I
105TH CONGRESS
2D SESSION
H. R. 3581
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
MARCH 30, 1998
Mr. THOMAS (for himself, Mr. CASTLE, Mr. HORN, and Mr. UPTON) intro-
duced the following bill; which was referred to the Committee on House
Oversight
MARCH 30, 1998
Considered under suspension of the rules and failed of passage
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,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Campaign Reform and Election Integrity Act of 1998’’.
(b) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I—VOLUNTARY CONTRIBUTIONS
Sec. 101. Prohibiting involuntary use of funds of employees of corporations and
other employers and members of unions and organizations for
political activities.
TITLE II—BANNING NONCITIZEN CONTRIBUTIONS
Sec. 201. Prohibiting noncitizen individuals from making contributions in con-
nection with Federal elections.
Sec. 202. Increase in penalty for violations of ban.
TITLE III—IMPROVING REPORTING AND ENFORCEMENT
Sec. 301. Expediting reporting of information.
Sec. 302. Expansion of type of information reported.
Sec. 303. Promoting effective enforcement by Federal Election Commission.
Sec. 304. Banning acceptance of cash contributions greater than $100.
Sec. 305. Protecting confidentiality of small contributions by employees of cor-
porations and members of labor organizations.
Sec. 306. Disclosure and reports relating to polling by telephone or electronic
device.
TITLE IV—EXCESSIVE SPENDING BY CANDIDATES FROM
PERSONAL FUNDS
Sec. 401. Modification of limitations on contributions when candidates spend or
contribute large amounts of personal funds.
TITLE V—ELECTION INTEGRITY
Subtitle A—Voter Eligibility Verification Pilot Program
Sec. 501. Voter eligibility pilot confirmation program.
Sec. 502. Authorization of appropriations.
Subtitle B—Other Measures to Protect Election Integrity
Sec. 511. Requiring inclusion of citizenship check-off and information with all
applications for voter registration.
Sec. 512. Improving administration of voter removal programs.
TITLE VI—REVISION AND INDEXING OF CERTAIN CONTRIBUTION
LIMITS AND PENALTIES
Sec. 601. Increase in certain contribution limits.
Sec. 602. Indexing limits on certain contributions.
Sec. 603. Indexing amount of penalties and fines.
TITLE VII—RESTRICTIONS ON SOFT MONEY
Sec. 701. Ban on soft money of national political parties and candidates; ban
on use of soft money by State political parties for Federal elec-
tion activity.
Sec. 702. Ban on disbursements of soft money by foreign nationals
Sec. 703. Enforcement of spending limit on presidential and vice presidential
candidates who receive public financing.
Sec. 704. Conspiracy to violate presidential campaign spending limits.
TITLE VIII—DISCLOSURE OF CERTAIN COMMUNICATIONS
Sec. 801. Disclosure of certain communications.
TITLE IX—EFFECTIVE DATE
Sec. 901. Effective date.
TITLE I—VOLUNTARY
CONTRIBUTIONS
SEC. 101. PROHIBITING INVOLUNTARY USE OF FUNDS OF
EMPLOYEES OF CORPORATIONS AND OTHER
EMPLOYERS AND MEMBERS OF UNIONS AND
ORGANIZATIONS FOR POLITICAL ACTIVITIES.
(a) IN GENERAL.—Section 316 of the Federal Elec-
tion Campaign Act of 1971 (2 U.S.C. 441b) is amended
by adding at the end the following new subsection:
‘‘(c)(1)(A) Except with the separate, prior, written,
voluntary authorization of the individual involved, it shall
be unlawful—
‘‘(i) for any national bank or corporation de-
scribed in this section to collect from or assess a
stockholder or employee any portion of any dues, ini-
tiation fee, or other payment made as a condition of
employment which will be used for political activity
in which the national bank or corporation is en-
gaged; and
‘‘(ii) for any labor organization described in this
section to collect from or assess a member or non-
member any portion of any dues, initiation fee, or
other payment which will be used for political activ-
ity in which the labor organization is engaged.
‘‘(B) An authorization described in subparagraph (A)
shall remain in effect until revoked and may be revoked
at any time. Each entity collecting from or assessing
amounts from an individual with an authorization in effect
under such subparagraph shall provide the individual with
a statement that the individual may at any time revoke
the authorization.
‘‘(2)(A) Prior to the beginning of any 12-month pe-
riod (as determined by the corporation), each corporation
described in this section shall provide each of its share-
holders with a notice containing the following:
‘‘(i) The proposed aggregate amount for dis-
bursements for political activities by the corporation
for the period.
‘‘(ii) The individual’s applicable percentage and
applicable pro rata amount for the period.
‘‘(iii) A form that the individual may complete
and return to the corporation to indicate the individ-
ual’s objection to the disbursement of amounts for
political activities during the period.
‘‘(B) It shall be unlawful for a corporation to which
subparagraph (A) applies to make disbursements for polit-
ical activities during the 12-month period described in
such subparagraph in an amount greater than—
‘‘(i) the proposed aggregate amount for such
disbursements for the period, as specified in the no-
tice provided under subparagraph (A); reduced by
‘‘(ii) the sum of the applicable pro rata
amounts for such period of all shareholders who re-
turn the form described in subparagraph (A)(iii) to
the corporation prior to the beginning of the period.
‘‘(C) In this paragraph, the following definitions shall
apply:
‘‘(i) The term ‘applicable percentage’ means,
with respect to a shareholder of a corporation, the
amount (expressed as a percentage) equal to the
number of shares of the corporation (within a par-
ticular class or type of stock) owned by the share-
holder at the time the notice described in subpara-
graph (A) is provided, divided by the aggregate
number of such shares owned by all shareholders of
the corporation at such time.
‘‘(ii) The term ‘applicable pro rata amount’
means, with respect to a shareholder for a 12-month
period, the product of the shareholder’s applicable
percentage for the period and the proposed aggre-
gate amount for disbursements for political activities
by the corporation for the period, as specified in the
notice provided under subparagraph (A).
‘‘(3) For purposes of this subsection, the term ‘politi-
cal activity’ means any activity carried out for the purpose
of influencing (in whole or in part) any election for Fed-
eral office, influencing the consideration or outcome of any
Federal legislation or the issuance or outcome of any Fed-
eral regulations, or educating individuals about candidates
for election for Federal office or any Federal legislation,
law, or regulations.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply to amounts collected or assessed
on or after the date of the enactment of this Act.
TITLE II—BANNING NONCITIZEN
CONTRIBUTIONS
SEC. 201. PROHIBITING NONCITIZEN INDIVIDUALS FROM
MAKING CONTRIBUTIONS IN CONNECTION
WITH FEDERAL ELECTIONS.
(a) PROHIBITION APPLICABLE
TO ALL NONCITI-
ZENS.—Section 319(b)(2) of the Federal Election Cam-
paign Act of 1971 (2 U.S.C. 441e(b)(2)) is amended by
striking ‘‘and who is not lawfully admitted’’ and all that
follows and inserting a period.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply with respect to contributions or
expenditures made on or after the date of the enactment
of this Act.
SEC. 202. INCREASE IN PENALTY FOR VIOLATIONS OF BAN.
(a) APPLICATION OF PENALTY TO FOREIGN NATION-
ALS AND CITIZENS WHO SOLICIT OR ACCEPT FOREIGN
PAYMENTS.—Section 319 of the Federal Election Cam-
paign Act of 1971 (2 U.S.C. 441e) is amended—
(1) by redesignating subsection (b) as sub-
section (c); and
(2) by inserting after subsection (a) the follow-
ing new subsection:
‘‘(b) Notwithstanding any other provision of this Act,
the amount or duration of any penalty, fine, or sentence
imposed on any person who violates subsection (a) shall
be 200 percent of the amount or duration which is other-
wise provided for under this Act or any other applicable
law.’’.
(b) EFFECTIVE DATE.—The amendments made by
this section shall apply with respect to violations occurring
on or after the date of the enactment of this Act.
TITLE III—IMPROVING REPORT-
ING AND ENFORCEMENT
SEC. 301. EXPEDITING REPORTING OF INFORMATION.
(a) PERMITTING CANDIDATES TO ELECT TO FILE
REPORTS
FOR
CONTRIBUTIONS
AND
EXPENDITURES
MADE WITHIN 90 DAYS OF ELECTION WITHIN 24 HOURS
AND POST ON INTERNET.—
(1) IN GENERAL.—Section 304(a) of the Fed-
eral Election Campaign Act of 1971 (2 U.S.C.
434(a)) is amended by adding at the end the follow-
ing new paragraph:
‘‘(12)(A) Notwithstanding any other provision of this
Act, any authorized political committee of a candidate may
notify the Commission that, with respect to each contribu-
tion received or expenditure made by the committee during
the period which begins on the 90th day before an election
and ends at the time the polls close for such election, the
candidate elects to file any information required to be filed
with the Commission under this section with respect to
such contribution or expenditure within 24 hours after the
receipt of the contribution or the making of the expendi-
ture.
‘‘(B) The Commission shall make the information
filed under this paragraph available on the Internet imme-
diately upon receipt.’’.
(2) INTERNET DEFINED.—Section 301(19) of
such Act (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 FOR ALL CONTRIBUTIONS
MADE WITHIN 20 DAYS OF ELECTION; REQUIRING RE-
PORTS
TO
BE
MADE
WITHIN
24 HOURS.—Section
304(a)(6)(A) of such Act (2 U.S.C. 434(a)(6)(A)) is
amended—
(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 con-
tribution is deposited)’’.
(c) REQUIRING ACTUAL RECEIPT OF CERTAIN INDE-
PENDENT EXPENDITURE REPORTS WITHIN 24 HOURS.—
(1) IN
GENERAL.—Section 304(c)(2) of such
Act (2 U.S.C. 434(c)(2)) is amended in the matter
following subparagraph (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 Com-
mission, or any other recipient to whom the no-
tification is required to be sent shall be consid-
ered the time of filing of the statement with the
recipient.’’.
(2) 
CONFORMING
AMENDMENT.—Section
304(a)(5) of such Act (2 U.S.C. 434(a)(5)) is
amended by striking ‘‘or (4)(A)(ii)’’ and inserting
‘‘or (4)(A)(ii), or the second sentence of subsection
(c)(2)’’.
(d) REQUIRING REPORTS OF CERTAIN FILERS TO
BE TRANSMITTED ELECTRONICALLY; CERTIFICATION OF
PRIVATE SECTOR SOFTWARE.—Section 304(a)(11)(A) of
such Act (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 expendi-
tures (as the case may be) in all reports filed with respect
to the election 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 preserved by such means, format, or method.
The Commission shall certify (on an ongoing basis) pri-
vate sector computer software which may be used for filing
reports by such means, format, or method.’’.
(e) CHANGE IN CERTAIN REPORTING FROM A CAL-
ENDAR YEAR BASIS TO AN ELECTION CYCLE BASIS.—
Section 304(b) of such Act (2 U.S.C. 434(b)) is amended
by inserting ‘‘(or election cycle, in the case of an author-
ized committee of a candidate for Federal office)’’ after
‘‘calendar year’’ each place it appears in paragraphs (2),
(3), (4), (6), and (7).
SEC. 302. EXPANSION OF TYPE OF INFORMATION RE-
PORTED.
(a) REQUIRING RECORD KEEPING AND REPORT OF
SECONDARY PAYMENTS BY CAMPAIGN COMMITTEES.—
(1) REPORTING.—Section 304(b)(5)(A) of the
Federal Election Campaign Act of 1971 (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 ag-
gregate $500 or more in an election cycle to other
persons (not including employees) who provide goods
or services to the candidate or the candidate’s au-
thorized committees, the name and address of such
other persons, together with the date, amount, and
purpose of such expenditures;’’.
(2) RECORDKEEPING.—Section 302 of such Act
(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 $500 or more in an
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 sec-
tion.’’.
(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 RE-
PORTS.—Section 304(a)(7) of such Act (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 statement of the total contributions received and expend-
itures made as of the date of the election.’’.
(c) INCLUDING INFORMATION ON AGGREGATE CON-
TRIBUTIONS IN REPORT ON ITEMIZED CONTRIBUTIONS.—
Section 304(b)(3) of such Act (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 per-
son 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. 303. PROMOTING EFFECTIVE ENFORCEMENT BY FED-
ERAL ELECTION COMMISSION.
(a) REQUIRING FEC TO PROVIDE WRITTEN RE-
SPONSES TO QUESTIONS.—
(1) IN
GENERAL.—Title III of the Federal
Election Campaign Act of 1971 (2 U.S.C. 431 et
seq.) is amended by inserting after section 308 the
following 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
application of this Act, chapter 95 or chapter 96 of the
Internal Revenue Code of 1986, a rule or regulation pre-
scribed 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 Com-
mission finds the application of the Act, chapter, rule, reg-
ulation, or advisory opinion to the transaction or activity
to be clear and unambiguous.
‘‘(b) PROCEDURE FOR RESPONSE.—
‘‘(1) ANALYSIS BY STAFF.—The staff of the
Commission shall analyze each request submitted
under this section. If the staff believes that the
standard described in subsection (a) is met with re-
spect to the request, the staff shall circulate a state-
ment to that effect together with a draft response to
the request to the members of the Commission.
‘‘(2) ISSUANCE OF RESPONSE.—Upon the expi-
ration 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 sub-
ject to any sanction provided by this Act or by chap-
ter 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 section may only be relied upon by the person
involved in the specific transaction or activity with
respect 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 en-
forcement or regulatory purposes.
‘‘(d) 
PUBLICATION
OF
REQUESTS
AND
RE-
SPONSES.—The Commission shall make public any re-
quest for a written response made, and the responses
issued, under this section. 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 to Commission to do so.
‘‘(e) COMPILATION
OF INDEX.—The Commission
shall compile, publish, and regularly update a complete
and detailed index of the responses issued under this sec-
tion through which responses may be found on the basis
of the subjects included in the responses.’’.
(2) 
CONFORMING
AMENDMENT.—Section
307(a)(7) of such Act (2 U.S.C. 437d(a)(7)) is
amended by striking ‘‘of this Act’’ and inserting
‘‘and other written responses under section 308A’’.
(b) STANDARD
FOR INITIATION
OF ACTIONS
BY
FEC.—Section 309(a)(2) of such Act (2 U.S.C.
437g(a)(2)) is amended by striking ‘‘it has reason to be-
lieve’’ and all that follows through ‘‘of 1954,’’ and insert-
ing the following: ‘‘it has a reason to investigate 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 Cam-
paign Reform and Election Integrity Act of 1998),’’.
(c) STANDARD FORM FOR COMPLAINTS; STRONGER
DISCLAIMER LANGUAGE.—
(1) STANDARD
FORM.—Section 309(a)(1) of
such Act (2 U.S.C. 437g(a)(1)) is amended by in-
serting after ‘‘shall be notarized,’’ the following:
‘‘shall be in a standard form prescribed by the Com-
mission, shall not include (but may refer to) extra-
neous materials,’’.
(2) 
DISCLAIMER
LANGUAGE.—Section
309(a)(1) of such Act (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 al-
leged to have committed a violation referred to in the com-
plaint shall include a cover letter (in a form prescribed
by the Commission) and the following statement: ‘The en-
closed complaint has been filed against you with the Fed-
eral Election Commission. The Commission has not veri-
fied or given official sanction to the complaint. The Com-
mission will make no decision to pursue the complaint for
a period of at least 15 days from your receipt of this com-
plaint. You may, if you wish, submit a written statement
to the Commission explaining why the Commission should
take no action against you based on this complaint. If the
Commission should decide to investigate, you will be noti-
fied and be given further opportunity to respond.’ ’’.
SEC. 304. BANNING ACCEPTANCE OF CASH CONTRIBU-
TIONS GREATER THAN $100.
Section 315 of the Federal Election Campaign Act
of 1971 (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. 305. PROTECTING CONFIDENTIALITY OF SMALL CON-
TRIBUTIONS BY EMPLOYEES OF CORPORA-
TIONS AND MEMBERS OF LABOR ORGANIZA-
TIONS.
Section 316(b) of the Federal Election Campaign Act
of 1971 (2 U.S.C. 441b(b)) is amended by adding at the
end the following new paragraph:
‘‘(8)(A) Any corporation or labor organization (or
separate segregated fund established by such a corpora-
tion or such a labor organization) making solicitations of
contributions shall make such solicitations in a manner
that ensures that the corporation, organization, or fund
cannot determine who makes a contribution of $100 or
less as a result of such solicitation and who does not make
such a contribution.
‘‘(B) Subparagraph (A) shall not apply with respect
to any solicitation of contributions of a corporation from
its stockholders.’’.
SEC. 306. DISCLOSURE AND REPORTS RELATING TO POLL-
ING BY TELEPHONE OR ELECTRONIC DEVICE.
Title III of the Federal Election Campaign Act of
1971 (2 U.S.C. 431 et seq.) is amended by adding at the
end the following new section:
‘‘DISCLOSURE AND REPORTS RELATING TO POLLING BY
TELEPHONE OR ELECTRONIC DEVICE
‘‘SEC. 323. (a) DISCLOSURE OF IDENTITY OF PER-
SON PAYING EXPENSES OF POLL.—Any person who con-
ducts a Federal election poll by telephone or electronic de-
vice shall disclose to each respondent the identity of the
person paying the expenses of the poll. The disclosure
shall be made at the end of the interview involved.
‘‘(b) REPORTING CERTAIN INFORMATION.—In the
case of any Federal election poll taken by telephone or
electronic device during the 90-day period which ends on
the date of the election involved—
‘‘(1) if the results are not to be made public,
the person who conducts the poll shall report to the
Commission the total cost of the poll and all sources
of funds for the poll; and
‘‘(2) the person who conducts the poll shall re-
port to the Commission the total number of house-
holds contacted and include with such report a copy
of the poll questions.
‘‘(c) FEDERAL ELECTION POLL DEFINED.—As used
in this section, the term ‘Federal election poll’ means a
survey—
‘‘(1) in which the respondent is asked to state
a preference in a future election for Federal office;
and
‘‘(2) in which more than 1,200 households are
surveyed.’’.
TITLE IV—EXCESSIVE SPENDING
BY CANDIDATES FROM PER-
SONAL FUNDS
SEC. 401. MODIFICATION OF LIMITATIONS ON CONTRIBU-
TIONS WHEN CANDIDATES SPEND OR CON-
TRIBUTE LARGE AMOUNTS OF PERSONAL
FUNDS.
(a) IN GENERAL.—Section 315 of the Federal Elec-
tion Campaign Act of 1971 (2 U.S.C. 441a), as amended
by section 304, is amended by adding at the end the fol-
lowing new subsection:
‘‘(j)(1) Notwithstanding subsection (a), if in a gen-
eral election a House candidate makes expenditures of per-
sonal funds (including contributions by the candidate to
the candidate’s authorized campaign committee) in an
amount in excess of the amount of the limitation estab-
lished under subsection (a)(1)(A) and less than or equal
to $150,000 (as reported under section 304(a)(2)(A)), a
political party committee may make contributions to an
opponent of the House candidate without regard to any
limitation otherwise applicable to such contributions under
subsection (a), except that no opponent may accept aggre-
gate contributions under this paragraph in an amount
greater than the greatest amount of personal funds ex-
pended (including contributions to the candidate’s author-
ized campaign committee) by any House candidate (other
than such opponent) with respect to the election, less any
personal funds expended by such opponent (as reported
in a notification submitted under section 304(a)(6)(B)).
‘‘(2) If a House candidate makes expenditures of per-
sonal funds (including contributions by the candidate to
the candidate’s authorized campaign committee) with re-
spect to an election in an amount greater than $150,000
(as reported under section 304(a)(2)(A)), the following
rules shall apply:
‘‘(A) In the case of a general election, the limi-
tations under subsections (a)(1), (a)(2), and (a)(3)
(insofar as such limitations apply to political party
committees and to individuals, and to other political
committees to the extent that the amount contrib-
uted does not exceed 10 times the amount of the
limitation otherwise applicable under such sub-
section) shall not apply to contributions to any oppo-
nent of the candidate, except that no opponent may
accept aggregate contributions under this subpara-
graph and paragraph (1) in an amount greater than
the greatest amount of personal funds (including
contributions to the candidate’s authorized campaign
committee) expended by any House candidate with
respect to the election, less any personal funds ex-
pended by such opponent (as reported in a notifica-
tion submitted under section 304(a)(6)(B)).
‘‘(B) In the case of an election other than a
general election, the limitations under subsections
(a)(1) and (a)(2) (insofar as such limitations apply
to individuals and to political committees other than
political party committees to the extent that the
amount contributed does not exceed 10 times the
amount of the limitation otherwise applicable under
such subsection) shall not apply to contributions to
any opponent of the candidate, except that no oppo-
nent may accept aggregate contributions under this
subparagraph in an amount greater than the great-
est amount of personal funds (including contribu-
tions to the candidate’s authorized campaign com-
mittee) expended by any House candidate with re-
spect to the election, less any personal funds ex-
pended by such opponent (as reported in a notifica-
tion submitted under section 304(a)(6)(B)).
‘‘(3) In this subsection, the term ‘House candidate’
means a candidate in an election for the office of Rep-
resentative in, or Delegate or Resident Commissioner to,
the Congress.’’.
(b) NOTIFICATION OF EXPENDITURES OF PERSONAL
FUNDS.—Section 304(a)(6) of such Act (2 U.S.C.
434(a)(6)) is amended—
(1) by redesignating subparagraph (B) as sub-
paragraph (C); and
(2) by inserting after subparagraph (A) the fol-
lowing new subparagraph:
‘‘(B)(i) The principal campaign committee of a
House candidate (as defined in section 315(j)(3)) shall
submit the following notifications relating to expenditures
of personal funds by such candidate (including contribu-
tions by the candidate to such committee):
‘‘(I) A notification of the first such expenditure
(or contribution) by which the aggregate amount of
personal funds expended (or contributed) with re-
spect to an election exceeds the amount of the limi-
tation established under section 315(a)(1)(A) for
elections in the year involved.
‘‘(II) A notification of each such expenditure
(or contribution) which, taken together with all such
expenditures (and contributions) in any amount not
included in the most recent report under this sub-
paragraph, totals $5,000 or more.
‘‘(III) A notification of the first such expendi-
ture (or contribution) by which the aggregate
amount of personal funds expended with respect to
the election exceeds the level applicable under sec-
tion 315(j)(2) for elections in the year involved.
‘‘(ii) Each of the notifications submitted under clause
(i)—
‘‘(I) shall be submitted not later than 24 hours
after the expenditure or contribution which is the
subject of the notification is made;
‘‘(II) shall include the name of the candidate,
the office sought by the candidate, and the date of
the expenditure or contribution and amount of the
expenditure or contribution involved; and
‘‘(III) shall include the total amount of all such
expenditures and contributions made with respect to
the same election as of the date of expenditure or
contribution which is the subject of the notifica-
tion.’’.
TITLE V—ELECTION INTEGRITY
Subtitle A—Voter Eligibility
Verification Pilot Program
SEC. 501. VOTER ELIGIBILITY PILOT CONFIRMATION PRO-
GRAM.
(a) IN GENERAL.—The Attorney General, in con-
sultation with the Commissioner of Social Security, shall
establish a pilot program to test a confirmation system
through which they—
(1) respond to inquiries, made by State and
local officials (including voting registrars) with re-
sponsibility for determining an individual’s qualifica-
tion to vote in a Federal, State, or local election, to
verify the citizenship of an individual who has sub-
mitted a voter registration application, and
(2) maintain such records of the inquiries made
and verifications provided as may be necessary for
pilot program evaluation.
In order to make an inquiry through the pilot program
with respect to an individual, an election official shall pro-
vide the name, date of birth, and last 4 digits of the social
security account number of the individual.
(b) INITIAL RESPONSE.—The pilot program shall
provide for a confirmation or a tentative nonconfirmation
of an individual’s citizenship by the Commissioner of So-
cial Security as soon as practicable after an initial inquiry
to the Commissioner.
(c) SECONDARY VERIFICATION PROCESS IN CASE OF
TENTATIVE NONCONFIRMATION.—In cases of tentative
nonconfirmation, the Attorney General shall specify, in
consultation with the Commissioner of Social Security and
the Commissioner of the Immigration and Naturalization
Service, an available secondary verification process to con-
firm the validity of information provided and to provide
a final confirmation or nonconfirmation as soon as prac-
ticable after the date of the tentative nonconfirmation.
(d) DESIGN AND OPERATION OF PILOT PROGRAM.—
(1) IN GENERAL.—The pilot program shall be
designed and operated—
(A) to apply in, at a minimum, the States
of California, New York, Texas, Florida, and Il-
linois;
(B) to be used on a voluntary basis, as a
supplementary information source, by State and
local election officials for the purpose of assess-
ing, through citizenship verification, the eligi-
bility of an individual to vote in Federal, State,
or local elections;
(C) to respond to an inquiry concerning
citizenship only in a case where determining
whether an individual is a citizen is—
(i) necessary for determining whether
the individual is eligible to vote in an elec-
tion for Federal, State, or local office; and
(ii) part of a program or activity to
protect the integrity of the electoral proc-
ess that is uniform, nondiscriminatory, and
in compliance with the Voting Rights Act
of 1965 (42 U.S.C. 1973 et seq.);
(D) to maximize its reliability and ease of
use, consistent with insulating and protecting
the privacy and security of the underlying infor-
mation;
(E) to permit inquiries to be made to the
pilot program through a toll-free telephone line
or other toll-free electronic media;
(F) to respond to all inquiries made by au-
thorized persons and to register all times when
the pilot program is not responding to inquiries
because of a malfunction;
(G) with appropriate administrative, tech-
nical, and physical safeguards to prevent unau-
thorized disclosure of personal information, in-
cluding violations of the requirements of section
205(c)(2)(C)(viii) of the Social Security Act;
and
(H) to have reasonable safeguards against
the pilot program’s resulting in unlawful dis-
criminatory practices based on national origin
or citizenship status, including the selective or
unauthorized use of the pilot program.
(2) USE
OF
EMPLOYMENT
ELIGIBILITY
CON-
FIRMATION SYSTEM.—To the extent practicable, in
establishing the confirmation system under this sec-
tion, the Attorney General, in consultation with the
Commissioner of Social Security, shall use the em-
ployment eligibility confirmation system established
under section 404 of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (Public
Law 104–208; 110 Stat. 3009–664).
(e) RESPONSIBILITIES OF THE COMMISSIONER OF
SOCIAL SECURITY.—As part of the pilot program, the
Commissioner of Social Security shall establish a reliable,
secure method which compares the name, date of birth,
and last 4 digits of the social security account number
provided in an inquiry against such information main-
tained by the Commissioner, in order to confirm (or not
confirm) the correspondence of the name, date of birth,
and number provided and whether the individual is shown
as a citizen of the United States on the records maintained
by the Commissioner (including whether such records
show that the individual was born in the United States).
The Commissioner shall not disclose or release social secu-
rity information (other than such confirmation or noncon-
firmation).
(f) RESPONSIBILITIES OF THE COMMISSIONER OF
THE IMMIGRATION AND NATURALIZATION SERVICE.—As
part of the pilot program, the Commissioner of the Immi-
gration and Naturalization Service shall establish a reli-
able, secure method which compares the name and date
of birth which are provided in an inquiry against informa-
tion maintained by the Commissioner in order to confirm
(or not confirm) the validity of the information provided,
the correspondence of the name and date of birth, and
whether the individual is a citizen of the United States.
(g) UPDATING INFORMATION.—The Commissioner of
Social Security and the Commissioner of the Immigration
and Naturalization Service shall update their information
in a manner that promotes the maximum accuracy and
shall provide a process for the prompt correction of erro-
neous information, including instances in which it is
brought to their attention in the secondary verification
process described in subsection (c) or in any action by an
individual to use the process provided under this sub-
section upon receipt of notification from an election offi-
cial under subsection (i).
(h) LIMITATION ON USE OF THE PILOT PROGRAM
AND ANY RELATED SYSTEMS.—
(1) IN GENERAL.—Notwithstanding any other
provision of law, nothing in this section shall be con-
strued to permit or allow any department, bureau,
or other agency of the United States Government to
utilize any information, data base, or other records
assembled under this section for any other purpose
other than as provided for under this section.
(2) NO
NATIONAL
IDENTIFICATION
CARD.—
Nothing in this section shall be construed to author-
ize, directly or indirectly, the issuance or use of na-
tional identification cards or the establishment of a
national identification card.
(3) NO NEW DATA BASES.—Nothing in this sec-
tion shall be construed to authorize, directly or indi-
rectly, the Attorney General and the Commissioner
of Social Security to create any joint computer data
base that is not in existence on the date of the en-
actment of this Act.
(i) ACTIONS BY ELECTION OFFICIALS UNABLE TO
CONFIRM CITIZENSHIP.—
(1) IN
GENERAL.—If an election official re-
ceives a notice of final nonconfirmation under sub-
section (c) with respect to an individual, the offi-
cial—
(A) shall notify the individual in writing;
and
(B) shall inform the individual in writing
of the individual’s right to use—
(i) the process provided under sub-
section (g) for the prompt correction of er-
roneous information in the pilot program;
or
(ii) any other process for establishing
eligibility to vote provided under State or
Federal law.
(2) REGISTRATION APPLICANTS.—In the case
of an individual who is an applicant for voter reg-
istration, and who receives a notice from an official
under paragraph (1), the official may (subject to,
and in a manner consistent with, State law) reject
the application (subject to the right to reapply), but
only if the following conditions have been satisfied:
(A) The 30-day period beginning on the
date the notice was mailed or otherwise pro-
vided to the individual has elapsed.
(B) During such 30-day period, the official
did not receive adequate confirmation of the
citizenship of the individual from—
(i) a source other than the pilot pro-
gram established under this section; or
(ii) such pilot program, pursuant to a
new inquiry to the pilot program made by
the official upon receipt of information
(from the individual or through any other
reliable source) that erroneous or incom-
plete material information previously in the
pilot program has been updated, supple-
mented, or corrected.
(3) INELIGIBLE VOTER REMOVAL PROGRAMS.—
In the case of an individual who is registered to
vote, and who receives a notice from an official
under paragraph (1) in connection with a program
to remove the names of ineligible voters from an of-
ficial list of eligible voters, the official may (subject
to, and in a manner consistent with, State law) re-
move the name of the individual from the list (sub-
ject to the right to submit another voter registration
application), but only if the following conditions have
been satisfied:
(A) The 30-day period beginning on the
date the notice was mailed or otherwise pro-
vided to the individual has elapsed.
(B) During such 30-day period, the official
did not receive adequate confirmation of the
citizenship of the individual from a source de-
scribed in clause (i) or (ii) of paragraph (2)(B).
(j) AUTHORITY TO USE SOCIAL SECURITY ACCOUNT
NUMBERS.—Any State (or political subdivision thereof)
may, for the purpose of making inquiries under the pilot
program in the administration of any voter registration
law within its jurisdiction, use the last 4 digits of the so-
cial security account numbers issued by the Commissioner
of Social Security, and may, for such purpose, require any
individual who is or appears to be affected by a voter reg-
istration law of such State (or political subdivision there-
of) to furnish to such State (or political subdivision there-
of) or any agency thereof having administrative respon-
sibility for such law, the last 4 digits of the social security
account number (or numbers, if the individual has more
than one such number) issued to the individual by the