[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 380 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 380
To amend the Federal Election Campaign Act of 1971 to reform the
financing of campaigns for elections for Federal office, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 31, 2001
Mr. Shays (for himself, Mr. Meehan, Mr. Wamp, Mr. Levin, Mr. Castle,
Mr. Dingell, Mr. Horn, Mrs. Maloney of New York, Mr. Gilman, Mr. Farr
of California, Mrs. Roukema, Mr. Bonior, Mr. Gallegly, Mr. Gephardt,
Mr. Houghton, Mr. Allen, Mr. Greenwood, Mr. Hoyer, Mr. Gilchrest, Mr.
Stenholm, Mrs. Morella, Ms. DeLauro, Mr. LaTourette, Mr. Lewis of
Georgia, Mr. Boehlert, Mr. Frank, Mr. Bass, Mr. George Miller of
California, Mr. Gillmor, Ms. Rivers, Mrs. Johnson of Connecticut, Mrs.
Capps, Mr. Leach, Mr. Dooley of California, Mr. Ramstad, Mr. Cardin,
Mr. LoBiondo, Mr. Turner, Mr. Ganske, Mr. Barrett of Wisconsin, Mrs.
Kelly, Mr. Tierney, Mr. Foley, Mr. Price of North Carolina, Mr. Walsh,
Mr. Kind, Mr. Frelinghuysen, Mr. Nadler, Mr. Ose, Mr. Sherman, Mr.
Kirk, Mr. Stark, Mr. Simmons, Mr. Brady of Pennsylvania, Mr. Baldacci,
Mr. Moran of Virginia, Mr. Smith of Washington, Mr. Luther, Mr. Maloney
of Connecticut, Mr. Waxman, Mr. Pomeroy, Mr. Clement, Mr. Lantos, Mr.
Pallone, Mr. Hinchey, Mr. Blumenauer, Mr. Wexler, Mr. McGovern, Mr.
Markey, Mr. Rothman, Mr. Pascrell, Mr. Kanjorski, Mr. Ackerman, Mr.
Davis of Florida, Mr. Holt, Mr. Green of Texas, Mr. Kleczka, Ms.
Kilpatrick, Ms. Roybal-Allard, Mrs. Tauscher, Mr. Spratt, Mr. Hoeffel,
Mr. Moore, Mr. Borski, Ms. Baldwin, Mr. Udall of New Mexico, Ms. Carson
of Indiana, Ms. McCarthy of Missouri, Mrs. McCarthy of New York, Mr.
Snyder, Mr. Baird, Mr. Gonzalez, Mr. Inslee, Mr. Strickland, Mr.
Crowley, Ms. Eshoo, Mr. DeFazio, Ms. Woolsey, Ms. Slaughter, Mr.
Weiner, Mr. Abercrombie, Mr. Engel, Mr. Thompson of California, Mr.
Filner, Mr. Larson of Connecticut, Mr. Udall of Colorado, Mr. Sanders,
Ms. Berkley, Ms. Schakowsky, Mr. Capuano, Mr. Coyne, Mr. Becerra, Mr.
Blagojevich, Mr. Evans, Mr. Underwood, Mr. Delahunt, Mr. LaFalce, Mr.
Wu, Mr. Kucinich, Mr. Gordon, Mr. Schiff, Ms. Harman, Mr. Rangel, Mrs.
Davis of California, Mr. Visclosky, Mr. Larsen of Washington, Mr.
Rodriguez, Ms. Hooley of Oregon, Mr. Reyes, Mr. McNulty, Mr. Clay, Mr.
Ross, Mr. Brown of Ohio, Mr. McDermott, Mr. Carson of Oklahoma, Mr.
Pastor, Mr. Kennedy of Rhode Island, Mr. Holden, Mr. Berry, Ms.
McCollum, Mr. Langevin, Mrs. Clayton, Mr. Sawyer, Ms. Pelosi, Mr.
Israel, Mr. Saxton, Ms. Lofgren, and Ms. DeGette) introduced the
following bill; which was referred to the Committee on House
Administration, and in addition to the Committees on Education and the
Workforce, Government Reform, the Judiciary, Ways and Means, and Rules,
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of
the committee concerned
_______________________________________________________________________
A BILL
To amend the Federal Election Campaign Act of 1971 to reform the
financing of campaigns for elections for Federal office, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Bipartisan
Campaign Finance Reform Act of 2001''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--REDUCTION OF SPECIAL INTEREST INFLUENCE
Sec. 101. Soft money of political parties.
Sec. 102. Increased contribution limits for State committees of
political parties and aggregate
contribution limit for individuals.
Sec. 103. Reporting requirements.
TITLE II--INDEPENDENT AND COORDINATED EXPENDITURES
Sec. 201. Definitions.
Sec. 202. Express advocacy determined without regard to background
music.
Sec. 203. Civil penalty.
Sec. 204. Reporting requirements for certain independent expenditures.
Sec. 205. Independent versus coordinated expenditures by party.
Sec. 206. Coordination with candidates.
TITLE III--DISCLOSURE
Sec. 301. Prohibition of deposit of contributions with incomplete
contributor information.
Sec. 302. Audits.
Sec. 303. Reporting requirements for contributions of $50 or more.
Sec. 304. Use of candidates' names.
Sec. 305. Prohibition of false representation to solicit contributions.
Sec. 306. Soft money of persons other than political parties.
Sec. 307. Campaign advertising.
TITLE IV--PERSONAL WEALTH OPTION
Sec. 401. Voluntary personal funds expenditure limit.
Sec. 402. Political party committee coordinated expenditures.
TITLE V--MISCELLANEOUS
Sec. 501. Codification of Beck decision.
Sec. 502. Use of contributed amounts for certain purposes.
Sec. 503. Limit on congressional use of the franking privilege.
Sec. 504. Prohibition of fundraising on Federal property.
Sec. 505. Penalties for violations.
Sec. 506. Strengthening foreign money ban.
Sec. 507. Prohibition of contributions by minors.
Sec. 508. Expedited procedures.
Sec. 509. Initiation of enforcement proceeding.
Sec. 510. Protecting equal participation of eligible voters in
campaigns and elections.
Sec. 511. Penalty for violation of prohibition against foreign
contributions.
Sec. 512. Expedited court review of certain alleged violations of
Federal Election Campaign Act of 1971.
Sec. 513. Conspiracy to violate presidential campaign spending limits.
Sec. 514. Deposit of certain contributions and donations in treasury
account.
Sec. 515. Establishment of a clearinghouse of information on political
activities within the Federal Election
Commission.
Sec. 516. Enforcement of spending limit on presidential and vice
presidential candidates who receive public
financing.
Sec. 517. Clarification of right of nationals of the United States to
make political contributions.
TITLE VI--INDEPENDENT COMMISSION ON CAMPAIGN FINANCE REFORM
Sec. 601. Establishment and purpose of commission.
Sec. 602. Membership of commission.
Sec. 603. Powers of commission.
Sec. 604. Administrative provisions.
Sec. 605. Report and recommended legislation.
Sec. 606. Expedited congressional consideration of legislation.
Sec. 607. Termination.
Sec. 608. Authorization of appropriations.
TITLE VII--PROHIBITING USE OF WHITE HOUSE MEALS AND ACCOMMODATIONS FOR
POLITICAL FUNDRAISING
Sec. 701. Prohibiting use of White House meals and accommodations for
political fundraising.
TITLE VIII--SENSE OF THE CONGRESS REGARDING FUNDRAISING ON FEDERAL
GOVERNMENT PROPERTY
Sec. 801. Sense of the Congress regarding applicability of controlling
legal authority to fundraising on Federal
government property.
TITLE IX--PROHIBITING SOLICITATION TO OBTAIN ACCESS TO CERTAIN FEDERAL
GOVERNMENT PROPERTY
Sec. 901. Prohibition against acceptance or solicitation to obtain
access to certain Federal government
property.
TITLE X--REIMBURSEMENT FOR USE OF GOVERNMENT PROPERTY FOR CAMPAIGN
ACTIVITY
Sec. 1001. Requiring national parties to reimburse at cost for use of
Air Force One for political fundraising.
Sec. 1002. Reimbursement for use of government equipment for campaign-
related travel.
TITLE XI--PROHIBITING USE OF WALKING AROUND MONEY
Sec. 1101. Prohibiting campaigns from providing currency to individuals
for purposes of encouraging turnout on date
of election.
TITLE XII--ENHANCING ENFORCEMENT OF CAMPAIGN LAW
Sec. 1201. Enhancing enforcement of campaign finance law.
TITLE XIII--BAN ON COORDINATED SOFT MONEY ACTIVITIES BY PRESIDENTIAL
CANDIDATES
Sec. 1301. Ban on coordination of soft money for issue advocacy by
presidential candidates receiving public
financing.
TITLE XIV--POSTING NAMES OF CERTAIN AIR FORCE ONE PASSENGERS ON
INTERNET
Sec. 1401. Requirement that names of passengers on Air Force One and
Air Force Two be made available through the
Internet.
TITLE XV--EXPULSION PROCEEDINGS FOR HOUSE MEMBERS RECEIVING FOREIGN
CONTRIBUTIONS
Sec. 1501. Permitting consideration of privileged motion to expel House
member accepting illegal foreign
contribution.
TITLE XVI--SEVERABILITY; CONSTITUTIONALITY; EFFECTIVE DATE; REGULATIONS
Sec. 1601. Severability.
Sec. 1602. Review of constitutional issues.
Sec. 1603. Effective date.
Sec. 1604. Regulations.
TITLE I--REDUCTION OF SPECIAL INTEREST INFLUENCE
SEC. 101. SOFT MONEY OF POLITICAL PARTIES.
Title III of the Federal Election Campaign Act of 1971 (2 U.S.C.
431 et seq.) is amended by adding at the end the following new section:
``soft money of political parties
``Sec. 323. (a) National Committees.--
``(1) In general.--A national committee of a political
party (including a national congressional campaign committee of
a political party) and any officers or agents of such party
committees, shall not solicit, receive, or direct to another
person a contribution, donation, or transfer of funds, or spend
any funds, that are not subject to the limitations,
prohibitions, and reporting requirements of this Act.
``(2) Applicability.--This subsection shall apply to an
entity that is directly or indirectly established, financed,
maintained, or controlled by a national committee of a
political party (including a national congressional campaign
committee of a political party), or an entity acting on behalf
of a national committee, and an officer or agent acting on
behalf of any such committee or entity.
``(b) State, District, and Local Committees and Candidates.--
``(1) Restrictions on federal election activity.--
``(A) In general.--An amount that is expended or
disbursed for Federal election activity by a State,
district, or local committee of a political party
(including an entity that is directly or indirectly
established, financed, maintained, or controlled by a
State, district, or local committee of a political
party and an officer or agent acting on behalf of such
committee or entity), or by an entity directly or
indirectly established, financed, maintained, or
controlled by or acting on behalf of one or more
candidates for election for State or local office or
one or more individuals holding State or local office,
shall be made from funds subject to the limitations,
prohibitions, and reporting requirements of this Act.
``(B) No effect on certain activities permitted
under state law.--Nothing in this subsection may be
construed to prevent the principal campaign committee
of a candidate for election to a non-Federal office
from raising or spending funds to the extent permitted
under applicable State law for any activity described
in paragraph (2)(A)(i) or paragraph (2)(A)(ii), or for
any public communication described in paragraph
(2)(A)(iii) which is made solely to promote the
candidate's campaign for election to such non-Federal
office.
``(2) Federal election activity.--
``(A) In general.--The term `Federal election
activity' means--
``(i) voter registration activity during
the period that begins on the date that is 120
days before the date a regularly scheduled
Federal election is held and ends on the date
of the election;
``(ii) voter identification, get-out-the-
vote activity, or generic campaign activity
conducted in connection with an election in
which a candidate for Federal office appears on
the ballot (regardless of whether a candidate
for State or local office also appears on the
ballot);
``(iii) a public communication that refers
to a clearly identified candidate for Federal
office (regardless of whether a candidate for
State or local office is also mentioned or
identified) and that promotes, supports,
attacks, or opposes a candidate for that office
(regardless of whether the communication
expressly advocates a vote for or against a
candidate); and
``(iv) services provided in any month by an
employee of a State, district, or local
committee of a political party who spends more
than 25 percent of that individual's
compensated time during that month on
activities in connection with a Federal
election.
``(B) Excluded activity.--The term `Federal
election activity' does not include an amount expended
or disbursed by a State, district, or local committee
of a political party or by an entity described in
paragraph (1)(A) for--
``(i) a public communication which refers
solely to a clearly identified candidate for
State or local office, so long as the
communication is not a Federal election
activity described in subparagraph (A)(i) or
(ii);
``(ii) a contribution to a candidate for
State or local office, provided the
contribution is not designated or used to pay
for a Federal election activity described in
subparagraph (A);
``(iii) the costs of a State, district, or
local political convention;
``(iv) the costs of grassroots campaign
materials, including buttons, bumper stickers,
and yard signs, that name or depict only a
candidate for State or local office; and
``(v) the cost of constructing or
purchasing an office facility or equipment for
a State, district or local committee, if
permitted by State law.
``(C) Public communication defined.--
``(i) In general.--In this paragraph, the
term `public communication' means any
broadcast, cable, or satellite communication,
or any communication made to the general public
through a newspaper, magazine, outdoor
advertising facility, mass mailing, or
telephone bank, or any other form of general
public political advertising.
``(ii) Mass mailing.--In clause (i), the
term `mass mailing' means a mailing of more
than 500 pieces of mail matter of an identical
or substantially similar nature within any 30-
day period.
``(iii) Telephone bank defined.--In clause
(i), the term `telephone bank' means more than
500 telephone calls within any 30-day period of
an identical or substantially similar nature.
``(c) Fundraising Costs.--An amount spent by a person described in
subsection (a) or (b)(1)(A) to raise funds that are used, in whole or
in part, to pay the costs of Federal election activity shall be made
from funds subject to the limitations, prohibitions, and reporting
requirements of this Act, except that this subsection shall not apply
to activities described in subsection (b)(1)(B).
``(d) Tax-Exempt Organizations.--A national, State, district, or
local committee of a political party (including a national
congressional campaign committee of a political party), an entity that
is directly or indirectly established, financed, maintained, or
controlled by any such national, State, district, or local committee or
its agent, and an officer or agent acting on behalf of any such party
committee or entity, shall not solicit any funds for, or make or direct
any donations to, an organization that is described in section 501(c)
of the Internal Revenue Code of 1986 and exempt from taxation under
section 501(a) of such Code (or has submitted an application to the
Commissioner of the Internal Revenue Service for determination of tax-
exemption under such section) or an organization described in section
527 of such Code (other than a political committee).
``(e) Candidates.--
``(1) In general.--A candidate, individual holding Federal
office, agent of a candidate or individual holding Federal
office, or an entity directly or indirectly established,
financed, maintained or controlled by or acting on behalf of
one or more candidates or individuals holding Federal office,
shall not--
``(A) solicit, receive, direct, transfer, or spend
funds in connection with an election for Federal
office, including funds for any Federal election
activity, unless the funds are subject to the
limitations, prohibitions, and reporting requirements
of this Act; or
``(B) solicit, receive, direct, transfer, or spend
funds in connection with any election other than an
election for Federal office or disburse funds in
connection with such an election unless the funds--
``(i) are not in excess of the amounts
permitted with respect to contributions to
candidates and political committees under
paragraphs (1) and (2) of section 315(a); and
``(ii) are not from sources prohibited by
this Act from making contributions with respect
to an election for Federal office.
``(2) State law.--Paragraph (1) does not apply to the
solicitation, receipt, or spending of funds by an individual
who is a candidate for a State or local office in connection
with such election for State or local office if the
solicitation, receipt, or spending of funds is permitted under
State law for any activity, other than a public communication
described in subsection (b)(2)(A)(iii) on behalf of another
candidate for election for Federal office.
``(3) Fundraising events.--Notwithstanding paragraph (1), a
candidate or individual holding Federal office may attend,
speak, or be a featured guest at a fundraising event held for a
State, district, or local committee of a political party.''.
SEC. 102. INCREASED CONTRIBUTION LIMITS FOR STATE COMMITTEES OF
POLITICAL PARTIES AND AGGREGATE CONTRIBUTION LIMIT FOR
INDIVIDUALS.
(a) Contribution Limit for State Committees of Political Parties.--
Section 315(a)(1) of the Federal Election Campaign Act of 1971 (2
U.S.C. 441a(a)(1)) is amended--
(1) in subparagraph (B), by striking ``or'' at the end;
(2) in subparagraph (C)--
(A) by inserting ``(other than a committee
described in subparagraph (D))'' after ``committee'';
and
(B) by striking the period at the end and inserting
``; or''; and
(3) by adding at the end the following:
``(D) to a political committee established and maintained
by a State committee of a political party in any calendar year
that, in the aggregate, exceed $10,000''.
(b) Aggregate Contribution Limit for Individual.--Section 315(a)(3)
of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(3)) is
amended by striking ``$25,000'' and inserting ``$30,000''.
SEC. 103. REPORTING REQUIREMENTS.
(a) Reporting Requirements.--Section 304 of the Federal Election
Campaign Act of 1971 (2 U.S.C. 434) (as amended by section 204) is
amended by inserting after subsection (d) the following:
``(e) Political Committees.--
``(1) National and congressional political committees.--The
national committee of a political party, any national
congressional campaign committee of a political party, and any
subordinate committee of either, shall report all receipts and
disbursements during the reporting period.
``(2) Other political committees to which section 323
applies.--In addition to any other reporting requirements
applicable under this Act, a political committee (not described
in paragraph (1)) to which section 323(b)(1) applies shall
report all receipts and disbursements made for activities
described in paragraph (2)(A) of section 323(b).
``(3) Itemization.--If a political committee has receipts
or disbursements to which this subsection applies from any
person aggregating in excess of $200 for any calendar year, the
political committee shall separately itemize its reporting for
such person in the same manner as required in paragraphs
(3)(A), (5), and (6) of subsection (b).
``(4) Reporting periods.--Reports required to be filed
under this subsection shall be filed for the same time periods
required for political committees under subsection (a).''.
(b) Building Fund Exception to the Definition of Contribution.--
Section 301(8)(B) of the Federal Election Campaign Act of 1971 (2
U.S.C. 431(8)(B)) is amended--
(1) by striking clause (viii); and
(2) by redesignating clauses (ix) through (xv) as clauses
(viii) through (xiv), respectively.
TITLE II--INDEPENDENT AND COORDINATED EXPENDITURES
SEC. 201. DEFINITIONS.
(a) Definition of Independent Expenditure.--Section 301 of the
Federal Election Campaign Act (2 U.S.C. 431) is amended by striking
paragraph (17) and inserting the following:
``(17) Independent expenditure.--
``(A) In general.--The term `independent
expenditure' means an expenditure by a person--
``(i) for a communication that is express
advocacy; and
``(ii) that is not coordinated activity or
is not provided in coordination with a
candidate or a candidate's agent or a person
who is coordinating with a candidate or a
candidate's agent.''.
(b) Definition of Express Advocacy.--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) Express advocacy.--
``(A) In general.--The term `express advocacy'
means a communication that advocates the election or
defeat of a candidate by--
``(i) containing a phrase such as `vote
for', `re-elect', `support', `cast your ballot
for', `(name of candidate) for Congress',
`(name of candidate) in 1997', `vote against',
`defeat', `reject', or a campaign slogan or
words that in context can have no reasonable
meaning other than to advocate the election or
defeat of one or more clearly identified
candidates;
``(ii) referring to one or more clearly
identified candidates in a paid advertisement
that is transmitted through radio or television
within 60 calendar days preceding the date of
an election of the candidate and that appears
in the State in which the election is
occurring, except that with respect to a
candidate for the office of Vice President or
President, the time period is within 60
calendar days preceding the date of a general
election; or
``(iii) expressing unmistakable and
unambiguous support for or opposition to one or
more clearly identified candidates when taken
as a whole and with limited reference to
external events, such as proximity to an
election.
``(B) Voting record and voting guide exception.--
The term `express advocacy' does not include a
communication which is in printed form or posted on the
Internet that--
``(i) presents information solely about the
voting record or position on a campaign issue
of one or more candidates (including any
statement by the sponsor of the voting record
or voting guide of its agreement or
disagreement with the record or position of a
candidate), so long as the voting record or
voting guide when taken as a whole does not
express unmistakable and unambiguous support
for or opposition to one or more clearly
identified candidates;
``(ii) is not coordinated activity or is
not made in coordination with a candidate,
political party, or agent of the candidate or
party, or a candidate's agent or a person who
is coordinating with a candidate or a
candidate's agent, except that nothing in this
clause may be construed to prevent the sponsor
of the voting guide from directing questions in
writing to a candidate about the candidate's
position on issues for purposes of preparing a
voter guide or to prevent the candidate from
responding in writing to such questions; and
``(iii) does not contain a phrase such as
`vote for', `re-elect', `support', `cast your
ballot for', `(name of candidate) for
Congress', `(name of candidate) in (year)',
`vote against', `defeat', or `reject', or a
campaign slogan or words that in context can
have no reasonable meaning other than to urge
the election or defeat of one or more clearly
identified candidates.''.
(c) Definition of Expenditure.--Section 301(9)(A) of the Federal
Election Campaign Act of 1971 (2 U.S.C. 431(9)(A)) is amended--
(1) in clause (i), by striking ``and'' at the end;
(2) in clause (ii), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(iii) a payment made by a political committee for a
communication that--
``(I) refers to a clearly identified candidate; and
``(II) is for the purpose of influencing a Federal
election (regardless of whether the communication is
express advocacy).''.
SEC. 202. EXPRESS ADVOCACY DETERMINED WITHOUT REGARD TO BACKGROUND
MUSIC.
Section 301(20) of the Federal Election Campaign Act of 1971 (2
U.S.C. 431(20)), as added by section 201(b), is amended by adding at
the end the following new subparagraph:
``(C) Background music.--In determining whether any
communication by television or radio broadcast
constitutes express advocacy for purposes of this Act,
there shall not be taken into account any background
music not including lyrics used in such broadcast.''.
SEC. 203. CIVIL PENALTY.
Section 309 of the Federal Election Campaign Act of 1971 (2 U.S.C.
437g) is amended--
(1) in subsection (a)--
(A) in paragraph (4)(A)--
(i) in clause (i), by striking ``clause
(ii)'' and inserting ``clauses (ii) and
(iii)''; and
(ii) by adding at the end the following:
``(iii) If the Commission determines by an affirmative vote of 4 of
its members that there is probable cause to believe that a person has
made a knowing and willful violation of section 304(c), the Commission
shall not enter into a conciliation agreement under this paragraph and
may institute a civil action for relief under paragraph (6)(A).''; and
(B) in paragraph (6)(B), by inserting ``(except an
action instituted in connection with a knowing and
willful violation of section 304(c))'' after
``subparagraph (A)''; and
(2) in subsection (d)(1)--
(A) in subparagraph (A), by striking ``Any person''
and inserting ``Except as provided in subparagraph (D),
any person''; and
(B) by adding at the end the following:
``(D) In the case of a knowing and willful violation of section
304(c) that involves the reporting of an independent expenditure, the
violation shall not be subject to this subsection.''.
SEC. 204. REPORTING REQUIREMENTS FOR CERTAIN INDEPENDENT EXPENDITURES.
(a) In General.--Section 304 of the Federal Election Campaign Act
of 1971 (2 U.S.C. 434), as amended by section 502(a) of the Department
of Transportation and Related Agencies Act, 2001 (as enacted into law
by reference under section 101(a) of Public Law 106-346), is amended--
(1) in subsection (c)(2), by striking the undesignated
matter after subparagraph (C);
(2) by redesignating paragraph (3) of subsection (c) as
subsection (f);
(3) by redesignating subsection (d) as subsection (g); and
(4) by inserting after subsection (c)(2) (as amended by
paragraph (1)) the following:
``(d) Time for Reporting Certain Expenditures.--
``(1) Expenditures aggregating $1,000.--
``(A) Initial report.--A person (including a
political committee) that makes or contracts to make
independent expenditures aggregating $1,000 or more
after the 20th day, but more than 24 hours, before the
date of an election shall file a report describing the
expenditures within 24 hours after that amount of
independent expenditures has been made.
``(B) Additional reports.--After a person files a
report under subparagraph (A), the person shall file an
additional report within 24 hours after each time the
person makes or contracts to make independent
expenditures aggregating an additional $1,000 with
respect to the same election as that to which the
initial report relates.
``(2) Expenditures aggregating $10,000.--
``(A) Initial report.--A person (including a
political committee) that makes or contracts to make
independent expenditures aggregating $10,000 or more at
any time up to and including the 20th day before the
date of an election shall file a report describing the
expenditures within 48 hours after that amount of
independent expenditures has been made.
``(B) Additional reports.--After a person files a
report under subparagraph (A), the person shall file an
additional report within 48 hours after each time the
person makes or contracts to make independent
expenditures aggregating an additional $10,000 with
respect to the same election as that to which the
initial report relates.
``(3) Place of filing; contents.--A report under this
subsection--
``(A) shall be filed with the Commission; and
``(B) shall contain the information required by
subsection (b)(6)(B)(iii), including the name of each
candidate whom an expenditure is intended to support or
oppose.
``(4) Time of filing.--Notwithstanding subsection (a)(5),
the time at which a report under this subsection is received by
the Commission shall be considered the time of filing of the
report.''.
(b) Conforming Amendments.--
(1) Time of filing.--Section 304(a)(5) of such Act (2
U.S.C. 434(a)(5)), as amended by section 502(c)(2) of the
Department of Transportation and Related Agencies Act, 2001 (as
enacted into law by reference under section 101(a) of Public
Law 106-346), is amended by striking ``the second sentence of
subsection (c)(2)'' and inserting ``subsection (d)(4)''.
(2) Clarification of permissible use of facsimile machines
and electronic mail to file reports.--Section 304(d)(1) of such
Act (2 U.S.C. 434(d)(1)), as added by section 502(a) of the
Department of Transportation and Related Agencies Act, 2001 (as
enacted into law by reference under section 101(a) of Public
Law 106-346), is amended by striking ``subsection (c) of this
section'' and inserting ``subsection (c) or a report under
subsection (d)''.
SEC. 205. INDEPENDENT VERSUS COORDINATED EXPENDITURES BY PARTY.
Section 315(d) of the Federal Election Campaign Act (2 U.S.C.
441a(d)) is amended--
(1) in paragraph (1), by striking ``and (3)'' and inserting
``, (3), and (4)''; and
(2) by adding at the end the following:
``(4) Independent Versus Coordinated Expenditures by Party.--
``(A) In general.--On or after the date on which a
political party nominates a candidate, a committee of the
political party shall not make both expenditures under this
subsection and independent expenditures (as defined in section
301(17)) with respect to the candidate during the election
cycle.
``(B) Certification.--Before making a coordinated
expenditure under this subsection with respect to a candidate,
a committee of a political party shall file with the Commission a
certification, signed by the treasurer of the committee, that the
committee has not and shall not make any independent expenditure with
respect to the candidate during the same election cycle.
``(C) Application.--For the purposes of this paragraph, all
political committees established and maintained by a national
political party (including all congressional campaign
committees) and all political committees established and
maintained by a State political party (including any
subordinate committee of a State committee) shall be considered
to be a single political committee.
``(D) Transfers.--A committee of a political party that
submits a certification under subparagraph (B) with respect to
a candidate shall not, during an election cycle, transfer any
funds to, assign authority to make coordinated expenditures
under this subsection to, or receive a transfer of funds from,
a committee of the political party that has made or intends to
make an independent expenditure with respect to the candidate.
``(5) Determination of Coordination by a Political Party.--For
purposes of this title, if a committee of a political party makes any
expenditure which refers to a clearly identified candidate of that
party, or to the opponent of a candidate of that party, in connection
with a Federal election, the expenditure shall be deemed to be made in
coordination with the candidate of that party (regardless of whether
the communication expressly advocates a vote for or against any
candidate), unless the party certifies under penalty of perjury that
there has been no coordination with the candidate in the making of the
expenditure.''.
SEC. 206. COORDINATION WITH CANDIDATES.
(a) Definition of Coordination With Candidates.--
(1) Section 301(8).--Section 301(8) of the Federal Election
Campaign Act of 1971 (2 U.S.C. 431(8)) is amended--
(A) in subparagraph (A)--
(i) by striking ``or'' at the end of clause
(i);
(ii) by striking the period at the end of
clause (ii) and inserting ``; or''; and
(iii) by adding at the end the following:
``(iii) coordinated activity (as defined in
subparagraph (C)).''; and
(B) by adding at the end the following:
``(C) `Coordinated activity' means anything of
value provided by a person in connection with a Federal
candidate's election who is (or who at any time during
the same election cycle has been) acting in
coordination with that candidate (or an agent of that
candidate) on any campaign activity in connection with
a Federal election in which such candidate seeks
nomination or election to Federal office (regardless of
whether the value provided is in the form of a
communication which expressly advocates a vote for or
against any candidate), and includes any of the
following:
``(i) A payment made by a person in
cooperation, consultation, or concert with, at
the request or suggestion of, or pursuant to
any general or particular understanding with a
candidate, the candidate's authorized
committee, the political party of the
candidate, or an agent acting on behalf of a
candidate, authorized committee, or the
political party of the candidate.
``(ii) A payment made by a person for the
production, dissemination, distribution, or
republication, in whole or in part, of any
broadcast or any written, graphic, or other
form of campaign material prepared by a
candidate, a candidate's authorized committee,
or an agent of a candidate or authorized
committee (not including a communication
described in paragraph (9)(B)(i) or a
communication that expressly advocates the
candidate's defeat), except that this clause
shall not apply with respect to materials
published on a candidate's website and
republished at a cost of less than $1,000.
``(iii) A payment made by a person if, in
the same election cycle in which the payment is
made, the person making the payment--
``(I) is serving or has previously
served as an employee, fundraiser, or
agent of the candidate or the
candidate's authorized committee in an
executive or policymaking capacity; or
``(II) has previously participated
in discussions (other than on an
incidental basis) with the candidate,
an agent of the candidate's authorized
committee, or a committee of a
political party which is coordinating
with the candidate regarding the
candidate's campaign strategy and
tactics, including (but not limited to)
advertising, message, allocation of
resources, fundraising, or campaign
operations.
``(iv) A payment made by a person if, in
the same election cycle, the person making the
payment retains the professional services of
any person that has provided or is providing
those services in the same election cycle to a
candidate (including services provided through
a political committee of the candidate's
political party) in connection with the
candidate's pursuit of nomination for election,
or election, to Federal office, including
services relating to the candidate's decision
to seek Federal office, and the person retained
is retained to work on activities relating to
that candidate's campaign.
``(D) For purposes of subparagraph (C), the term
`professional services' means polling, media advice,
fundraising, campaign research or direct mail (except
for mailhouse services) services in support of a
candidate's pursuit of nomination for election, or
election, to Federal office.
``(E) For purposes of subparagraph (C), all
political committees established and maintained by a
national political party (including all congressional
campaign committees) and all political committees
established and maintained by a State political party
(including any subordinate committee of a State
committee) shall be considered to be a single political
committee.''.
(2) Section 315(a)(7).--Section 315(a)(7) (2 U.S.C.
441a(a)(7)) is amended by striking subparagraph (B) and
inserting the following:
``(B) a coordinated activity, as described in
section 301(8)(C), shall be considered to be a
contribution to the candidate and an expenditure by the
candidate; and''.
(b) Meaning of Contribution or Expenditure for the Purposes of
Section 316.--Section 316(b)(2) of the Federal Election Campaign Act of
1971 (2 U.S.C. 441b(b)(2)) is amended by striking ``shall include'' and
inserting ``includes a contribution or expenditure, as those terms are
defined in section 301, and also includes''.
TITLE III--DISCLOSURE
SEC. 301. PROHIBITION OF DEPOSIT OF CONTRIBUTIONS WITH INCOMPLETE
CONTRIBUTOR INFORMATION.
Section 302 of Federal Election Campaign Act of 1971 (2 U.S.C. 432)
is amended by adding at the end the following:
``(j) Deposit of Contributions.--The treasurer of a candidate's
authorized committee shall not deposit, except in an escrow account, or
otherwise negotiate a contribution from a person who makes an aggregate
amount of contributions in excess of $200 during a calendar year unless
the treasurer verifies that the information required by this section
with respect to the contributor is complete.''.
SEC. 302. AUDITS.
(a) Random Audits.--Section 311(b) of the Federal Election Campaign
Act of 1971 (2 U.S.C. 438(b)) is amended--
(1) by inserting ``(1) In general.--'' before ``The
Commission'';
(2) by moving the text 2 ems to the right; and
(3) by adding at the end the following:
``(2) Random audits.--
``(A) In general.--Notwithstanding paragraph (1),
the Commission may conduct random audits and
investigations to ensure voluntary compliance with this
Act. The selection of any candidate for a random audit
or investigation shall be based on criteria adopted by
a vote of at least four members of the Commission.
``(B) Limitation.--The Commission shall not conduct
an audit or investigation of a candidate's authorized
committee under subparagraph (A) until the candidate is
no longer a candidate for the office sought by the
candidate in an election cycle.
``(C) Applicability.--This paragraph does not apply
to an authorized committee of a candidate for President
or Vice President subject to audit under section 9007
or 9038 of the Internal Revenue Code of 1986.''.
(b) Extension of Period During Which Campaign Audits May Be
Begun.--Section 311(b) of the Federal Election Campaign Act of 1971 (2
U.S.C. 438(b)) is amended by striking ``6 months'' and inserting ``12
months''.
SEC. 303. REPORTING REQUIREMENTS FOR CONTRIBUTIONS OF $50 OR MORE.
Section 304(b)(3)(A) of the Federal Election Campaign Act at 1971
(2 U.S.C. 434(b)(3)(A) is amended--
(1) by striking ``$200'' and inserting ``$50''; and
(2) by striking the semicolon and inserting ``, except that
in the case of a person who makes contributions aggregating at
least $50 but not more than $200 during the calendar year (or
election cycle, in the case of an authorized committee of a
candidate for Federal office), the identification need include
only the name and address of the person;''.
SEC. 304. USE OF CANDIDATES' NAMES.
Section 302(e) of the Federal Election Campaign Act of 1971 (2
U.S.C. 432(e)) is amended by striking paragraph (4) and inserting the
following:
``(4)(A) The name of each authorized committee shall include the
name of the candidate who authorized the committee under paragraph (1).
``(B) A political committee that is not an authorized committee
shall not--
``(i) include the name of any candidate in its name; or
``(ii) except in the case of a national, State, or local
party committee, use the name of any candidate in any activity
on behalf of the committee in such a context as to suggest that
the committee is an authorized committee of the candidate or
that the use of the candidate's name has been authorized by the
candidate.''.
SEC. 305. PROHIBITION OF FALSE REPRESENTATION TO SOLICIT CONTRIBUTIONS.
Section 322 of the Federal Election Campaign Act of 1971 (2 U.S.C.
441h) is amended--
(1) by inserting after ``Sec. 322.'' the following: ``(a)
In General.--''; and
(2) by adding at the end the following:
``(b) Solicitation of Contributions.--No person shall solicit
contributions by falsely representing himself or herself as a candidate
or as a representative of a candidate, a political committee, or a
political party.''.
SEC. 306. SOFT MONEY OF PERSONS OTHER THAN POLITICAL PARTIES.
(a) In General.--Section 304 of the Federal Election Campaign Act
of 1971 (2 U.S.C. 434) (as amended by section 103(c) and section 204)
is amended by adding at the end the following new subsection:
``(h) Disbursements of Persons Other Than Political Parties.--
``(1) In general.--A person, other than a political
committee of a political party or a person described in section
501(d) of the Internal Revenue Code of 1986, that makes an
aggregate amount of disbursements in excess of $50,000 during a
calendar year for activities described in paragraph (2) shall
file a statement with the Commission--
``(A) on a monthly basis as described in subsection
(a)(4)(B); or
``(B) in the case of disbursements that are made
within 20 days of an election, within 24 hours after
the disbursements are made.
``(2) Activity.--The activity described in this paragraph
is--
``(A) Federal election activity;
``(B) an activity described in section 316(b)(2)(A)
that expresses support for or opposition to a candidate
for Federal office or a political party; and
``(C) an activity described in subparagraph (B) or
(C) of section 316(b)(2).
``(3) Applicability.--This subsection does not apply to--
``(A) a candidate or a candidate's authorized
committees; or
``(B) an independent expenditure.
``(4) Contents.--A statement under this section shall
contain such information about the disbursements made during
the reporting period as the Commission shall prescribe,
including--
``(A) the aggregate amount of disbursements made;
``(B) the name and address of the person or entity
to whom a disbursement is made in an aggregate amount
in excess of $200;
``(C) the date made, amount, and purpose of the
disbursement; and
``(D) if applicable, whether the disbursement was
in support of, or in opposition to, a candidate or a
political party, and the name of the candidate or the
political party.''.
(b) Definition of Generic Campaign Activity.--Section 301 of the
Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) (as
amended by section 201(b)) is further amended by adding at the end the
following:
``(21) Generic campaign activity.--The term `generic
campaign activity' means an activity that promotes a political
party and does not promote a candidate or non-Federal
candidate.''.
SEC. 307. CAMPAIGN ADVERTISING.
Section 318 of the Federal Election Campaign Act of 1971 (2 U.S.C.
441d) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``Whenever'' and inserting
``Whenever a political committee makes a
disbursement for the purpose of financing any
communication through any broadcasting station,
newspaper, magazine, outdoor advertising
facility, mailing, or any other type of general
public political advertising, or whenever'';
(ii) by striking ``an expenditure'' and
inserting ``a disbursement''; and
(iii) by striking ``direct''; and
(B) in paragraph (3), by inserting ``and permanent
street address'' after ``name''; and
(2) by adding at the end the following:
``(c) Any printed communication described in subsection (a) shall--
``(1) be of sufficient type size to be clearly readable by
the recipient of the communication;
``(2) be contained in a printed box set apart from the
other contents of the communication; and
``(3) be printed with a reasonable degree of color contrast
between the background and the printed statement.
``(d)(1) Any communication described in paragraphs (1) or (2) of
subsection (a) which is transmitted through radio or television shall
include, in addition to the requirements of that paragraph, an audio
statement by the candidate that identifies the candidate and states
that the candidate has approved the communication.
``(2) If a communication described in paragraph (1) is transmitted
through television, the communication shall include, in addition to the
audio statement under paragraph (1), a written statement that--
``(A) appears at the end of the communication in a clearly
readable manner with a reasonable degree of color contrast
between the background and the printed statement, for a period
of at least 4 seconds; and
``(B) is accompanied by a clearly identifiable photographic
or similar image of the candidate.
``(e) Any communication described in paragraph (3) of subsection
(a) which is transmitted through radio or television shall include, in
addition to the requirements of that paragraph, in a clearly spoken
manner, the following statement: `________________ is responsible for
the content of this advertisement.' (with the blank to be filled in
with the name of the political committee or other person paying for the
communication and the name of any connected organization of the payor).
If transmitted through television, the statement shall also appear in a
clearly readable manner with a reasonable degree of color contrast
between the background and the printed statement, for a period of at
least 4 seconds.''.
TITLE IV--PERSONAL WEALTH OPTION
SEC. 401. VOLUNTARY PERSONAL FUNDS EXPENDITURE LIMIT.
Title III of the Federal Election Campaign Act of 1971 (2 U.S.C.
431 et seq.), as amended by section 101, is further amended by adding
at the end the following new section:
``voluntary personal funds expenditure limit
``Sec. 324. (a) Eligible Congressional Candidate.--
``(1) Primary election.--
``(A) Declaration.--A candidate for election for
Senator or Representative in or Delegate or Resident
Commissioner to the Congress is an eligible primary
election Congressional candidate if the candidate files
with the Commission a declaration that the candidate
and the candidate's authorized committees will not make
expenditures in excess of the personal funds
expenditure limit.
``(B) Time to file.--The declaration under
subparagraph (A) shall be filed not later than the date
on which the candidate files with the appropriate State
officer as a candidate for the primary election.
``(2) General election.--
``(A) Declaration.--A candidate for election for
Senator or Representative in or Delegate or Resident
Commissioner to the Congress is an eligible general
election Congressional candidate if the candidate files
with the Commission--
``(i) a declaration under penalty of
perjury, with supporting documentation as
required by the Commission, that the candidate
and the candidate's authorized committees did
not exceed the personal funds expenditure limit
in connection with the primary election; and
``(ii) a declaration that the candidate and
the candidate's authorized committees will not
make expenditures in excess of the personal
funds expenditure limit.
``(B) Time to file.--The declaration under
subparagraph (A) shall be filed not later than 7 days
after the earlier of--
``(i) the date on which the candidate
qualifies for the general election ballot under
State law; or
``(ii) if under State law, a primary or
run-off election to qualify for the general
election ballot occurs after September 1, the
date on which the candidate wins the primary or
runoff election.
``(b) Personal Funds Expenditure Limit.--
``(1) In general.--The aggregate amount of expenditures
that may be made in connection with an election by an eligible
Congressional candidate or the candidate's authorized
committees from the sources described in paragraph (2) shall
not exceed $50,000.
``(2) Sources.--A source is described in this paragraph if
the source is--
``(A) personal funds of the candidate and members
of the candidate's immediate family; or
``(B) proceeds of indebtedness incurred by the
candidate or a member of the candidate's immediate
family.
``(c) Certification by the Commission.--
``(1) In general.--The Commission shall determine whether a
candidate has met the requirements of this section and, based
on the determination, issue a certification stating whether the
candidate is an eligible Congressional candidate.
``(2) Time for certification.--Not later than 7 business
days after a candidate files a declaration under paragraph (1)
or (2) of subsection (a), the Commission shall certify whether
the candidate is an eligible Congressional candidate.
``(3) Revocation.--The Commission shall revoke a
certification under paragraph (1), based on information
submitted in such form and manner as the Commission may require
or on information that comes to the Commission by other means,
if the Commission determines that a candidate violates the
personal funds expenditure limit.
``(4) Determinations by commission.--A determination made
by the Commission under this subsection shall be final, except
to the extent that the determination is subject to examination
and audit by the Commission and to judicial review.
``(d) Penalty.--If the Commission revokes the certification of an
eligible Congressional candidate--
``(1) the Commission shall notify the candidate of the
revocation; and
``(2) the candidate and a candidate's authorized committees
shall pay to the Commission an amount equal to the amount of
expenditures made by a national committee of a political party
or a State committee of a political party in connection with
the general election campaign of the candidate under section
315(d).''.
SEC. 402. POLITICAL PARTY COMMITTEE COORDINATED EXPENDITURES.
Section 315(d) of the Federal Election Campaign Act of 1971 (2
U.S.C. 441a(d)) (as amended by section 205) is amended by adding at the
end the following:
``(6) This subsection does not apply to expenditures made in
connection with the general election campaign of a candidate for
Senator or Representative in or Delegate or Resident Commissioner to
the Congress who is not an eligible Congressional candidate (as defined
in section 324(a)).''.
TITLE V--MISCELLANEOUS
SEC. 501. CODIFICATION OF BECK DECISION.
Section 8 of the National Labor Relations Act (29 U.S.C. 158) is
amended by adding at the end the following new subsection:
``(h) Nonunion Member Payments to Labor Organization.--
``(1) In general.--It shall be an unfair labor practice for
any labor organization which receives a payment from an
employee pursuant to an agreement that requires employees who
are not members of the organization to make payments to such
organization in lieu of organization dues or fees not to
establish and implement the objection procedure described in
paragraph (2).
``(2) Objection procedure.--The objection procedure
required under paragraph (1) shall meet the following
requirements:
``(A) The labor organization shall annually provide
to employees who are covered by such agreement but are
not members of the organization--
``(i) reasonable personal notice of the
objection procedure, a list of the employees
eligible to invoke the procedure, and the time,
place, and manner for filing an objection; and
``(ii) reasonable opportunity to file an
objection to paying for organization
expenditures supporting political activities
unrelated to collective bargaining, including
but not limited to the opportunity to file such
objection by mail.
``(B) If an employee who is not a member of the
labor organization files an objection under the
procedure in subparagraph (A), such organization
shall--
``(i) reduce the payments in lieu of
organization dues or fees by such employee by
an amount which reasonably reflects the ratio
that the organization's expenditures supporting
political activities unrelated to collective
bargaining bears to such organization's total
expenditures; and
``(ii) provide such employee with a
reasonable explanation of the organization's
calculation of such reduction, including
calculating the amount of organization
expenditures supporting political activities
unrelated to collective bargaining.
``(3) Definition.--In this subsection, the term
`expenditures supporting political activities unrelated to
collective bargaining' means expenditures in connection with a
Federal, State, or local election or in connection with efforts
to influence legislation unrelated to collective bargaining.''.
SEC. 502. USE OF CONTRIBUTED AMOUNTS FOR CERTAIN PURPOSES.
Title III of the Federal Election Campaign Act of 1971 (2 U.S.C.
431 et seq.) is amended by striking section 313 and inserting the
following:
``use of contributed amounts for certain purposes
``Sec. 313. (a) Permitted Uses.--A contribution accepted by a
candidate, and any other amount received by an individual as support
for activities of the individual as a holder of Federal office, may be
used by the candidate or individual--
``(1) for expenditures in connection with the campaign for
Federal office of the candidate or individual;
``(2) for ordinary and necessary expenses incurred in
connection with duties of the individual as a holder of Federal
office;
``(3) for contributions to an organization described in
section 170(c) of the Internal Revenue Code of 1986; or
``(4) for transfers to a national, State, or local
committee of a political party.
``(b) Prohibited Use.--
``(1) In general.--A contribution or amount described in
subsection (a) shall not be converted by any person to personal
use.
``(2) Conversion.--For the purposes of paragraph (1), a
contribution or amount shall be considered to be converted to
personal use if the contribution or amount is used to fulfill
any commitment, obligation, or expense of a person that would
exist irrespective of the candidate's election campaign or
individual's duties as a holder of Federal officeholder,
including--
``(A) a home mortgage, rent, or utility payment;
``(B) a clothing purchase;
``(C) a non campaign-related automobile expense;
``(D) a country club membership;
``(E) a vacation or other non campaign-related
trip;
``(F) a household food item;
``(G) a tuition payment;
``(H) admission to a sporting event, concert,
theater, or other form of entertainment not associated
with an election campaign; and
``(I) dues, fees, and other payments to a health
club or recreational facility.''.
SEC. 503. LIMIT ON CONGRESSIONAL USE OF THE FRANKING PRIVILEGE.
Section 3210(a)(6) of title 39, United States Code, is amended by
striking subparagraph (A) and inserting the following:
``(A) A Member of Congress shall not mail any mass
mailing as franked mail during the 180-day period which
ends on the date of the general election for the office
held by the Member or during the 90-day period which
ends on the date of any primary election for that
office, unless the Member has made a public
announcement that the Member will not be a candidate
for reelection during that year or for election to any
other Federal office.''.
SEC. 504. PROHIBITION OF FUNDRAISING ON FEDERAL PROPERTY.
Section 607 of title 18, United States Code, is amended--
(1) by striking subsection (a) and inserting the following:
``(a) Prohibition.--
``(1) In general.--It shall be unlawful for any person to
solicit or receive a donation of money or other thing of value
in connection with a Federal, State, or local election from a
person who is located in a room or building occupied in the
discharge of official duties by an officer or employee of the
United States. An individual who is an officer or employee of
the Federal Government, including the President, Vice
President, and Members of Congress, shall not solicit a
donation of money or other thing of value in connection with a
Federal, State, or local election while in any room or building
occupied in the discharge of official duties by an officer or
employee of the United States, from any person.
``(2) Penalty.--A person who violates this section shall be
fined not more than $5,000, imprisoned more than 3 years, or
both.''; and
(2) in subsection (b), by inserting ``or Executive Office
of the President'' after ``Congress''.
SEC. 505. PENALTIES FOR VIOLATIONS.
(a) Increased Penalties.--Section 309(a) of the Federal Election
Campaign Act of 1971 (2 U.S.C. 437g(a)) is amended--
(1) in paragraphs (5)(A), (6)(A), and (6)(B), by striking
``$5,000'' and inserting ``$10,000''; and
(2) in paragraphs (5)(B) and (6)(C), by striking ``$10,000
or an amount equal to 200 percent'' and inserting ``$20,000 or
an amount equal to 300 percent''.
(b) Equitable Remedies.--Section 309(a)(5)(A) of the Federal
Election Campaign Act of 1971 (2 U.S.C. 437g(a)(5)) is amended by
striking the period at the end and inserting ``, and may include
equitable remedies or penalties, including disgorgement of funds to the
Treasury or community service requirements (including requirements to
participate in public education programs).''.
(c) Automatic Penalty for Late Filing.--Section 309(a) of the
Federal Election Campaign Act of 1971 (2 U.S.C. 437g(a)) is amended--
(1) by adding at the end the following:
``(13) Penalty for Late Filing.--
``(A) In general.--
``(i) Monetary penalties.--The Commission shall
establish a schedule of mandatory monetary penalties
that shall be imposed by the Commission for failure to
meet a time requirement for filing under section 304.
``(ii) Required filing.--In addition to imposing a
penalty, the Commission may require a report that has
not been filed within the time requirements of section
304 to be filed by a specific date.
``(iii) Procedure.--A penalty or filing requirement
imposed under this paragraph shall not be subject to
paragraph (1), (2), (3), (4), (5), or (12).
``(iv) Effect on other schedules of penalties for
filing violations.--In establishing the schedule of
penalties under clause (i), the Commission shall take
into consideration the penalties provided for
violations of section 304(a) under the schedule of
penalties established under paragraph (4)(C)(i)(II).
``(B) Filing an exception.--
``(i) Time to file.--A political committee shall
have 30 days after the imposition of a penalty or
filing requirement by the Commission under this
paragraph in which to file an exception with the
Commission.
``(ii) Time for commission to rule.--Within 30 days
after receiving an exception, the Commission shall make
a determination that is a final agency action subject
to exclusive review by the United States Court of
Appeals for the District of Columbia Circuit under
section 706 of title 5, United States Code, upon
petition filed in that court by the political committee
or treasurer that is the subject of the agency action,
if the petition is filed within 30 days after the date
of the Commission action for which review is sought.'';
(2) in paragraph (5)(D)--
(A) by inserting after the first sentence the
following: ``In any case in which a penalty or filing
requirement imposed on a political committee or
treasurer under paragraph (13) has not been satisfied,
the Commission may institute a civil action for
enforcement under paragraph (6)(A).''; and
(B) by inserting before the period at the end of
the last sentence the following: ``or has failed to pay
a penalty or meet a filing requirement imposed under
paragraph (13)''; and
(3) in paragraph (6)(A), by striking ``paragraph (4)'' and
inserting ``paragraph (4) or (13)''.
SEC. 506. STRENGTHENING FOREIGN MONEY BAN.
(a) In General.--Section 319 of the Federal Election Campaign Act
of 1971 (2 U.S.C. 441e) is amended--
(1) by striking the heading and inserting the following:
``contributions and donations by foreign nationals''; and
(2) by striking subsection (a) and inserting the following:
``(a) Prohibition.--It shall be unlawful for--
``(1) a foreign national, directly or indirectly, to make--
``(A) a donation of money or other thing of value,
or to promise expressly or impliedly to make a
donation, in connection with a Federal, State, or local
election; or
``(B) a contribution or donation to a committee of
a political party; or
``(2) a person to solicit, accept, or receive such a
contribution or donation from a foreign national.''.
(b) Prohibiting Use of Willful Blindness as Defense Against Charge
of Violating Foreign Contribution Ban.--
(1) In general.--Section 319 of such Act (2 U.S.C. 441e) is
amended--
(A) by redesignating subsection (b) as subsection
(c); and
(B) by inserting after subsection (a) the following
new subsection:
``(b) Prohibiting Use of Willful Blindness Defense.--It shall not
be a defense to a violation of subsection (a) that the defendant did
not know that the contribution originated from a foreign national if
the defendant should have known that the contribution originated from a
foreign national, except that the trier of fact may not find that the
defendant should have known that the contribution originated from a
foreign national solely because of the name of the contributor.''.
(2) Effective date.--The amendments made by this subsection
shall apply with respect to violations occurring on or after
the date of the enactment of this Act.
SEC. 507. PROHIBITION OF CONTRIBUTIONS BY MINORS.
Title III of the Federal Election Campaign Act of 1971 (2 U.S.C.
431 et seq.), as amended by sections 101 and 401, is further amended by
adding at the end the following new section:
``prohibition of contributions by minors
``Sec. 325. An individual who is 17 years old or younger shall not
make a contribution to a candidate or a contribution or donation to a
committee of a political party.''.
SEC. 508. EXPEDITED PROCEDURES.
(a) In General.--Section 309(a) of the Federal Election Campaign
Act of 1971 (2 U.S.C. 437g(a)) (as amended by section 505(c)) is
amended by adding at the end the following:
``(14)(A) If the complaint in a proceeding was filed within 60 days
preceding the date of a general election, the Commission may take
action described in this subparagraph.
``(B) If the Commission determines, on the basis of facts alleged
in the complaint and other facts available to the Commission, that
there is clear and convincing evidence that a violation of this Act has
occurred, is occurring, or is about to occur, the Commission may order
expedited proceedings, shortening the time periods for proceedings
under paragraphs (1), (2), (3), and (4) as necessary to allow the
matter to be resolved in sufficient time before the election to avoid
harm or prejudice to the interests of the parties.
``(C) If the Commission determines, on the basis of facts alleged
in the complaint and other facts available to the Commission, that the
complaint is clearly without merit, the Commission may--
``(i) order expedited proceedings, shortening the time
periods for proceedings under paragraphs (1), (2), (3), and (4)
as necessary to allow the matter to be resolved in sufficient
time before the election to avoid harm or prejudice to the
interests of the parties; or
``(ii) if the Commission determines that there is
insufficient time to conduct proceedings before the election,
summarily dismiss the complaint.''.
(b) Referral to Attorney General.--Section 309(a)(5) of the Federal
Election Campaign Act of 1971 (2 U.S.C. 437g(a)(5)) is amended by
striking subparagraph (C) and inserting the following:
``(C) The Commission may at any time, by an affirmative vote of at
least 4 of its members, refer a possible violation of this Act or
chapter 95 or 96 of the Internal Revenue Code of 1986, to the Attorney
General of the United States, without regard to any limitation set
forth in this section.''.
SEC. 509. INITIATION OF ENFORCEMENT PROCEEDING.
Section 309(a)(2) of the Federal Election Campaign Act of 1971 (2
U.S.C. 437g(a)(2)) is amended by striking ``reason to believe that''
and inserting ``reason to investigate whether''.
SEC. 510. PROTECTING EQUAL PARTICIPATION OF ELIGIBLE VOTERS IN
CAMPAIGNS AND ELECTIONS.
Title III of the Federal Election Campaign Act of 1971 (2 U.S.C.
431 et seq.), as amended by sections 101, 401, and 507, is further
amended by adding at the end the following new section:
``protecting equal participation of eligible voters in campaigns and
elections
``Sec. 326. (a) In General.--Nothing in this Act may be construed
to prohibit any individual eligible to vote in an election for Federal
office from making contributions or expenditures in support of a
candidate for such an election (including voluntary contributions or
expenditures made through a separate segregated fund established by the
individual's employer or labor organization) or otherwise participating
in any campaign for such an election in the same manner and to the same
extent as any other individual eligible to vote in an election for such
office.
``(b) No Effect on Geographic Restrictions on Contributions.--
Subsection (a) may not be construed to affect any restriction under
this title regarding the portion of contributions accepted by a
candidate from persons residing in a particular geographic area.''.
SEC. 511. PENALTY FOR VIOLATION OF PROHIBITION AGAINST FOREIGN
CONTRIBUTIONS.
(a) In General.--Section 319 of the Federal Election Campaign Act
of 1971 (2 U.S.C. 441e), as amended by section 506(b), is further
amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection:
``(c) Penalty.--
``(1) In general.--Except as provided in paragraph (2),
notwithstanding any other provision of this title any person
who violates subsection (a) shall be sentenced to a term of
imprisonment which may not be more than 10 years, fined in an
amount not to exceed $1,000,000, or both.
``(2) Exception.--Paragraph (1) shall not apply with
respect to any violation of subsection (a) arising from a
contribution or donation made by an individual who is lawfully
admitted for permanent residence (as defined in section
101(a)(22) of the Immigration and Nationality Act).''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to violations occurring on or after the date of the
enactment of this Act.
SEC. 512. EXPEDITED COURT REVIEW OF CERTAIN ALLEGED VIOLATIONS OF
FEDERAL ELECTION CAMPAIGN ACT OF 1971.
(a) In General.--Section 309 of the Federal Election Campaign Act
of 1971 (2 U.S.C. 437g) is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection:
``(d) Notwithstanding any other provision of this section, if a
candidate (or the candidate's authorized committee) believes that a
violation described in paragraph (2) has been committed with respect to
an election during the 90-day period preceding the date of the
election, the candidate or committee may institute a civil action on
behalf of the Commission for relief (including injunctive relief)
against the alleged violator in the same manner and under the same
terms and conditions as an action instituted by the Commission under
subsection (a)(6), except that the court involved shall issue a
decision regarding the action as soon as practicable after the action
is instituted and to the greatest extent possible issue the decision
prior to the date of the election involved.
``(2) A violation described in this paragraph is a violation of
this Act or of chapter 95 or chapter 96 of the Internal Revenue Code of
1986 relating to--
``(A) whether a contribution is in excess of an applicable
limit or is otherwise prohibited under this Act; or
``(B) whether an expenditure is an independent expenditure
under section 301(17).''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to elections occurring after the date of the
enactment of this Act.
SEC. 513. CONSPIRACY TO VIOLATE PRESIDENTIAL CAMPAIGN SPENDING LIMITS.
(a) In General.--Section 9003 of the Internal Revenue Code of 1986
(26 U.S.C. 9003) is amended by adding at the end the following new
subsection:
``(g) Prohibiting Conspiracy To Violate Limits.--
``(1) Violation of limits described.--If a candidate for
election to the office of President or Vice President who
receives amounts from the Presidential Election Campaign Fund
under chapter 95 or 96 of the Internal Revenue Code of 1986, or
the agent of such a candidate, seeks to avoid the spending
limits applicable to the candidate under such chapter or under
the Federal Election Campaign Act of 1971 by soliciting,
receiving, transferring, or directing funds from any source
other than such Fund for the direct or indirect benefit of such
candidate's campaign, such candidate or agent shall be fined
not more than $1,000,000, or imprisoned for a term of not more
than 3 years, or both.
``(2) Conspiracy to violate limits defined.--If two or more
persons conspire to violate paragraph (1), and one or more of
such persons do any act to effect the object of the conspiracy,
each shall be fined not more than $1,000,000, or imprisoned for
a term of not more than 3 years, or both.''.
(b) Effective Date.--The amendment made by this section shall apply
with respect to elections occurring on or after the date of the
enactment of this Act.
SEC. 514. DEPOSIT OF CERTAIN CONTRIBUTIONS AND DONATIONS IN TREASURY
ACCOUNT.
(a) In General.--Title III of the Federal Election Campaign Act of
1971 (2 U.S.C. 431 et seq.), as amended by sections 101, 401, 507, and
510, is further amended by adding at the end the following new section:
``treatment of certain contributions and donations to be returned to
donors
``Sec. 327. (a) Transfer to Commission.--
``(1) In general.--Notwithstanding any other provision of
this Act, if a political committee intends to return any
contribution or donation given to the political committee, the
committee shall transfer the contribution or donation to the
Commission if--
``(A) the contribution or donation is in an amount
equal to or greater than $500 (other than a
contribution or donation returned within 60 days of
receipt by the committee); or
``(B) the contribution or donation was made in
violation of section 315, 316, 317, 319, 320, or 325
(other than a contribution or donation returned within
30 days of receipt by the committee).
``(2) Information included with transferred contribution or
donation.--A political committee shall include with any
contribution or donation transferred under paragraph (1)--
``(A) a request that the Commission return the
contribution or donation to the person making the
contribution or donation; and
``(B) information regarding the circumstances
surrounding the making of the contribution or donation
and any opinion of the political committee concerning
whether the contribution or donation may have been made
in violation of this Act.
``(3) Establishment of escrow account.--
``(A) In general.--The Commission shall establish a
single interest-bearing escrow account for deposit of
amounts transferred under paragraph (1).
``(B) Disposition of amounts received.--On
receiving an amount from a political committee under
paragraph (1), the Commission shall--
``(i) deposit the amount in the escrow
account established under subparagraph (A); and
``(ii) notify the Attorney General and the
Commissioner of the Internal Revenue Service of
the receipt of the amount from the political
committee.
``(C) Use of interest.--Interest earned on amounts
in the escrow account established under subparagraph
(A) shall be applied or used for the same purposes as
the donation or contribution on which it is earned.
``(4) Treatment of returned contribution or donation as a
complaint.--The transfer of any contribution or donation to the
Commission under this section shall be treated as the filing of
a complaint under section 309(a).
``(b) Use of Amounts Placed in Escrow To Cover Fines and
Penalties.--The Commission or the Attorney General may require any
amount deposited in the escrow account under subsection (a)(3) to be
applied toward the payment of any fine or penalty imposed under this
Act or title 18, United States Code, against the person making the
contribution or donation.
``(c) Return of Contribution or Donation After Deposit in Escrow.--
``(1) In general.--The Commission shall return a
contribution or donation deposited in the escrow account under
subsection (a)(3) to the person making the contribution or
donation if--
``(A) within 180 days after the date the
contribution or donation is transferred, the Commission
has not made a determination under section 309(a)(2)
that the Commission has reason to investigate whether
that the making of the contribution or donation was
made in violation of this Act; or
``(B)(i) the contribution or donation will not be
used to cover fines, penalties, or costs pursuant to
subsection (b); or
``(ii) if the contribution or donation will be used
for those purposes, that the amounts required for those
purposes have been withdrawn from the escrow account
and subtracted from the returnable contribution or
donation.
``(2) No effect on status of investigation.--The return of
a contribution or donation by the Commission under this
subsection shall not be construed as having an effect on the
status of an investigation by the Commission or the Attorney
General of the contribution or donation or the circumstances
surrounding the contribution or donation, or on the ability of
the Commission or the Attorney General to take future actions
with respect to the contribution or donation.''.
(b) Amounts Used To Determine Amount of Penalty for Violation.--
Section 309(a) of such Act (2 U.S.C. 437g(a)) is amended by inserting
after paragraph (9) the following new paragraph:
``(10) For purposes of determining the amount of a civil penalty
imposed under this subsection for violations of section 326, the amount
of the donation involved shall be treated as the amount of the
contribution involved.''.
(c) Disgorgement Authority.--Section 309 of such Act (2 U.S.C.
437g) is amended by adding at the end the following new subsection:
``(e) Any conciliation agreement, civil action, or criminal action
entered into or instituted under this section may require a person to
forfeit to the Treasury any contribution, donation, or expenditure that
is the subject of the agreement or action for transfer to the
Commission for deposit in accordance with section 326.''.
(d) Effective Date.--The amendments made by subsections (a) and (b)
shall apply to contributions or donations refunded on or after the date
of the enactment of this Act, without regard to whether the Federal
Election Commission or Attorney General has issued regulations to carry
out section 326 of the Federal Election Campaign Act of 1971 (as added
by subsection (a)) by such date.
SEC. 515. ESTABLISHMENT OF A CLEARINGHOUSE OF INFORMATION ON POLITICAL
ACTIVITIES WITHIN THE FEDERAL ELECTION COMMISSION.
(a) Establishment.--There shall be established within the Federal
Election Commission a clearinghouse of public information regarding the
political activities of foreign principals and agents of foreign
principals. The information comprising this clearinghouse shall include
only the following:
(1) All registrations and reports filed pursuant to the
Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et seq.) during
the preceding 5-year period.
(2) All registrations and reports filed pursuant to the
Foreign Agents Registration Act, as amended (22 U.S.C. 611 et
seq.), during the preceding 5-year period.
(3) The listings of public hearings, hearing witnesses, and
witness affiliations printed in the Congressional Record during
the preceding 5-year period.
(4) Public information disclosed pursuant to the rules of
the Senate or the House of Representatives regarding honoraria,
the receipt of gifts, travel, and earned and unearned income.
(5) All reports filed pursuant to title I of the Ethics in
Government Act of 1978 (5 U.S.C. App.) during the preceding 5-
year period.
(6) All public information filed with the Federal Election
Commission pursuant to the Federal Election Campaign Act of
1971 (2 U.S.C. 431 et seq.) during the preceding 5-year period.
(b) Disclosure of Other Information Prohibited.--The disclosure by
the clearinghouse, or any officer or employee thereof, of any
information other than that set forth in subsection (a) is prohibited,
except as otherwise provided by law.
(c) Director of Clearinghouse.--
(1) Duties.--The clearinghouse shall have a Director, who
shall administer and manage the responsibilities and all
activities of the clearinghouse. In carrying out such duties,
the Director shall--
(A) develop a filing, coding, and cross-indexing
system to carry out the purposes of this section (which
shall include an index of all persons identified in the
reports, registrations, and other information
comprising the clearinghouse);
(B) notwithstanding any other provision of law,
make copies of registrations, reports, and other
information comprising the clearinghouse available for
public inspection and copying, beginning not later than
30 days after the information is first available to the
public, and permit copying of any such registration,
report, or other information by hand or by copying
machine or, at the request of any person, furnish a
copy of any such registration, report, or other
information upon payment of the cost of making and
furnishing such copy, except that no information
contained in such registration or report and no such
other information shall be sold or used by any person
for the purpose of soliciting contributions or for any
profit-making purpose; and
(C) not later than 150 days after the date of the
enactment of this Act and at any time thereafter, to
prescribe, in consultation with the Comptroller
General, such rules, regulations, and forms, in
conformity with the provisions of chapter 5 of title 5,
United States Code, as are necessary to carry out the
provisions of this section in the most effective and
efficient manner.
(2) Appointment.--The Director shall be appointed by the
Federal Election Commission.
(3) Term of service.--The Director shall serve a single
term of a period of time determined by the Commission, but not
to exceed 5 years.
(d) Penalties for Disclosure of Information.--Any person who
discloses information in violation of subsection (b), and any person
who sells or uses information for the purpose of soliciting
contributions or for any profit-making purpose in violation of
subsection (c)(1)(B), shall be imprisoned for a period of not more than
1 year, or fined in the amount provided in title 18, United States
Code, or both.
(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to conduct the activities of
the clearinghouse.
(f) Foreign Principal.--In this section, the term ``foreign
principal'' shall have the same meaning given the term ``foreign
national'' under section 319 of the Federal Election Campaign Act of
1971 (2 U.S.C. 441e), as in effect as of the date of the enactment of
this Act.
SEC. 516. ENFORCEMENT OF SPENDING LIMIT ON PRESIDENTIAL AND VICE
PRESIDENTIAL CANDIDATES WHO RECEIVE PUBLIC FINANCING.
(a) In General.--Section 9003 of the Internal Revenue Code of 1986
(26 U.S.C. 9003) is amended by adding at the end the following new
subsection:
``(f) Illegal Solicitation of Soft Money.--No candidate for
election to the office of President or Vice President may receive
amounts from the Presidential Election Campaign Fund under this chapter
or chapter 96 unless the candidate certifies that the candidate shall
not solicit any funds for the purposes of influencing such election,
including any funds used for an independent expenditure under the
Federal Election Campaign Act of 1971, unless the funds are subject to
the limitations, prohibitions, and reporting requirements of the
Federal Election Campaign Act of 1971.''.
(b) Effective Date.--The amendment made by this section shall apply
with respect to elections occurring on or after the date of the
enactment of this Act.
SEC. 517. CLARIFICATION OF RIGHT OF NATIONALS OF THE UNITED STATES TO
MAKE POLITICAL CONTRIBUTIONS.
Section 319(d)(2) of the Federal Election Campaign Act of 1971 (2
U.S.C. 441e(d)(2)), as amended and redesignated by sections 506(b) and
511(a), is further amended by inserting after ``United States'' the
following: ``or a national of the United States (as defined in section
101(a)(22) of the Immigration and Nationality Act)''.
TITLE VI--INDEPENDENT COMMISSION ON CAMPAIGN FINANCE REFORM
SEC. 601. ESTABLISHMENT AND PURPOSE OF COMMISSION.
There is established a commission to be known as the ``Independent
Commission on Campaign Finance Reform'' (referred to in this title as
the ``Commission''). The purposes of the Commission are to study the
laws relating to the financing of political activity and to report and
recommend legislation to reform those laws.
SEC. 602. MEMBERSHIP OF COMMISSION.
(a) Composition.--The Commission shall be composed of 12 members
appointed within 15 days after the date of the enactment of this Act by
the President from among individuals who are not incumbent Members of
Congress and who are specially qualified to serve on the Commission by
reason of education, training, or experience.
(b) Appointment.--
(1) In general.--Members shall be appointed as follows:
(A) Three members (one of whom shall be a political
independent) shall be appointed from among a list of
nominees submitted by the Speaker of the House of
Representatives.
(B) Three members (one of whom shall be a political
independent) shall be appointed from among a list of
nominees submitted by the majority leader of the
Senate.
(C) Three members (one of whom shall be a political
independent) shall be appointed from among a list of
nominees submitted by the minority leader of the House
of Representatives.
(D) Three members (one of whom shall be a political
independent) shall be appointed from among a list of
nominees submitted by the minority leader of the
Senate.
(2) Failure to submit list of nominees.--If an official
described in any of the subparagraphs of paragraph (1) fails to
submit a list of nominees to the President during the 15-day
period which begins on the date of the enactment of this Act--
(A) such subparagraph shall no longer apply; and
(B) the President shall appoint three members (one
of whom shall be a political independent) who meet the
requirements described in subsection (a) and such other
criteria as the President may apply.
(3) Political independent defined.--In this subsection, the
term ``political independent'' means an individual who at no
time after January 1992--
(A) has held elective office as a member of the
Democratic or Republican party;
(B) has received any wages or salary from the
Democratic or Republican party or from a Democratic or
Republican party office-holder or candidate; or
(C) has provided substantial volunteer services or
made any substantial contribution to the Democratic or
Republican party or to a Democratic or Republican party
office-holder or candidate.
(c) Chairman.--At the time of the appointment, the President shall
designate one member of the Commission as Chairman of the Commission.
(d) Terms.--The members of the Commission shall serve for the life
of the Commission.
(e) Vacancies.--A vacancy in the Commission shall be filled in the
manner in which the original appointment was made.
(f) Political Affiliation.--Not more than four members of the
Commission may be of the same political party.
SEC. 603. POWERS OF COMMISSION.
(a) Hearings.--The Commission may, for the purpose of carrying out
this title, hold hearings, sit and act at times and places, take
testimony, and receive evidence as the Commission considers
appropriate. In carrying out the preceding sentence, the Commission
shall ensure that a substantial number of its meetings are open
meetings, with significant opportunities for testimony from members of
the general public.
(b) Quorum.--Seven members of the Commission shall constitute a
quorum, but a lesser number may hold hearings. The approval of at least
nine members of the Commission is required when approving all or a
portion of the recommended legislation. Any member of the Commission
may, if authorized by the Commission, take any action which the
Commission is authorized to take under this section.
SEC. 604. ADMINISTRATIVE PROVISIONS.
(a) Pay and Travel Expenses of Members.--(1) Each member of the
Commission shall be paid at a rate equal to the daily equivalent of the
annual rate of basic pay payable for level IV of the Executive Schedule
under section 5315 of title 5, United States Code, for each day
(including travel time) during which the member is engaged in the
actual performance of duties vested in the Commission.
(2) Members of the Commission shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with sections
5702 and 5703 of title 5, United States Code.
(b) Staff Director.--The Commission shall, without regard to
section 5311(b) of title 5, United States Code, appoint a staff
director, who shall be paid at the rate of basic pay payable for level
IV of the Executive Schedule under section 5315 of title 5, United
States Code.
(c) Staff of Commission; Services.--
(1) In general.--With the approval of the Commission, the
staff director of the Commission may appoint and fix the pay of
additional personnel. The Director may make such appointments
without regard to the provisions of title 5, United States
Code, governing appointments in the competitive service, and
any personnel so appointed may be paid without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of
that title relating to classification and General Schedule pay
rates, except that an individual so appointed may not receive
pay in excess of the maximum annual rate of basic pay payable
for grade GS-15 of the General Schedule under section 5332 of
title 5, United States Code.
(2) Experts and consultants.--The Commission may procure by
contract the temporary or intermittent services of experts or
consultants pursuant to section 3109 of title 5, United States
Code.
SEC. 605. REPORT AND RECOMMENDED LEGISLATION.
(a) Report.--Not later than the expiration of the 180-day period
which begins on the date on which the second session of the One Hundred
Sixth Congress adjourns sine die, the Commission shall submit to the
President, the Speaker and minority leader of the House of
Representatives, and the majority and minority leaders of the Senate a
report of the activities of the Commission.
(b) Recommendations; Draft of Legislation.--The report under
subsection (a) shall include any recommendations for changes in the
laws (including regulations) governing the financing of political
activity (taking into account the provisions of this Act and the
amendments made by this Act), including any changes in the rules of the
Senate or the House of Representatives, to which nine or more members
of the Commission may agree, together with drafts of--
(1) any legislation (including technical and conforming
provisions) recommended by the Commission to implement such
recommendations; and
(2) any proposed amendment to the Constitution recommended
by the Commission as necessary to implement such
recommendations, except that if the Commission includes such a
proposed amendment in its report, it shall also include
recommendations (and drafts) for legislation which may be
implemented prior to the adoption of such proposed amendment.
(c) Goals of Recommendations and Legislation.--In making
recommendations and preparing drafts of legislation under this section,
the Commission shall consider the following to be its primary goals:
(1) Encouraging fair and open Federal elections which
provide voters with meaningful information about candidates and
issues.
(2) Eliminating the disproportionate influence of special
interest financing of Federal elections.
(3) Creating a more equitable electoral system for
challengers and incumbents.
SEC. 606. EXPEDITED CONGRESSIONAL CONSIDERATION OF LEGISLATION.
(a) In General.--If any legislation is introduced the substance of
which implements a recommendation of the Commission submitted under
section 605(b) (including a joint resolution proposing an amendment to
the Constitution), subject to subsection (b), the provisions of section
2908 (other than subsection (a)) of the Defense Base Closure and
Realignment Act of 1990 shall apply to the consideration of the
legislation in the same manner as such provisions apply to a joint
resolution described in section 2908(a) of such Act.
(b) Special Rules.--For purposes of applying subsection (a) with
respect to such provisions, the following rules shall apply:
(1) Any reference to the Committee on Armed Services of the
House of Representatives shall be deemed a reference to the
Committee on House Oversight of the House of Representatives
and any reference to the Committee on Armed Services of the
Senate shall be deemed a reference to the Committee on Rules
and Administration of the Senate.
(2) Any reference to the date on which the President
transmits a report shall be deemed a reference to the date on
which the recommendation involved is submitted under section
605(b).
(3) Notwithstanding subsection (d)(2) of section 2908 of
such Act--
(A) debate on the legislation in the House of
Representatives, and on all debatable motions and
appeals in connection with the legislation, shall be
limited to not more than 10 hours, divided equally
between those favoring and those opposing the
legislation;
(B) debate on the legislation in the Senate, and on
all debatable motions and appeals in connection with
the legislation, shall be limited to not more than 10
hours, divided equally between those favoring and those
opposing the legislation; and
(C) debate in the Senate on any single debatable
motion and appeal in connection with the legislation
shall be limited to not more than 1 hour, divided
equally between the mover and the manager of the bill
(except that in the event the manager of the bill is in
favor of any such motion or appeal, the time in
opposition thereto shall be controlled by the minority
leader or his designee), and the majority and minority leader may each
allot additional time from time under such leader's control to any
Senator during the consideration of any debatable motion or appeal.
SEC. 607. TERMINATION.
The Commission shall cease to exist 90 days after the date of the
submission of its report under section 605.
SEC. 608. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Commission such sums
as are necessary to carry out its duties under this title.
TITLE VII--PROHIBITING USE OF WHITE HOUSE MEALS AND ACCOMMODATIONS FOR
POLITICAL FUNDRAISING
SEC. 701. PROHIBITING USE OF WHITE HOUSE MEALS AND ACCOMMODATIONS FOR
POLITICAL FUNDRAISING.
(a) In General.--Chapter 29 of title 18, United States Code, is
amended by adding at the end the following new section:
``Sec. 612. Prohibiting use of meals and accommodations at White House
for political fundraising
``(a) It shall be unlawful for any person to provide or offer to
provide any meals or accommodations at the White House in exchange for
any money or other thing of value, or as a reward for the provision of
any money or other thing of value, in support of any political party or
the campaign for electoral office of any candidate.
``(b) Any person who violates this section shall be fined under
this title or imprisoned not more than 3 years, or both.
``(c) For purposes of this section, any official residence or
retreat of the President (including private residential areas and the
grounds of such a residence or retreat) shall be treated as part of the
White House.''.
(b) Clerical Amendment.--The table of sections for chapter 29 of
title 18, United States Code, is amended by adding at the end the
following new item:
``612. Prohibiting use of meals and accommodations at White House for
political fundraising.''.
TITLE VIII--SENSE OF THE CONGRESS REGARDING FUNDRAISING ON FEDERAL
GOVERNMENT PROPERTY
SEC. 801. SENSE OF THE CONGRESS REGARDING APPLICABILITY OF CONTROLLING
LEGAL AUTHORITY TO FUNDRAISING ON FEDERAL GOVERNMENT
PROPERTY.
It is the sense of the Congress that Federal law clearly
demonstrates that ``controlling legal authority'' under title 18,
United States Code, prohibits the use of Federal Government property to
raise campaign funds.
TITLE IX--PROHIBITING SOLICITATION TO OBTAIN ACCESS TO CERTAIN FEDERAL
GOVERNMENT PROPERTY
SEC. 901. PROHIBITION AGAINST ACCEPTANCE OR SOLICITATION TO OBTAIN
ACCESS TO CERTAIN FEDERAL GOVERNMENT PROPERTY.
(a) In General.--Chapter 11 of title 18, United States Code, is
amended by adding at the end the following new section:
``Sec. 226. Acceptance or solicitation to obtain access to certain
Federal Government property
``Whoever solicits or receives anything of value in consideration
of providing a person with access to Air Force One, Marine One, Air
Force Two, Marine Two, the White House, or the Vice President's
residence, shall be fined under this title, or imprisoned not more than
one year, or both.''.
(b) Clerical Amendment.--The table of sections for chapter 11 of
title 18, United States Code, is amended by adding at the end the
following new item:
``226. Acceptance or solicitation to obtain access to certain Federal
Government property.''.
TITLE X--REIMBURSEMENT FOR USE OF GOVERNMENT PROPERTY FOR CAMPAIGN
ACTIVITY
SEC. 1001. REQUIRING NATIONAL PARTIES TO REIMBURSE AT COST FOR USE OF
AIR FORCE ONE FOR POLITICAL FUNDRAISING.
Title III of the Federal Election Campaign Act of 1971 (2 U.S.C.
431 et seq.), as amended by sections 101, 401, 507, 510, and 515, is
further amended by adding at the end the following new section:
``reimbursement by political parties for use of air force one for
political fundraising
``Sec. 328. (a) In General.--If the President, Vice President, or
the head of any executive department (as defined in section 101 of
title 5, United States Code) uses Air Force One for transportation for
any travel which includes a fundraising event for the benefit of any
political committee of a national political party, such political
committee shall reimburse the Federal Government for the fair market
value of the transportation of the individual involved, based on the
cost of an equivalent commercial chartered flight.
``(b) Air Force One Defined.--In subsection (a), the term `Air
Force One' means the airplane operated by the Air Force which has been
specially configured to carry out the mission of transporting the
President.''.
SEC. 1002. REIMBURSEMENT FOR USE OF GOVERNMENT EQUIPMENT FOR CAMPAIGN-
RELATED TRAVEL.
Title III of the Federal Election Campaign Act of 1971 (2 U.S.C.
431 et seq.), as amended by sections 101, 401, 507, 510, 515, and 1001,
is further amended by adding at the end the following new section:
``reimbursement for use of government equipment for campaign-related
travel
``Sec. 329. If a candidate for election for Federal office (other
than a candidate who holds Federal office) uses Federal government
property as a means of transportation for purposes related (in whole or
in part) to the campaign for election for such office, the principal
campaign committee of the candidate shall reimburse the Federal
government for the costs associated with providing the
transportation.''.
TITLE XI--PROHIBITING USE OF WALKING AROUND MONEY
SEC. 1101. PROHIBITING CAMPAIGNS FROM PROVIDING CURRENCY TO INDIVIDUALS
FOR PURPOSES OF ENCOURAGING TURNOUT ON DATE OF ELECTION.
Title III of the Federal Election Campaign Act of 1971 (2 U.S.C.
431 et seq.), as amended by sections 101, 401, 507, 510, 515, and 1001,
is further amended by adding at the end the following new section:
``prohibiting use of currency to promote election day turnout
``Sec. 329. It shall be unlawful for any political committee to
provide currency to any individual (directly or through an agent of the
committee) for purposes of encouraging the individual to appear at the
polling place for the election.''.
TITLE XII--ENHANCING ENFORCEMENT OF CAMPAIGN LAW
SEC. 1201. ENHANCING ENFORCEMENT OF CAMPAIGN FINANCE LAW.
(a) Mandatory Imprisonment for Criminal Conduct.--Section
309(d)(1)(A) of the Federal Election Campaign Act of 1971 (2 U.S.C.
437g(d)(1)(A)) is amended--
(1) in the first sentence, by striking ``shall be fined, or
imprisoned for not more than one year, or both'' and inserting
``shall be imprisoned for not fewer than 1 year and not more
than 10 years''; and
(2) by striking the second sentence.
(b) Concurrent Authority of Attorney General To Bring Criminal
Actions.--Section 309(d) of such Act (2 U.S.C. 437g(d)) is amended by
adding at the end the following new paragraph:
``(4) In addition to the authority to bring cases referred pursuant
to subsection (a)(5), the Attorney General may at any time bring a
criminal action for a violation of this Act or of chapter 95 or chapter
96 of the Internal Revenue Code of 1986.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to actions brought with respect to elections
occurring after January 2001.
TITLE XIII--BAN ON COORDINATED SOFT MONEY ACTIVITIES BY PRESIDENTIAL
CANDIDATES
SEC. 1301. BAN ON COORDINATION OF SOFT MONEY FOR ISSUE ADVOCACY BY
PRESIDENTIAL CANDIDATES RECEIVING PUBLIC FINANCING.
(a) In General.--Section 9003 of the Internal Revenue Code of 1986
(26 U.S.C. 9003) is amended by adding at the end the following new
subsection:
``(f) Ban on Coordination of Soft Money for Issue Advocacy.--
``(1) In general.--No candidate for election to the office
of President or Vice President who is certified to receive
amounts from the Presidential Election Campaign Fund under this
chapter or chapter 96 may coordinate the expenditure of any
funds for issue advocacy with any political party unless the
funds are subject to the limitations, prohibitions, and
reporting requirements of the Federal Election Campaign Act of
1971.
``(2) Issue advocacy defined.--In this section, the term
`issue advocacy' means any activity carried out for the purpose
of influencing the consideration or outcome of any Federal
legislation or the issuance or outcome of any Federal
regulations, or educating individuals about candidates for
election for Federal office or any Federal legislation, law, or
regulations (without regard to whether the activity is carried
out for the purpose of influencing any election for Federal
office).''.
(b) Effective Date.--The amendment made by this section shall apply
with respect to elections occurring on or after the date of the
enactment of this Act.
TITLE XIV--POSTING NAMES OF CERTAIN AIR FORCE ONE PASSENGERS ON
INTERNET
SEC. 1401. REQUIREMENT THAT NAMES OF PASSENGERS ON AIR FORCE ONE AND
AIR FORCE TWO BE MADE AVAILABLE THROUGH THE INTERNET.
(a) In General.--The President shall make available through the
Internet the name of any non-Government person who is a passenger on an
aircraft designated as Air Force One or Air Force Two not later than 30
days after the date that the person is a passenger on such aircraft.
(b) Exception.--Subsection (a) shall not apply in a case in which
the President determines that compliance with such subsection would be
contrary to the national security interests of the United States. In
any such case, not later than 30 days after the date that the person
whose name will not be made available through the Internet was a
passenger on the aircraft, the President shall submit to the chairman
and ranking member of the Permanent Select Committee on Intelligence of
the House of Representatives and of the Select Committee on
Intelligence of the Senate--
(1) the name of the person; and
(2) the justification for not making such name available
through the Internet.
(c) Definition of Person.--As used in this Act, the term ``non-
Government person'' means a person who is not an officer or employee of
the United States, a member of the Armed Forces, or a Member of
Congress.
TITLE XV--EXPULSION PROCEEDINGS FOR HOUSE MEMBERS RECEIVING FOREIGN
CONTRIBUTIONS
SEC. 1501. PERMITTING CONSIDERATION OF PRIVILEGED MOTION TO EXPEL HOUSE
MEMBER ACCEPTING ILLEGAL FOREIGN CONTRIBUTION.
(a) In General.--If a Member of the House of Representatives is
convicted of a violation of section 319 of the Federal Election
Campaign Act of 1971 (or any successor provision prohibiting the
solicitation, receipt, or acceptance of a contribution from a foreign
national), the Committee on Standards of Official Conduct, shall
immediately consider the conduct of the Member and shall make a report
and recommendations to the House forthwith concerning that Member which
may include a recommendation for expulsion.
(b) Exercise of Rulemaking Authority.--This section is enacted by
Congress--
(1) as an exercise of the rulemaking power of the House of
Representatives, and as such it is deemed a part of the rules
of the House of Representatives, and it supersedes other rules
only to the extent that it is inconsistent therewith; and
(2) with full recognition of the constitutional right of
the House of Representatives to change the rule at any time, in
the same manner and to the same extent as in the case of any
other rule of the House of Representatives.
TITLE XVI--SEVERABILITY; CONSTITUTIONALITY; EFFECTIVE DATE; REGULATIONS
SEC. 1601. SEVERABILITY.
If any provision of this Act or amendment made by this Act, or the
application of a provision or amendment to any person or circumstance,
is held to be unconstitutional, the remainder of this Act and
amendments made by this Act, and the application of the provisions and
amendment to any person or circumstance, shall not be affected by the
holding.
SEC. 1602. REVIEW OF CONSTITUTIONAL ISSUES.
An appeal may be taken directly to the Supreme Court of the United
States from any final judgment, decree, or order issued by any court
ruling on the constitutionality of any provision of this Act or
amendment made by this Act.
SEC. 1603. EFFECTIVE DATE.
Except as otherwise provided in this Act, this Act and the
amendments made by this Act shall take effect upon the expiration of
the 90-day period which begins on the date of the enactment of this
Act.
SEC. 1604. REGULATIONS.
The Federal Election Commission shall prescribe any regulations
required to carry out this Act and the amendments made by this Act not
later than 45 days after the date of the enactment of this Act.
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