also between the 1st and 5th days of January, a statement containing, complete as of the fifth day next preceding the date of filing—

(1) the name and address of each person who has made a contribution to or for such committee in one or more items of the aggregate amount or value, within the calendar year, of $100 or more, together with the amount and date of such contribution, and the names of the contributors shall be arranged alphabetically within each category, according to the amount of contribution as follows: $100 to $499; $500 to $999; and $1,000 and over; (2) the total sum of the contributions made to or for such committee during the calendar year and not stated under paragrah (1);

(3) the total sum of all contributions made to or for such committee during the calendar year;

(4) the name and address of each person to whom an expenditure in one or more items of the aggregate amount or value, within the calendar year, of $10 or more has been made by such committee, and the amount, date, and purpose of such expenditure;

(5) the total sum of all expenditures made by such committee during the calendar year and not stated under paragraph (4); and

(6) the total sum of expenditures made by such committee during the calendar year.

(b) (1) Each item of expenditure shall be described in sufficient detail to accurately identify it, including, in the case of printed cards, pamphlets, circulars, posters, dodgers, booklets, or other such advertisements, writings, or other statements (such as reprints from periodicals, books, newspapers, or other publications), the title and number of each; in the case of newspaper advertisements, the names of the newspapers; and in the case of radio and television time, the names of the stations. In the case of expenditures made on behalf of more than one candidate for printing and advertising, for radio time, and for television time, the statement shall indicate the candidates in whose behalf the expenditure was made and the amount allocable to each, such amount to be determined by dividing the total expenditure by the number of candidates on whose behalf it is made.

(2) Each expenditure shall also be described by general category, including (i) personal services and reimbursed expenses (salaries, commissions, fees, traveling and subsistence), (ii) printing and advertising other than radio and television, (iii) radio, (iv) television, (v) office overhead, (vi) subvention or transfer to other political committee or candidate, (vii) miscellaneous, and the total expenditure for each such category shall be listed.

(c) The statements required to be filed by subdivision (a) shall be cumulative during the calendar year to which they relate, but where there has been no change in an item reported in a previous statement only the amount need be carried forward.

(d) The statement filed between the 1st and 5th days of January shall cover the preceding calendar year.

(e) In the case of political committees supporting candidates for President, Vice President or Senator, a copy of the statement filed with the Clerk of the House of Representatives under subsection (a) shall be filed with the Secretary of the Senate.

STATEMENTS BY OTHERS THAN POLITICAL COMMITTEES

SEC. 203. Every person (other than a political committee) who makes an expenditure in one or more items, aggregating $100 or more within a calendar year, other than by contribution to a political committee, for the purpose of influencing the election of candidates, shall file with the Clerk of the House of Representatives an itemized detailed statement of such expenditure in the same manner as required of the treasurer of a political committee by section 202, and in the case of any expenditure in support of a candidate for President, Vice President, or Senator shall file a copy of the statement with the Secretary of the Senate.

STATEMENTS BY CANDIDATES

SEC. 204. (a) Every candidate shall file with the Clerk of the House of Representatives between the tenth and fifteenth days and on the fifth day before, and also within thirty days after, the date on which an election is to be held— (1) a correct and itemized detailed statement of contributions received

by him and expenditures made by him in aid or support of his candidacy for election, or for the purpose of influencing the result of the election, in the same manner as required of the treasurer of a political committee by section 202, including, in the case of contributions, amounts expended from his own funds; and

(2) a statement of every promise or pledge made by him or by any person for him with his consent, prior to the closing of the polls on the day of the election, relative to the appointment or recommendation for appointment of any person to any public or private position or employment for the purpose of procuring support in his candidacy, and the name, address, and occupation of every person to whom any such promise or pledge has been made, together with the description of any such position. If no such promise or pledge has been made, that fact shall be specifically stated.

(b) The statements required to be filed by subdivision (a) shall be cumulative, but where there has been no change in an item reported in a previous statement only the amount need be carried forward.

(c) Every candidate shall enclose with his first statement a report, based upon the records of the proper State official, stating the total number of votes cast for all candidates for the office which the candidate seeks, at the election required to be used as a basis for the computation under section 209 (b) (2). (d) In the case of a candidate for Senator, a copy of the statement filed with the Clerk of the House of Representatives under subsection (a) shall be filed with the Secretary of the Senate.

FILING WITH THE CLERK OF THE UNITED STATES DISTRICT COURT

SEC. 205. A copy of every statement required to be filed under the provisions of this title shall also be filed with the clerk of the United States district court in the district in which the principal office of the political committee is located, in the case of statements by political committees; in the district in which the candidate resides, in the case of statements by candidates; and in the district in which contributions are received and expenditures made, in the case of statements by others.

FORMAL REQUIREMENT ON FILING STATEMENTS

SEC. 206. A statement required by this title to be filed by a candidate or treasurer of a political committee or other person with the Clerk of the House of Representatives, the Secretary of the Senate, or the clerk of a United States district court, as the case may be―

(1) shall be verified by the oath or affirmation of the person filing such statement, taken before any officer authorized to administer oaths;

(2) shall be deemed properly filed when deposited in an established post office within the prescribed time, duly stamped, registered, and directed to the Clerk of the House of Representatives or the Secretary of the Senate in Washington, District of Columbia, or to the clerk of the United States district court at a city where such court sits, but in the event it is not received, a duplicate of such statement shall be promptly filed upon notice by the officer with whom it is required to be filed of its nonreceipt; and

(3) shall be preserved by the officer with whom it is filed for a period of ten years from the date of filing, shall constitute a part of the public records of his office, and shall be open to public inspection.

DUTIES OF CLERK OF THE HOUSE AND SECRETARY OF THE SENATE

SEC. 207. (a) It shall be the duty of the Clerk of the House of Representatives and the Secretary of the Senate (1) to develop uniform methods and forms for the making of reports required under this title; (2) to provide for making the statements filed under this title available for public inspection; (3) to ascertain whether candidates, political committees, or others have failed to file statements or have filed defective statements and to give notice to delinquents directing them to file such statements or to correct defective statements; (4) to provide for the preparation and periodic publication of compilations containing summaries indicating the total contributions and expenditures and the total for each category of expenditure in each statement filed with the Clerk of the House of Representatives or the Secretary of the Senate, and the name and address of, and

the amount contributed by, each contributor shown by any such statement to have contributed the sum of $500 or more.

(b) The Secretary of the Senate shall transmit the summaries prepared by him under this section, and the notices of delinquency dispatched by him to delinquent candidates, committees or others, to the Committee on Rules and Administration of the Senate.

(c) The Clerk of the House of Representatives shall transmit the summaries prepared by him under this section, and the notices of delinquency dispatched by him to delinquent candidates, committees or others, to the Committee on House Administration of the House of Representatives.

SUPERVISION OF THE ADMINISTRATION OF THIS ACT

SEC. 208. To assist the Congress in appraising the administration of this Act and in developing such amendments or legislation related thereto as it may deem necessary, the Committee on Rules and Administration of the Senate, in the case of candidates for President, Vice President, or Senator, as well as in the case of political committees supporting candidates for election to such offices, and the Committee on House Administration of the House of Representatives, in the case of candidates for Representative, Delegate, or Resident Commissioner, as well as in the case of political committees supporting candidates for election to such offices, shall exercise continuous watchfulness of the administration of this Act by the executive agencies concerned. It shall be the duty of these committees

(1) to study all pertinent reports and summaries submitted to them by the Secretary of the Senate or the Clerk of the House of Representatives, respectively, and such other materials as may be necessary;

(2) to ascertain whether candidates, political committees, or others have failed to file statements as required by this Act or have filed defective statements;

(3) to report violations of this Act to the appropriate law-enforcing agencies of the Government and to review such reports at regular intervals to ascertain the action taken by those agencies. Any department, official, or agency administering the provisions of this Act shall, at the request of the committee, consult with the committee, from time to time, with respect to their activities under this Act;

(4) to take such other action as shall be necessary and proper to supervise the administration of this Act; and

(5) to report to the Senate or the House of Representatives respectively, from time to time, on their activities under this Act.

LIMITATION UPON AMOUNT OF EXPENDITURES

SEC. 209. (a) A candidate for Senator or Representative in, or Delegate or Resident Commissioner to, the Congress of the United States, in his campaign for election, shall not make expenditures in excess of the amount which he may lawfully make under the provisions of this title.

(b) A candidate, in his campaign for election (treating primaries, nominating conventions, caucuses, and special and general elections as separate for the purpose of this limitation), may make expenditures up to

(1) the sum of $50,000 if a candidate for Senator or Representative-atlarge, or the sum of $12,500 if a candidate for Representative, Delegate, or Resident Commissioner; or

(2) in the case of an election other than a caucus or nominating convention, an amount equal to the amount obtained by multiplying 10 cents by the total number of votes cast in either the last primary election or the last general election for all candidates for the office which the candidate seeks, but in no event exceeding $250,000 in the case of a candidate for Senator or Representative-at-large, or $25,000 in the case of a candidate for Representative, Delegate, or Resident Commissioner.

(c) For the purposes of the limitation prescribed in subsection (b) there shall be included in the total expenditures made by a candidate the expenditures made on behalf of the candidate by political committees. In the case of political committees supporting more than one candidate (and State and local candidates), the amount of the total expenditures allocable to each candidate shall be in the same ratio as expenditures on behalf of each candidate for printing and advertising, radio time, and television time bears to the total of such expenditures.

PENALTIES

SEC. 210. (a) Any person who violates any of the provisions of this title shall be fined not more than $1,000 or imprisoned not more than one year, or both; and if the violation was willful shall be fined not more than $10,000 and imprisoned not more than two years.

(b) Any candidate who knowingly consents to any violation of this title by an authorized political committee shall be fined not more than $10,000 and imprisoned not more than two years.

EXPENSES OF ELECTION CONTESTS

SEC. 211. This title shall not limit or affect the right of any person to make expenditures for proper legal expenses in contesting the results of an election.

STATE LAWS NOT AFFECTED

SEC. 212. This title shall not be construed to exempt any candidate from complying with the laws of any State relating to the nomination or election of candidates, or to annul any such State laws, unless directly inconsistent with the provisions of this title.

PARTIAL INVALIDITY

SEC. 213. If any provision of this Act or the application thereof to any person or circumstance is held invalid, the validity of the remainder of the Act and of the application of such provisions to other persons and circumstances shall not be affected thereby.

REPEAL OF FEDERAL CORRUPT PRACTICES ACT

SEC. 214. The Federal Corrupt Practices Act, 1925, is repealed.

TITLE III-AMENDMENTS TO CRIMINAL CODE

AMENDMENT OF DEFINITIONS APPLICABLE TO CRIMINAL CODE PROVISIONS

SEC. 301. So much of section 591 of title 18 of the United States Code as precedes the paragraph defining the term "contribution" is amended to read as follows:

"§ 591. Definitions

"When used in sections 597, 599, 602, 609, and 610 of this title

"(1) The term 'election' includes a general or special election, and includes a primary election (including a preferential primary) and a convention of a political party or a caucus held for the purpose of nominating candidates;

"(2) The term 'candidate' means an individual on whose behalf contributions are received or expenditures made in support of his candidacy, or whose name is presented, at an election for nomination for, or election as, President or Vice President or Senator or Representative in, or Delegate or Resident Commissioner to, the Congress of the United States, whether or not such individual is elected; and

"(3) The term 'political committee' includes any committee, association, or organization which accepts contributions or makes expenditures for the purpose of influencing or attempting to influence in any manner whatsoever the election of candidates or Presidential or Vice Presidential electors;".

LIMITATIONS ON FINANCIAL AID TO CANDIDATES

SEC. 302. Subsection (a) of section 608 of title 18 of the United States Code is amended to read as follows:

"(a) Whoever, directly or indirectly, makes contributions or expenditures in an aggregate amount in excess of $10,000 during any calendar year, or in connection with any campaign for nomination or for election, for any or all of the following purposes―

"(1) to or on behalf of any candidate or candidates for an elective Federal office, including the offices of President and Vice President of the United States and Presidential and Vice Presidential electors, or

"(2) to or on behalf of any committee or committees or other organizations engaged in furthering, advancing, or advocating the nomination or election

of any candidate or candidates for any such office or the success of any national political party,

shall be fined not more than $5,000 or imprisoned not more than five years, or both. "This subsection shall not apply to contributions or expenditures made by a political committee."

MAXIMUM CONTRIBUTIONS TO AND EXPENDITURES BY INTERSTATE POLITICAL

COMMITTEES

SEC. 303. The first paragraph of section 609 of title 18 of the United States Code is amended to read as follows:

"No political committee operating in two or more States shall receive contributions or make expenditures in amounts greater than the amount obtained by multiplying 20 cents by the total number of votes cast for all candidates for the office of President in any one of the last three final elections for that office."

CONTRIBUTIONS BY NATIONAL BANKS, CORPORATIONS, AND LABOR ORGANIZATIONS SEC. 304. (a) Section 610 of title 18 of the United States Code is amended by inserting after the first paragraph thereof the following new paragraph:

"It is unlawful for any candidate or political committee to make any contribution or expenditure in connection with any Federal election from funds received directly or indirectly from a labor union, corporation, or national bank."

(b) The existing second paragraph of such section is amended by adding at the end thereof the following: "Every candidate and every political committee and the treasurer of every political committee which makes any contribution or expenditure in violation of this section shall be fined not more than $1,000 or imprisoned not more than one year, or both, and if the violation was willful, shall be fined not more than $10,000 or imprisoned not more than two years, or both."

PUBLICATION OR DISTRIBUTION OF POLITICAL STATEMENTS

SEC. 305. Section 612 of title 18 of the United States Code is amended by inserting after the word "names" wherever it appears therein the words "and addresses"; by changing the figure "$1,000" to "$5,000" and the words "one year" to "five years"; and by adding at the end thereof the following:

"Subject to the penalty provided in the foregoing paragraph, any political committee which publishes or distributes or causes to be published or distributed or deposits for mailing, any such statement, shall include the following legend: "This [publication] is paid for by [name of political committee], a committee duly authorized under section 201 of the Federal Elections Act of 1953.'

"The term 'political committee', as used in this section, shall have the same meaning prescribed by section 591 of this title."

Senator HENNINGS. At the present time, financial practices in connection with election to Federal office are regulated by the Federal Corrupt Practices Act of 1925 and the Hatch Political Activities Act of 1939, as amended. If there is no objection, for the convenience of the Senate and others, copies of these acts will be inserted in the appendix to these hearings.

(The acts referred to above may be found in the appendix, at pp. 269 and 275, respectively.)

Senator HENNINGS. As chairman of the Subcommittee on Privileges and Elections, and as sponsor of S. 636, I have received many communications from political scientists and others commenting on the merits of the bill as well as its specific provisions. Copies of these communications will, without objection, be printed in the record of these hearings since they afford valuable insight into the thoughts and opinions of many persons vitally concerned with the problems before the subcommittee.

(The communications referred to may be found in the appendix.) Senator HENNINGS. Now we are ready, unless, Senator Curtis, you have some observation or some statement to make at this time. If you have, we will be glad to hear from you. You may proceed.