IB
Union Calendar No. 175
106TH CONGRESS
1ST SESSION
H. R. 2668
[Report No. 106–295]
To amend the Federal Election Campaign Act of 1971 to reform the financing
of campaigns for election for Federal office, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
AUGUST 2, 1999
Mr. THOMAS (for himself, Mr. NEY, Mr. BOEHNER, Mr. EHLERS, Mr. MICA,
and Mr. EWING) introduced the following bill; which was referred to the
Committee on House Administration
AUGUST 5, 1999
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on August 2, 1999]
A BILL
To amend the Federal Election Campaign Act of 1971 to
reform the financing of campaigns for election for Fed-
eral office, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Campaign Reform and Election Integrity Act of 1999’’.
(b) TABLE OF CONTENTS.—The table of contents of this
Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. References in act.
TITLE I—BAN ON FOREIGN CONTRIBUTIONS
Sec. 101. Extension of ban on foreign contributions to all campaign-related dis-
bursements; protecting equal participation of eligible voters.
TITLE II—IMPROVING REPORTING OF INFORMATION
Sec. 201. Mandatory electronic filing for certain reports; expediting reporting of
information.
Sec. 202. Reporting of secondary payments; expansion of other types of informa-
tion reported.
Sec. 203. Disclosure requirements for certain soft money expenditures of political
parties.
TITLE III—STRENGTHENING ENFORCEMENT AND ADMINISTRATION
OF FEDERAL ELECTION COMMISSION
Sec. 301. Standards for initiation of actions and written responses by Federal
Election Commission.
Sec. 302. Banning acceptance of cash contributions greater than $100.
Sec. 303. Deposit of certain contributions and donations to be returned to donors
in Treasury account.
Sec. 304. Alternative procedures for imposition of penalties for reporting viola-
tions.
Sec. 305. Abolition of ex officio membership of Clerk of House of Representatives
and Secretary of Senate on Commission.
Sec. 306. Broader prohibition against force and reprisals.
Sec. 307. Signature authority of members of Commission for subpoenas and noti-
fication of intent to seek additional information.
TITLE IV—SIMPLIFYING AND CLARIFYING FEDERAL ELECTION LAW
Sec. 401. Application of aggregate contributions limit on calendar year basis dur-
ing non-election years.
Sec. 402. Treatment of lines of credit obtained by candidates as commercially
reasonable loans.
Sec. 403. Repeal Secretary of Commerce reports on district-specific population.
Sec. 404. Technical correction regarding treatment of honoraria.
TITLE V—EFFECTIVE DATE
Sec. 501. Effective date.
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SEC. 2. REFERENCES IN ACT.
Except as otherwise specifically provided, whenever in
this Act an amendment is expressed in terms of an amend-
ment to or repeal of a section or other provision, the ref-
erence shall be considered to be made to that section or other
provision of the Federal Election Campaign Act of 1971.
TITLE I—BAN ON FOREIGN
CONTRIBUTIONS
SEC. 101. EXTENSION OF BAN ON FOREIGN CONTRIBU-
TIONS 
TO 
ALL 
CAMPAIGN-RELATED 
DIS-
BURSEMENTS; PROTECTING EQUAL PARTICI-
PATION OF ELIGIBLE VOTERS.
(A) PROHIBITION ON DISBURSEMENTS BY FOREIGN
NATIONALS.—Section 319 (2 U.S.C. 441e) is amended—
(1) in the heading, by striking ‘‘CONTRIBUTIONS’’
and inserting ‘‘DONATIONS
AND
OTHER
DISBURSE-
MENTS’’;
(2) in subsection (a), by striking ‘‘contribution’’
each place it appears and inserting ‘‘donation or
other disbursement’’; and
(3) in subsection (a), by striking the semicolon
and inserting the following: ‘‘, including any dona-
tion or other disbursement to a political committee of
a political party and any donation or other disburse-
ment for an independent expenditure;’’.
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(b) CODIFICATION
OF REGULATIONS PROHIBITING
USE OF FOREIGN FUNDS BY MULTICANDIDATE POLITICAL
COMMITTEES; PROTECTING EQUAL PARTICIPATION OF ELI-
GIBLE VOTERS IN CAMPAIGNS AND ELECTIONS.—Section
319 (2 U.S.C. 441e) is amended—
(1) by redesignating subsection (b) as subsection
(d); and
(2) by inserting after subsection (a) the following
new subsections:
‘‘(b) It shall be unlawful for any person organized
under or created by the laws of the United States or of any
State or other place subject to the jurisdiction of the United
States to make any donation or other disbursement to any
candidate for political office in connection with an election
for any political office, or to make any donation or other
disbursement to any political committee or to any organiza-
tion or account created or controlled by any United States
political party, unless such donation or disbursement is de-
rived solely from funds generated from such person’s own
business activities in the United States.
‘‘(c) 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 seg-
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regated fund established by the individual’s employer or
labor organization) or otherwise participating in any cam-
paign 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) EFFECTIVE DATE.—The amendments made by this
section shall apply with respect to contributions, donations,
and other disbursements made on or after the date of the
enactment of this Act.
TITLE II—IMPROVING
REPORTING OF INFORMATION
SEC. 201. MANDATORY ELECTRONIC FILING FOR CERTAIN
REPORTS; EXPEDITING REPORTING OF IN-
FORMATION.
(a) REQUIRING
ELECTRONIC
FILING
WITHIN
HOURS OF CERTAIN CONTRIBUTIONS AND INDEPENDENT
EXPENDITURES MADE WITHIN 90 Days of Election.—
(1) IN GENERAL.—Section 304(a) (2 U.S.C. 434
(a)) is amended by adding at the end the following
new paragraph:
‘‘(12)(A) Notwithstanding any other provision of this
Act, each political committee described in subparagraph
(B)(i) that receives a contribution in an amount equal to
or greater than $200, and any person described in subpara-
graph (B)(ii) who makes an independent expenditure, dur-
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ing the period which begins on the 90th day before an elec-
tion and ends at the time the polls close for such election
shall, with respect to any information required to be filed
with the Commission under this section with respect to such
contribution or independent expenditure, file and preserve
the information using electronic mail, the Internet, or such
other method of instantaneous transmission as the Commis-
sion may permit, and shall file the information within 24
hours after the receipt of the contribution or the making
of the independent expenditure.
‘‘(B) For purposes of subparagraph (A)—
‘‘(i) a political committee described in this
clause is a political committee that has received an
aggregate amount of contributions equal to or greater
than $50,000 with respect to the election cycle in-
volved; and
‘‘(ii) a person described in this clause is a person
who makes an aggregate amount of independent ex-
penditures during the election cycle involved or dur-
ing any of the 2 previous 2-year general election cy-
cles in an amount equal to or greater than $10,000.
‘‘(C) The Commission shall make the information filed
under this paragraph available on the Internet immediately
upon receipt.’’.
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(2) INTERNET
DEFINED.—Section 301(19) (2
U.S.C. 431(19)) is amended to read as follows:
‘‘(19) The term ‘Internet’ means the international
computer network of both Federal and non-Federal inter-
operable packet-switched data networks.’’.
(b) REQUIRING REPORTS OF CERTAIN FILERS TO BE
TRANSMITTED ELECTRONICALLY; CERTIFICATION OF PRI-
VATE
SECTOR
SOFTWARE.—Section 304(a)(11)(A) (2
U.S.C. 434(a)(11)(A)) is amended by striking the period
at the end and inserting the following: ‘‘, except that in
the case of a report submitted by a person who reports an
aggregate amount of contributions or expenditures (as the
case may be) in all reports filed with respect to the election
cycle involved (taking into account the period covered by
the report) in an amount equal to or greater than $50,000,
the Commission shall require the report to be filed and pre-
served by electronic mail, the Internet, or such other method
of instantaneous transmission as the Commission may per-
mit. The Commission shall certify (on an ongoing basis)
private sector computer software which may be used for fil-
ing reports by such methods.’’.
(c) REQUIRING REPORTS FOR ALL CONTRIBUTIONS
MADE WITHIN 20 DAYS OF ELECTION; REQUIRING RE-
PORTS
TO
BE
MADE
WITHIN
24 HOURS.—Section
304(a)(6)(A) (2 U.S.C. 434(a)(6)(A)) is amended—
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(1) by striking ‘‘after the 20th day, but more
than 48 hours before any election’’ and inserting
‘‘during the period which begins on the 20th day be-
fore an election and ends at the time the polls close
for such election’’; and
(2) by striking ‘‘48 hours’’ the second place it
appears and inserting the following: ‘‘24 hours (or, if
earlier, by midnight of the day on which the contribu-
tion is deposited)’’.
(d) REQUIRING ACTUAL RECEIPT OF CERTAIN INDE-
PENDENT EXPENDITURE REPORTS WITHIN 24 HOURS.—
(1) IN GENERAL.—Section 304(c)(2) (2 U.S.C.
434(c)(2)) is amended in the matter following sub-
paragraph (C)—
(A) by striking ‘‘shall be reported’’ and in-
serting ‘‘shall be filed’’; and
(B) by adding at the end the following new
sentence: ‘‘Notwithstanding subsection (a)(5), the
time at which the statement under this sub-
section is received by the Secretary, the Commis-
sion, or any other recipient to whom the notifi-
cation is required to be sent shall be considered
the time of filing of the statement with the re-
cipient.’’.
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(2) 
CONFORMING
AMENDMENT.—Section
304(a)(5) (2 U.S.C. 434(a)(5)) is amended by strik-
ing ‘‘or (4)(A)(ii)’’ and inserting ‘‘or (4)(A)(ii), or
the second sentence of subsection (c)(2)’’.
(e) CHANGE IN CERTAIN REPORTING FROM A CAL-
ENDAR YEAR BASIS TO AN ELECTION CYCLE BASIS.—
(1) IN
GENERAL.—Section 304(b) (2 U.S.C.
434(b)) is amended—
(A) by inserting ‘‘(or election cycle, in the
case of an authorized committee of a candidate
for Federal office)’’ after ‘‘calendar year’’ each
place it appears in paragraphs (2), (3), (4), and
(7); and
(B) in paragraph (6)(A), by striking ‘‘cal-
endar year’’ and inserting ‘‘election cycle’’.
(2) ELECTION CYCLE DEFINED.—Section 301 (2
U.S.C. 431) is amended by adding at the end the fol-
lowing:
‘‘(20) ELECTION CYCLE.—Except as the Commission
may otherwise provide, the term ‘election cycle’ means, with
respect to an election, the period beginning on the day after
the date of the most recent general election for the office
involved and ending on the date of the election.’’.
(f) CLARIFICATION OF PERMISSIBLE USE OF FAC-
SIMILE MACHINES AND ELECTRONIC MAIL TO FILE RE-
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PORTS.—Section 304(a)(11)(A) (2 U.S.C. 434(a)(11)(A)) is
amended by striking ‘‘method,’’ and inserting the following:
‘‘method (including by facsimile device or electronic mail
in the case of any report required to be filed within 24 hours
after the transaction reported has occurred),’’.
SEC. 202. REPORTING OF SECONDARY PAYMENTS; EXPAN-
SION OF OTHER TYPES OF INFORMATION RE-
PORTED.
(a) REQUIRING RECORD KEEPING AND REPORT OF
SECONDARY PAYMENTS BY CAMPAIGN COMMITTEES.—
(1) REPORTING.—Section 304(b)(5)(A) (2 U.S.C.
434(b)(5)(A)) is amended by striking the semicolon at
the end and inserting the following: ‘‘, and, if such
person in turn makes expenditures which aggregate
$5,000 or more in an election cycle to other persons
(not including employees) who provide goods or serv-
ices to the candidate or the candidate’s authorized
committees, the name and address of such other per-
sons, together with the date, amount, and purpose of
such expenditures;’’.
(2) RECORD KEEPING.—Section 302 (2 U.S.C.
432) is amended by adding at the end the following
new subsection:
‘‘(j) A person described in section 304(b)(5)(A) who
makes expenditures which aggregate $5,000 or more in an
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election cycle to other persons (not including employees)
who provide goods or services to a candidate or a can-
didate’s authorized committees shall provide to a political
committee the information necessary to enable the com-
mittee to report the information described in such section.’’.
(3) NO EFFECT ON OTHER REPORTS.—Nothing
in the amendments made by this subsection may be
construed to affect the terms of any other record-
keeping or reporting requirements applicable to can-
didates or political committees under title III of the
Federal Election Campaign Act of 1971.
(b) INCLUDING REPORT ON CUMULATIVE CONTRIBU-
TIONS AND EXPENDITURES IN POST ELECTION REPORTS.—
Section 304(a)(7) (2 U.S.C. 434(a)(7)) is amended—
(1) by striking ‘‘(7)’’ and inserting ‘‘(7)(A)’’;
and
(2) by adding at the end the following new sub-
paragraph:
‘‘(B) In the case of any report required to be filed by
this subsection which is the first report required to be filed
after the date of an election, the report shall include a state-
ment of the total contributions received and expenditures
made as of the date of the election.’’.
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(c) INCLUDING INFORMATION ON AGGREGATE CON-
TRIBUTIONS IN REPORT ON ITEMIZED CONTRIBUTIONS.—
Section 304(b)(3) (2 U.S.C. 434(b)(3)) is amended—
(1) in subparagraph (A), by inserting after
‘‘such contribution’’ the following: ‘‘and the total
amount of all such contributions made by such person
with respect to the election involved’’; and
(2) in subparagraph (B), by inserting after
‘‘such contribution’’ the following: ‘‘and the total
amount of all such contributions made by such com-
mittee with respect to the election involved’’.
SEC.203. DISCLOSURE REQUIREMENTS FOR CERTAIN SOFT
MONEY 
EXPENDITURES 
OF 
POLITICAL
PARTIES.
(a) TRANSFERS OF FUNDS BY NATIONAL POLITICAL
PARTIES.—Section 304(b)(4) (2 U.S.C. 434(b)(4)) is
amended—
(1) by striking ‘‘and’’ at the end of subpara-
graph (H);
(2) by adding ‘‘and’’ at the end of subparagraph
(I); and
(3) by adding at the end the following new sub-
paragraph:
‘‘(J) in the case of a political committee of
a national political party, all funds transferred
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to any political committee of a State or local po-
litical party, without regard to whether or not
the funds are otherwise treated as contributions
or expenditures under this title;’’.
(b) DISCLOSURE BY STATE AND LOCAL POLITICAL
PARTIES
OF INFORMATION REPORTED UNDER STATE
LAW.—Section 304 (2 U.S.C. 434) is amended by adding
at the end the following new subsection:
‘‘(d) If a political committee of a State or local polit-
ical party is required under a State or local law, rule, or
regulation to submit a report on its disbursements to an
entity of the State or local government, the committee shall
file a copy of the report with the Commission at the time
it submits the report to such an entity.’’.
TITLE III—STRENGTHENING EN-
FORCEMENT 
AND 
ADMINIS-
TRATION OF FEDERAL ELEC-
TION COMMISSION
SEC. 301. STANDARDS FOR INITIATION OF ACTIONS AND
WRITTEN RESPONSES BY FEDERAL ELECTION
COMMISSION.
(a) STANDARD
FOR
INITIATION
OF
ACTIONS
BY
FEC.—Section 309(a)(2) (2 U.S.C. 437g(a)(2)) is amended
by striking ‘‘it has reason to believe’’ and all that follows
through ‘‘of 1954,’’ and inserting the following: ‘‘it has a
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reason to seek additional information regarding a possible
violation of this Act or of chapter 95 or chapter 96 of the
Internal Revenue Code of 1986 that has occurred or is about
to occur (based on the same criteria applicable under this
paragraph prior to the enactment of the Campaign Reform
and Election Integrity Act of 1999),’’.
(b) REQUIRING FEC TO PROVIDE WRITTEN RE-
SPONSES TO QUESTIONS.—
(1) IN GENERAL.—Title III (2 U.S.C. 431 et
seq.) is amended by inserting after section 308 the fol-
lowing new section:
‘‘OTHER WRITTEN RESPONSES TO QUESTIONS
‘‘SEC. 308A. (a) PERMITTING RESPONSES.—In addi-
tion to issuing advisory opinions under section 308, the
Commission shall issue written responses pursuant to this
section with respect to a written request concerning the ap-
plication of this Act, chapter 95 or chapter 96 of the Inter-
nal Revenue Code of 1986, a rule or regulation prescribed
by the Commission, or an advisory opinion issued by the
Commission under section 308, with respect to a specific
transaction or activity by the person if the Commission
finds the application of the Act, chapter, rule, regulation,
or advisory opinion to the transaction or activity to be clear
and unambiguous.
‘‘(b) PROCEDURE FOR RESPONSE.—
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‘‘(1) ANALYSIS BY STAFF.—The staff of the Com-
mission shall analyze each request submitted under
this section. If the staff believes that the standard de-
scribed in subsection (a) is met with respect to the re-
quest, the staff shall circulate a statement to that ef-
fect together with a draft response to the request to the
members of the Commission.
‘‘(2) ISSUANCE OF RESPONSE.—Upon the expira-
tion of the 3-day period beginning on the date the
statement and draft response is circulated (excluding
weekends or holidays), the Commission shall issue the
response, unless during such period any member of
the Commission objects to issuing the response.
‘‘(c) EFFECT OF RESPONSE.—
‘‘(1) SAFE HARBOR.—Notwithstanding any other
provisions of law, any person who relies upon any
provision or finding of a written response issued
under this section and who acts in good faith in ac-
cordance with the provisions and findings of such re-
sponse shall not, as a result of any such act, be subject
to any sanction provided by this Act or by chapter
95 or chapter 96 of the Internal Revenue Code of
1986.
‘‘(2) NO
RELIANCE
BY
OTHER
PARTIES.—Any
written response issued by the Commission under this
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section may only be relied upon by the person in-
volved in the specific transaction or activity with re-
spect to which such response is issued, and may not
be applied by the Commission with respect to any
other person or used by the Commission for enforce-
ment or regulatory purposes.
‘‘(d) PUBLICATION OF REQUESTS AND RESPONSES.—
The Commission shall make public any request for a writ-
ten response made, and the responses issued, under this sec-
tion. In carrying out this subsection, the Commission may
not make public the identity of any person submitting a
request for a written response unless the person specifically
authorizes the Commission to do so.
‘‘(e) COMPILATION OF INDEX.—The Commission shall
compile, publish, and regularly update a complete and de-
tailed index of the responses issued under this section
through which responses may be found on the basis of the
subjects included in the responses.’’.
(2) 
CONFORMING
AMENDMENT.—Section
307(a)(7) (2 U.S.C. 437d(a)(7)) is amended by strik-
ing ‘‘of this Act’’ and inserting ‘‘and other written re-
sponses under section 308A’’.
(c) STANDARD FORM FOR COMPLAINTS; STRONGER
DISCLAIMER LANGUAGE.—
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(1) STANDARD
FORM.—Section 309(a)(1) (2
U.S.C. 437g(a)(1)) is amended by inserting after
‘‘shall be notarized,’’ the following: ‘‘shall be in a
standard form prescribed by the Commission, shall
not include (but may refer to) extraneous materials,’’.
(2) DISCLAIMER LANGUAGE.—Section 309(a)(1)
(2 U.S.C. 437g(a)(1)) is amended—
(A) by striking ‘‘(a)(1)’’ and inserting
‘‘(a)(1)(A)’’; and
(B) by adding at the end the following new
subparagraph:
‘‘(B) The written notice of a complaint provided by
the Commission under subparagraph (A) to a person alleged
to have committed a violation referred to in the complaint
shall include a cover letter (in a form prescribed by the
Commission) and the following statement: ‘The enclosed
complaint has been filed against you with the Federal Elec-
tion Commission. The Commission has not verified or given
official sanction to the complaint. The Commission will
make no decision to pursue the complaint for a period of
at least 15 days from your receipt of this complaint. You
may, if you wish, submit a written statement to the Com-
mission explaining why the Commission should take no ac-
tion against you based on this complaint. If the Commis-
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sion should decide to seek additional information, you will
be notified and be given further opportunity to respond.’ ’’.
SEC. 302. BANNING ACCEPTANCE OF CASH CONTRIBUTIONS
GREATER THAN $100.
Section 315 (2 U.S.C. 441a) is amended by adding
at the end the following new subsection:
‘‘(i) No candidate or political committee may accept
any contributions of currency of the United States or cur-
rency of any foreign country from any person which, in
the aggregate, exceed $100.’’.
SEC. 303. DEPOSIT OF CERTAIN CONTRIBUTIONS AND DO-
NATIONS TO BE RETURNED TO DONORS IN
TREASURY ACCOUNT.
(a) IN GENERAL.—Title III (2 U.S.C. 431 et seq.) is
amended by adding at the end the following new section:
‘‘TREATMENT OF CERTAIN CONTRIBUTIONS AND DONATIONS
TO BE RETURNED TO DONORS
‘‘SEC. 323. (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
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than a contribution or donation returned within
90 days of receipt by the committee); or
‘‘(B) the contribution or donation was made
in violation of section 315, 316, 317, 319, or 320
(other than a contribution or donation returned
within 90 days of receipt by the committee).
‘‘(2) INFORMATION
INCLUDED
WITH
TRANS-
FERRED
CONTRIBUTION
OR
DONATION.—A political
committee shall include with any contribution or do-
nation transferred under paragraph (1)—
‘‘(A) a request that the Commission return
the contribution or donation to the person mak-
ing the contribution or donation; and
‘‘(B) 
information 
regarding 
the 
cir-
cumstances surrounding the making of the con-
tribution or donation and any opinion of the po-
litical committee concerning whether the con-
tribution 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 para-
graph (1).
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‘‘(B) 
DISPOSITION
OF
AMOUNTS
RE-
CEIVED.—On receiving an amount from a polit-
ical committee under paragraph (1), the Com-
mission 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 con-
tribution 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 com-
plaint 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
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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 ac-
count under subsection (a)(3) to the person making
the contribution or donation if—
‘‘(A) within 180 days after the date the con-
tribution or donation is transferred, the Commis-
sion has not made a determination under section
309(a)(2) to seek additional information regard-
ing whether or not 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 pur-
suant to subsection (b); or
‘‘(ii) if the contribution or donation will be
used for those purposes, that the amounts re-
quired for those purposes have been withdrawn
from the escrow account and subtracted from the
returnable contribution or donation.
‘‘(2) NO
EFFECT
ON
STATUS
OF
INVESTIGA-
TION.—The return of a contribution or donation by
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the Commission under this subsection shall not be
construed as having an effect on the status of an in-
vestigation by the Commission or the Attorney Gen-
eral of the contribution or donation or the cir-
cumstances surrounding the contribution or donation,
or on the ability of the Commission or the Attorney
General to take future actions with respect to the con-
tribution or donation.’’.
(b) AMOUNTS USED TO DETERMINE AMOUNT OF PEN-
ALTY FOR VIOLATION.—Section 309(a) (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 323, the amount of the donation involved shall
be treated as the amount of the contribution involved.’’.
(c) DONATION DEFINED.—Section 323, as added by
subsection (a), is amended by adding at the end the fol-
lowing:
‘‘(d) DONATION DEFINED.—In this section, the term
‘donation’ means a gift, subscription, loan, advance, or de-
posit of money or anything else of value made by any per-
son to a national committee of a political party or a Sen-
atorial or Congressional Campaign Committee of a na-
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tional political party for any purpose, but does not include
a contribution (as defined in section 301(8)).’’.
(d) DISGORGEMENT
AUTHORITY.—Section 309 (2
U.S.C. 437g) is amended by adding at the end the following
new subsection:
‘‘(e) Any conciliation agreement, civil action, or crimi-
nal 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 ac-
cordance with section 323.’’.
(e) EFFECTIVE DATE.—The amendments made by sub-
sections (a), (b), and (c) shall apply to contributions or do-
nations 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 323 of the Federal Election Campaign Act
of 1971 (as added by subsection (a)) by such date.
SEC. 304. ALTERNATIVE PROCEDURES FOR IMPOSITION OF
PENALTIES FOR REPORTING VIOLATIONS.
(a) IN
GENERAL.—Section 309(a)(4) (2 U.S.C.
437g(a)(4)) is amended—
‘‘(1) in subparagraph (A)(i), by striking ‘‘clause
(ii)’’ and inserting ‘‘clauses (ii) and subparagraph
(C)’’; and
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(2) by adding at the end the following new sub-
paragraph:
‘‘(C)(i) Notwithstanding subparagraph (A), in the case
of a violation of any requirement under this Act relating
to the reporting of receipts or disbursements, the Commis-
sion may—
‘‘(I) find that a person committed such a viola-
tion on the basis of information obtained pursuant to
the procedures described in paragraphs (1) and (2);
and
‘‘(II) based on such finding, require the person
to pay a civil money penalty in an amount deter-
mined under a schedule of penalties which is estab-
lished and published by the Commission and which
takes into account the amount of the violation in-
volved, the existence of previous violations by the per-
son, and such other factors as the Commission con-
siders appropriate (but which in no event exceeds
$20,000).
‘‘(ii) The Commission may not make any determina-
tion adverse to a person under clause (i) until the person
has been given written notice and an opportunity to be
heard before the Commission.
‘‘(iii) Any person against whom an adverse determina-
tion is made under this subparagraph may obtain a review
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of such determination by filing in the United States Dis-
trict Court for the District of Columbia or for the district
in which the person resides or transacts business (prior to
the expiration of the 30-day period which begins on the date
the person receives notification of the determination) a
written petition requesting that the determination be modi-
fied or set aside.’’.
(b) CONFORMING AMENDMENT.—Section 309(a)(6)(A)
(2 U.S.C. 437g(a)(6)(A)) is amended by striking ‘‘para-
graph (4)(A)’’ and inserting ‘‘paragraph (4)’’.
(c) EFFECTIVE DATE.—The amendments made by this
section shall apply with respect to violations occurring on
or after January 1, 2001.
SEC. 305. ABOLITION OF EX OFFICIO MEMBERSHIP OF
CLERK OF HOUSE OF REPRESENTATIVES AND
SECRETARY OF SENATE ON COMMISSION.
Section 306(a) (2 U.S.C. 437c(a)) is amended—
(1) in paragraph (1), by striking ‘‘the Secretary
of the Senate and the Clerk’’ and all that follows
through ‘‘right to vote, and’’; and
(2) in paragraphs (3), (4), and (5), by striking
‘‘(other than the Secretary of the Senate and the Clerk
of the House of Representatives)’’ each place it ap-
pears.
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SEC. 306. BROADER PROHIBITION AGAINST FORCE AND
REPRISALS.
Section 316(b)(3) (2 U.S.C. 441b(b)(3)) is amended—
(1) by redesignating subparagraphs (A) through
(C) as subparagraphs (B) through (D); and
(2) by inserting before subparagraph (B) (as so
redesignated) the following new subparagraph:
‘‘(A) for such a fund to cause another person to
make a contribution or expenditure by physical force,
job discrimination, financial reprisals, or the threat
of force, job discrimination, or financial reprisal;’’.
SEC. 307. SIGNATURE AUTHORITY OF MEMBERS OF COM-
MISSION FOR SUBPOENAS AND NOTIFICA-
TION 
OF 
INTENT 
TO 
SEEK 
ADDITIONAL
INFORMATION.
(a) ISSUANCE OF SUBPOENAS.—Section 307(a)(3) (2
U.S.C. 437d(a)(3)) is amended by striking ‘‘signed by the
chairman or the vice chairman’’ and inserting ‘‘signed by
any member of the Commission’’.
(b) NOTIFICATIONS OF INTENT TO SEEK ADDITIONAL
INFORMATION.—Section 309(a)(2) (2 U.S.C. 437g(a)(2)) is
amended by striking ‘‘through its chairman or vice chair-
man’’ and inserting ‘‘through any of its members’’.
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TITLE 
IV—SIMPLIFYING 
AND
CLARIFYING FEDERAL ELEC-
TION LAW
SEC. 401. APPLICATION OF AGGREGATE CONTRIBUTION
LIMIT ON CALENDAR YEAR BASIS DURING
NON-ELECTION YEARS.
Section 315(a)(3) (2 U.S.C. 441a(a)(3)) is amended
by striking the second sentence.
SEC. 402. TREATMENT OF LINES OF CREDIT OBTAINED BY
CANDIDATES AS COMMERCIALLY REASON-
ABLE LOANS.
Section 301(8)(B) (2 U.S.C. 431(8)(B)) is amended—
(1) by striking ‘‘and’’ at the end of clause (xiii);
(2) by striking the period at the end of clause
(xiv) and inserting ‘‘; and’’; and
(3) by adding at the end the following new
clause:
‘‘(xv) any loan of money derived from an ad-
vance on a candidate’s brokerage account, credit card,
home equity line of credit, or other line of credit
available to the candidate, if such loan is made in ac-
cordance with applicable law and under commercially
reasonable terms and if the person making such loan
makes loans in the normal course of the person’s busi-
ness.’’.
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SEC. 403. REPEAL SECRETARY OF COMMERCE REPORTS ON
DISTRICT-SPECIFIC POPULATION.
(a) REPEAL REPORT BY SECRETARY OF COMMERCE
ON DISTRICT-SPECIFIC VOTING AGE POPULATION.—Sec-
tion 315(e) (2 U.S.C. 441a(e)) is amended by striking
‘‘States, of each State, and of each congressional district’’
and inserting ‘‘States and of each State’’.
(b) DEADLINE FOR REPORTING OF CERTAIN ANNUAL
ESTIMATES TO COMMISSION.—
(1) PRICE INDEX.—Section 315(c)(1) (2 U.S.C.
441a(c)(1)) is amended—
(A) by striking ‘‘At the beginning’’ and in-
serting ‘‘Not later than February 15’’; and
(B) by striking ‘‘as there become available
necessary data from the Bureau of Labor Statis-
tics of the Department of Labor,’’.
(2) VOTING AGE POPULATION.—Section 315(e) (2
U.S.C. 441a(e)) is amended by striking ‘‘During the
first week of January 1975, and every subsequent
year,’’ and inserting ‘‘Not later than February 15 of
1975 and each subsequent year,’’.
SEC. 404. TECHNICAL CORRECTION REGARDING TREAT-
MENT OF HONORARIA.
Section 301(8)(B) (2 U.S.C. 431(8)(B)), as amended
by section 402, is further amended—
(1) by adding ‘‘and’’ at the end of clause (xiii);
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(2) by striking clause (xiv); and
(3) by redesignating clause (xv) as clause (xiv).
TITLE V—EFFECTIVE DATE
SEC. 501. EFFECTIVE DATE.
Except as otherwise specifically provided, this Act and
the amendments made by this Act shall apply with respect
to elections occurring after January 2001.