H.R.4037 - FEC Reform and Authorization Act of 2000106th Congress (1999-2000)
|Sponsor:||Rep. Hoyer, Steny H. [D-MD-5] (Introduced 03/21/2000)|
|Committees:||House - House Administration|
|Latest Action:||03/29/2000 Committee Hearings Held.|
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Subject — Policy Area:
- Government Operations and Politics
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Summary: H.R.4037 — 106th Congress (1999-2000)All Bill Information (Except Text)
FEC Reform and Authorization Act of 2000 - Title I: Promoting Disclosure of Campaign Information - Amends the Federal Election Campaign Act of 1971 (FECA) to require a political committee of a national political party to disclose: (1) all funds transferred to any political committee of a State or a local political party, without regard to whether or not the funds are otherwise treated as contributions or expenditures under FECA; (2) each person who donates over $200 (in amount or value) during the calendar year to any of the committee's non-Federal accounts or building fund; and (3) each person to whom the committee made a disbursement of funds from any of the committee's non-Federal accounts or building fund, together with certain additional information.
Introduced in House (03/21/2000)
(Sec. 102) Directs the Federal Election Commission (FEC) to ensure that any electronic database it maintains, which contains information on the receipts and disbursements of a political committee of a national political party, permits users to find information on the receipts and disbursements of committee Federal and non-Federal accounts.
(Sec. 103) Grants the FEC authority to waive reporting requirements or modify deadlines if it determines that such an action is consistent with the purposes of this title. Requires the FEC to publish, during each calendar quarter, a list of each waiver granted during the previous quarter.
(Sec. 104) Prohibits fraudulent misrepresentation in solicitation of contributions for or on behalf of any candidate or political party; or knowing and willful participation in or conspiracy to participate in any plan, scheme, or design to violate this prohibition.
(Sec. 105) Subjects to regulation under FECA: (1) as a contribution any gift, subscription, loan, advance, or deposit of money or anything of value made by any person for the purpose of influencing any clearly identified individual to seek nomination or election to Federal office; and (2) as an expenditure any purchase, payment, distribution, loan, advance, deposit, or gift of money or anything of value made by any person for the purpose of influencing any clearly identified individual to seek such nomination or election. Applies this regulation to corporations and labor organizations.
(Sec. 106) Permits the principal campaign committees of candidates for the House of Representatives or the Senate to file their reports on a monthly basis instead of quarterly or semiannually, as otherwise required. Requires monthly filers also to file: (1) a pre-primary election report (although the FEC may waive it if the primary occurs within the first 20 days of a month); and (2) (in lieu of monthly reports due in November and December of such year) pre-general election, post-general election, and year-end reports.
(Sec. 107) Sets uniform 15-day deadlines for semiannual, year-end, and monthly reports.
(Sec. 108) Requires electronic filings accessible by computers to be accessible by facsimile (FAX) machines or electronic mail in the case of any report required to be filed within 24 hours after the transaction reported has occurred.
(Sec. 109) Deems the actual receipt of certain independent expenditure reports within 24 hours by the appropriate recipient to be the time of filing (thus requiring actual receipt of such reports within 24 hours).
(Sec. 110) Requires certain multicandidate political action committees (PACs) to file monthly reports in presidential election years.
(Sec. 111) Makes additional reporting requirements changes requiring: (1) the principal campaign committee of a candidate to provide appropriate notice, in writing, of any contribution of $1,000 or more received by any authorized committee of such candidate during the period which begins on the 20th day before an election and ends upon the closing of the polls (currently, received by any such authorized committee after the 20th day, but more than 48 hours before, any election); (2) such notification to be made within 24 (currently, 48) hours after the receipt of such contribution; (3) certain reports currently required to be filed cumulatively during the calendar year to which they relate, in the case of any such report which is the first report required to be filed after the date of an election, to include a statement of the total contributions received and expenditures made as of the election date; and (4) establishment of the status of election cycle reporting vs. calendar year reporting of certain expenditures and disbursements.
Title II: Contributions and Expenditures - Repeals the current requirement that contributions to a candidate in a non-election year be considered as made during the election year (thus allowing an individual to make up to $25,000 in contributions during a non-election year as well as in an election year.)
(Sec. 202) Revises the prohibition against direct or indirect campaign contributions by foreign nationals to specify donations and other disbursements as prohibited.
Codifies applicable Federal regulations for the stated purpose of prohibiting use of foreign funds by PACs and for protecting the equal participation of eligible voters in campaigns and elections for Federal office.
(Sec. 203) Excludes from the meaning of contribution any lines of credit obtained by candidates (including brokerage accounts, credit cards, and home equity lines of credit) if they constitute commercially reasonable loans.
(Sec. 204) Prohibits the separate segregated political fund established by a corporation, labor organization, or other specified entity from causing another person to make a contribution or expenditure by physical force, job discrimination, financial reprisals, or the threat of force, job discrimination, or financial reprisal.
(Sec. 205) Repeals the requirement that the annual estimate by the Secretary of Commerce of the U.S. voting age population specify such population by congressional district. Postpones the deadline: (1) for the annual voting age population estimate from the first week of each January to February 15; and (2) for the Secretary of Labor's annual estimate of the change in the consumer price index from the beginning of each calendar year to February 15.
(Sec. 206) Repeals the exclusion from the meaning of contribution (thus including as a contribution) any unreimbursed payment for travel expenses (honorarium) made by any individual on behalf of any candidate or any political committee of a political party, regardless of the cumulative value of such activity.
(Sec. 207) Prohibits any candidate or political committee from accepting any contributions of U.S. currency or the currency of any foreign country from any person which, in the aggregate, exceed $100.
Title III: Promoting Enforcement of Campaign Finance Laws - Amends the Federal criminal code to authorize the FEC to issue orders granting immunity to witnesses in criminal cases who refuse to testify on the grounds of possible self-incrimination.
(Sec. 302) Amends the Treasury and Government Appropriations Act, 2000 to make permanent the authority of the FEC, in the case of a violation of any requirement for the reporting of receipts or disbursements, to employ the following alternative procedures for imposition of penalties: (1) find (after written notice and an opportunity for a hearing on the record) that a person committed such a violation on the basis of information obtained pursuant to specified current procedures; and (2) based on such finding, require the person to pay a civil money penalty in an amount determined under a schedule of penalties the FEC establishes and publishes, which takes into account the amount of the violation involved, the existence of previous violations by the person, and such other factors as the FEC considers appropriate.
(Sec. 303) Extends from six months to 12 months after an election the period for audits for cause of a candidate's authorized committee.
(Sec. 304) Revises the standard for initiation of actions to replace "reason to believe a person has committed, or is about to commit" a violation of FECA or specified tax law with "reason to seek additional information regarding a possible violation" of FECA or such tax law that has occurred or is about to occur.
(Sec. 305) Confers on any member of the FEC (currently, only the chairman or vice-chairman) the authority to sign subpoenas and reason-to-believe (alleged violation) notifications.
(Sec. 306) Includes under FECA enforcement provisions: (1) prescribed language for the written notice of a complaint provided by the FEC to an alleged violator; (2) authority for the FEC to seek a temporary restraining order or preliminary injunction; and (3) permission for the FEC to refer possible violations to the Attorney General without regard to any limitation set forth under such enforcement provisions.
Title IV: Public Financing of Presidential Election Campaigns - Amends the Internal Revenue Code (IRC) to increase from 20 to 30 the number of States in each of which a presidential candidate must raise from residents more than $5,000 in contributions in order to be eligible for matching payments from the Presidential Primary Matching Payment Account.
(Sec. 402) Amends FECA to repeal the aggregate State expenditure limits for presidential primary candidates.
(Sec. 403) Repeals the separate limit on expenditures for fundraising for primary candidates. Restricts to the general election the current exclusion from the meaning of expenditure of any costs incurred for fundraising on behalf of a presidential candidate (currently the exclusion applies to both primary and general elections). Increases from $10 million to $12 million the limit on expenditures in a campaign for nomination for President.
(Sec. 404) Amends the IRC to make ineligible for payments from the Presidential Election Campaign Fund or the Presidential Primary Matching Payment Account any candidate who: (1) has been convicted of willfully violating any provision of the Code with respect to the Fund or the Account; (2) has failed to make any required repayment; or (3) would not be eligible to serve as President if elected.
(Sec. 405) Requires the deposit of repayments into the Presidential Election Campaign Fund instead of (as currently) the general fund of the Treasury.
(Sec. 406) Amends FECA to prohibit contributions (except in accordance with specified restrictions) to presidential candidates certified to receive public financing.
Title V: Other Miscellaneous Provisions - Amends FECA to authorize appropriations to the FEC for FY 2001.
(Sec. 502) Directs FEC (directly or by contract), upon the request of the National Voting System Board, to: (1) update the current national voting systems standards and conduct ongoing analyses of the technological advances to the equipment; and (2) publish such updated standards.
(Sec. 503) Amends FECA to abolish the ex officio membership on FEC of the Clerk of House of Representatives and the Secretary of Senate.
Title VI: Effective Date - Sets forth the effective date of this Act.