II

106TH CONGRESS

1ST SESSION S. 26

Entitled the ‘‘Bipartisan Campaign Reform Act of 1999’’.

IN THE SENATE OF THE UNITED STATES

JANUARY 19, 1999

Mr. MCCAIN (for himself, Mr. FEINGOLD, Mr. THOMPSON, Mr. LEVIN, Ms.

COLLINS, Mr. LIEBERMAN, Ms. SNOWE, Mr. WELLSTONE, Mr. JEFFORDS, Mr. DURBIN, Mr. SCHUMER, Mr. REID, Mr. BRYAN, Mr. SARBANES, Mr. ROBB, Mr. DORGAN, Mr. MOYNIHAN, Mr. KERRY, Mr.

KERREY, Mr. CLELAND, Mr. LEAHY, Mr. BAYH, Mrs. FEINSTEIN, Mrs.

BOXER, Mr. HOLLINGS, Mr. GRAHAM, Mr. JOHNSON, and Mr. CHAFEE)

introduced the following bill; which was read twice and referred to the

Committee on Rules and Administration

A BILL

Entitled the ‘‘Bipartisan Campaign Reform Act of 1999’’.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Bipartisan Campaign Reform Act of 1999’’.

6 (b) TABLE OF CONTENTS.—The table of contents of

7 this Act is as follows:

Sec. 1. Short title; table of contents.

TITLE I—REDUCTION OF SPECIAL INTEREST INFLUENCE
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Sec. 101. Soft money of political parties.

Sec. 102. Increased contribution limits for State committees of political parties

and aggregate contribution limit for individuals.

Sec. 103. Reporting requirements.

TITLE II—INDEPENDENT AND COORDINATED EXPENDITURES

Subtitle A—Electioneering Communications

Sec. 201. Disclosure of electioneering communications.

Sec. 202. Coordinated communications as contributions.

Sec. 203. Prohibition of corporate and labor disbursements for electioneering

communications.

Subtitle B—Independent and Coordinated Expenditures

Sec. 211. Definition of independent expenditure.

Sec. 212. Civil penalty.

Sec. 213. Reporting requirements for certain independent expenditures.

Sec. 214. Independent versus coordinated expenditures by party.

Sec. 215. Coordination with candidates.

TITLE III—DISCLOSURE

Sec. 301. Filing of reports using computers and facsimile machines; filing by

Senate candidates with Commission.

Sec. 302. Prohibition of deposit of contributions with incomplete contributor information.

Sec. 303. Audits.

Sec. 304. Reporting requirements for contributions of $50 or more.

Sec. 305. Use of candidates’ names.

Sec. 306. Prohibition of false representation to solicit contributions.

Sec. 307. Soft money of persons other than political parties.

Sec. 308. Campaign advertising.

TITLE IV—PERSONAL WEALTH OPTION

Sec. 401. Voluntary personal funds expenditure limit.

Sec. 402. Political party committee coordinated expenditures.

TITLE V—MISCELLANEOUS

Sec. 501. Codification of Beck decision.

Sec. 502. Use of contributed amounts for certain purposes.

Sec. 503. Limit on congressional use of the franking privilege.

Sec. 504. Prohibition of fundraising on Federal property.

Sec. 505. Penalties for knowing and willful violations.

Sec. 506. Strengthening foreign money ban.

Sec. 507. Prohibition of contributions by minors.

Sec. 508. Expedited procedures.

Sec. 509. Initiation of enforcement proceeding.

TITLE VI—SEVERABILITY; CONSTITUTIONALITY; EFFECTIVE

DATE; REGULATIONS

Sec. 601. Severability.

Sec. 602. Review of constitutional issues.
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Sec. 603. Effective date.

Sec. 604. Regulations.

1 TITLE I—REDUCTION OF

2 SPECIAL INTEREST INFLUENCE

3 SEC. 101. SOFT MONEY OF POLITICAL PARTIES.

4 Title III of the Federal Election Campaign Act of

5 1971 (2 U.S.C. 431 et seq.) is amended by adding at the

6 end the following:

7 ‘‘SEC. 323. SOFT MONEY OF POLITICAL PARTIES.

8 ‘‘(a) NATIONAL COMMITTEES.—

9 ‘‘(1) IN GENERAL.—A national committee of a

10 political party (including a national congressional

11 campaign committee of a political party) and any of12 ficers or agents of such party committees, shall not

13 solicit, receive, or direct to another person a con14 tribution, donation, or transfer of funds, or spend

15 any funds, that are not subject to the limitations,

16 prohibitions, and reporting requirements of this Act.

17 ‘‘(2) APPLICABILITY.—This subsection shall

18 apply to an entity that is directly or indirectly estab19 lished, financed, maintained, or controlled by a na20 tional committee of a political party (including a na21 tional congressional campaign committee of a politi22 cal party), or an entity acting on behalf of a national

23 committee, and an officer or agent acting on behalf

24 of any such committee or entity.
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1 ‘‘(b) STATE, DISTRICT, AND LOCAL COMMITTEES.—

2 ‘‘(1) IN GENERAL.—An amount that is ex3 pended or disbursed by a State, district, or local

4 committee of a political party (including an entity

5 that is directly or indirectly established, financed,

6 maintained, or controlled by a State, district, or

7 local committee of a political party and an officer or

8 agent acting on behalf of such committee or entity)

9 for Federal election activity shall be made from

10 funds subject to the limitations, prohibitions, and re11 porting requirements of this Act.

12 ‘‘(2) FEDERAL ELECTION ACTIVITY.—

13 ‘‘(A) IN GENERAL.—The term ‘Federal

14 election activity’ means—

15 ‘‘(i) voter registration activity during

16 the period that begins on the date that is

17 120 days before the date a regularly sched18 uled Federal election is held and ends on

19 the date of the election;

20 ‘‘(ii) voter identification, get-out-the21 vote activity, or generic campaign activity

22 conducted in connection with an election in

23 which a candidate appears on the ballot

24 (regardless of whether a candidate for
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1 State or local office also appears on the

2 ballot); and

3 ‘‘(iii) a communication that refers to a

4 clearly identified candidate (regardless of

5 whether a candidate for State or local of6 fice is also mentioned or identified) and is

7 made for the purpose of influencing a Fed8 eral election (regardless of whether the

9 communication is express advocacy).

10 ‘‘(B) EXCLUDED ACTIVITY.—The term

11 ‘Federal election activity’ does not include an

12 amount expended or disbursed by a State, dis13 trict, or local committee of a political party

14 for—

15 ‘‘(i) campaign activity conducted sole16 ly on behalf of a clearly identified can17 didate for State or local office, if the cam18 paign activity is not a Federal election ac19 tivity described in subparagraph (A);

20 ‘‘(ii) a contribution to a candidate for

21 State or local office, if the contribution is

22 not designated or used to pay for a Fed23 eral election activity described in subpara24 graph (A);
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1 ‘‘(iii) the costs of a State, district, or

2 local political convention;

3 ‘‘(iv) the costs of grassroots campaign

4 materials, including buttons, bumper stick5 ers, and yard signs, that name or depict

6 only a candidate for State or local office;

7 ‘‘(v) the non-Federal share of a State,

8 district, or local party committee’s admin9 istrative and overhead expenses (but not

10 including the compensation in any month

11 of an individual who spends more than 20

12 percent of the individual’s time on Federal

13 election activity) as determined by a regu14 lation promulgated by the Commission to

15 determine the non-Federal share of a

16 State, district, or local party committee’s

17 administrative and overhead expenses; and

18 ‘‘(vi) the cost of constructing or pur19 chasing an office facility or equipment for

20 a State, district or local committee.

21 ‘‘(c) FUNDRAISING COSTS.—An amount spent by a

22 national, State, district, or local committee of a political

23 party, by an entity that is established, financed, main24 tained, or controlled by a national, State, district, or local

25 committee of a political party, or by an agent or officer
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1 of any such committee or entity, to raise funds that are

2 used, in whole or in part, to pay the costs of a Federal

3 election activity shall be made from funds subject to the

4 limitations, prohibitions, and reporting requirements of

5 this Act.

6 ‘‘(d) TAX-EXEMPT ORGANIZATIONS.—A national,

7 State, district, or local committee of a political party (in8 cluding a national congressional campaign committee of

9 a political party), an entity that is directly or indirectly

10 established, financed, maintained, or controlled by any

11 such national, State, district, or local committee or its

12 agent, and an officer or agent acting on behalf of any such

13 party committee or entity shall not solicit any funds for,

14 or make or direct any donations to, an organization that

15 is described in section 501(c) of the Internal Revenue

16 Code of 1986 and exempt from taxation under section

17 501(a) of such Code (or has submitted an application to

18 the Secretary of the Treasury for determination of tax19 exemption under such section).

20 ‘‘(e) CANDIDATES.—

21 ‘‘(1) IN GENERAL.—A candidate, individual

22 holding Federal office, or agent of a candidate or in23 dividual holding Federal office shall not solicit, re24 ceive, direct, transfer, or spend funds in connection

25 with an election for Federal office, including funds
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1 for any Federal election activity, unless the funds

2 are subject to the limitations, prohibitions, and re3 porting requirements of this Act.

4 ‘‘(2) EXCEPTIONS.—

5 ‘‘(A) STATE LAW.—Paragraph (1) does not

6 apply to the solicitation or receipt of funds by

7 an individual who is a candidate for a State or

8 local office in connection with such election for

9 State or local office if the solicitation or receipt

10 of funds is permitted under State law for any

11 activity other than a Federal election activity.

12 ‘‘(B) FUNDRAISING EVENTS.—Paragraph

13 (1) does not apply in the case of a candidate

14 who attends, speaks, or is a featured guest at

15 a fundraising event sponsored by a State, dis16 trict, or local committee of a political party.’’.

17 SEC. 102. INCREASED CONTRIBUTION LIMITS FOR STATE

18 COMMITTEES OF POLITICAL PARTIES AND

19 AGGREGATE CONTRIBUTION LIMIT FOR INDI20 VIDUALS.

21 (a) CONTRIBUTION LIMIT FOR STATE COMMITTEES

22 OF POLITICAL PARTIES.—Section 315(a)(1) of the Fed23 eral Election Campaign Act of 1971 (2 U.S.C. 441a(a)(1))

24 is amended—
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1 (1) in subparagraph (B), by striking ‘‘or’’ at

2 the end;

3 (2) in subparagraph (C)—

4 (A) by inserting ‘‘(other than a committee

5 described in subparagraph (D))’’ after ‘‘com6 mittee’’; and

7 (B) by striking the period at the end and

8 inserting ‘‘; or’’; and

9 (3) by adding at the end the following:

10 ‘‘(D) to a political committee established and

11 maintained by a State committee of a political party

12 in any calendar year that, in the aggregate, exceed

13 $10,000’’.

14 (b) AGGREGATE CONTRIBUTION LIMIT FOR INDIVID15 UAL.—Section 315(a)(3) of the Federal Election Cam16 paign Act of 1971 (2 U.S.C. 441a(a)(3)) is amended by

17 striking ‘‘$25,000’’ and inserting ‘‘$30,000’’.

18 SEC. 103. REPORTING REQUIREMENTS.

19 (a) REPORTING REQUIREMENTS.—Section 304 of the

20 Federal Election Campaign Act of 1971 (2 U.S.C. 434)

21 (as amended by section 213) is amended by adding at the

22 end the following:

23 ‘‘(f) POLITICAL COMMITTEES.—

24 ‘‘(1) NATIONAL AND CONGRESSIONAL POLITI25 CAL COMMITTEES.—The national committee of a po-
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1 litical party, any national congressional campaign

2 committee of a political party, and any subordinate

3 committee of either, shall report all receipts and dis4 bursements during the reporting period.

5 ‘‘(2) OTHER POLITICAL COMMITTEES TO WHICH

6 SECTION 323 APPLIES.—A political committee (not

7 described in paragraph (1)) to which section

8 323(b)(1) applies shall report all receipts and dis9 bursements made for activities described in subpara10 graphs (A) and (B)(v) of section 323(b)(2).

11 ‘‘(3) ITEMIZATION.—If a political committee

12 has receipts or disbursements to which this sub13 section applies from any person aggregating in ex14 cess of $200 for any calendar year, the political

15 committee shall separately itemize its reporting for

16 such person in the same manner as required in para17 graphs (3)(A), (5), and (6) of subsection (b).

18 ‘‘(4) REPORTING PERIODS.—Reports required

19 to be filed under this subsection shall be filed for the

20 same time periods required for political committees

21 under subsection (a).’’.

22 (b) REPEAL OF BUILDING FUND EXCEPTION TO THE

23 DEFINITION OF CONTRIBUTION.—Section 301(8)(B) of

24 the Federal Election Campaign Act of 1971 (2 U.S.C.

25 431(8)(B)) is amended—
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1 (1) by striking clause (viii); and

2 (2) by redesignating clauses (ix) through (xiv)

3 as clauses (viii) through (xiii), respectively.

4 TITLE II—INDEPENDENT AND

5 COORDINATED EXPENDITURES

6 Subtitle A—Electioneering

7 Communications

8 SEC. 201. DISCLOSURE OF ELECTIONEERING COMMUNICA9 TIONS.

10 Section 304 of the Federal Election Campaign Act

11 of 1971 (2 U.S.C. 434) is amended by adding at the end

12 the following new subsection:

13 ‘‘(d) ADDITIONAL STATEMENTS ON ELECTIONEER14 ING COMMUNICATIONS.—

15 ‘‘(1) STATEMENT REQUIRED.—Every person

16 who makes a disbursement for electioneering com17 munications in an aggregate amount in excess of

18 $10,000 during any calendar year shall, within 24

19 hours of each disclosure date, file with the Commis20 sion a statement containing the information de21 scribed in paragraph (2).

22 ‘‘(2) CONTENTS OF STATEMENT.—Each state23 ment required to be filed under this subsection shall

24 be made under penalty of perjury and shall contain

25 the following information:
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1 ‘‘(A) The identification of the person mak2 ing the disbursement, of any entity sharing or

3 exercising direction or control over the activities

4 of such person, and of the custodian of the

5 books and accounts of the person making the

6 disbursement.

7 ‘‘(B) The State of incorporation and the

8 principal place of business of the person making

9 the disbursement.

10 ‘‘(C) The amount of each disbursement

11 during the period covered by the statement and

12 the identification of the person to whom the

13 disbursement was made.

14 ‘‘(D) The elections to which the election15 eering communications pertain and the names

16 (if known) of the candidates identified or to be

17 identified.

18 ‘‘(E) If the disbursements were paid out of

19 a segregated account to which only individuals

20 could contribute, the names and addresses of all

21 contributors who contributed an aggregate

22 amount of $500 or more to that account during

23 the period beginning on the first day of the pre24 ceding calendar year and ending on the disclo25 sure date.
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1 ‘‘(F) If the disbursements were paid out of

2 funds not described in subparagraph (E), the

3 names and addresses of all contributors who

4 contributed an aggregate amount of $500 or

5 more to the organization or any related entity

6 during the period beginning on the first day of

7 the preceding calendar year and ending on the

8 disclosure date.

9 ‘‘(G) Whether or not any electioneering

10 communication is made in coordination, co11 operation, consultation, or concert with, or at

12 the request or suggestion of, any candidate or

13 any authorized committee, any political party or

14 committee, or any agent of the candidate, politi15 cal party, or committee and if so, the identifica16 tion of any candidate, party, committee, or

17 agent involved.

18 ‘‘(3) ELECTIONEERING COMMUNICATION.—For

19 purposes of this subsection—

20 ‘‘(A) IN GENERAL.—The term ‘electioneer21 ing communication’ means any broadcast from

22 a television or radio broadcast station which—

23 ‘‘(i) refers to a clearly identified can24 didate for Federal office;
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1 ‘‘(ii) is made (or scheduled to be

2 made) within—

3 ‘‘(I) 60 days before a general,

4 special, or runoff election for such

5 Federal office; or

6 ‘‘(II) 30 days before a primary or

7 preference election, or a convention or

8 caucus of a political party that has

9 authority to nominate a candidate, for

10 such Federal office; and

11 ‘‘(iii) is broadcast from a television or

12 radio broadcast station whose audience in13 cludes the electorate for such election, con14 vention, or caucus.

15 ‘‘(B) EXCEPTIONS.—Such term shall not

16 include—

17 ‘‘(i) communications appearing in a

18 news story, commentary, or editorial dis19 tributed through the facilities of any

20 broadcasting station, unless such facilities

21 are owned or controlled by any political

22 party, political committee, or candidate; or

23 ‘‘(ii) communications which constitute

24 expenditures or independent expenditures

25 under this Act.
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1 ‘‘(4) DISCLOSURE DATE.—For purposes of this

2 subsection, the term ‘disclosure date’ means—

3 ‘‘(A) the first date during any calendar

4 year by which a person has made disbursements

5 for electioneering communications aggregating

6 in excess of $10,000; and

7 ‘‘(B) any other date during such calendar

8 year by which a person has made disbursements

9 for electioneering communications aggregating

10 in excess of $10,000 since the most recent dis11 closure date for such calendar year.

12 ‘‘(5) CONTRACTS TO DISBURSE.—For purposes

13 of this subsection, a person shall be treated as hav14 ing made a disbursement if the person has con15 tracted to make the disbursement.

16 ‘‘(6) COORDINATION WITH OTHER REQUIRE17 MENTS.—Any requirement to report under this sub18 section shall be in addition to any other reporting

19 requirement under this Act.’’

20 SEC. 202. COORDINATED COMMUNICATIONS AS CONTRIBU21 TIONS.

22 Section 315(a)(7)(B) of the Federal Election Cam23 paign Act of 1971 (2 U.S.C. 441a(a)(7)(B)) is amended

24 by inserting after clause (ii) the following:

25 ‘‘(iii) if—
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1 ‘‘(I) any person makes, or con2 tracts to make, any payment for any

3 electioneering communication (within

4 the meaning of section 304(d)(3));

5 and

6 ‘‘(II) such payment is coordi7 nated with a candidate or an author8 ized committee of such candidate, a

9 Federal, State, or local political party

10 or committee thereof, or an agent or

11 official of any such candidate, party,

12 or committee;

13 such payment or contracting shall be treat14 ed as a contribution to such candidate and

15 as an expenditure by such candidate; and’’.

16 SEC. 203. PROHIBITION OF CORPORATE AND LABOR DIS17 BURSEMENTS FOR ELECTIONEERING COM18 MUNICATIONS.

19 (a) IN GENERAL.—Section 316(b)(2) of the Federal

20 Election Campaign Act of 1971 (2 U.S.C. 441b(b)(2)) is

21 amended by inserting ‘‘or for any applicable electioneering

22 communication’’ before ‘‘, but shall not include’’.

23 (b) APPLICABLE ELECTIONEERING COMMUNICA24 TION.—Section 316 of such Act is amended by adding at

25 the end the following:
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1 ‘‘(c) RULES RELATING TO ELECTIONEERING COM2 MUNICATIONS.—

3 ‘‘(1) APPLICABLE ELECTIONEERING COMMU4 NICATION.—For purposes of this section, the term

5 ‘applicable electioneering communication’ means an

6 electioneering communication (within the meaning of

7 section 304(d)(3)) which is made by—

8 ‘‘(A) any entity to which subsection (a) ap9 plies other than a section 501(c)(4) organiza10 tion; or

11 ‘‘(B) a section 501(c)(4) organization from

12 amounts derived from the conduct of a trade or

13 business or from an entity described in sub14 paragraph (A).

15 ‘‘(2) SPECIAL OPERATING RULES.—For pur16 poses of paragraph (1), the following rules shall

17 apply:

18 ‘‘(A) An electioneering communication

19 shall be treated as made by an entity described

20 in paragraph (1)(A) if—

21 ‘‘(i) the entity described in paragraph

22 (1)(A) directly or indirectly disburses any

23 amount for any of the costs of the commu24 nication; or
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1 ‘‘(ii) any amount is disbursed for the

2 communication by a corporation or organi3 zation or a State or local political party or

4 committee thereof that receives anything of

5 value from the entity described in para6 graph (1)(A), except that this clause shall

7 not apply to any communication the costs

8 of which are defrayed entirely out of a seg9 regated account to which only individuals

10 can contribute.

11 ‘‘(B) A section 501(c)(4) organization that

12 derives amounts from business activities or

13 from any entity described in paragraph (1)(A)

14 shall be considered to have paid for any com15 munication out of such amounts unless such or16 ganization paid for the communication out of a

17 segregated account to which only individuals

18 can contribute.

19 ‘‘(3) DEFINITIONS AND RULES.—For purposes

20 of this subsection—

21 ‘‘(A) the term ‘section 501(c)(4) organiza22 tion’ means—

23 ‘‘(i) an organization described in sec24 tion 501(c)(4) of the Internal Revenue
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1 Code of 1986 and exempt from taxation

2 under section 501(a) of such Code; or

3 ‘‘(ii) an organization which has sub4 mitted an application to the Internal Reve5 nue Service for determination of its status

6 as an organization described in clause (i);

7 and

8 ‘‘(B) a person shall be treated as having

9 made a disbursement if the person has con10 tracted to make the disbursement.

11 ‘‘(4) COORDINATION WITH INTERNAL REVENUE

12 CODE.—Nothing in this subsection shall be con13 strued to authorize an organization exempt from

14 taxation under section 501(a) of the Internal Reve15 nue Code of 1986 from carrying out any activity

16 which is prohibited under such Code.’’

17 Subtitle B—Independent and

18 Coordinated Expenditures

19 SEC. 211. DEFINITION OF INDEPENDENT EXPENDITURE.

20 Section 301 of the Federal Election Campaign Act

21 (2 U.S.C. 431) is amended by striking paragraph (17) and

22 inserting the following:

23 ‘‘(17) INDEPENDENT EXPENDITURE.—The

24 term ‘independent expenditure’ means an expendi25 ture by a person—
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1 ‘‘(A) expressly advocating the election or

2 defeat of a clearly identified candidate; and

3 ‘‘(B) that is not provided in coordination

4 with a candidate or a candidate’s agent or a

5 person who is coordinating with a candidate or

6 a candidate’s agent.’’

7 SEC. 212. CIVIL PENALTY.

8 Section 309 of the Federal Election Campaign Act

9 of 1971 (2 U.S.C. 437g) is amended—

10 (1) in subsection (a)—

11 (A) in paragraph (4)(A)—

12 (i) in clause (i), by striking ‘‘clause

13 (ii)’’ and inserting ‘‘clauses (ii) and (iii)’’;

14 and

15 (ii) by adding at the end the follow16 ing:

17 ‘‘(iii) If the Commission determines by an affirmative

18 vote of 4 of its members that there is probable cause to

19 believe that a person has made a knowing and willful viola20 tion of section 304(c), the Commission shall not enter into

21 a conciliation agreement under this paragraph and may

22 institute a civil action for relief under paragraph (6)(A).’’;

23 and

24 (B) in paragraph (6)(B), by inserting ‘‘(ex25 cept an action instituted in connection with a
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1 knowing and willful violation of section

2 304(c))’’ after ‘‘subparagraph (A)’’; and

3 (2) in subsection (d)(1)—

4 (A) in subparagraph (A), by striking ‘‘Any

5 person’’ and inserting ‘‘Except as provided in

6 subparagraph (D), any person’’; and

7 (B) by adding at the end the following:

8 ‘‘(D) In the case of a knowing and willful violation

9 of section 304(c) that involves the reporting of an inde10 pendent expenditure, the violation shall not be subject to

11 this subsection.’’.

12 SEC. 213. REPORTING REQUIREMENTS FOR CERTAIN INDE13 PENDENT EXPENDITURES.

14 Section 304 of the Federal Election Campaign Act

15 of 1971 (2 U.S.C. 434) (as amended by section 201) is

16 amended—

17 (1) in subsection (c)(2), by striking the undes18 ignated matter after subparagraph (C); and

19 (2) by adding at the end the following:

20 ‘‘(e) TIME FOR REPORTING CERTAIN EXPENDI21 TURES.—

22 ‘‘(1) EXPENDITURES AGGREGATING $1,000.—

23 ‘‘(A) INITIAL REPORT.—A person (includ24 ing a political committee) that makes or con25 tracts to make independent expenditures aggre-
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1 gating $1,000 or more after the 20th day, but

2 more than 24 hours, before the date of an elec3 tion shall file a report describing the expendi4 tures within 24 hours after that amount of

5 independent expenditures has been made.

6 ‘‘(B) ADDITIONAL REPORTS.—After a per7 son files a report under subparagraph (A), the

8 person shall file an additional report within 24

9 hours after each time the person makes or con10 tracts to make independent expenditures aggre11 gating an additional $1,000 with respect to the

12 same election as that to which the initial report

13 relates.

14 ‘‘(2) EXPENDITURES AGGREGATING $10,000.—

15 ‘‘(A) INITIAL REPORT.—A person (includ16 ing a political committee) that makes or con17 tracts to make independent expenditures aggre18 gating $10,000 or more at any time up to and

19 including the 20th day before the date of an

20 election shall file a report describing the ex21 penditures within 48 hours after that amount

22 of independent expenditures has been made.

23 ‘‘(B) ADDITIONAL REPORTS.—After a per24 son files a report under subparagraph (A), the

25 person shall file an additional report within 48
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1 hours after each time the person makes or con2 tracts to make independent expenditures aggre3 gating an additional $10,000 with respect to

4 the same election as that to which the initial re5 port relates.

6 ‘‘(3) PLACE OF FILING; CONTENTS.—A report

7 under this subsection—

8 ‘‘(A) shall be filed with the Commission;

9 and

10 ‘‘(B) shall contain the information required

11 by subsection (b)(6)(B)(iii), including the name

12 of each candidate whom an expenditure is in13 tended to support or oppose.’’.

14 SEC. 214. INDEPENDENT VERSUS COORDINATED EXPENDI15 TURES BY PARTY.

16 Section 315(d) of the Federal Election Campaign Act

17 (2 U.S.C. 441a(d)) is amended—

18 (1) in paragraph (1), by striking ‘‘and (3)’’ and

19 inserting ‘‘, (3), and (4)’’; and

20 (2) by adding at the end the following:

21 ‘‘(4) INDEPENDENT VERSUS COORDINATED EX22 PENDITURES BY PARTY.—

23 ‘‘(A) IN GENERAL.—On or after the date

24 on which a political party nominates a can25 didate, a committee of the political party shall
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1 not make both expenditures under this sub2 section and independent expenditures (as de3 fined in section 301(17)) with respect to the

4 candidate during the election cycle.

5 ‘‘(B) CERTIFICATION.—Before making a

6 coordinated expenditure under this subsection

7 with respect to a candidate, a committee of a

8 political party shall file with the Commission a

9 certification, signed by the treasurer of the

10 committee, that the committee, on or after the

11 date described in subparagraph (A), has not

12 and shall not make any independent expendi13 ture with respect to the candidate during the

14 same election cycle.

15 ‘‘(C) APPLICATION.—For purposes of this

16 paragraph, all political committees established

17 and maintained by a national political party

18 (including all congressional campaign commit19 tees) and all political committees established

20 and maintained by a State political party (in21 cluding any subordinate committee of a State

22 committee) shall be considered to be a single

23 political committee.

24 ‘‘(D) TRANSFERS.—A committee of a po25 litical party that submits a certification under
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1 subparagraph (B) with respect to a candidate

2 shall not, during an election cycle, transfer any

3 funds to, assign authority to make coordinated

4 expenditures under this subsection to, or receive

5 a transfer of funds from, a committee of the po6 litical party that has made or intends to make

7 an independent expenditure with respect to the

8 candidate.’’.

9 SEC. 215. COORDINATION WITH CANDIDATES.

10 (a) DEFINITION OF COORDINATION WITH CAN11 DIDATES.—

12 (1) SECTION 301(8).—Section 301(8) of the

13 Federal Election Campaign Act of 1971 (2 U.S.C.

14 431(8)) is amended—

15 (A) in subparagraph (A)—

16 (i) by striking ‘‘or’’ at the end of

17 clause (i);

18 (ii) by striking the period at the end

19 of clause (ii) and inserting ‘‘; or’’; and

20 (iii) by adding at the end the follow21 ing:

22 ‘‘(iii) coordinated activity (as defined

23 in subparagraph (C)).’’; and

24 (B) by adding at the end the following:
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1 ‘‘(C) ‘Coordinated activity’ means anything

2 of value provided by a person in coordination

3 with a candidate, an agent of the candidate, or

4 the political party of the candidate or its agent

5 for the purpose of influencing a Federal election

6 (regardless of whether the value being provided

7 is a communication that is express advocacy) in

8 which such candidate seeks nomination or elec9 tion to Federal office, and includes any of the

10 following:

11 ‘‘(i) A payment made by a person in

12 cooperation, consultation, or concert with,

13 at the request or suggestion of, or pursu14 ant to any general or particular under15 standing with a candidate, the candidate’s

16 authorized committee, the political party of

17 the candidate, or an agent acting on behalf

18 of a candidate, authorized committee, or

19 the political party of the candidate.

20 ‘‘(ii) A payment made by a person for

21 the production, dissemination, distribution,

22 or republication, in whole or in part, of any

23 broadcast or any written, graphic, or other

24 form of campaign material prepared by a

25 candidate, a candidate’s authorized com-
27

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1 mittee, or an agent of a candidate or au2 thorized committee (not including a com3 munication described in paragraph

4 (9)(B)(i) or a communication that ex5 pressly advocates the candidate’s defeat).

6 ‘‘(iii) A payment made by a person

7 based on information about a candidate’s

8 plans, projects, or needs provided to the

9 person making the payment by the can10 didate or the candidate’s agent who pro11 vides the information with the intent that

12 the payment be made.

13 ‘‘(iv) A payment made by a person if,

14 in the same election cycle in which the pay15 ment is made, the person making the pay16 ment is serving or has served as a member,

17 employee, fundraiser, or agent of the can18 didate’s authorized committee in an execu19 tive or policymaking position.

20 ‘‘(v) A payment made by a person if

21 the person making the payment has served

22 in any formal policy making or advisory

23 position with the candidate’s campaign or

24 has participated in formal strategic or for25 mal policymaking discussions (other than
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1 any discussion treated as a lobbying con2 tact under the Lobbying Disclosure Act of

3 1995 in the case of a candidate holding

4 Federal office or as a similar lobbying ac5 tivity in the case of a candidate holding

6 State or other elective office) with the can7 didate’s campaign relating to the can8 didate’s pursuit of nomination for election,

9 or election, to Federal office, in the same

10 election cycle as the election cycle in which

11 the payment is made.

12 ‘‘(vi) A payment made by a person if,

13 in the same election cycle, the person mak14 ing the payment retains the professional

15 services of any person that has provided or

16 is providing campaign-related services in

17 the same election cycle to a candidate (in18 cluding services provided through a politi19 cal committee of the candidate’s political

20 party) in connection with the candidate’s

21 pursuit of nomination for election, or elec22 tion, to Federal office, including services

23 relating to the candidate’s decision to seek

24 Federal office, and the person retained is
29

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1 retained to work on activities relating to

2 that candidate’s campaign.

3 ‘‘(vii) A payment made by a person

4 who has directly participated in fundrais5 ing activities with the candidate or in the

6 solicitation or receipt of contributions on

7 behalf of the candidate.

8 ‘‘(viii) A payment made by a person

9 who has communicated with the candidate

10 or an agent of the candidate (including a

11 communication through a political commit12 tee of the candidate’s political party) after

13 the declaration of candidacy (including a

14 pollster, media consultant, vendor, advisor,

15 or staff member acting on behalf of the

16 candidate), about advertising message, al17 location of resources, fundraising, or other

18 campaign matters related to the can19 didate’s campaign, including campaign op20 erations, staffing, tactics, or strategy.

21 ‘‘(ix) The provision of in-kind profes22 sional services or polling data (including

23 services or data provided through a politi24 cal committee of the candidate’s political
30

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1 party) to the candidate or candidate’s

2 agent.

3 ‘‘(x) A payment made by a person

4 who has engaged in a coordinated activity

5 with a candidate described in clauses (i)

6 through (ix) for a communication that

7 clearly refers to the candidate or the can8 didate’s opponent and is for the purpose of

9 influencing that candidates’s election (re10 gardless of whether the communication is

11 express advocacy).

12 ‘‘(D) For purposes of subparagraph (C),

13 the term ‘professional services’ means polling,

14 media advice, fundraising, campaign research or

15 direct mail (except for mailhouse services solely

16 for the distribution of voter guides as defined in

17 section 431(20)(B)) services in support of a

18 candidate’s pursuit of nomination for election,

19 or election, to Federal office.

20 ‘‘(E) For purposes of subparagraph (C),

21 all political committees established and main22 tained by a national political party (including

23 all congressional campaign committees) and all

24 political committees established and maintained

25 by a State political party (including any subor-
31

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1 dinate committee of a State committee) shall be

2 considered to be a single political committee.’’.

3 (2) SECTION 315(a)(7).—Section 315(a)(7) (2

4 U.S.C. 441a(a)(7)) is amended by striking subpara5 graph (B) and inserting the following:

6 ‘‘(B) a coordinated activity, as described in

7 section 301(8)(C), shall be considered to be a

8 contribution to the candidate, and in the case

9 of a limitation on expenditures, shall be treated

10 as an expenditure by the candidate.

11 (b) MEANING OF CONTRIBUTION OR EXPENDITURE

12 FOR THE PURPOSES OF SECTION 316.—Section 316(b)(2)

13 of the Federal Election Campaign Act of 1971 (2 U.S.C.

14 441b(b)) is amended by striking ‘‘shall include’’ and in15 serting ‘‘includes a contribution or expenditure, as those

16 terms are defined in section 301, and also includes’’.

17 TITLE III—DISCLOSURE

18 SEC. 301. FILING OF REPORTS USING COMPUTERS AND

19 FACSIMILE MACHINES; FILING BY SENATE

20 CANDIDATES WITH COMMISSION.

21 (a) USE OF COMPUTER AND FACSIMILE MACHINE.—

22 Section 302(a) of the Federal Election Campaign Act of

23 1971 (2 U.S.C. 434(a)) is amended by striking paragraph

24 (11) and inserting the following:
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1 ‘‘(11)(A) The Commission shall promulgate a

2 regulation under which a person required to file a

3 designation, statement, or report under this Act—

4 ‘‘(i) is required to maintain and file a des5 ignation, statement, or report for any calendar

6 year in electronic form accessible by computers

7 if the person has, or has reason to expect to

8 have, aggregate contributions or expenditures in

9 excess of a threshold amount determined by the

10 Commission; and

11 ‘‘(ii) may maintain and file a designation,

12 statement, or report in electronic form or an al13 ternative form, including the use of a facsimile

14 machine, if not required to do so under the reg15 ulation promulgated under clause (i).

16 ‘‘(B) The Commission shall make a designation,

17 statement, report, or notification that is filed elec18 tronically with the Commission accessible to the pub19 lic on the Internet not later than 24 hours after the

20 designation, statement, report, or notification is re21 ceived by the Commission.

22 ‘‘(C) In promulgating a regulation under this

23 paragraph, the Commission shall provide methods

24 (other than requiring a signature on the document

25 being filed) for verifying designations, statements,
33

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1 and reports covered by the regulation. Any document

2 verified under any of the methods shall be treated

3 for all purposes (including penalties for perjury) in

4 the same manner as a document verified by signa5 ture.’’.

6 (b) SENATE CANDIDATES FILE WITH COMMIS7 SION.—Title III of the Federal Election Campaign Act of

8 1971 (2 U.S.C. 431 et seq.) is amended—

9 (1) in section 302, by striking subsection (g)

10 and inserting the following:

11 ‘‘(g) FILING WITH THE COMMISSION.—All designa12 tions, statements, and reports required to be filed under

13 this Act shall be filed with the Commission.’’; and

14 (2) in section 304—

15 (A) in subsection (a)(6)(A), by striking

16 ‘‘the Secretary or’’; and

17 (B) in the matter following subsection

18 (c)(2), by striking ‘‘the Secretary or’’.

19 SEC. 302. PROHIBITION OF DEPOSIT OF CONTRIBUTIONS

20 WITH INCOMPLETE CONTRIBUTOR INFORMA21 TION.

22 Section 302 of the Federal Election Campaign Act

23 of 1971 (2 U.S.C. 432) is amended by adding at the end

24 the following:
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1 ‘‘(j) DEPOSIT OF CONTRIBUTIONS.—The treasurer of

2 a candidate’s authorized committee shall not deposit, ex3 cept in an escrow account, or otherwise negotiate a con4 tribution from a person who makes an aggregate amount

5 of contributions in excess of $200 during a calendar year

6 unless the treasurer verifies that the information required

7 by this section with respect to the contributor is com8 plete.’’.

9 SEC. 303. AUDITS.

10 (a) RANDOM AUDITS.—Section 311(b) of the Federal

11 Election Campaign Act of 1971 (2 U.S.C. 438(b)) is

12 amended—

13 (1) by inserting ‘‘(1) IN GENERAL.—’’ before

14 ‘‘The Commission’’; and

15 (2) by adding at the end the following:

16 ‘‘(2) RANDOM AUDITS.—

17 ‘‘(A) IN GENERAL.—Notwithstanding para18 graph (1), the Commission may conduct ran19 dom audits and investigations to ensure vol20 untary compliance with this Act. The selection

21 of any candidate for a random audit or inves22 tigation shall be based on criteria adopted by a

23 vote of at least 4 members of the Commission.

24 ‘‘(B) LIMITATION.—The Commission shall

25 not conduct an audit or investigation of a can-
35

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1 didate’s authorized committee under subpara2 graph (A) until the candidate is no longer a

3 candidate for the office sought by the candidate

4 in an election cycle.

5 ‘‘(C) APPLICABILITY.—This paragraph

6 does not apply to an authorized committee of a

7 candidate for President or Vice President sub8 ject to audit under section 9007 or 9038 of the

9 Internal Revenue Code of 1986.’’.

10 (b) EXTENSION OF PERIOD DURING WHICH CAM11 PAIGN AUDITS MAY BE BEGUN.—Section 311(b) of the

12 Federal Election Campaign Act of 1971 (2 U.S.C. 438(b))

13 is amended by striking ‘‘6 months’’ and inserting ‘‘12

14 months’’.

15 SEC. 304. REPORTING REQUIREMENTS FOR CONTRIBU16 TIONS OF $50 OR MORE.

17 Section 304(b)(3)(A) of the Federal Election Cam18 paign Act at 1971 (2 U.S.C. 434(b)(3)(A) is amended—

19 (1) by striking ‘‘$200’’ and inserting ‘‘$50’’;

20 and

21 (2) by striking the semicolon and inserting ‘‘,

22 except that in the case of a person who makes con23 tributions aggregating at least $50 but not more

24 than $200 during the calendar year, the identifica-
36

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1 tion need include only the name and address of the

2 person;’’.

3 SEC. 305. USE OF CANDIDATES’ NAMES.

4 Section 302(e) of the Federal Election Campaign Act

5 of 1971 (2 U.S.C. 432(e)) is amended by striking para6 graph (4) and inserting the following:

7 ‘‘(4)(A) The name of each authorized commit8 tee shall include the name of the candidate who au9 thorized the committee under paragraph (1).

10 ‘‘(B) A political committee that is not an au11 thorized committee shall not—

12 ‘‘(i) include the name of any can13 didate in its name; or

14 ‘‘(ii) except in the case of a national,

15 State, or local party committee, use the

16 name of any candidate in any activity on

17 behalf of the committee in such a context

18 as to suggest that the committee is an au19 thorized committee of the candidate or

20 that the use of the candidate’s name has

21 been authorized by the candidate.’’.

22 SEC. 306. PROHIBITION OF FALSE REPRESENTATION TO

23 SOLICIT CONTRIBUTIONS.

24 Section 322 of the Federal Election Campaign Act

25 of 1971 (2 U.S.C. 441h) is amended—
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1 (1) by inserting after ‘‘SEC. 322.’’ the follow2 ing: ‘‘(a) IN GENERAL.—’’; and

3 (2) by adding at the end the following:

4 ‘‘(b) SOLICITATION OF CONTRIBUTIONS.—No person

5 shall solicit contributions by falsely representing himself

6 or herself as a candidate or as a representative of a can7 didate, a political committee, or a political party.’’.

8 SEC. 307. SOFT MONEY OF PERSONS OTHER THAN POLITI9 CAL PARTIES.

10 (a) IN GENERAL.—Section 304 of the Federal Elec11 tion Campaign Act of 1971 (2 U.S.C. 434) (as amended

12 by section 103(a)) is amended by adding at the end the

13 following:

14 ‘‘(g) DISBURSEMENTS OF PERSONS OTHER THAN

15 POLITICAL PARTIES.—

16 ‘‘(1) IN GENERAL.—A person, other than a po17 litical committee of a political party or a person de18 scribed in section 501(d) of the Internal Revenue

19 Code of 1986, that makes an aggregate amount of

20 disbursements in excess of $50,000 during a cal21 endar year for activities described in paragraph (2)

22 shall file a statement with the Commission—

23 ‘‘(A) on a monthly basis as described in

24 subsection (a)(4)(B); or
38

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1 ‘‘(B) in the case of disbursements that are

2 made within 20 days of an election, within 24

3 hours after the disbursements are made.

4 ‘‘(2) ACTIVITY.—An activity is described in this

5 paragraph if it is—

6 ‘‘(A) Federal election activity;

7 ‘‘(B) an activity described in section

8 316(b)(2)(A) that expresses support for or op9 position to a candidate for Federal office or a

10 political party; or

11 ‘‘(C) an activity described in subparagraph

12 (B) or (C) of section 316(b)(2).

13 ‘‘(3) APPLICABILITY.—This subsection does not

14 apply to—

15 ‘‘(A) a candidate or a candidate’s author16 ized committees; or

17 ‘‘(B) an independent expenditure.

18 ‘‘(4) CONTENTS.—A statement under this sec19 tion shall contain such information about the dis20 bursements made during the reporting period as the

21 Commission shall prescribe, including—

22 ‘‘(A) the aggregate amount of disburse23 ments made;
39

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1 ‘‘(B) the name and address of the person

2 or entity to whom a disbursement is made in an

3 aggregate amount in excess of $200;

4 ‘‘(C) the date made, amount, and purpose

5 of the disbursement; and

6 ‘‘(D) if applicable, whether the disburse7 ment was in support of, or in opposition to, a

8 candidate or a political party, and the name of

9 the candidate or the political party.’’.

10 (b) DEFINITION OF GENERIC CAMPAIGN ACTIVITY.—

11 Section 301 of the Federal Election Campaign Act of

12 1971 (2 U.S.C. 431 et seq.) is amended by adding at the

13 end the following:

14 ‘‘(20) GENERIC CAMPAIGN ACTIVITY.—The

15 term ‘generic campaign activity’ means an activity

16 that promotes a political party and does not promote

17 a candidate or non-Federal candidate.’’.

18 SEC. 308. CAMPAIGN ADVERTISING.

19 Section 318 of the Federal Election Campaign Act

20 of 1971 (2 U.S.C. 441d) is amended—

21 (1) in subsection (a)—

22 (A) in the matter preceding paragraph

23 (1)—

24 (i) by striking ‘‘Whenever’’ and insert25 ing ‘‘Whenever a political committee makes
40

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1 a disbursement for the purpose of financ2 ing any communication through any broad3 casting station, newspaper, magazine, out4 door advertising facility, mailing, or any

5 other type of general public political adver6 tising, or whenever’’;

7 (ii) by striking ‘‘an expenditure’’ and

8 inserting ‘‘a disbursement’’; and

9 (iii) by striking ‘‘direct’’; and

10 (B) in paragraph (3), by inserting ‘‘and

11 permanent street address’’ after ‘‘name’’; and

12 (2) by adding at the end the following:

13 ‘‘(c) Any printed communication described in sub14 section (a) shall—

15 ‘‘(1) be of sufficient type size to be clearly read16 able by the recipient of the communication;

17 ‘‘(2) be contained in a printed box set apart

18 from the other contents of the communication; and

19 ‘‘(3) be printed with a reasonable degree of

20 color contrast between the background and the

21 printed statement.

22 ‘‘(d)(1) Any broadcast or cablecast communication

23 described in paragraphs (1) or (2) of subsection (a) shall

24 include, in addition to the requirements of that paragraph,

25 an audio statement by the candidate that identifies the
41

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1 candidate and states that the candidate has approved the

2 communication.

3 ‘‘(2) If a broadcast or cablecast communication de4 scribed in paragraph (1) is broadcast or cablecast by

5 means of television, the communication shall include, in

6 addition to the audio statement under paragraph (1), a

7 written statement that—

8 ‘‘(A) appears at the end of the communication

9 in a clearly readable manner with a reasonable de10 gree of color contrast between the background and

11 the printed statement, for a period of at least 4 sec12 onds; and

13 ‘‘(B) is accompanied by a clearly identifiable

14 photographic or similar image of the candidate.

15 ‘‘(e) Any broadcast or cablecast communication de16 scribed in paragraph (3) of subsection (a) shall include,

17 in addition to the requirements of that paragraph, in a

18 clearly spoken manner, the following statement:

19 ‘llllllll is responsible for the content of this

20 advertisement.’ (with the blank to be filled in with the

21 name of the political committee or other person paying

22 for the communication and the name of any connected or23 ganization of the payor). If broadcast or cablecast by

24 means of television, the statement shall also appear in a

25 clearly readable manner with a reasonable degree of color
42

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1 contrast between the background and the printed state2 ment, for a period of at least 4 seconds.’’.

3 TITLE IV—PERSONAL WEALTH

4 OPTION

5 SEC. 401. VOLUNTARY PERSONAL FUNDS EXPENDITURE

6 LIMIT.

7 Title III of the Federal Election Campaign Act of

8 1971 (2 U.S.C. 431 et seq.) (as amended by section 101)

9 is amended by adding at the end the following:

10 ‘‘SEC. 324. VOLUNTARY PERSONAL FUNDS EXPENDITURE

11 LIMIT.

12 ‘‘(a) ELIGIBLE SENATE CANDIDATE.—

13 ‘‘(1) PRIMARY ELECTION.—

14 ‘‘(A) DECLARATION.—A candidate for the

15 office of Senator is an eligible Senate candidate

16 with respect to a primary election if the can17 didate files with the Commission a declaration

18 that the candidate and the candidate’s author19 ized committees will not exceed the personal

20 funds expenditure limit.

21 ‘‘(B) TIME TO FILE.—The declaration

22 under subparagraph (A) shall be filed not later

23 than the date on which the candidate files with

24 the appropriate State officer as a candidate for

25 the primary election.
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1 ‘‘(2) GENERAL ELECTION.—

2 ‘‘(A) DECLARATION.—A candidate for the

3 office of Senator is an eligible Senate candidate

4 with respect to a general election if the can5 didate files with the Commission—

6 ‘‘(i) a declaration under penalty of

7 perjury, with supporting documentation as

8 required by the Commission, that the can9 didate and the candidate’s authorized com10 mittees did not exceed the personal funds

11 expenditure limit in connection with the

12 primary election; and

13 ‘‘(ii) a declaration that the candidate

14 and the candidate’s authorized committees

15 will not exceed the personal funds expendi16 ture limit in connection with the general

17 election.

18 ‘‘(B) TIME TO FILE.—The declaration

19 under subparagraph (A) shall be filed not later

20 than 7 days after the earlier of—

21 ‘‘(i) the date on which the candidate

22 qualifies for the general election ballot

23 under State law; or

24 ‘‘(ii) if under State law, a primary or

25 run-off election to qualify for the general
44

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1 election ballot occurs after September 1,

2 the date on which the candidate wins the

3 primary or runoff election.

4 ‘‘(b) PERSONAL FUNDS EXPENDITURE LIMIT.—

5 ‘‘(1) IN GENERAL.—The aggregate amount of

6 expenditures that may be made in connection with

7 an election by an eligible Senate candidate or the

8 candidate’s authorized committees from the sources

9 described in paragraph (2) shall not exceed $50,000.

10 ‘‘(2) SOURCES.—A source is described in this

11 paragraph if the source is—

12 ‘‘(A) personal funds of the candidate and

13 members of the candidate’s immediate family;

14 or

15 ‘‘(B) proceeds of indebtedness incurred by

16 the candidate or a member of the candidate’s

17 immediate family.

18 ‘‘(c) CERTIFICATION BY THE COMMISSION.—

19 ‘‘(1) IN GENERAL.—The Commission shall de20 termine whether a candidate has met the require21 ments of this section and, based on the determina22 tion, issue a certification stating whether the can23 didate is an eligible Senate candidate.

24 ‘‘(2) TIME FOR CERTIFICATION.—Not later

25 than 7 business days after a candidate files a dec-
45

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1 laration under paragraph (1) or (2) of subsection

2 (a), the Commission shall certify whether the can3 didate is an eligible Senate candidate.

4 ‘‘(3) REVOCATION.—The Commission shall re5 voke a certification under paragraph (1), based on

6 information submitted in such form and manner as

7 the Commission may require or on information that

8 comes to the Commission by other means, if the

9 Commission determines that a candidate violates the

10 personal funds expenditure limit.

11 ‘‘(4) DETERMINATIONS BY COMMISSION.—A

12 determination made by the Commission under this

13 subsection shall be final, except to the extent that

14 the determination is subject to examination and

15 audit by the Commission and to judicial review.

16 ‘‘(d) PENALTY.—If the Commission revokes the cer17 tification of an eligible Senate candidate—

18 ‘‘(1) the Commission shall notify the candidate

19 of the revocation; and

20 ‘‘(2) the candidate and a candidate’s authorized

21 committees shall pay to the Commission an amount

22 equal to the amount of expenditures made by a na23 tional committee of a political party or a State com24 mittee of a political party in connection with the
46

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1 general election campaign of the candidate under

2 section 315(d).’’.

3 SEC. 402. POLITICAL PARTY COMMITTEE COORDINATED

4 EXPENDITURES.

5 Section 315(d) of the Federal Election Campaign Act

6 of 1971 (2 U.S.C. 441a(d)) (as amended by section 214)

7 is amended by adding at the end the following:

8 ‘‘(5) This subsection does not apply to expendi9 tures made in connection with the general election

10 campaign of a candidate for the Senate who is not

11 an eligible Senate candidate (as described in section

12 324(a)).’’.

13 TITLE V—MISCELLANEOUS

14 SEC. 501. CODIFICATION OF BECK DECISION.

15 Section 8 of the National Labor Relations Act (29

16 U.S.C. 158) is amended by adding at the end the following

17 new subsection:

18 ‘‘(h) NONUNION MEMBER PAYMENTS TO LABOR OR19 GANIZATION.—

20 ‘‘(1) IN GENERAL.—It shall be an unfair labor

21 practice for any labor organization which receives a

22 payment from an employee pursuant to an agree23 ment that requires employees who are not members

24 of the organization to make payments to such orga25 nization in lieu of organization dues or fees not to
47

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1 establish and implement the objection procedure de2 scribed in paragraph (2).

3 ‘‘(2) OBJECTION PROCEDURE.—The objection

4 procedure required under paragraph (1) shall meet

5 the following requirements:

6 ‘‘(A) The labor organization shall annually

7 provide to employees who are covered by such

8 agreement but are not members of the

9 organization—

10 ‘‘(i) reasonable personal notice of the

11 objection procedure, the employees eligible

12 to invoke the procedure, and the time,

13 place, and manner for filing an objection;

14 and

15 ‘‘(ii) reasonable opportunity to file an

16 objection to paying for organization ex17 penditures supporting political activities

18 unrelated to collective bargaining, includ19 ing but not limited to the opportunity to

20 file such objection by mail.

21 ‘‘(B) If an employee who is not a member

22 of the labor organization files an objection

23 under the procedure in subparagraph (A), such

24 organization shall—
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1 ‘‘(i) reduce the payments in lieu of or2 ganization dues or fees by such employee

3 by an amount which reasonably reflects the

4 ratio that the organization’s expenditures

5 supporting political activities unrelated to

6 collective bargaining bears to such organi7 zation’s total expenditures; and

8 ‘‘(ii) provide such employee with a

9 reasonable explanation of the organiza10 tion’s calculation of such reduction, includ11 ing calculating the amount of organization

12 expenditures supporting political activities

13 unrelated to collective bargaining.

14 ‘‘(3) DEFINITION.—In this subsection, the term

15 ‘expenditures supporting political activities unrelated

16 to collective bargaining’ means expenditures in con17 nection with a Federal, State, or local election or in

18 connection with efforts to influence legislation unre19 lated to collective bargaining.’’.

20 SEC. 502. USE OF CONTRIBUTED AMOUNTS FOR CERTAIN

21 PURPOSES.

22 Title III of the Federal Election Campaign Act of

23 1971 (2 U.S.C. 431 et seq.) is amended by striking section

24 313 and inserting the following:
49

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1 ‘‘SEC. 313. USE OF CONTRIBUTED AMOUNTS FOR CERTAIN

2 PURPOSES.

3 ‘‘(a) PERMITTED USES.—A contribution accepted by

4 a candidate, and any other amount received by an individ5 ual as support for activities of the individual as a holder

6 of Federal office, may be used by the candidate or

7 individual—

8 ‘‘(1) for expenditures in connection with the

9 campaign for Federal office of the candidate or indi10 vidual;

11 ‘‘(2) for ordinary and necessary expenses in12 curred in connection with duties of the individual as

13 a holder of Federal office;

14 ‘‘(3) for contributions to an organization de15 scribed in section 170(c) of the Internal Revenue

16 Code of 1986; or

17 ‘‘(4) for transfers to a national, State, or local

18 committee of a political party.

19 ‘‘(b) PROHIBITED USE.—

20 ‘‘(1) IN GENERAL.—A contribution or amount

21 described in subsection (a) shall not be converted by

22 any person to personal use.

23 ‘‘(2) CONVERSION.—For the purposes of para24 graph (1), a contribution or amount shall be consid25 ered to be converted to personal use if the contribu26 tion or amount is used to fulfill any commitment,
50

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1 obligation, or expense of a person that would exist

2 irrespective of the candidate’s election campaign or

3 individual’s duties as a holder of Federal office4 holder, including—

5 ‘‘(A) a home mortgage, rent, or utility pay6 ment;

7 ‘‘(B) a clothing purchase;

8 ‘‘(C) a noncampaign-related automobile ex9 pense;

10 ‘‘(D) a country club membership;

11 ‘‘(E) a vacation or other noncampaign-re12 lated trip;

13 ‘‘(F) a household food item;

14 ‘‘(G) a tuition payment;

15 ‘‘(H) admission to a sporting event, con16 cert, theater, or other form of entertainment

17 not associated with an election campaign; and

18 ‘‘(I) dues, fees, and other payments to a

19 health club or recreational facility.’’.

20 SEC. 503. LIMIT ON CONGRESSIONAL USE OF THE FRANK21 ING PRIVILEGE.

22 Section 3210(a)(6) of title 39, United States Code,

23 is amended by striking subparagraph (A) and inserting

24 the following:
51

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1 ‘‘(A) A Member of Congress shall not mail

2 any mass mailing as franked mail during a year

3 in which there will be an election for the seat

4 held by the Member during the period between

5 January 1 of that year and the date of the gen6 eral election for that Office, unless the Member

7 has made a public announcement that the

8 Member will not be a candidate for reelection to

9 that year or for election to any other Federal

10 office.’’.

11 SEC. 504. PROHIBITION OF FUNDRAISING ON FEDERAL

12 PROPERTY.

13 Section 607 of title 18, United States Code, is

14 amended—

15 (1) by striking subsection (a) and inserting the

16 following:

17 ‘‘(a) PROHIBITION.—

18 ‘‘(1) IN GENERAL.—It shall be unlawful for any

19 person to solicit or receive a donation of money or

20 other thing of value in connection with a Federal,

21 State, or local election from a person who is located

22 in a room or building occupied in the discharge of

23 official duties by an officer or employee of the

24 United States. An individual who is an officer or

25 employee of the Federal Government, including the
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1 President, Vice President, and Members of Con2 gress, shall not solicit a donation of money or other

3 thing of value in connection with a Federal, State,

4 or local election, while in any room or building occu5 pied in the discharge of official duties by an officer

6 or employee of the United States, from any person.

7 ‘‘(2) PENALTY.—A person who violates this sec8 tion shall be fined not more than $5,000, imprisoned

9 more than 3 years, or both.’’; and

10 (2) in subsection (b), by inserting ‘‘or Executive

11 Office of the President’’ after ‘‘Congress’’ .

12 SEC. 505. PENALTIES FOR KNOWING AND WILLFUL VIOLA13 TIONS.

14 (a) INCREASED PENALTIES.—Section 309(a) of the

15 Federal Election Campaign Act of 1971 (2 U.S.C.

16 437g(a)) is amended—

17 (1) in paragraphs (5)(A), (6)(A), and (6)(B),

18 by striking ‘‘$5,000’’ and inserting ‘‘$10,000’’; and

19 (2) in paragraphs (5)(B) and (6)(C), by strik20 ing ‘‘$10,000 or an amount equal to 200 percent’’

21 and inserting ‘‘$20,000 or an amount equal to 300

22 percent’’.

23 (b) EQUITABLE REMEDIES.—Section 309(a)(5)(A) of

24 the Federal Election Campaign Act of 1971 (2 U.S.C.

25 437g(a)(5)) is amended by striking the period at the end
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1 and inserting ‘‘, and may include equitable remedies or

2 penalties, including disgorgement of funds to the Treasury

3 or community service requirements (including require4 ments to participate in public education programs).’’.

5 (c) AUTOMATIC PENALTY FOR LATE FILING.—Sec6 tion 309(a) of the Federal Election Campaign Act of 1971

7 (2 U.S.C. 437g(a)) is amended—

8 (1) by adding at the end the following:

9 ‘‘(13) PENALTY FOR LATE FILING.—

10 ‘‘(A) IN GENERAL.—

11 ‘‘(i) MANDATORY MONETARY PEN12 ALTIES.—The Commission shall establish a

13 schedule of mandatory monetary penalties

14 that shall be imposed by the Commission

15 for failure to meet a time requirement for

16 filing under section 304.

17 ‘‘(ii) REQUIRED FILING.—In addition

18 to imposing a penalty, the Commission

19 may require a report that has not been

20 filed within the time requirements of sec21 tion 304 to be filed by a specific date.

22 ‘‘(iii) PROCEDURE.—A penalty or fil23 ing requirement imposed under this para24 graph shall not be subject to paragraph

25 (1), (2), (3), (4), (5), or (12).
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1 ‘‘(B) FILING AN EXCEPTION.—

2 ‘‘(i) TIME TO FILE.—A political com3 mittee shall have 30 days after the imposi4 tion of a penalty or filing requirement by

5 the Commission under this paragraph in

6 which to file an exception with the Com7 mission.

8 ‘‘(ii) TIME FOR COMMISSION TO

9 RULE.—Within 30 days after receiving an

10 exception, the Commission shall make a

11 determination that is a final agency action

12 subject to exclusive review by the United

13 States Court of Appeals for the District of

14 Columbia Circuit under section 706 of title

15 5, United States Code, upon petition filed

16 in that court by the political committee or

17 treasurer that is the subject of the agency

18 action, if the petition is filed within 30

19 days after the date of the Commission ac20 tion for which review is sought.’’;

21 (2) in paragraph (5)(D)—

22 (A) by inserting after the first sentence the

23 following: ‘‘In any case in which a penalty or

24 filing requirement imposed on a political com25 mittee or treasurer under paragraph (13) has
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1 not been satisfied, the Commission may insti2 tute a civil action for enforcement under para3 graph (6)(A).’’; and

4 (B) by inserting before the period at the

5 end of the last sentence the following: ‘‘or has

6 failed to pay a penalty or meet a filing require7 ment imposed under paragraph (13)’’; and

8 (3) in paragraph (6)(A), by striking ‘‘paragraph

9 (4)(A)’’ and inserting ‘‘paragraph (4)(A) or (13)’’.

10 SEC. 506. STRENGTHENING FOREIGN MONEY BAN.

11 Section 319 of the Federal Election Campaign Act

12 of 1971 (2 U.S.C. 441e) is amended—

13 (1) by striking the heading and inserting the

14 following: ‘‘CONTRIBUTIONS AND DONATIONS BY

15 FOREIGN NATIONALS’’; and

16 (2) by striking subsection (a) and inserting the

17 following:

18 ‘‘(a) PROHIBITION.—It shall be unlawful for—

19 ‘‘(1) a foreign national, directly or indirectly, to

20 make—

21 ‘‘(A) a donation of money or other thing of

22 value, or to promise expressly or impliedly to

23 make a donation, in connection with a Federal,

24 State, or local election; or
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1 ‘‘(B) a contribution or donation to a com2 mittee of a political party; or

3 ‘‘(2) for a person to solicit, accept, or receive

4 such contribution or donation from a foreign na5 tional.’’.

6 SEC. 507. PROHIBITION OF CONTRIBUTIONS BY MINORS.

7 Title III of the Federal Election Campaign Act of

8 1971 (2 U.S.C. 431 et seq.) (as amended by section 401)

9 is amended by adding at the end the following:

10 ‘‘SEC. 326. PROHIBITION OF CONTRIBUTIONS BY MINORS.

11 ‘‘An individual who is 17 years old or younger shall

12 not make a contribution to a candidate or a contribution

13 or donation to a committee of a political party.’’.

14 SEC. 508. EXPEDITED PROCEDURES.

15 (a) IN GENERAL.—Section 309(a) of the Federal

16 Election Campaign Act of 1971 (2 U.S.C. 437g(a)) (as

17 amended by section 505(c)) is amended by adding at the

18 end the following:

19 ‘‘(14)(A) If the complaint in a proceeding was

20 filed within 60 days preceding the date of a general

21 election, the Commission may take action described

22 in this subparagraph.

23 ‘‘(B) If the Commission determines, on the

24 basis of facts alleged in the complaint and other

25 facts available to the Commission, that there is clear
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1 and convincing evidence that a violation of this Act

2 has occurred, is occurring, or is about to occur, the

3 Commission may order expedited proceedings, short4 ening the time periods for proceedings under para5 graphs (1), (2), (3), and (4) as necessary to allow

6 the matter to be resolved in sufficient time before

7 the election to avoid harm or prejudice to the inter8 ests of the parties.

9 ‘‘(C) If the Commission determines, on the

10 basis of facts alleged in the complaint and other

11 facts available to the Commission, that the com12 plaint is clearly without merit, the Commission

13 may—

14 ‘‘(i) order expedited proceedings, shorten15 ing the time periods for proceedings under

16 paragraphs (1), (2), (3), and (4) as necessary

17 to allow the matter to be resolved in sufficient

18 time before the election to avoid harm or preju19 dice to the interests of the parties; or

20 ‘‘(ii) if the Commission determines that

21 there is insufficient time to conduct proceedings

22 before the election, summarily dismiss the com23 plaint.’’.

24 (b) REFERRAL TO ATTORNEY GENERAL.—Section

25 309(a)(5) of the Federal Election Campaign Act of 1971
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1 (2 U.S.C. 437g(a)(5)) is amended by striking subpara2 graph (C) and inserting the following:

3 ‘‘(C) The Commission may at any time, by an affirm4 ative vote of at least 4 of its members, refer a possible

5 violation of this Act or chapter 95 or 96 of title 26, United

6 States Code, to the Attorney General of the United States,

7 without regard to any limitation set forth in this section.’’.

8 SEC. 509. INITIATION OF ENFORCEMENT PROCEEDING.

9 Section 309(a)(2) of the Federal Election Campaign

10 Act of 1971 (2 U.S.C. 437g(a)(2)) is amended by striking

11 ‘‘reason to believe that’’ and inserting ‘‘reason to inves12 tigate whether’’.

13 TITLE VI—SEVERABILITY; CON14 STITUTIONALITY; EFFECTIVE

15 DATE; REGULATIONS

16 SEC. 601. SEVERABILITY.

17 If any provision of this Act or amendment made by

18 this Act, or the application of a provision or amendment

19 to any person or circumstance, is held to be unconstitu20 tional, the remainder of this Act and amendments made

21 by this Act, and the application of the provisions and

22 amendment to any person or circumstance, shall not be

23 affected by the holding.
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1 SEC. 602. REVIEW OF CONSTITUTIONAL ISSUES.

2 An appeal may be taken directly to the Supreme

3 Court of the United States from any final judgment, de4 cree, or order issued by any court ruling on the constitu5 tionality of any provision of this Act or amendment made

6 by this Act.

7 SEC. 603. EFFECTIVE DATE.

8 Except as otherwise provided in this Act, this Act and

9 the amendments made by this Act take effect on the date

10 that is 60 days after the date of enactment of this Act

11 or January 1, 2000, whichever occurs first.

12 SEC. 604. REGULATIONS.

13 The Federal Election Commission shall prescribe any

14 regulations required to carry out this Act and the amend15 ments made by this Act not later than 270 days after the

16 effective date of this Act.

Æ