(Sec. 102) Establishes an individual annual limit of $10,000 for State committee contributions. Increases the aggregate individual contribution limit to $10,000.
(Sec. 103) Requires national and State committees to report all receipts and disbursements. Repeals the building fund exception to the definition of contribution.
Title II: Independent and Coordinated Expenditures - Subtitle A: Electioneering Communications - Amends FECA to: (1) require every person who makes a disbursement for broadcast electioneering communications, as defined, in an aggregate amount in excess of $10,000 per year to file, with the Federal Election Commission (FEC), a statement containing specified outlined information; (2) treat payment for any broadcast electioneering communication that is coordinated with a candidate or an authorized committee of such candidate, a Federal, State, or local political party or committee thereof, as a contribution to such candidate and as an expenditure by such candidate; and (3) set forth special operating rules prohibiting corporate and labor disbursements for electioneering communications.
Subtitle B: Independent and Coordinated Expenditures - Amends FECA: (1) to define the term "independent expenditure" as an expenditure by a person expressly advocating the election or defeat of a clearly identified candidate and that is not provided in coordination with a candidate; (2) regarding independent expenditure reporting requirements; (3) to revise the penalty for knowing and willful violations Act involving statements by other than political committees, prohibiting conciliation agreements and authorizing a civil action for relief in such situations; (4) to prohibit a party making both independent and coordinated expenditures with respect to a candidate during the same election cycle; (5) to define the term "coordinated activity" to mean anything of value provided by a person in coordination with a candidate for the purpose of influencing a Federal election in which such candidate seeks nomination or election to Federal office (with specific listed examples); and (6) to consider such a coordinated activity to be a contribution to the candidate, and in the case of a limitation on expenditures, treats such activity as an expenditure by the candidate.
Title III: Disclosure - Amends FECA with regard to the use of computers and fax machines in filing FEC reports to require filing in an electronic form accessible by computers if there are, or there is a reason to expect to have, aggregate contributions or expenditures in excess of a FEC- determined threshold amount. Directs the FEC to make such a report publicly accessible on the Internet within 24 hours of its receipt. Requires designations, statements, and reports filed by Senate candidates to be filed directly with the FEC.
(Sec. 302) Prohibits the treasurer of a candidate's authorized committee from depositing, except in an escrow account, or otherwise negotiating a contribution from a person who makes an aggregate amount of contributions in excess of $200 during a calendar year unless the treasurer verifies specified contributor information.
(Sec. 303) Amends audit provisions, authorizing FEC random audits and investigations to ensure voluntary FECA compliance.
(Sec. 304) Modifies reporting requirements for contributions of $50 or more.
(Sec. 305) Requires the name of each authorized committee to include the name of the candidate who authorized the committee and prohibits a political committee that is not an authorized committee (except in the case of a national, State, or local party committee) from using 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. 306) Prohibits any person from soliciting 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. 307) Sets forth provisions governing soft money disbursements of persons other than political parties.
Defines the term "generic campaign activity" as an activity that promotes a political party and does not promote a candidate or non- Federal candidate.
(Sec. 308) Revises campaign advertising provisions, establishing specified requirements for printed communications, and adding additional provisions governing broadcast and cablecast communications.
Title IV: Personal Wealth Option - Amends FECA to establish a voluntary personal funds expenditure limit for eligible Senate candidates in primary and general elections, provided the candidate files with FEC a declaration that the candidate and the candidate's authorized committees will not exceed such limit. Sets the voluntary personal funds expenditure limit at $50,000. Gives the FEC authority to certify such a declaration.
(Sec. 402) Exempts such certified candidates from specified FECA requirements.
Title V: Miscellaneous - Amends the National Labor Relations Act to declare it to be an unfair labor practice for a labor organization to receive payments from an employee pursuant to an agreement requiring such non-member employee to make payments in lieu of organization dues or fees without establishing a specified objection procedure under which the non-member's fees are reduced by the percent that would be used to support political activities (thus codifying the U.S. Supreme Court decision in Communications Workers of America et al. v. Beck et al).
(Sec. 502) Amends FECA to revise provisions on permitted and prohibited uses of contributed amounts by candidates and incumbents for certain purposes. Specifies prohibited kinds of conversion of such funds to personal use.
(Sec. 503) Revises Federal law concerning permitted time frames for mailing franked mail to prohibit any mass mailing as franked mail during a year in which there will be an election for the seat held by the Member of Congress during the period between January 1 of that year and the date of the general election for that Office, unless the Member has made a public announcement that the Member will not be a candidate for reelection to that year or for election to any other Federal office.
(Sec. 504) Amends the Federal criminal code to revise the prohibition against fundraising on Federal property. Prohibits an officer or employee of the Federal Government, including the President, Vice President, and Members, from soliciting a donation of money or other thing of value in connection with a Federal, State, or local election from any person while in any room or building occupied in the discharge of official duties by a Federal officer or employee. Imposes on violators a monetary penalty, imprisonment, or both. Excepts from the prohibition contributions received by the staff of the Executive Office of the President.
(Sec. 505) Amends FECA to double the penalties for knowing and willful violations of FECA, the Presidential Election Campaign Fund Act (PECFA), and the Presidential Primary Matching Payment Account Act (such Acts). Permits conciliation agreements to correct or prevent such violations to include equitable remedies or penalties, including disgorgement of funds to the Treasury, or community service requirements (including requirements to participate in public education programs).
Sets forth requirements for late filing of FECA reports, including requiring establishment of mandatory monetary penalties.
(Sec. 506) Revises the ban on contributions by foreign nationals to, among other things, include a prohibition on donations by foreign nationals.
(Sec. 507) Prohibits minors (age 17 or younger) from making contributions to candidates or contributions or donations to committees of political parties.
(Sec. 508) Permits FEC to: (1) order expedited proceedings for certain complaints; and (2) refer, at any time, to the Attorney General possible violations of such Acts.
(Sec. 509) Modifies the basis for mandatory FEC initiation of enforcement proceedings upon receipt of a complaint alleging a violation of such Acts by replacing "has reason to believe" a violation has been or is about to be committed with "has reason to investigate whether" such a violation has been or is about to be committed.
Title VI: Severability; Constitutionality; Effective Date; Regulations - Sets forth provisions regarding severability, review of constitutional issues, effective date, and FEC regulations.
[Congressional Bills 106th Congress]
[From the U.S. Government Printing Office]
[S. 26 Introduced in Senate (IS)]
106th CONGRESS
1st Session
S. 26
Entitled the ``Bipartisan Campaign Reform Act of 1999''.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 19, 1999
Mr. McCain (for himself, Mr. Feingold, Mr. Thompson, Mr. Levin, Ms.
Collins, Mr. Lieberman, Ms. Snowe, Mr. Wellstone, Mr. Jeffords, Mr.
Durbin, Mr. Schumer, Mr. Reid, Mr. Bryan, Mr. Sarbanes, Mr. Robb, Mr.
Dorgan, Mr. Moynihan, Mr. Kerry, Mr. Kerrey, Mr. Cleland, Mr. Leahy,
Mr. Bayh, Mrs. Feinstein, Mrs. Boxer, Mr. Hollings, Mr. Graham, Mr.
Johnson, and Mr. Chafee) introduced the following bill; which was read
twice and referred to the Committee on Rules and Administration
_______________________________________________________________________
A BILL
Entitled the ``Bipartisan Campaign Reform Act of 1999''.
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 Reform Act of 1999''.
(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
Subtitle A--Electioneering Communications
Sec. 201. Disclosure of electioneering communications.
Sec. 202. Coordinated communications as contributions.
Sec. 203. Prohibition of corporate and labor disbursements for
electioneering communications.
Subtitle B--Independent and Coordinated Expenditures
Sec. 211. Definition of independent expenditure.
Sec. 212. Civil penalty.
Sec. 213. Reporting requirements for certain independent expenditures.
Sec. 214. Independent versus coordinated expenditures by party.
Sec. 215. Coordination with candidates.
TITLE III--DISCLOSURE
Sec. 301. Filing of reports using computers and facsimile machines;
filing by Senate candidates with
Commission.
Sec. 302. Prohibition of deposit of contributions with incomplete
contributor information.
Sec. 303. Audits.
Sec. 304. Reporting requirements for contributions of $50 or more.
Sec. 305. Use of candidates' names.
Sec. 306. Prohibition of false representation to solicit contributions.
Sec. 307. Soft money of persons other than political parties.
Sec. 308. 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 knowing and willful violations.
Sec. 506. Strengthening foreign money ban.
Sec. 507. Prohibition of contributions by minors.
Sec. 508. Expedited procedures.
Sec. 509. Initiation of enforcement proceeding.
TITLE VI--SEVERABILITY; CONSTITUTIONALITY; EFFECTIVE DATE; REGULATIONS
Sec. 601. Severability.
Sec. 602. Review of constitutional issues.
Sec. 603. Effective date.
Sec. 604. 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:
``SEC. 323. SOFT MONEY OF POLITICAL PARTIES.
``(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.--
``(1) In general.--An amount that is expended or disbursed
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)
for Federal election activity shall be made from funds subject
to the limitations, prohibitions, and reporting requirements of
this Act.
``(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 appears on the ballot
(regardless of whether a candidate for State or
local office also appears on the ballot); and
``(iii) a communication that refers to a
clearly identified candidate (regardless of
whether a candidate for State or local office
is also mentioned or identified) and is made
for the purpose of influencing a Federal
election (regardless of whether the
communication is express advocacy).
``(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 for--
``(i) campaign activity conducted solely on
behalf of a clearly identified candidate for
State or local office, if the campaign activity
is not a Federal election activity described in
subparagraph (A);
``(ii) a contribution to a candidate for
State or local office, if 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;
``(v) the non-Federal share of a State,
district, or local party committee's
administrative and overhead expenses (but not
including the compensation in any month of an
individual who spends more than 20 percent of
the individual's time on Federal election
activity) as determined by a regulation
promulgated by the Commission to determine the
non-Federal share of a State, district, or
local party committee's administrative and
overhead expenses; and
``(vi) the cost of constructing or
purchasing an office facility or equipment for
a State, district or local committee.
``(c) Fundraising Costs.--An amount spent by a national, State,
district, or local committee of a political party, by an entity that is
established, financed, maintained, or controlled by a national, State,
district, or local committee of a political party, or by an agent or
officer of any such committee or entity, to raise funds that are used,
in whole or in part, to pay the costs of a Federal election activity
shall be made from funds subject to the limitations, prohibitions, and
reporting requirements of this Act.
``(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
Secretary of the Treasury for determination of tax-exemption under such
section).
``(e) Candidates.--
``(1) In general.--A candidate, individual holding Federal
office, or agent of a candidate or individual holding Federal
office shall not 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.
``(2) Exceptions.--
``(A) State law.--Paragraph (1) does not apply to
the solicitation or receipt 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 or receipt of funds is permitted
under State law for any activity other than a Federal
election activity.
``(B) Fundraising events.--Paragraph (1) does not
apply in the case of a candidate who attends, speaks,
or is a featured guest at a fundraising event sponsored
by 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 213) is
amended by adding at the end the following:
``(f) 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.--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
subparagraphs (A) and (B)(v) of section 323(b)(2).
``(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) Repeal of 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 (xiv) as clauses
(viii) through (xiii), respectively.
TITLE II--INDEPENDENT AND COORDINATED EXPENDITURES
Subtitle A--Electioneering Communications
SEC. 201. DISCLOSURE OF ELECTIONEERING COMMUNICATIONS.
Section 304 of the Federal Election Campaign Act of 1971 (2 U.S.C.
434) is amended by adding at the end the following new subsection:
``(d) Additional Statements on Electioneering Communications.--
``(1) Statement required.--Every person who makes a
disbursement for electioneering communications in an aggregate
amount in excess of $10,000 during any calendar year shall,
within 24 hours of each disclosure date, file with the
Commission a statement containing the information described in
paragraph (2).
``(2) Contents of statement.--Each statement required to be
filed under this subsection shall be made under penalty of
perjury and shall contain the following information:
``(A) The identification of the person making the
disbursement, of any entity sharing or exercising
direction or control over the activities of such
person, and of the custodian of the books and accounts
of the person making the disbursement.
``(B) The State of incorporation and the principal
place of business of the person making the
disbursement.
``(C) The amount of each disbursement during the
period covered by the statement and the identification
of the person to whom the disbursement was made.
``(D) The elections to which the electioneering
communications pertain and the names (if known) of the
candidates identified or to be identified.
``(E) If the disbursements were paid out of a
segregated account to which only individuals could
contribute, the names and addresses of all contributors
who contributed an aggregate amount of $500 or more to
that account during the period beginning on the first
day of the preceding calendar year and ending on the
disclosure date.
``(F) If the disbursements were paid out of funds
not described in subparagraph (E), the names and
addresses of all contributors who contributed an
aggregate amount of $500 or more to the organization or
any related entity during the period beginning on the
first day of the preceding calendar year and ending on
the disclosure date.
``(G) Whether or not any electioneering
communication is made in coordination, cooperation,
consultation, or concert with, or at the request or
suggestion of, any candidate or any authorized
committee, any political party or committee, or any
agent of the candidate, political party, or committee
and if so, the identification of any candidate, party,
committee, or agent involved.
``(3) Electioneering communication.--For purposes of this
subsection--
``(A) In general.--The term `electioneering
communication' means any broadcast from a television or
radio broadcast station which--
``(i) refers to a clearly identified
candidate for Federal office;
``(ii) is made (or scheduled to be made)
within--
``(I) 60 days before a general,
special, or runoff election for such
Federal office; or
``(II) 30 days before a primary or
preference election, or a convention or
caucus of a political party that has
authority to nominate a candidate, for
such Federal office; and
``(iii) is broadcast from a television or
radio broadcast station whose audience includes
the electorate for such election, convention,
or caucus.
``(B) Exceptions.--Such term shall not include--
``(i) communications appearing in a news
story, commentary, or editorial distributed
through the facilities of any broadcasting
station, unless such facilities are owned or
controlled by any political party, political
committee, or candidate; or
``(ii) communications which constitute
expenditures or independent expenditures under
this Act.
``(4) Disclosure date.--For purposes of this subsection,
the term `disclosure date' means--
``(A) the first date during any calendar year by
which a person has made disbursements for
electioneering communications aggregating in excess of
$10,000; and
``(B) any other date during such calendar year by
which a person has made disbursements for
electioneering communications aggregating in excess of
$10,000 since the most recent disclosure date for such
calendar year.
``(5) Contracts to disburse.--For purposes of this
subsection, a person shall be treated as having made a
disbursement if the person has contracted to make the
disbursement.
``(6) Coordination with other requirements.--Any
requirement to report under this subsection shall be in
addition to any other reporting requirement under this Act.''
SEC. 202. COORDINATED COMMUNICATIONS AS CONTRIBUTIONS.
Section 315(a)(7)(B) of the Federal Election Campaign Act of 1971
(2 U.S.C. 441a(a)(7)(B)) is amended by inserting after clause (ii) the
following:
``(iii) if--
``(I) any person makes, or
contracts to make, any payment for any
electioneering communication (within
the meaning of section 304(d)(3)); and
``(II) such payment is coordinated
with a candidate or an authorized
committee of such candidate, a Federal,
State, or local political party or
committee thereof, or an agent or
official of any such candidate, party,
or committee;
such payment or contracting shall be treated as
a contribution to such candidate and as an
expenditure by such candidate; and''.
SEC. 203. PROHIBITION OF CORPORATE AND LABOR DISBURSEMENTS FOR
ELECTIONEERING COMMUNICATIONS.
(a) In General.--Section 316(b)(2) of the Federal Election Campaign
Act of 1971 (2 U.S.C. 441b(b)(2)) is amended by inserting ``or for any
applicable electioneering communication'' before ``, but shall not
include''.
(b) Applicable Electioneering Communication.--Section 316 of such
Act is amended by adding at the end the following:
``(c) Rules Relating to Electioneering Communications.--
``(1) Applicable electioneering communication.--For
purposes of this section, the term `applicable electioneering
communication' means an electioneering communication (within
the meaning of section 304(d)(3)) which is made by--
``(A) any entity to which subsection (a) applies
other than a section 501(c)(4) organization; or
``(B) a section 501(c)(4) organization from amounts
derived from the conduct of a trade or business or from
an entity described in subparagraph (A).
``(2) Special operating rules.--For purposes of paragraph
(1), the following rules shall apply:
``(A) An electioneering communication shall be
treated as made by an entity described in paragraph
(1)(A) if--
``(i) the entity described in paragraph
(1)(A) directly or indirectly disburses any
amount for any of the costs of the
communication; or
``(ii) any amount is disbursed for the
communication by a corporation or organization
or a State or local political party or
committee thereof that receives anything of
value from the entity described in paragraph
(1)(A), except that this clause shall not apply
to any communication the costs of which are
defrayed entirely out of a segregated account
to which only individuals can contribute.
``(B) A section 501(c)(4) organization that derives
amounts from business activities or from any entity
described in paragraph (1)(A) shall be considered to
have paid for any communication out of such amounts
unless such organization paid for the communication out
of a segregated account to which only individuals can
contribute.
``(3) Definitions and rules.--For purposes of this
subsection--
``(A) the term `section 501(c)(4) organization'
means--
``(i) an organization described in section
501(c)(4) of the Internal Revenue Code of 1986
and exempt from taxation under section 501(a)
of such Code; or
``(ii) an organization which has submitted
an application to the Internal Revenue Service
for determination of its status as an
organization described in clause (i); and
``(B) a person shall be treated as having made a
disbursement if the person has contracted to make the
disbursement.
``(4) Coordination with internal revenue code.--Nothing in
this subsection shall be construed to authorize an organization
exempt from taxation under section 501(a) of the Internal
Revenue Code of 1986 from carrying out any activity which is
prohibited under such Code.''
Subtitle B--Independent and Coordinated Expenditures
SEC. 211. 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.--The term `independent
expenditure' means an expenditure by a person--
``(A) expressly advocating the election or defeat
of a clearly identified candidate; and
``(B) that 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.''
SEC. 212. 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. 213. REPORTING REQUIREMENTS FOR CERTAIN INDEPENDENT EXPENDITURES.
Section 304 of the Federal Election Campaign Act of 1971 (2 U.S.C.
434) (as amended by section 201) is amended--
(1) in subsection (c)(2), by striking the undesignated
matter after subparagraph (C); and
(2) by adding at the end the following:
``(e) 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.''.
SEC. 214. 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, on or
after the date described in subparagraph (A), has not
and shall not make any independent expenditure with
respect to the candidate during the same election
cycle.
``(C) Application.--For 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.''.
SEC. 215. 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 coordination with a
candidate, an agent of the candidate, or the political
party of the candidate or its agent for the purpose of
influencing a Federal election (regardless of whether
the value being provided is a communication that is
express advocacy) in which such candidate seeks
nomination or election to Federal office, 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).
``(iii) A payment made by a person based on
information about a candidate's plans,
projects, or needs provided to the person
making the payment by the candidate or the
candidate's agent who provides the information
with the intent that the payment be made.
``(iv) A payment made by a person if, in
the same election cycle in which the payment is
made, the person making the payment is serving
or has served as a member, employee,
fundraiser, or agent of the candidate's
authorized committee in an executive or
policymaking position.
``(v) A payment made by a person if the
person making the payment has served in any
formal policy making or advisory position with
the candidate's campaign or has participated in
formal strategic or formal policymaking
discussions (other than any discussion treated
as a lobbying contact under the Lobbying
Disclosure Act of 1995 in the case of a
candidate holding Federal office or as a
similar lobbying activity in the case of a
candidate holding State or other elective
office) with the candidate's campaign relating
to the candidate's pursuit of nomination for
election, or election, to Federal office, in
the same election cycle as the election cycle
in which the payment is made.
``(vi) 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
campaign-related 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.
``(vii) A payment made by a person who has
directly participated in fundraising activities
with the candidate or in the solicitation or
receipt of contributions on behalf of the
candidate.
``(viii) A payment made by a person who has
communicated with the candidate or an agent of
the candidate (including a communication
through a political committee of the
candidate's political party) after the
declaration of candidacy (including a pollster,
media consultant, vendor, advisor, or staff
member acting on behalf of the candidate),
about advertising message, allocation of
resources, fundraising, or other campaign
matters related to the candidate's campaign,
including campaign operations, staffing,
tactics, or strategy.
``(ix) The provision of in-kind
professional services or polling data
(including services or data provided through a
political committee of the candidate's
political party) to the candidate or
candidate's agent.
``(x) A payment made by a person who has
engaged in a coordinated activity with a
candidate described in clauses (i) through (ix)
for a communication that clearly refers to the
candidate or the candidate's opponent and is
for the purpose of influencing that
candidates's election (regardless of whether
the communication is express advocacy).
``(D) For purposes of subparagraph (C), the term
`professional services' means polling, media advice,
fundraising, campaign research or direct mail (except
for mailhouse services solely for the distribution of
voter guides as defined in section 431(20)(B)) 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 in the case of a
limitation on expenditures, shall be treated as an
expenditure by the candidate.
(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)) 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. FILING OF REPORTS USING COMPUTERS AND FACSIMILE MACHINES;
FILING BY SENATE CANDIDATES WITH COMMISSION.
(a) Use of Computer and Facsimile Machine.--Section 302(a) of the
Federal Election Campaign Act of 1971 (2 U.S.C. 434(a)) is amended by
striking paragraph (11) and inserting the following:
``(11)(A) The Commission shall promulgate a regulation
under which a person required to file a designation, statement,
or report under this Act--
``(i) is required to maintain and file a
designation, statement, or report for any calendar year
in electronic form accessible by computers if the
person has, or has reason to expect to have, aggregate
contributions or expenditures in excess of a threshold
amount determined by the Commission; and
``(ii) may maintain and file a designation,
statement, or report in electronic form or an
alternative form, including the use of a facsimile
machine, if not required to do so under the regulation
promulgated under clause (i).
``(B) The Commission shall make a designation, statement,
report, or notification that is filed electronically with the
Commission accessible to the public on the Internet not later
than 24 hours after the designation, statement, report, or
notification is received by the Commission.
``(C) In promulgating a regulation under this paragraph,
the Commission shall provide methods (other than requiring a
signature on the document being filed) for verifying
designations, statements, and reports covered by the
regulation. Any document verified under any of the methods
shall be treated for all purposes (including penalties for
perjury) in the same manner as a document verified by
signature.''.
(b) Senate Candidates File With Commission.--Title III of the
Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) is
amended--
(1) in section 302, by striking subsection (g) and
inserting the following:
``(g) Filing With the Commission.--All designations, statements,
and reports required to be filed under this Act shall be filed with the
Commission.''; and
(2) in section 304--
(A) in subsection (a)(6)(A), by striking ``the
Secretary or''; and
(B) in the matter following subsection (c)(2), by
striking ``the Secretary or''.
SEC. 302. PROHIBITION OF DEPOSIT OF CONTRIBUTIONS WITH INCOMPLETE
CONTRIBUTOR INFORMATION.
Section 302 of the 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. 303. 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''; and
(2) 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 4 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. 304. 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, the
identification need include only the name and address of the
person;''.
SEC. 305. 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. 306. 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. 307. 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(a)) is amended by
adding at the end the following:
``(g) 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.--An activity is described in this paragraph
if it 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; or
``(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.) is amended
by adding at the end the following:
``(20) 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. 308. 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 broadcast or cablecast communication described in
paragraphs (1) or (2) of subsection (a) 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 broadcast or cablecast communication described in
paragraph (1) is broadcast or cablecast by means of 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 broadcast or cablecast communication described in
paragraph (3) of subsection (a) 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 broadcast
or cablecast by means of 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 amended by adding at the
end the following:
``SEC. 324. VOLUNTARY PERSONAL FUNDS EXPENDITURE LIMIT.
``(a) Eligible Senate Candidate.--
``(1) Primary election.--
``(A) Declaration.--A candidate for the office of
Senator is an eligible Senate candidate with respect to
a primary election if the candidate files with the
Commission a declaration that the candidate and the
candidate's authorized committees will not exceed 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 the office of
Senator is an eligible Senate candidate with respect to
a general election 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
exceed the personal funds expenditure limit in
connection with the general election.
``(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
Senate 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 Senate 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 Senate 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 Senate 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 214) is amended by adding at the
end the following:
``(5) This subsection does not apply to expenditures made
in connection with the general election campaign of a candidate
for the Senate who is not an eligible Senate candidate (as
described 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, 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:
``SEC. 313. USE OF CONTRIBUTED AMOUNTS FOR CERTAIN PURPOSES.
``(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 noncampaign-related automobile expense;
``(D) a country club membership;
``(E) a vacation or other noncampaign-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 a year in which there
will be an election for the seat held by the Member
during the period between January 1 of that year and
the date of the general election for that Office,
unless the Member has made a public announcement that
the Member will not be a candidate for reelection to
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 KNOWING AND WILLFUL 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) Mandatory 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).
``(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)(A)''
and inserting ``paragraph (4)(A) or (13)''.
SEC. 506. STRENGTHENING FOREIGN MONEY BAN.
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) for a person to solicit, accept, or receive such
contribution or donation from a foreign national.''.
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 section 401) is amended by adding at the
end the following:
``SEC. 326. PROHIBITION OF CONTRIBUTIONS BY MINORS.
``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 title 26, United States Code, 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''.
TITLE VI--SEVERABILITY; CONSTITUTIONALITY; EFFECTIVE DATE; REGULATIONS
SEC. 601. 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. 602. 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. 603. EFFECTIVE DATE.
Except as otherwise provided in this Act, this Act and the
amendments made by this Act take effect on the date that is 60 days
after the date of enactment of this Act or January 1, 2000, whichever
occurs first.
SEC. 604. 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 270 days after the effective date of this Act.
<all>
Introduced in Senate
Read twice and referred to the Committee on Rules and Administration.
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