[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 7 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                  S. 7

 To amend the Federal Election Campaign Act of 1971 to reduce special 
 interest influence on elections, to increase competition in politics, 
           to reduce campaign costs, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             January 21 (legislative day, January 5), 1993

   Mr. Dole (for himself, Mr. McConnell, Mr. Packwood, Mr. Lott, Mr. 
    Gorton, Mr. Thurmond, Mr. Domenici, Mr. Lugar, Mr. D'Amato, Mr. 
   Simpson, Mr. Stevens, Mr. Nickles, and Mr. Chafee) introduced the 
 following bill; which was read twice and referred to the Committee on 
                        Rules and Administration

_______________________________________________________________________

                                 A BILL


 
 To amend the Federal Election Campaign Act of 1971 to reduce special 
 interest influence on elections, to increase competition in politics, 
           to reduce campaign costs, and for other purposes.

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

SECTION 1. SHORT TITLE; AMENDMENT OF FECA; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Comprehensive 
Campaign Finance Reform Act of 1993''.
    (b) Amendment of FECA.--When used in this Act, the term ``FECA'' 
means the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.).
    (c) Table of Contents.--

Sec. 1. Short title; amendment of FECA; table of contents.
            TITLE I--REDUCTION OF SPECIAL INTEREST INFLUENCE

  Subtitle A--Elimination of Political Action Committees From Federal 
                          Election Activities

Sec. 101. Ban on activities of political action committees in Federal 
                            elections.
           Subtitle B--Ban on Soft Money in Federal Elections

Sec. 111. Ban on soft money.
Sec. 112. Restrictions on party committees.
Sec. 113. Protections for employees.
Sec. 114. Restrictions on soft money activities of tax-exempt 
                            organizations.
Sec. 115. Denial of tax-exempt status for certain politically active 
                            organizations.
Sec. 116. Contributions to certain political organizations maintained 
                            by a candidate.
Sec. 117. Contributions to State and local committees.
                      Subtitle C--Other Activities

Sec. 121. Modifications of contribution limits on individuals.
Sec. 122. Political parties.
Sec. 123. Contributions through intermediaries and conduits.
Sec. 124. Independent expenditures.
             TITLE II--INCREASE OF COMPETITION IN POLITICS

Sec. 201. Seed money for challengers.
Sec. 202. Candidate expenditures from personal funds.
Sec. 203. Franked communications.
Sec. 204. Limitations on gerrymandering.
Sec. 205. Election fraud, other public corruption, and fraud in 
                            interstate commerce.
                 TITLE III--REDUCTION OF CAMPAIGN COSTS

Sec. 301. Broadcast discount.
                   TITLE IV--MISCELLANEOUS PROVISIONS

     Subtitle A--Federal Election Commission Enforcement Authority

Sec. 401. Elimination of reason to believe standard.
Sec. 402. Injunctive authority.
Sec. 403. Time periods.
Sec. 404. Knowing violation penalties.
Sec. 405. Court resolved violations and penalties.
Sec. 406. Private civil actions.
Sec. 407. Knowing violations resolved in court.
Sec. 408. Action on complaint by Commission.
Sec. 409. Violation of confidentiality requirement.
Sec. 410. Penalty in Attorney General actions.
Sec. 411. Amendments relating to enforcement and judicial review.
Sec. 412. Tightening enforcement.
                      Subtitle B--Other Provisions

Sec. 421. Disclosure of debt settlement and loan security agreements.
Sec. 422. Contributions for draft and encouragement purposes with 
                            respect to elections for Federal office.
Sec. 423. Severability.
Sec. 424. Effective date.

            TITLE I--REDUCTION OF SPECIAL INTEREST INFLUENCE

  Subtitle A--Elimination of Political Action Committees From Federal 
                          Election Activities

SEC. 101. BAN ON ACTIVITIES OF POLITICAL ACTION COMMITTEES IN FEDERAL 
              ELECTIONS.

    (a) In General.--Title III of FECA (2 U.S.C. 301 et seq.) is 
amended by adding at the end the following new section:

  ``ban on federal election activities by political action committees

    ``Sec. 324. Notwithstanding any other provision of this Act, no 
person other than an individual or a political committee may make 
contributions, solicit or receive contributions, or make expenditures 
for the purpose of influencing an election for Federal office.''.
    (b) Definition of Political Committee.--(1) Section 301(4) of FECA 
(2 U.S.C. 431(4)) is amended to read as follows:
            ``(4) The term `political committee' means--
                    ``(A) the principal campaign committee of a 
                candidate;
                    ``(B) any national, State, or district committee of 
                a political party, including any subordinate committee 
                thereof;
                    ``(C) any local committee of a political party 
                which--
                            ``(i) receives contributions aggregating in 
                        excess of $5,000 during a calendar year;
                            ``(ii) makes payments exempted from the 
                        definition of contribution or expenditure under 
                        paragraph (8) or (9) aggregating in excess of 
                        $5,000 during a calendar year; or
                            ``(iii) makes contributions or expenditures 
                        aggregating in excess of $1,000 during a 
                        calendar year; and
                    ``(D) any committee jointly established by a 
                principal campaign committee and any committee 
                described in subparagraph (B) or (C) for the purpose of 
                conducting joint fundraising activities.''.
    (2) Section 316(b)(2) of FECA (2 U.S.C. 441b(b)(2)) is amended by 
striking subparagraphs (B) and (C).
    (c) Candidate's Committees.--(1) Section 315(a) of FECA (2 U.S.C. 
441a(a)) is amended by adding at the end the following new paragraph:
    ``(9) For the purposes of the limitations provided by paragraphs 
(1) and (2), any political committee which is established or financed 
or maintained or controlled by any candidate or Federal officeholder 
shall be deemed to be an authorized committee of such candidate or 
officeholder.''.
    (2) Section 302(e)(3) of FECA (2 U.S.C. 432) is amended to read as 
follows:
    ``(3) No political committee that supports or has supported more 
than one candidate may be designated as an authorized committee, except 
that--
            ``(A) a candidate for the office of President nominated by 
        a political party may designate the national committee of such 
        political party as the candidate's principal campaign 
        committee, but only if that national committee maintains 
        separate books of account with respect to its functions as a 
        principal campaign committee; and
            ``(B) a candidate may designate a political committee 
        established solely for the purpose of joint fundraising by such 
        candidates as an authorized committee.''.
    (d) Rules Applicable When Ban Not in Effect.--For purposes of the 
Federal Election Campaign Act of 1971, during any period in which the 
limitation under section 324 of that Act (as added by subsection (a)) 
is not in effect--
            (1) the amendments made by subsections (a) and (b) shall 
        not be in effect; and
            (2) it shall be unlawful for any person that--
                    (A) is treated as a political committee by reason 
                of paragraph (1); and
                    (B) is not directly or indirectly established, 
                administered, or supported by a connected organization 
                which is a corporation, labor organization, or trade 
                association,
        to make contributions to any candidate or the candidate's 
        authorized committee for any election aggregating in excess of 
        $1,000.

           Subtitle B--Ban on Soft Money in Federal Elections

SEC. 111. BAN ON SOFT MONEY.

    Section 315 of FECA (2 U.S.C. 441a) is amended by adding at the end 
the following new subsection:
    ``(i) Ban on Soft Money.--(1) It shall be unlawful for the purpose 
of influencing any election to Federal office--
            ``(A) to solicit or receive any soft money; or
            ``(B) to make any payments from soft money.
    ``(2) For purposes of paragraph (1), the term `soft money' means 
any amount--
            ``(A) solicited or received from a source which is 
        prohibited under section 316(a);
            ``(B) contributed, solicited, or received in excess of the 
        contribution limits under section 315; or
            ``(C) not subject to the recordkeeping, reporting, or 
        disclosure requirements under section 304 or any other 
        provision of this Act.''.

SEC. 112. RESTRICTIONS ON PARTY COMMITTEES.

    (a) Disclosure of Information by Political Committee.--(1) Section 
302(c) of FECA (2 U.S.C. 432(c)) is amended--
            (A) by striking ``and'' at the end of paragraph (4);
            (B) by striking the period at the end of paragraph (5) and 
        inserting ``; and''; and
            (C) by adding at the end the following new paragraph:
            ``(6) each account maintained by a political committee of a 
        political party (including Federal and non-Federal accounts), 
        and deposits into, and disbursements from, each such 
        account.''.
    (2) Section 304(b) of FECA (2 U.S.C. 434(b)) is amended--
            (A) by striking ``and'' at the end of paragraph (7);
            (B) by striking the period at the end of paragraph (8) and 
        inserting ``; and''; and
            (C) by adding at the end the following new paragraph:
            ``(9) each account maintained by a political committee of a 
        political party (including Federal and non-Federal accounts), 
        and deposits into, and disbursements from, each such 
        account.''.
    (b) Allocation of Expenditures for Mixed Activities.--Title III of 
FECA, as amended by section 101(a), is amended by adding at the end the 
following new section:

   ``required allocation of contributions and expenditures for mixed 
                activities by political party committees

    ``Sec. 325. (a) Regulations Requiring Allocation for Mixed 
Activities.--Not later than 180 days after the date of the enactment of 
this section, the Commission shall issue regulations providing for a 
method for allocating the contributions and expenditures for any mixed 
activity between Federal and non-Federal accounts.
    ``(b) Guidelines for Allocation.--(1) The regulations issued under 
subsection (a) shall--
            ``(A) provide for the allocation of contributions and 
        expenditures in accordance with this subsection; and
            ``(B) require reporting under this Act of expenditures in 
        connection with a mixed activity to disclose--
                    ``(i) the method and rationale used in allocating 
                the cost of the mixed activity to Federal and non-
                Federal accounts; and
                    ``(ii) the amount and percentage of the cost of the 
                mixed activity allocated to such accounts.
    ``(2) In the case of a mixed activity that consists of a voter 
registration drive, get-out-the-vote drive, or other activity designed 
to contact voters (other than an activity to which paragraph (3) or (4) 
applies), amounts shall be allocated on the basis of the composition of 
the ballot for the political jurisdiction in which the activity occurs, 
except that in no event shall the amounts allocated to the Federal 
account be less than--
            ``(A) 33\1/3\ percent of the total amount in the case of 
        the national committee of a political party; or
            ``(B) 25 percent of the total amount in the case of a State 
        or local committee of a political party or any subordinate 
        committee thereof.
    ``(3) In the case of a mixed activity that consists of preparing 
and distributing brochures, handbills, slate cards, or other printed 
materials identifying or seeking support of (or opposition to) 
candidates for both Federal offices and non-Federal offices, amounts 
shall be allocated on the basis of total space devoted to such 
candidates, except that in no event shall the amounts allocated to the 
Federal account be less than the percentages under subparagraph (A) or 
(B) of paragraph (2).
    ``(4)(A) In the case of a mixed activity by a national committee of 
a political party that consists of broadcast media advertising (or any 
portion thereof) that promotes (or is in opposition to) a political 
party without mentioning the name of any individual candidate for 
Federal office or non-Federal office, amounts allocated to the Federal 
account shall not be less than--
            ``(i) 50 percent of the total amount in the case of 
        advertising in the national media market; and
            ``(ii) 40 percent in the case of advertising in other than 
        the national media market.
    ``(B) In the case of a mixed activity by a State or local committee 
of a political party or any subordinate committee thereof that consists 
of broadcast media advertising (or any portion thereof) described in 
subparagraph (A), costs shall be allocated on the basis of the 
composition of the ballot for the political jurisdiction in which the 
activity occurs, except that in no event shall the amounts allocated to 
the Federal account be less than 33\1/3\ percent of the total amount.
    ``(5) Overhead and fundraising costs of a political committee of a 
political party for each 2-calendar year period ending with the 
calendar year in which a regularly scheduled election for Federal 
office occurs shall be allocated to the Federal account on the basis of 
the same ratio which--
            ``(A) the aggregate amount of receipts and disbursements of 
        such political committee during such period in connection with 
        elections for Federal office, bears to
            ``(B) the aggregate amount of receipts and disbursements of 
        such political committee during such period.
    ``(c) Mixed Activity.--(1) For purposes of this section, the term 
`mixed activity' means an activity the expenditures in connection with 
which are required under this Act to be allocated between Federal and 
non-Federal accounts because such activity affects 1 or more elections 
for Federal office and 1 or more non-Federal elections.
    ``(2) Activities under paragraph (1) include--
                    ``(A) voter registration drives, get-out-the-vote 
                drives, telephone banks, and membership communications 
                in connection with elections for Federal offices and 
                elections for non-Federal offices;
                    ``(B) general political advertising, brochures, or 
                other materials that include any reference (however 
                incidental) to both a candidate for Federal office and 
                a candidate for non-Federal office, or that urge 
                support for or opposition to a political party or to 
                all the candidates of a political party;
                    ``(C) overhead expenses; and
                    ``(D) activities described in clauses (v), (x), and 
                (xii) of section 301(8)(B).
    ``(d) Accounts.--For purposes of this section--
            ``(1) the term `Federal account' means an account to which 
        receipts and disbursements are allocated to elections for 
        Federal offices; and
            ``(2) the term `non-Federal account' means an account to 
        which receipts and disbursements are allocated to elections 
        other than non-Federal offices.''.

SEC. 113. PROTECTION FOR EMPLOYEES.

    (a) Contributions to All Political Committees Included.--Section 
316(b)(2) of FECA (2 U.S.C. 441b(b)(2)) is amended by inserting 
``political committee,'' after ``campaign committee,''.
    (b) Applicability of Requirements to Labor Organizations.--Section 
316(b) of FECA (2 U.S.C. 441b(b)) is amended by adding at the end the 
following new paragraph:
    ``(8)(A) Subparagraphs (A), (B), and (C) of paragraph (2) shall not 
apply to a labor organization unless the organization meets the 
requirements of subparagraphs (B), (C), and (D).
    ``(B) The requirements of this subparagraph are met only if the 
labor organization provides, at least once annually, to all employees 
within the labor organization's bargaining unit or units (and to new 
employees within 30 days after commencement of their employment) 
written notification presented in a manner to inform any such 
employee--
            ``(i) that an employee cannot be obligated to pay, through 
        union dues or any other mandatory payment to a labor 
        organization, for the political activities of the labor 
        organization, including, but not limited to, the maintenance 
        and operation of, or solicitation of contributions to, a 
        political committee, political communications to members, and 
        voter registration and get-out-the-vote campaigns;
            ``(ii) that no employee may be required actually to join 
        any labor organization, but if a collective bargaining 
        agreement covering an employee purports to require membership 
        or payment of dues or other fees to a labor organization as a 
        condition of employment, the employee may elect instead to pay 
        an agency fee to the labor organization;
            ``(iii) that the amount of the agency fee shall be limited 
        to the employee's pro rata share of the cost of the labor 
        organization's exclusive representation services to the 
        employee's collective bargaining unit, including collective 
        bargaining, contract administration, and grievance adjustment;
            ``(iv) that an employee who elects to be a full member of 
        the labor organization and pay membership dues is entitled to a 
        reduction of those dues by the employee's pro rata share of the 
        total spending by the labor organization for political 
        activities;
            ``(v) that the cost of the labor organization's exclusive 
        representation services, and the amount of spending by such 
        organization for political activities, shall be computed on the 
        basis of such cost and spending for the immediately preceding 
        fiscal year of such organization; and
            ``(vi) of the amount of the labor organization's full 
        membership dues, initiation fees, and assessments for the 
        current year; the amount of the reduced membership dues, 
        subtracting the employee's pro rata share of the organization's 
        spending for political activities, for the current year; and 
        the amount of the agency fee for the current year.
    ``(C) The requirements of this subparagraph are met only if, for 
purposes of verifying the cost of such labor organization's exclusive 
representation services, the labor organization provides all 
represented employees an annual examination by an independent certified 
public accountant of financial statements supplied by such organization 
which verify the cost of such services; except that such examination 
shall, at a minimum, constitute a `special report' as interpreted by 
the Association of Independent Certified Public Accountants.
    ``(D) The requirements of this subparagraph are met only if the 
labor organization--
            ``(i) maintains procedures to promptly determine the costs 
        that may properly be charged to agency fee payors as costs of 
        exclusive representation, and explains such procedures in the 
        written notification required under subparagraph (B); and
            ``(ii) if any person challenges the costs which may be 
        properly charged as costs of exclusive representation--
                    ``(I) provides a mutually selected impartial 
                decisionmaker to hear and decide such challenge 
                pursuant to rules of discovery and evidence and subject 
                to de novo review by the National Labor Relations Board 
                or an applicable court; and
                    ``(II) places in escrow amounts reasonably in 
                dispute pending the outcome of the challenge.
    ``(E)(i) A labor organization that does not satisfy the 
requirements of subparagraphs (B), (C), and (D) shall finance any 
expenditures specified in subparagraphs (A), (B), or (C) of paragraph 
(2) only with funds legally collected under this Act for its separate 
segregated fund.
    ``(ii) For purposes of this paragraph, subparagraph (A) of 
paragraph (2) shall apply only with respect to communications expressly 
advocating the election or defeat of any clearly identified candidate 
for elective public office.''.

SEC. 114. RESTRICTIONS ON SOFT MONEY ACTIVITIES OF TAX-EXEMPT 
              ORGANIZATIONS.

    (a) In General.--Section 501 of the Internal Revenue Code of 1986 
(relating to exemption from tax) is amended by redesignating subsection 
(n) as subsection (o) and by inserting after subsection (m) the 
following new subsection:
    ``(n) Denial of Tax-Exempt Status for Activities To Influence a 
Federal Election.--An organization shall not be treated as exempt from 
tax under subsection (a) if such organization participates or 
intervenes in any political campaign on behalf of or in opposition to 
any candidate for Federal office.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to any participation or intervention by an organization on or 
after September 1, 1992.

SEC. 115. DENIAL OF TAX-EXEMPT STATUS FOR CERTAIN POLITICALLY ACTIVE 
              ORGANIZATIONS.

    (a) In General.--Section 501 of the Internal Revenue Code of 1986 
(relating to exemption from tax), as amended by section 114, is amended 
by redesignating subsection (o) as subsection (p) and by inserting 
after subsection (n) the following new subsection:
    ``(o) Denial of Tax-Exempt Status for Certain Politically Active 
Organizations.--
            ``(1) In general.--An organization shall not be treated as 
        exempt from tax under subsection (a) if--
                    ``(A) such organization devotes any of its 
                operating budget to--
                            ``(i) voter registration or get-out-the-
                        vote campaigns; or
                            ``(ii) participation or intervention in any 
                        political campaign on behalf of or in 
                        opposition to any candidate for public office; 
                        and
                    ``(B) a candidate, or an authorized committee of a 
                candidate, has--
                            ``(i) solicited contributions to, or on 
                        behalf of, such organization; and
                            ``(ii) the solicitation is made in 
                        cooperation, consultation, or concert with, or 
                        at the request or suggestion of, such 
                        organization.
            ``(2) Candidate defined.--For purposes of this subsection--
                    ``(A) In general.--The term `candidate' has the 
                meaning given such term by paragraph (2) of section 301 
                of the Federal Election Campaign Act of 1971 (2 U.S.C. 
                431(2)).
                    ``(B) Members of congress.--The term `candidate' 
                shall include any Senator or Representative in, or 
                Delegate or Resident Commissioner to, the Congress 
                unless--
                            ``(i) the date for filing for nomination, 
                        or election to, such office has passed and such 
                        individual has not so filed, and
                            ``(ii) such individual is not otherwise a 
                        candidate described in subparagraph (A).''.
    (b) Effective Date.--The amendments made by this section shall 
apply to taxable years ending after the date of enactment of this Act, 
but only with respect to solicitations or suggestions by candidates 
made after the date of enactment of this Act.

SEC. 116. CONTRIBUTIONS TO CERTAIN POLITICAL ORGANIZATIONS MAINTAINED 
              BY A CANDIDATE.

    (a) Contributions by Persons in General and by Multicandidate 
Political Committees.--(1) Section 315(a)(1)(A) of FECA (2 U.S.C. 
441a(a)(1)(A)) is amended by striking ``candidate and his authorized 
political committees'' and inserting ``candidate, a candidate's 
authorized political committees, and any political organizations (other 
than authorized committees) maintained by a candidate,''.
    (2) Section 315(a)(2)(A) of FECA (2 U.S.C. 441a(a)(2)(A)) is 
amended by striking ``candidate and his authorized political 
committees'' and inserting ``candidate, a candidate's authorized 
political committees, and any political organizations (other than 
authorized committees) maintained by a candidate,''.
    (3) Section 315(a) of FECA (2 U.S.C. 441a(a)), as amended by 
section 101(c), is amended by inserting at the end the following new 
paragraph:
    ``(10) For the purposes of paragraphs (1)(A) and (2)(A), the term 
`political organization maintained by a candidate' means any non-
Federal political action committee, non-Federal multicandidate 
political committee, or any other form of political organization 
regulated under State law which is not a political committee of a 
national, State, or local political party--
            ``(A) that is set up by or on behalf of a candidate and 
        engages in political activity which directly influences Federal 
        elections; and
            ``(B) for which that candidate has solicited a 
        contribution.''.
    (b) Contributions by National Banks, Corporations, and Labor 
Organizations.--(1) Section 316(b)(2) of the FECA (2 U.S.C. 441b(b)(2)) 
is amended by striking ``candidate, campaign committee'' and inserting 
``candidate, political organization (other than an authorized 
committee) maintained by a candidate, campaign committee,''.
    (2) Section 316(b) of FECA (2 U.S.C. 441b(b)), as amended by 
section 113(b), is amended by inserting at the end the following new 
paragraph:
    ``(9) For the purposes of paragraph (2), the term `political 
organization maintained by a candidate' means any non-Federal political 
action committee, non-Federal multicandidate political committee, or 
any other form of political organization regulated under State law 
which is not a political committee of a national, State, or local 
political party--
            ``(A) that is set up by or on behalf of a candidate and 
        engages in political activity which directly influences Federal 
        elections; and
            ``(B) for which that candidate has solicited a 
        contribution.''.
    (c) Date of Application.--The amendments made by subsections (a) 
and (b) shall apply to contributions described in sections 315 and 316 
of FECA (2 U.S.C. 441a and 441b) made in response to solicitations made 
after January ______, 1993.

SEC. 117. CONTRIBUTIONS TO STATE AND LOCAL PARTY COMMITTEES.

    Section 315(a)(1) of FECA (2 U.S.C. 441a(a)(1)) is amended--
            (1) by striking ``or'' at the end of subparagraph (B);
            (2) by striking the period at the end of subparagraph (C) 
        and inserting ``; or''; and
            (3) by adding at the end the following new subparagraph:
            ``(D) to the political committees established and 
        maintained by a State or local political party, in connection 
        with any activity that may influence an election for Federal 
        office, in any calendar year which, in the aggregate, exceed 
        the lesser of
                    ``(i) $50,000; or
                    ``(ii) the difference between $50,000 and the 
                amount of contributions made by such person to any 
                political committees established and maintained by a 
                national political party.''.

                      Subtitle C--Other Activities

SEC. 121. MODIFICATIONS OF CONTRIBUTION LIMITS ON INDIVIDUALS.

    (a) Increase in Candidate Limit.--Subparagraph (A) of section 
315(a)(1) of FECA (2 U.S.C. 441a(a)(1)(A)) is amended by striking 
``$1,000'' and inserting ``the applicable amount''.
    (b) Applicable Amount Defined.--Section 315(a) of FECA (2 U.S.C. 
441a(a)), as amended by section 116(a)(3), is amended by adding at the 
end the following new paragraph:
            ``(11) For purposes of subsection (a)(1)(A)--
                    ``(A) The term `applicable amount' means--
                            ``(i) $1,000 in the case of contributions 
                        by a person to--
                                    ``(I) a candidate for the office of 
                                President or Vice President or such 
                                candidate's authorized committees; or
                                    ``(II) any other candidate or such 
                                candidate's authorized committees if, 
                                at the time such contributions are 
                                made, such person is a resident of the 
                                State with respect to which such 
                                candidate seeks Federal office; and
                            ``(ii) $500 in the case of contributions by 
                        any other person to a candidate described in 
                        clause (i)(II) or such candidate's authorized 
                        committees.
                    ``(B) At the beginning of 1993, and each odd-
                numbered calendar year thereafter, the Secretary of 
                Labor shall certify in the same manner as under 
                subsection (c)(1) the percent difference between the 
                price index for the preceding calendar year and the 
                price index for calendar year 1991. Each of the dollar 
                limits under subparagraph (A) shall be increased by 
                such percent difference and rounded to the nearest 
                $100. Each amount so increased shall be the amount in 
                effect for the calendar year for which determined and 
                the succeeding calendar year.''.

SEC. 122. POLITICAL PARTIES.

    Items Not Treated as Contributions or Expenditures.--(1) Section 
301(8)(B) of FECA (2 U.S.C. 431(8)(B)) is amended--
            (A) in clauses (x) and (xii), by inserting ``national,'' 
        after ``the payment by a''; and
            (B) in clause (xii), by inserting ``general research 
        activities,'' after ``the costs of''.
    (2) Section 301(9)(B) of FECA (2 U.S.C. 431(9)(B)) is amended--
            (A) in clauses (viii) and (ix), by inserting ``national,'' 
        after ``the payment by a''; and
            (B) in clause (ix), by inserting ``general research 
        activities,'' after ``the costs of''.

SEC. 123. CONTRIBUTIONS THROUGH INTERMEDIARIES AND CONDUITS.

    Section 315(a)(8) of the Federal Election Campaign Act of 1971 (2 
U.S.C. 441a(a)(8)) is amended to read as follows:
            ``(8) For purposes of this subsection--
                    ``(A) Contributions made by a person, either 
                directly or indirectly, to or on behalf of a particular 
                candidate, including contributions which are in any way 
                earmarked or otherwise directed through an intermediary 
                or conduit to such candidate, shall be treated as 
                contributions from such person to such candidate.
                    ``(B) If a contribution is made by a person either 
                directly or indirectly to or on behalf of a particular 
                candidate through an intermediary or conduit, the 
                intermediary or conduit shall report the original 
                source and the intended recipient of such contribution 
                to the Commission and to the intended recipient.
                    ``(C) No conduit or intermediary shall deliver or 
                arrange to have delivered contributions from more than 
                2 persons who are employees of the same employer or who 
                are members of the same trade association, membership 
                organization, or labor organization.
                    ``(D) No person required to register with the Clerk 
                of the House of Representatives or the Secretary of the 
                Senate under section 308 of the Federal Regulation of 
                Lobbying Act (2 U.S.C. 267), or an officer, employee or 
                agent of such a person, may act as an intermediary or 
                conduit with respect to a contribution to a candidate 
                for Federal office.''.

SEC. 124. INDEPENDENT EXPENDITURES.

    (a) Attribution of Communications; Reports.--(1) Section 318 of 
FECA (2 U.S.C. 441d) is amended by adding at the end the following new 
subsection:
    ``(c)(1) If any person makes an independent expenditure through a 
broadcast communication on any television or radio station, the 
broadcast communication shall include a statement--
            ``(A) in such television broadcast, that is clearly 
        readable to the viewer and appears continuously during the 
        entire length of such communication; or
            ``(B) in such radio broadcast, that is clearly audible to 
        the viewer and is aired at the beginning and ending of such 
        broadcast,
setting forth the name of such person and, in the case of a political 
committee, the name of any connected or affiliated organization.
    ``(2) If any person makes an independent expenditure through a 
newspaper, magazine, outdoor advertising facility, direct mailing, or 
other type of general public political advertising, the communication 
shall include, in addition to the other information required by this 
section--
            ``(A) the following sentence: `The cost of presenting this 
        communication is not subject to any campaign contribution 
        limits.'; and
            ``(B) a statement setting forth the name of the person who 
        paid for the communication and, in the case of a political 
        committee, the name of any connected or affiliated 
        organization, and the name of the president or treasurer of 
        such organization.
    ``(3) Any person making an independent expenditure described in 
paragraph (1) or (2) shall furnish, by certified mail, return receipt 
requested, the following information, to each candidate and to the 
Commission, not later than the date and time of the first public 
transmission of the communication:
            ``(A) Effective notice that the person plans to make an 
        independent expenditure for the purpose of financing a 
        communication which expressly advocates the election or defeat 
        of a clearly identified candidate.
            ``(B) An exact copy of the intended communication, or a 
        complete description of the contents of the intended 
        communication, including the entirety of any texts to be used 
        in conjunction with such communication, and a complete 
        description of any photographs, films, or any other visual 
        devices to be used in conjunction with such communication.
            ``(C) All dates and times when such communication will be 
        publicly transmitted.''.
    (2) Section 318(a) of FECA (2 U.S.C. 441d(a)) is amended by 
striking ``Whenever'' and inserting ``Except as provided in subsection 
(c), whenever''.
    (b) Definition of Independent Expenditure.--Paragraph (17) of 
section 301 of FECA (2 U.S.C. 431(17)) is amended--
            (1) by striking ``(17) The term'' and inserting ``(17)(A) 
        The term''; and
            (2) by adding at the end the following new subparagraph:
    ``(B) For the purpose of subparagraph (A), an expenditure shall be 
considered to be made in cooperation, consultation, or concert with, or 
at the request or suggestion of, a candidate, authorized committee, or 
agent, if there is any arrangement, coordination, or direction by the 
candidate or the candidate's agent prior to the publication, 
distribution, display, or broadcast of a communication, and it shall be 
presumed to be so made when it is--
            ``(i) based on information about the candidate's plans, 
        projects, or needs provided to the person making the 
        expenditure by the candidate, or by the candidate's agents, 
        with a view toward having an expenditure made; or
            ``(ii) made by or through any person who is, or has been--
                    ``(I) authorized to raise or expend funds on behalf 
                of the candidate or the candidate's authorized 
                committees;
                    ``(II) serving as an officer of the candidate's 
                authorized committees; or
                    ``(III) providing professional services to, or 
                receiving any form of compensation or reimbursement 
                from, the candidate, the candidate's committee, or 
                agent.''.
    (c) Hearings on Complaints.--Section 309(a) of FECA (2 U.S.C. 
437g(a)) is amended by adding at the end the following new paragraph:
    ``(13) Within 3 days after the Commission receives a complaint 
filed pursuant to this section which alleges that an independent 
expenditure was made with the cooperation or consultation of a 
candidate, or an authorized committee or agent of such candidate, or 
was made in concert with or at the request or suggestion of an 
authorized committee or agent of such candidate, the Commission shall 
provide for a hearing to determine such matter.''.
    (d) Expedited Judicial Review.--Section 310 of the FECA (2 U.S.C. 
437h) is amended by adding at the end the following new sentence: ``It 
shall be the duty of the courts to advance on the docket and to 
expedite to the greatest possible extent the disposition of any matter 
relating to the making or alleged making of an independent 
expenditure.''.

             TITLE II--INCREASE OF COMPETITION IN POLITICS

SEC. 201. SEED MONEY FOR CHALLENGERS.

    Section 315 of FECA (2 U.S.C. 441a), as amended by section 111, is 
amended by adding at the end the following new subsection:
    ``(j)(1) Notwithstanding subsection (a)(2), the congressional 
campaign committee or the senatorial campaign committee of a national 
political party, whichever is applicable, may make contributions to an 
eligible candidate (and the candidate's authorized committees) which in 
the aggregate do not exceed the lesser of--
            ``(A) $100,000; or
            ``(B) the aggregate qualified matching contributions 
        received by such candidate and the candidate's authorized 
        committees.
    ``(2) Any contribution under paragraph (1) shall not be treated as 
an expenditure for purposes of subsection (d)(3).
    ``(3) For purposes of this subsection, the term `qualified matching 
contributions' means contributions made during the period of the 
election cycle preceding the primary election by an individual who, at 
the time such contributions are made, is a resident of the State in 
which the election with respect to which such contributions are made is 
to be held.
    ``(4) For purposes of this subsection, the term `eligible 
candidate' means a candidate for Federal office (other than President 
or Vice President) who does not hold Federal office.''.

SEC. 202. CANDIDATE EXPENDITURES FROM PERSONAL FUNDS.

    Section 315 of FECA (2 U.S.C. 441a), as amended by section 201, is 
amended by adding at the end the following new subsection:
    ``(k)(1)(A) Not less than 15 days after a candidate qualifies for a 
primary election ballot under State law, the candidate shall file with 
the Commission, and each other candidate who has qualified for that 
ballot, a declaration stating whether the candidate intends to expend 
for the primary and general election an amount exceeding $250,000 
from--
            ``(i) the candidate's personal funds;
            ``(ii) the funds of the candidate's immediate family; and
            ``(iii) personal loans incurred by the candidate and the 
        candidate's immediate family in connection with the candidate's 
        election campaign.
    ``(B) The declaration required by subparagraph (A) shall be in such 
form and contain such information as the Commission may require by 
regulation.
    ``(2) Notwithstanding subsection (a), if a candidate--
            ``(A) declares under paragraph (1) that the candidate 
        intends to expend for the primary and general election funds 
        described in such paragraph an amount exceeding $250,000;
            ``(B) expends such funds in the primary and general 
        election an amount exceeding $250,000; or
            ``(C) fails to file the declaration required by paragraph 
        (1),
the limitations on contributions under subsection (a), and the 
limitations on expenditures under subsection (d), shall be modified as 
provided under paragraph (3) with respect to other candidates for the 
same office who are not described in subparagraph (A), (B), or (C).
    ``(3) For purposes of paragraph (2)--
            ``(A) the limitation under subsection (a)(1)(A) shall be 
        increased to $5,000; and
            ``(B) if a candidate described in paragraph (2)(B) expends 
        more than $1,000,000 of funds described in paragraph (1) in the 
        primary and general election--
                    ``(i) the limitation under subsection (a)(1)(A) 
                shall not apply;
                    ``(ii) the limitation under subsection (a)(2) shall 
                not apply to any political committee of a political 
                party; and
                    ``(iii) the limitation under subsection (d)(3) 
                shall not apply.
        The $5,000 amount under subparagraph (A) shall be adjusted each 
        calendar year in the same manner as amounts are adjusted under 
        subsection (a)(11)(B).
    ``(4) If--
            ``(A) the modifications under paragraph (3) apply for a 
        convention or a primary election by reason of 1 or more 
        candidates taking (or failing to take) any action described in 
        subparagraph (A), (B), or (C) of paragraph (2); and
            ``(B) such candidates are not candidates in any subsequent 
        election in the same election campaign, including the general 
        election,
paragraph (3) shall cease to apply to the other candidates in such 
campaign.
    ``(5) A candidate who--
            ``(A) declares, pursuant to paragraph (1), that the 
        candidate does not intend to expend funds described in 
        paragraph (1) in excess of $250,000; and
            ``(B) subsequently changes such declaration or expends such 
        funds in excess of that amount,
shall file an amended declaration with the Commission and notify all 
other candidates for the same office within 24 hours after changing 
such declaration or exceeding such limits, whichever first occurs, by 
sending a notice by certified mail, return receipt requested.
    ``(6) Contributions to a candidate or a candidate's authorized 
committees may be used to repay any expenditure or personal loan 
incurred in connection with the candidate's election to Federal office 
by a candidate or a member of the candidate's immediate family only to 
the extent that such repayment--
            ``(A) is limited to the amount of such expenditure or the 
        principal amount of such loan (and no interest is paid); and
            ``(B) is not made from any such contributions received 
        after the date of the general election to which such 
        expenditure or loan relates.
    ``(7) For purposes of this subsection, the term `immediate family' 
means--
            ``(A) a candidate's spouse;
            ``(B) any child, stepchild, parent, grandparent, brother, 
        half-brother, sister, or half-sister of the candidate or the 
        candidate's spouse; and
            ``(C) the spouse of a person described in subparagraph (B).
    ``(8) The Commission shall take such action as it deems necessary 
under the enforcement provisions of this Act to ensure compliance with 
this subsection.''.

SEC. 203. FRANKED COMMUNICATIONS.

    (a) Amendment of Title 39, United States Code.--(1) Section 
3210(a)(6)(A) of title 39, United States Code is amended--
            (A) by striking clause (i) and inserting the following new 
        clause:
                            ``(i) if the mass mailing is mailed during 
                        the calendar year of any primary or general 
                        election (whether regular or runoff) in which 
                        the Member is a candidate for reelection; or''; 
                        and
            (B) in clause (ii)(II), by striking ``fewer than 60 days 
        immediately before the date'' and inserting ``during the 
        year''.
    (2) Section 3210(a)(6)(C) of title 39, United States Code, is 
amended by striking ``fewer than 60 days immediately before the date'' 
and inserting ``during the year''.
    (3) Section 3210(a)(6) of title 39, United States Code, is 
amended--
            (A) by redesignating subparagraphs (D), (E), and (F) as 
        subparagraphs (E), (F), and (G), respectively; and
            (B) by inserting after subparagraph (C) the following new 
        subparagraph:
    ``(D)(i)(I) When a Member of the Senate disseminates information 
under the frank by a mass mailing, the Member shall register annually 
with the Secretary of the Senate such mass mailings. Such registration 
shall be made by filing with the Secretary of the Senate a copy of the 
matter mailed and providing, on a form supplied by the Secretary of the 
Senate, a description of the group or groups of persons to whom the 
mass mailing was mailed.
    ``(II) The Secretary of the Senate shall promptly make available 
for public inspection and copying a copy of the mail matter registered 
and a description of the group or groups of persons to whom the mass 
mailing was mailed.
    ``(ii)(I) When a Member of the House of Representatives 
disseminates information under the frank by a mass mailing, the Member 
shall register annually with the Clerk of the House of Representatives 
such mass mailings. Such registration shall be made by filing with the 
Clerk of the House of Representatives a copy of the matter mailed and 
providing, on a form supplied by the Clerk of the House of 
Representatives, a description of the group or groups of persons to 
whom the mass mailing was mailed.
    ``(II) The Clerk of the House of Representatives shall promptly 
make available for public inspection and copying a copy of the mail 
matter registered and a description of the group or groups of persons 
to whom the mass mailing was mailed.''.
    (b) Amendment of Standing Rules of the Senate.--(1) Paragraph 1 of 
rule XL of the Standing Rules of the Senate is amended by striking 
``less than sixty days immediately before the date'' and inserting 
``during the year''.
    (2) This subsection is enacted--
            (A) as an exercise of the rulemaking power of the Senate; 
        and
            (B) with full recognition of the constitutional right of 
        the Senate to change the rules at any time, in the same manner 
        and to the same extent as in the case of any other rule of the 
        Senate.

SEC. 204. LIMITATIONS ON GERRYMANDERING.

    (a) Reapportionment of Representatives.--Section 22 of the Act 
entitled ``An Act to provide for the fifteenth and subsequent decennial 
censuses and to provide for apportionment of Representatives in 
Congress,'' approved June 18, 1929 (2 U.S.C. 2a), is amended--
            (1) by striking subsection (c); and
            (2) by adding at the end the following new subsections:
    ``(c)(1) In each State entitled in the One Hundred Third Congress 
or in any subsequent Congress to more than one Representative under an 
apportionment made pursuant to the second paragraph of the Act entitled 
`An Act for the relief of Doctor Ricardo Vallejo Samala and to provide 
for congressional redistricting', approved December 14, 1967 (2 U.S.C. 
2c), as in effect prior to the date of enactment of this subsection, 
there shall be established in the manner provided by the law of the 
State a number of districts equal to the number of Representatives to 
which such State is so entitled, and Representatives shall be elected 
only by eligible voters from districts so established, no district to 
elect more than 1 Representative.
    ``(2) Such districts shall be established in accordance with the 
provisions of this Act as soon as practicable after the decennial 
census date established in section 141(a) of title 13, United States 
Code, but in no case later than such time as is reasonably sufficient 
for their use in the elections for the One Hundred Third Congress and 
in each fifth Congress thereafter.
    ``(d)(1) The number of persons in congressional districts within 
each State shall be as nearly equal as is practicable, as determined 
under the then most recent decennial census.
    ``(2) The enumeration established according to the Federal 
decennial census pursuant to article I, section II, United States 
Constitution, shall be the sole basis of population for the 
establishment of congressional districts.
    ``(e) Congressional districts shall be comprised of contiguous 
territory, including adjoining insular territory.
    ``(f) Congressional districts shall not be established with the 
intent or effect of diluting the voting strength of any person, group 
of persons, or members of any political party.
    ``(g) Congressional districts shall be compact in form. In 
establishing such districts, nearby population shall not be bypassed in 
favor of more distant population.
    ``(h) Congressional district boundaries shall avoid the unnecessary 
division of counties or their equivalent in any State.
    ``(i) Congressional district boundaries shall be established in 
such a manner so as to minimize the division of cities, towns, 
villages, and other political subdivisions.
    ``(j)(1) It is the intent of the Congress that congressional 
districts established pursuant to this section be subject to reasonable 
public scrutiny and comment prior to their establishment.
    ``(2) At the same time that Federal decennial census tabulations 
data, reports, maps, or other material or information produced or 
obtained using Federal funds and associated with the congressional 
reapportionment and redistricting process are made available to any 
officer or public body in any State, those materials shall be made 
available by the State at the cost of duplication to any person from 
that State meeting the qualifications for voting in an election of a 
Member of the House of Representatives.
    ``(k) Nothing in this section shall be construed to supersede any 
provision of the Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.).
    ``(l)(1) A State may establish by law criteria for implementing the 
standards set forth in this section.
    ``(2) Nothing in this section shall be construed as limiting the 
power of a State to strengthen or add to the standards set forth in 
this section, or to interpret those standards in a manner consistent 
with the law of the State, to the extent that any additional criteria 
or interpretations are not in conflict with this section.
    ``(m)(1) The district courts of the United States shall have 
exclusive jurisdiction to hear and determine any action to enforce 
subsections (c) through (l).
    ``(2) A person who meets a State's qualifications for voting in an 
election of a Member of the House of Representatives from the State may 
bring an action in the district court for the district in which the 
person resides to enforce subsections (c) through (l) with regard to 
the State in which the person resides.
    ``(3) Notwithstanding any other provision of this section, the 
district courts of the United States shall have authority to issue all 
judgments, orders, and decrees necessary to ensure that any criteria 
established by State law pursuant to this section are not in conflict 
with this section.
    ``(4) With the exception of actions brought for the relief 
described in paragraph (3), the district court for the purposes of this 
section shall be a three-judge district court pursuant to section 2284 
of title 28, United States Code.
    ``(5) On motion of any party in accordance with section 1657 of 
title 28, United States Code, it shall be the duty of the district 
court to assign the case for briefing and hearing at the earliest 
practicable date, and to cause the case to be in every way expedited. 
The district court shall have authority to enter all judgments, orders 
and decrees necessary to bring a State into compliance with this Act.
    ``(6) An action to challenge the establishment of a congressional 
district in a State after a Federal decennial census may not be brought 
after the end of the 9-month period beginning on the date on which the 
last such district is so established.
    ``(7) For the purposes of this section, an order dismissing a 
complaint for failure to state a cause of action shall be appealable in 
accordance with section 1253 of title 28, United States Code.
    ``(8) If a district court fails to establish a briefing and hearing 
schedule that will permit resolution of the case prior to the next 
general election, any party may seek a writ of mandamus from the United 
States Court of Appeals for the circuit in which the district court 
sits. The court of appeals shall have jurisdiction over the motion for 
a writ of mandamus and shall establish an expedited briefing and 
hearing schedule for resolution of the motion. Such a motion shall not 
stay proceedings in the district court.
    ``(9) If a district court determines that the congressional 
districts established by a State's redistricting authority pursuant to 
this Act are not in compliance with this Act, the court shall remand 
the plan to the State's redistricting authority to establish new 
districts consistent with subsections (c) through (l). The district 
court shall retain jurisdiction over the case after remand.
    ``(10) If, after a remand under paragraph (9), the district court 
determines that the congressional districts established by a State's 
redistricting authority under the remand order are not consistent with 
subsections (c) through (l), the district court shall enter an order 
establishing districts that are consistent with subsections (c) through 
(l) for the next general congressional election.
    ``(11) If any question of State law arises in a case under this 
section that would require abstention, the district court shall not 
abstain. However, in any State permitting certification of such 
questions, the district court shall certify the question to the highest 
court of the State whose law is in question. Such certification shall 
not stay the proceedings in the district court or delay the court's 
determination of the question of State law.
    ``(12) With the exception of actions brought for the relief 
described in paragraph (3), an appeal from a decision of the district 
court under this section shall be taken in accordance with section 1253 
of title 28, United States Code. An appeal under this paragraph shall 
be noticed in the district court and perfected by docketing in the 
Supreme Court within thirty days of the entry of judgment below. 
Appeals brought to the Supreme Court under this paragraph shall be 
heard as soon as practicable.
    ``(13) For purposes of this section, the term `redistricting 
authority' means the officer or public body having initial 
responsibility for the congressional redistricting of a State.''.
    (b) Conforming Amendments and Repealer.--(1) The first sentence of 
section 1657 of title 28, United States Code, is amended by striking 
``chapter 153 or'' and inserting ``chapter 153, any action under 
subsection (m) through (l) of section 22 of the Act entitled `An Act to 
provide for the fifteenth and subsequent censuses and to provide for 
apportionment of Representatives in Congress,' approved June 18, 1929 
(2 U.S.C. 2a), or''.
    (2) Section 141(c) of title 13, United States Code, is amended by 
adding at the end the following: ``In circumstances in which this 
subsection requires that the Secretary provide criteria to, consult 
with, or report tabulations of population to (or if the Secretary for 
any reason provides material or information to) the public bodies 
having responsibility for the legislative apportionment or districting 
of a State, the Secretary shall provide, without cost, such criteria, 
consultations, tabulations, or other material or information 
simultaneously to the leadership of each political party represented on 
such public bodies. For purposes of this subsection, the term 
`political party' means any political party whose candidates for 
Representatives to Congress received, as the candidates of such party, 
5 percent or more of the total number of votes received statewide by 
all candidates for such office in any of the 5 most recent general 
congressional elections. Such materials may include those developed by 
the Census Bureau for redistricting purposes for the 1990 Census.''.
    (3) The second paragraph of the Act entitled ``An Act for the 
relief of Doctor Ricardo Vallejo Samala and to provide for 
congressional redistricting'', approved December 14, 1967 (2 U.S.C. 
2c), is repealed.

SEC. 205. ELECTION FRAUD, OTHER PUBLIC CORRUPTION, AND FRAUD IN 
              INTERSTATE COMMERCE.

    (a) Election Fraud and Other Public Corruption.--(1) Chapter 11 of 
title 18, United States Code, is amended by adding at the end the 
following new section:
``Sec. 225. Public corruption
    ``(a) Whoever, in a circumstance described in subsection (d), 
deprives or defrauds, or endeavors to deprive or to defraud, by any 
scheme or artifice, the inhabitants of a State or political subdivision 
of a State of the honest services of an official or employee of such 
State, political subdivision, or Indian tribal government shall be 
fined under this title, or imprisoned for not more than 10 years, or 
both.
    ``(b) Whoever, in a circumstance described in subsection (d), 
deprives or defrauds, or endeavors to deprive or to defraud, by any 
scheme or artifice, the inhabitants of a State or political subdivision 
of a State of a fair and impartially conducted election process in any 
primary, runoff, special, or general election--
            ``(1) through the procurement, casting, or tabulation of 
        ballots that are materially false, fictitious, or fraudulent or 
        that are invalid, under the laws of the State in which the 
        election is held;
            ``(2) through paying or offering to pay any person for 
        voting;
            ``(3) through the procurement or submission of voter 
        registrations that contain false material information, or omit 
        material information; or
            ``(4) through the filing of any report required to be filed 
        under State law regarding an election campaign that contains 
        false material information or omits material information,
shall be fined under this title or imprisoned for not more than 10 
years, or both.
    ``(c) Whoever, being a public official or an official or employee 
of a State, political subdivision of a State, or Indian tribal 
government, in a circumstance described in subsection (d), deprives or 
defrauds, or endeavors to deprive or to defraud, by any scheme or 
artifice, the inhabitants of a State or political subdivision of a 
State of the right to have the affairs of the State, political 
subdivision, or Indian tribal government conducted on the basis of 
complete, true, and accurate material information, shall be fined under 
this title or imprisoned for not more than 10 years, or both.
    ``(d) The circumstances referred to in subsections (a), (b), and 
(c) are that--
            ``(1) for the purpose of executing or concealing such 
        scheme or artifice or attempting to do so, the person so 
        doing--
                    ``(A) places in any post office or authorized 
                depository for mail matter, any matter or thing 
                whatever to be sent or delivered by the Postal Service, 
                or takes or receives therefrom, any such matter or 
                thing, or knowingly causes to be delivered by mail 
                according to the direction thereon, or at the place at 
                which it is directed to be delivered by the person to 
                whom it is addressed, any such matter or thing;
                    ``(B) transmits or causes to be transmitted by 
                means of wire, radio, or television communication in 
                interstate or foreign commerce any writings, signs, 
                signals, pictures, or sounds;
                    ``(C) transports or causes to be transported any 
                person or thing, or induces any person to travel in or 
                to be transported in, interstate or foreign commerce; 
                or
                    ``(D) uses or causes to use of any facility of 
                interstate or foreign commerce;
            ``(2) the scheme or artifice affects or constitutes an 
        attempt to affect in any manner or degree, or would if executed 
        or concealed so affect, interstate or foreign commerce; or
            ``(3) as applied to an offense under subsection (b), an 
        objective of the scheme or artifice is to secure the election 
        of an official who, if elected, would have some authority over 
        the administration of funds derived from an Act of Congress 
        totaling $10,000 or more during the twelve-month period 
        immediately preceding or following the election or date of the 
        offense.
    ``(e) Whoever deprives or defrauds, or endeavors to deprive or to 
defraud, by any scheme or artifice, the inhabitants of the United 
States of the honest services of a public official or person who has 
been selected to be a public official shall be fined under this title 
or imprisoned for not more than 10 years, or both.
    ``(f) Whoever, being an official, public official, or person who 
has been selected to be a public official, directly or indirectly 
discharges, demotes, suspends, threatens, harasses, or in any manner 
discriminates against an employee or official of the United States or 
any State or political subdivision of a State, or endeavors to do so, 
in order to carry out or to conceal any scheme or artifice described in 
this section, shall be fined under this title or subject to 
imprisonment of up to 5 years or both.
    ``(g)(1) An employee or official of the United States or any State 
or political subdivision of such State who is discharged, demoted, 
suspended, threatened, harassed, or in any other manner discriminated 
against because of lawful acts done by the employee as a result of a 
violation of subsection (e) or because of actions by the employee or 
official on behalf of himself or others in furtherance of a prosecution 
under this section (including investigation for, initiation of, 
testimony for, or assistance in such a prosecution) may bring a civil 
action and shall be entitled to all relief necessary to make such 
employee or official whole. Such relief shall include reinstatement 
with the same seniority status that the employee or official would have 
had but for the discrimination, 3 times the amount of back pay, 
interest on the back pay, and compensation for any special damages 
sustained as a result of the discrimination, including reasonable 
litigation costs and reasonable attorney's fees.
    ``(2) An individual shall not be entitled to relief under paragraph 
(1) if the individual participated in the violation of this section 
with respect to which relief is sought.
    ``(3) A civil action brought under paragraph (1) shall be stayed by 
a court upon the certification of an attorney for the Government, 
stating that the action may adversely affect the interests of the 
Government in a current criminal investigation or proceeding. The 
attorney for the Government shall promptly notify the court when the 
stay may be lifted without such adverse effects.
    ``(h) For purposes of this section--
            ``(1) the term `State' means a State of the United States, 
        the District of Columbia, Puerto Rico, and any other 
        commonwealth, territory, or possession of the United States;
            ``(2) the terms `public official' and `person who has been 
        selected to be a public official' have the meaning set forth in 
        section 201 and shall also include any person acting or 
        pretending to act under color of official authority;
            ``(3) the term `official' includes--
                    ``(A) any person employed by, exercising any 
                authority derived from, or holding any position in an 
                Indian tribal government or the government of a State 
                or any subdivision of the executive, legislative, 
                judicial, or other branch of government thereof, 
                including a department, independent establishment, 
                commission, administration, authority, board, and 
                bureau, and a corporation or other legal entity 
                established and subject to control by a government or 
                governments for the execution of a governmental or 
                intergovernmental program;
                    ``(B) any person acting or pretending to act under 
                color of official authority; and
                    ``(C) includes any person who has been nominated, 
                appointed or selected to be an official or who has been 
                officially informed that he or she will be so 
                nominated, appointed or selected;
            ``(4) the term `under color of official authority' includes 
        any person who represents that the person controls, is an agent 
        of, or otherwise acts on behalf of an official, public 
        official, and person who has been selected to be a public 
        official; and
            ``(5) the term `uses any facility of interstate or foreign 
        commerce' includes the intrastate use of any facility that may 
        also be used in interstate or foreign commerce.''.
    (2)(A) The chapter analysis for chapter 11 of title 18, United 
States Code, is amended by adding at the end the following item:

``225. Public Corruption.''.
    (B) Section 1961(1) of title 18, United States Code, is amended by 
inserting ``section 225 (relating to public corruption),'' after 
``section 224 (relating to sports bribery),''.
    (C) Section 2516(1)(c) of title 18, United States Code, is amended 
by inserting ``section 225 (relating to public corruption),'' after 
``section 224 (bribery in sporting contests),''.
    (b) Fraud in Interstate Commerce.--(1) Section 1343 of title 18, 
United States Code, is amended--
            (A) by striking ``transmits or causes to be transmitted by 
        means of wire, radio, or television communication in interstate 
        or foreign commerce, any writings, signs, signals, pictures, or 
        sounds'' and inserting ``uses or causes to be used any facility 
        of interstate or foreign commerce''; and
            (B) by inserting ``or attempting to do so'' after ``for the 
        purpose of executing such scheme or artifice''.
    (2)(A) The heading of section 1343 of title 18, United States Code, 
is amended to read as follows:
``Sec. 1343. Fraud by use of facility of interstate commerce''.
    (B) The chapter analysis for chapter 63 of title 18, United States 
Code, is amended by striking the item for section 1343 and inserting 
the following:

``1343. Fraud by use of facility of interstate commerce.''.

                 TITLE III--REDUCTION OF CAMPAIGN COSTS

SEC. 301. BROADCAST DISCOUNT.

    (a) Findings.--The Congress finds that--
            (1) in the 45 days preceding a primary election, and in the 
        60 days preceding a general election, candidates for political 
        office need to be able to buy, at the lowest unit charge, 
        nonpreemptible advertising spots from broadcast stations and 
        cable television stations to ensure that their messages reach 
        the intended audience and that the voting public has an 
        opportunity to make informed decisions;
            (2) since the Communications Act of 1934 was amended in 
        1972 to guarantee the lowest unit charge for candidates during 
        these important preelection periods, the method by which 
        advertising spots are sold in the broadcast and cable 
        industries has changed significantly;
            (3) changes in the method for selling advertising spots 
        have made the interpretation and enforcement of the lowest unit 
        charge provision difficult and complex;
            (4) clarification and simplification of the lowest unit 
        charge provision in the Communications Act of 1934 is necessary 
        to ensure compliance with the original intent of the provision; 
        and
            (5) in granting discounts and setting charges for 
        advertising time, broadcasters and cable operators should treat 
        candidates for political office at least as well as the most 
        favored commercial advertisers.
    (b) Amendment of Communications Act.--Section 315 of the 
Communications Act of 1934 (47 U.S.C. 315) is amended--
            (1) in subsection (b)(1) by striking ``class and'';
            (2) by redesignating subsections (c) and (d) as subsections 
        (d) and (e), respectively; and
            (3) by inserting after subsection (b) the following new 
        subsection:
    ``(c) A licensee shall not preempt the use, during any period 
specified in subsection (b)(1), of a broadcasting station by a legally 
qualified candidate for public office who has purchased such use 
pursuant to subsection (b)(1).''.

                   TITLE IV--MISCELLANEOUS PROVISIONS

     Subtitle A--Federal Election Commission Enforcement Authority

SEC. 401. ELIMINATION OF REASON TO BELIEVE STANDARD.

    Section 309(a)(2) of FECA (2 U.S.C. 437g(a)(2)) is amended--
            (1) by inserting ``(A)'' after ``(2)''; and
            (2) by striking the first sentence and inserting the 
        following: ``Except as otherwise provided in subparagraph (B), 
        if the Commission, upon receiving a complaint under paragraph 
        (1) or on the basis of information ascertained in the normal 
        course of carrying out its supervisory responsibilities 
        determines, by an affirmative vote of 4 of its members, that an 
        allegation of a violation or from pending violation of this Act 
        or chapter 95 or 96 of the Internal Revenue Code of 1986 states 
        a claim of violation that would be sufficient under the 
        standard applicable to a motion under rule 12(b)(6) of the 
        Federal Rules of Civil Procedure, the Commission shall, through 
        its chairman or vice chairman, notify the person of the alleged 
        violation. Such vote shall occur within 90 days after receipt 
        of such complaint.''.

SEC. 402. INJUNCTIVE AUTHORITY.

    Section 309(a)(2) of FECA (2 U.S.C. 437g(a)(2)), as amended by 
section 401, is amended by adding at the end the following new 
subparagraph:
    ``(B) The Commission may petition the appropriate court for an 
injunction if--
            ``(i) the Commission believes that there is a substantial 
        likelihood that a violation of this Act or of chapter 95 or 96 
        of the Internal Revenue Code of 1986 is occurring or is about 
        to occur;
            ``(ii) the failure to act expeditiously will result in 
        irreparable harm to a party affected by the potential 
        violation;
            ``(iii) such expeditious action will not cause undue harm 
        or prejudice to the interests of others; and
            ``(iv) the public interest would be best served by the 
        issuance of an injunction.''.

SEC. 403. TIME PERIODS.

    Section 309(a)(4)(A) of FECA (2 U.S.C. 437g(a)(4)(A)) is amended--
            (1) in clause (i)--
                    (A) by striking ``, for a period of at least 30 
                days,''; and
                    (B) by striking ``90 days'' and inserting ``60 
                days''; and
            (2) in clause (ii) by striking ``at least'' and inserting 
        ``no more than''.

SEC. 404. KNOWING VIOLATION PENALTIES.

    Section 309(a)(5)(B) of FECA (2 U.S.C. 437g(a)(5)(B)) is amended by 
striking ``may require that the person involved in such conciliation 
agreement shall pay a civil penalty which does not exceed the greater 
of $10,000 or an amount equal to 200 percent of any contribution or 
expenditure involved in such violation'' and inserting ``shall require 
that the person involved in such conciliation agreement shall pay a 
civil penalty which is not less than the greater of $5,000 or an amount 
equal to any contribution or expenditure involved in such violation, 
except that if the Commission believes that a knowing and willful 
violation of this Act or of chapter 95 or chapter 96 of the Internal 
Revenue Code of 1986 has been committed during the 15-day period 
immediately preceding any election, a conciliation agreement entered 
into by the Commission under paragraph (4)(A) shall require that the 
person involved in such conciliation agreement shall pay a civil 
penalty which is not less than the greater of $10,000 or an amount 
equal to 200 percent of any contribution or expenditure involved in 
such violation''.

SEC. 405. COURT RESOLVED VIOLATIONS AND PENALTIES.

    Section 309(a)(6) of the Federal Election Campaign Act of 1971 (2 
U.S.C. 437g(a)(6)) is amended--
            (1) in subparagraph (A)--
                    (A) by striking ``Commission may'' and inserting 
                ``Commission shall'';
                    (B) by striking ``including'' and inserting ``which 
                shall include''; and
                    (C) by striking ``which does not exceed the greater 
                of $5,000 or an amount equal to any'' and inserting 
                ``which equals the greater of $10,000 or an amount 
                equal to 200 percent of any''; and
            (2) in subparagraph (B)--
                    (A) by striking ``court may'' and inserting ``court 
                shall''; and
                    (B) by striking ``, including'' and inserting 
                ``which shall include''; and
                    (C) by striking ``which does not exceed the greater 
                of $5,000 or an amount equal to any'' and inserting 
                ``which equals the greater of $10,000 or an amount 
                equal to 200 percent of any''.

SEC. 406. PRIVATE CIVIL ACTIONS.

    Section 309(a)(6)(A) of FECA (2 U.S.C. 437g(a)(6)(A)), as amended 
by section 405, is amended--
            (1) by inserting ``(i)'' after ``(6)(A)''; and
            (2) by adding at the end the following new clause:
    ``(ii) If, by a tie vote, the Commission does not vote to institute 
a civil action pursuant to clause (i), the candidate involved in such 
election, or an individual authorized to act on behalf of such 
candidate, may file an action for appropriate relief in the district 
court for the district in which the respondent is found, resides, or 
transacts business. If the court determines that a violation has 
occurred, the court shall impose the appropriate civil penalty. Any 
such award of a civil penalty made under this paragraph shall be made 
in favor of the United States. In addition to any such civil penalty, 
the court shall award to the prevailing party in any action under this 
paragraph, all attorneys' fees and actual costs reasonably incurred in 
the investigation and pursuit of any such action, including those 
attorneys' fees and costs reasonably incurred in bringing or defending 
the proceeding before the Commission.''.

SEC. 407. KNOWING VIOLATIONS RESOLVED IN COURT.

    Section 309(a)(6)(C) of FECA (2 U.S.C. 437g(a)(6)(C)) is amended by 
striking ``may impose a civil penalty which does not exceed the greater 
of $10,000 or an amount equal to 200 percent of any contribution or 
expenditure involved in such violation'' and inserting ``shall impose a 
civil penalty which is not less than the greater of $10,000 or an 
amount equal to 200 percent of any contribution or expenditure involved 
in such violation, except that if such violation was committed during 
the 15-day period immediately preceding the election, the court shall 
impose a civil penalty which is not less than the greater of $15,000 or 
an amount equal to 300 percent of any contribution or expenditure 
involved in such violation''.

SEC. 408. ACTION ON COMPLAINT BY COMMISSION.

    Section 309(a)(8)(A) of FECA (2 U.S.C. 437g(a)(8)(A)) is amended--
            (1) by striking ``act on'' and inserting ``reasonably 
        pursue'';
            (2) by striking ``120-day'' and inserting ``60-day''; and
            (3) by striking ``United States District Court for the 
        District of Columbia'' and inserting ``appropriate court''.

SEC. 409. VIOLATION OF CONFIDENTIALITY REQUIREMENT.

    Section 309(a)(12)(B) of FECA (2 U.S.C. 437g(a)(12)(A)) is 
amended--
            (1) by striking ``$2,000'' and inserting ``$5,000''; and
            (2) by striking ``$5,000'' and inserting ``$10,000''.

SEC. 410. PENALTY IN ATTORNEY GENERAL ACTIONS.

    Section 309(d)(1)(A) of FECA (2 U.S.C. 437g(d)(1)(A)) is amended by 
striking ``exceed'' and inserting ``be less than''.

SEC. 411. AMENDMENTS RELATING TO ENFORCEMENT AND JUDICIAL REVIEW.

    (a) Time Limitations for and Index of Investigations.--Section 
309(a) of FECA (2 U.S.C. 437g(a)), as amended by section 124, is 
amended by adding at the end the following new paragraphs:
    ``(14) The Commission shall establish time limitations for 
investigations under this subsection.
    ``(15) The Commission shall publish an index of all investigations 
under this section and shall update the index quarterly.''.
    (b) Procedure on Initial Determination.--Section 309(a)(2) of FECA 
(2 U.S.C. 437g(a)(2)), as amended by section 402, is amended by adding 
at the end the following: ``Before a vote based on information 
ascertained in the normal course of carrying out supervisory 
responsibilities, the person alleged to have committed the violation 
shall be notified of the allegation and shall have the opportunity to 
demonstrate, in writing, to the Commission within 15 days after 
notification that no action should be taken against such person on the 
basis of the information. Prior to any determination, the Commission 
may request voluntary responses to questions from any person who may 
become the subject of an investigation. A determination under this 
paragraph shall be accompanied by a written statement of the reasons 
for the determination.''.
    (c) Procedure on Probable Cause Determination.--(1) Section 
309(a)(3) of FECA (2 U.S.C. 437g(a)(3)) is amended by adding at the end 
the following: ``The Commission shall make available to a respondent 
any documentary or other evidence relied on by the general counsel in 
making a recommendation under this subsection. Any brief or report by 
the general counsel that replies to the respondent's brief shall be 
provided to the respondent.''.
    (2) Section 309(a)(4)(A) of FECA (2 U.S.C. 437g(a)(4)(A)) is 
amended by adding at the end the following new clauses:
    ``(iii) A determination under clause (i) shall be made only after 
opportunity for a hearing upon request of the respondent and shall be 
accompanied by a statement of the reasons for the determination.
    ``(iv) The Commission shall not require that any conciliation 
agreement under this paragraph contain an admission by the respondent 
of a violation of this Act or any other law.''.
    (d) Elimination of En Banc Hearing Requirement.--Section 310 of 
FECA (2 U.S.C. 437h), as amended by section 124(d), is amended by 
striking ``, which shall hear the matter sitting en banc''.

SEC. 412. TIGHTENING ENFORCEMENT.

    (a) Repeal of Period of Limitation.--Section 406 of FECA (2 U.S.C. 
455) is repealed.
    (b) Supplying of Information to the Attorney General.--Section 
309(a)(12) of the Federal Election Campaign Act of 1971 (2 U.S.C. 
437g(a)(12)(A)) is amended by adding at the end the following new 
subparagraph:
    ``(C) Nothing in this section shall be deemed to prohibit or 
prevent the Commission from making information contained in compliance 
files available to the Attorney General, at the Attorney General's 
request, in connection with an investigation or trial.''.

                      Subtitle B--Other Provisions

SEC. 421. DISCLOSURE OF DEBT SETTLEMENT AND LOAN SECURITY AGREEMENTS.

    Section 304(b) of FECA (2 U.S.C. 434(b)), as amended by section 
112, is amended--
            (1) by striking ``and'' at the end of paragraph (8);
            (2) by striking the period at the end of paragraph (9) and 
        by inserting a semicolon; and
            (3) by adding at the end the following new paragraphs:
            ``(10) for the reporting period, the terms of any 
        settlement agreement entered into with respect to a loan or 
        other debt, as evidenced by a copy of such agreement filed as 
        part of the report; and
            ``(11) for the reporting period, the terms of any security 
        or collateral agreement entered into with respect to a loan, as 
        evidenced by a copy of such agreement filed as part of the 
        report.''.

SEC. 422. CONTRIBUTIONS FOR DRAFT AND ENCOURAGEMENT PURPOSES WITH 
              RESPECT TO ELECTIONS FOR FEDERAL OFFICE.

    (a) Definition.--Section 301(8)(A) of FECA (2 U.S.C. 431(8)(A)) is 
amended by striking ``or'' after the semicolon at the end of clause 
(i), by striking the period at the end of clause (ii) and inserting ``; 
and'', and by adding at the end the following new clause:
            ``(iii) any gift, subscription, loan, advance, or deposit 
        of money or anything of value made by any person for the 
        purpose of drafting a clearly identified individual as a 
        candidate for Federal office or encouraging a clearly 
        identified individual to become a candidate for Federal 
        office.''.
    (b) Draft and Encouragement Contributions To Be Treated as 
Candidate Contributions.--Section 315(a) of FECA (2 U.S.C. 441a(a)), as 
amended by this Act, is amended by adding at the end the following new 
paragraph:
    ``(12) For purposes of paragraph (1)(A) and paragraph (2)(A), any 
contribution described in section 301(8)(A)(iii) shall be treated, with 
respect to the individual involved, as a contribution to a candidate, 
whether or not the individual becomes a candidate.''.

SEC. 423. SEVERABILITY.

    If any provision of this Act or any amendment made by this Act, or 
the application of any such provision to any person or circumstance is 
held invalid, the validity of any other such provision, and the 
application of such provision to other persons and circumstances shall 
not be affected thereby.

SEC. 424. EFFECTIVE DATE.

    Except as otherwise provided in this Act, this Act and the 
amendments made by this Act shall become effective on November 9, 1994, 
and shall apply to all contributions and expenditures made after that 
date.

                                 <all>

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