in clause (ii) makes or obligates to make an aggregate amount of expenditures from personal funds in excess of 2 times the threshold amount in connection with any election, the candidate shall file a notification with--

``(I) the Commission; and

``(II) each candidate in the same election.

``(iv) Additional notification.--After a candidate files an initial notification under clause (iii), the candidate shall file an additional notification each time expenditures from personal funds are made or obligated to be made in an aggregate amount that exceed $10,000 with--

``(I) the Commission; and

``(II) each candidate in the same election.Such notification shall be filed not later than 24 hours after the expenditure is made.

``(v) Contents.--A notification under clause (iii) or (iv) shall include--

``(I) the name of the candidate and the office sought by the candidate;

``(II) the date and amount of each expenditure; and

``(III) the total amount of expenditures from personal funds that the candidate has made, or obligated to make, with respect to an election as of the date of the expenditure that is the subject of the notification.

``(C) Notification of disposal of excess contributions.--In the next regularly scheduled report after the date of the election for which a candidate seeks nomination for election to, or election to, Federal office, the candidate or the candidate's authorized committee shall submit to the Commission a report indicating the source and amount of any excess contributions (as determined under paragraph (1) of section 315(i)) and the manner in which the candidate or the candidate's authorized committee used such funds.

``(D) Enforcement.--For provisions providing for the enforcement of the reporting requirements under this paragraph, see section 309.''.

(c) Definitions.--Section 301 of the Federal Election Campaign Act of 1971 (2 U.S.C. 431) is amended by adding at the end the following:

``(20) Election cycle.--The term `election cycle' means the period beginning on the day after the date of the most recent election for the specific office or seat that a candidate is seeking and ending on the date of the next election for that office or seat. For purposes of the preceding sentence, a primary election and a general election shall be considered to be separate elections.

``(21) Personal funds.--The term `personal funds' means an amount that is derived from--

``(A) any asset that, under applicable State law, at the time the individual became a candidate, the candidate had legal right of access to or control over, and with respect to which the candidate had--

``(i) legal and rightful title; or

``(ii) an equitable interest;

``(B) income received during the current election cycle of the candidate, including--

``(i) a salary and other earned income from bona fide employment;

``(ii) dividends and proceeds from the sale of the candidate's stocks or other investments;

``(iii) bequests to the candidate;

``(iv) income from trusts established before the beginning of the election cycle;

``(v) income from trusts established by bequest after the beginning of the election cycle of which the candidate is the beneficiary;

``(vi) gifts of a personal nature that had been customarily received by the candidate prior to the beginning of the election cycle; and

``(vii) proceeds from lotteries and similar legal games of chance; and

``(C) a portion of assets that are jointly owned by the candidate and the candidate's spouse equal to the candidate's share of the asset under the instrument of conveyance or ownership, but if no specific share is indicated by an instrument of conveyance or ownership, the value of \1/2\ of the property.''.

H.R. 2360

Offered By: Mr. Roemer

Amendment No. 2: Insert after title III the following:

TITLE IV--REQUIRING CANDIDATES USING CORPORATE AIRCRAFT TO REIMBURSE

CORPORATION AT CHARTER RATE

SEC. 401. REQUIRING CANDIDATES USING CORPORATE AIRCRAFT TO

REIMBURSE CORPORATION OR UNION AT CHARTER RATE.

Section 316 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441b) is amended by adding at the end the following new subsection:

``(c)(1) No candidate, agent of a candidate, or person traveling on behalf of a candidate may use an airplane which is owned or leased by a corporation for travel in connection with a Federal election unless the candidate, agent, or person in advance reimburses the corporation an amount equal to the usual charter rate for such use.

``(2) Paragraph (1) shall not apply with respect to the use of an airplane which is owned or leased by a corporation which is licensed to offer commercial services for travel.''.

SOURCE: Congressional Record Vol. 147, No. 95

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