skip to main content

H.R. 417 (106th): Bipartisan Campaign Finance Reform Act of 1999

The text of the bill below is as of Aug 5, 1999 (Reported by House Committee).


HR 417 RH

Union Calendar No. 177

106th CONGRESS

1st Session

H. R. 417

[Report No. 106-297, Part I]

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 19, 1999

Mr. SHAYS (for himself, Mr. MEEHAN, Mr. WAMP, Mr. LEVIN, Mrs. ROUKEMA, Mr. DINGELL, Mr. FRANKS of New Jersey, Mrs. MALONEY of New York, Mr. LEACH, Mr. FARR of California, Mr. HOUGHTON, Mr. BONIOR, Mr. GREENWOOD, Mr. GEPHARDT, Mrs. MORELLA, Mr. ALLEN, Mr. CASTLE, Mr. HOYER, Mr. BILBRAY, Ms. DELAURO, Mr. BOEHLERT, Mr. LEWIS of Georgia, Mr. RAMSTAD, Mr. FRANK of Massachusetts, Mr. METCALF, Mr. GEORGE MILLER of California, Mr. GILCHREST, Ms. RIVERS, Mr. SANFORD, Mrs. CAPPS, Mr. PORTER, Mr. DOOLEY of California, Mrs. KELLY, Mr. CARDIN, Mr. WALSH, Mr. GEJDENSON, Mr. FORBES, Mr. BARRETT of Wisconsin, Mr. HORN, Mr. TIERNEY, Mr. GALLEGLY, Mr. MINGE, Mr. GILLMOR, Mr. PRICE of North Carolina, Mr. GILMAN, Mr. KIND, Mr. LOBIONDO, Mr. NADLER, Mr. FRELINGHUYSEN, Mr. MASCARA, Mr. SHERMAN, Mr. STARK, 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. VENTO, 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, Ms. PELOSI, Mr. SPRATT, Mr. HOEFFEL, Mr. MOORE, Mr. BORSKI, Ms. BALDWIN, Mr. SAWYER, Mr. UDALL of New Mexico, Ms. CARSON, Ms. MCCARTHY of Missouri, Mr. HALL of Ohio, Ms. LOFGREN, Mrs. MCCARTHY of New York, Mr. SNYDER, Mr. BAIRD, Mr. GONZALEZ, and Mrs. JOHNSON of Connecticut) 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

August 5, 1999

Reported adversely from the Committee on House Administration

August 5, 1999

Referral to the Committees on Education and the Workforce, Government Reform, the Judiciary, Ways and Means, and Rules extended for a period ending not later than August 5, 1999

August 5, 1999

Additional sponsors: Mr. BASS, Mrs. THURMAN, Mr. INSLEE, Mr. HINOJOSA, Mr. STRICKLAND, Mr. SHOWS, Mr. BROWN of California, Mr. CROWLEY, Ms. ESHOO, Mr. DEFAZIO, Ms. WOOLSEY, Ms. SLAUGHTER, Mr. WEINER, Mr. GANSKE, Mr. ABERCROMBIE, Mr. ENGEL, Mr. THOMPSON of California, Mr. FILNER, Mr. LARSON, Ms. LEE, Mr. UDALL of Colorado, Mr. SANDERS, Ms. BERKLEY, Mr. CAMPBELL, Mr. BARRETT of Nebraska, Ms. SCHAKOWSKY, Mr. CAPUANO, Mr. WISE, Mr. COYNE, Mr. GRAHAM, Ms. STABENOW, Mr. WEYGAND, Mr. BECERRA, Mr. BLAGOJEVICH, Mr. EVANS, Mr. SAXTON, Mr. UNDERWOOD, Mr. BOYD, Mr. DELAHUNT, Mr. REYES, Mr. LAFALCE, and Mr. Wu

August 5, 1999

The Committees on Education and the Workforce, Government Reform, the Judiciary, Ways and Means, and Rules discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed


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 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

      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. Filing of reports using computers and facsimile machines.

      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 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.

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 AIR FORCE ONE FOR POLITICAL FUNDRAISING

      Sec. 1001. Requiring national parties to reimburse at cost for use of Air Force One for political fundraising.

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-

      ‘(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 for Federal office 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 for Federal office (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, provided the campaign activity is not a Federal election activity described in subparagraph (A);

          ‘(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;

          ‘(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 Commissioner of the Internal Revenue Service for determination of tax-exemption under such section).

    ‘(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 Federal election activity.

      ‘(3) FUNDRAISING EVENTS- Notwithstanding paragraph (1), a candidate may attend, speak, or be a featured guest at a fundraising event 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 paragraphs (2)(A) and (2)(B)(v) 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 (xiv) as clauses (viii) through (xiii), 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.

    Section 304 of the Federal Election Campaign Act of 1971 (2 U.S.C. 434) 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); and

      (3) 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.’.

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.’.

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 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.

    Section 304(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.’.

SEC. 302. 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. 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’;

      (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. 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(c) and section 204) 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- 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. 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 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: ‘XXXXXXXX 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 204) 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 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 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 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).

      ‘(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.

    (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.

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 three 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 AIR FORCE ONE FOR POLITICAL FUNDRAISING

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.’.

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 1999.

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.