[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 10 Introduced in Senate (IS)]

  1st Session
                                 S. 10

   To make certain laws applicable to the legislative branch of the 
  Federal Government, to reform lobbying registration and disclosure 
 requirements, to amend the gift rules of the Senate and the House of 
Representatives, and to reform the Federal election laws applicable to 
                             the Congress.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 4, 1995

   Mr. Daschle (for himself, Mr. Glenn, Mr. Levin, Ms. Mikulski, Mr. 
 Breaux, Mr. Kerry, Ms. Moseley-Braun, and Mr. Harkin) introduced the 
 following bill; which was read twice and referred to the Committee on 
                          Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
   To make certain laws applicable to the legislative branch of the 
  Federal Government, to reform lobbying registration and disclosure 
 requirements, to amend the gift rules of the Senate and the House of 
Representatives, and to reform the Federal election laws applicable to 
                             the Congress.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Comprehensive Congressional Reform 
Act of 1995 ''.

    DIVISION A--EXTENSION OF RIGHTS AND PROTECTIONS, AND ASSOCIATED 
                               PROCEDURES

SEC. 100. SHORT TITLE, FINDINGS, PURPOSES, AND TABLE OF CONTENTS.

    (a) Short Title.--This division may be cited as the ``Congressional 
Accountability Act of 1995''.
    (b) Findings.--The Congress makes the following findings:
            (1) All employees of the House of Representatives, of the 
        Senate, and of the congressional instrumentalities are entitled 
        to fundamental rights and protections provided by law to 
        private and other public employees.
            (2) The Congress has made notable progress in ensuring that 
        such rights and protections are afforded to these legislative 
        branch employees, by--
                    (A) extending to employees of the House of 
                Representatives the provisions of the Civil Rights Act 
                of 1964, the Americans with Disabilities Act of 1990, 
                the Family and Medical Leave Act of 1993, and the Fair 
                Labor Standards Act of 1938;
                    (B) extending to employees of the Senate the 
                provisions of the Civil Rights Act of 1964, the Age 
                Discrimination in Employment Act of 1967, the 
                Rehabilitation Act of 1973, the Americans with 
                Disabilities Act of 1990, and the Family and Medical 
                Leave Act of 1993; and
                    (C) extending to employees of congressional 
                instrumentalities numerous rights and protections under 
                employment laws.
            (3) The Congress should expand on this base of rights and 
        protections by eliminating gaps in coverage and extending 
        coverage so as to assure to legislative branch employees the 
        rights and protections of laws on employment discrimination, 
        family and medical leave, fair labor standards, labor-
        management relations, occupational safety and health, polygraph 
        protection and worker retraining.
            (4) The Congress should likewise establish prompt, fair, 
        and independent processes to resolve disputes and to enforce 
        employee rights and protections, building on and strengthening 
        the dispute resolution and enforcement procedures already 
        established by the Government Employees Rights Act of 1991 (2 
        U.S.C. 1201 et seq.), section 117 of the Civil Rights Act of 
        1991 (2 U.S.C. 601), and other relevant statutes and rules of 
        Congress.
            (5) The extension of employee rights and protections 
        affecting employees of the Architect of the Capitol and the 
        Capitol Police should be accomplished in a manner that ensures 
        that they are treated in a consistent manner regardless of 
        their place of assignment within the Congress.
            (6) The extension of employee rights and protections should 
        be accomplished in a manner that is consistent with the 
        responsibilities and functions of the House of Representatives 
        and the Senate under the Constitution.
    (c) Purposes.--The purposes of this division are to eliminate gaps 
in coverage, extend coverage, and establish prompt, fair, and 
independent dispute resolution and enforcement procedures, for rights 
and protections established by--
            (1) title VII of the Civil Rights Act of 1964;
            (2) the Fair Labor Standards Act of 1938;
            (3) the Age Discrimination in Employment Act of 1967;
            (4) the Americans with Disabilities Act of 1990;
            (5) the Rehabilitation Act of 1973;
            (6) the Family and Medical Leave Act of 1993;
            (7) the Occupational Safety and Health Act of 1970; and
            (8) chapter 71 of title 5, United States Code (commonly 
        known as the ``Federal Service Labor-Management Relations 
        Statute'').
            (9) The Employee Polygraph Protection Act of 1988.
            (10) The Worker Adjustment and Retraining Notification Act.
            (11) Chapter 43 of title 38, United States Code (relating 
        to veterans' employment and reemployment).
    (d) Table of Contents.--The table of contents for this division is 
as follows:

    DIVISION A--EXTENSION OF RIGHTS AND PROTECTIONS, AND ASSOCIATED 
                               PROCEDURES

Sec. 100. Short title, findings, purposes, and table of contents.
Sec. 100A. Definitions.
TITLE I--EXTENSION OF RIGHTS AND PROTECTIONS, AND ASSOCIATED PROCEDURES

Sec. 101. Rights and protections under laws against employment 
                            discrimination.
Sec. 102. Rights and protections under the Family and Medical Leave Act 
                            of 1993.
Sec. 103. Rights and protections under the Fair Labor Standards Act.
Sec. 104. Rights and protections under Employee Polygraph Protection 
                            Act.
Sec. 105. Rights and protections under Worker Adjustment and Retraining 
                            Act.
Sec. 106. Rights and protections under chapter 43 of title 38, United 
                            States Code.
Sec. 107. Procedures for remedy of employment discrimination, family 
                            and medical leave, and fair labor standards 
                            violations.
Sec. 108. Rights and protections under the Americans with Disabilities 
                            Act of 1990 relating to public services and 
                            public accommodations; procedures for 
                            remedy of violations.
Sec. 109. Rights and protections under the Occupational Safety and 
                            Health Act of 1970; procedures for remedy 
                            of violations.
Sec. 110. Application of Federal service labor-management relations 
                            statute; procedures for implementation and 
                            enforcement.
Sec. 111. Application of other laws to Congress.
Sec. 112. Study and recommendations regarding General Accounting 
                            Office, Government Printing Office, and 
                            Library of Congress.
     TITLE II--OFFICE OF CONGRESSIONAL FAIR EMPLOYMENT PRACTICES--
                      ESTABLISHMENT AND OPERATIONS

Sec. 201. Establishment of Office of Congressional Fair Employment 
                            Practices.
Sec. 202. Board of Directors.
Sec. 203. Officers, staff, and other personnel.
Sec. 204. Rulemaking by the Office.
Sec. 205. Information program.
Sec. 206. Data collection and report.
Sec. 207. Expenses of the Office.
 TITLE III--ADMINISTRATIVE AND JUDICIAL DISPUTE- RESOLUTION PROCEDURES

Sec. 301. Counseling.
Sec. 302. Mediation.
Sec. 303. Complaint and hearing.
Sec. 304. Appeal to the Board.
Sec. 305. Judicial review of a final decision and enforcement.
Sec. 306. Civil actions.
Sec. 307. Time limitations.
Sec. 308. Settlement of complaints.
Sec. 309. Confidentiality.
Sec. 310. Disclosure to committees of Congress.
Sec. 311. Representation.
                   TITLE IV--MISCELLANEOUS PROVISIONS

Sec. 401. Exercise of rulemaking powers.
Sec. 402. Settlement and awards reserves; authorization of 
                            appropriations.
Sec. 403. Other judicial review prohibited.
Sec. 404. Privileges and immunities.
Sec. 405. Severability.
Sec. 406. Political affiliation and place of residence.
Sec. 407. Nondiscrimination rules of the House and Senate.
Sec. 408. Expedited review of certain appeals.
Sec. 409. Technical and conforming amendments.
Sec. 410. Savings provision.

SEC. 100A. DEFINITIONS.

    Except as otherwise specifically provided in this division, as used 
in this Act:
            (1) Board.--The term ``Board'' means the Board of Directors 
        of the Office of Congressional Fair Employment Practices 
        appointed under section 202.
            (2) Calendar day of continuous session.--The term 
        ``calendar day of continuous session'' means a calendar day 
        other than one on which either House is not in session because 
        of an adjournment of more than three days to a date certain.
            (3) Chair.--The term ``Chair'' means the Chair of the Board 
        of Directors of the Office of Congressional Fair Employment 
        Practices appointed under section 202(b).
            (4) Covered employee.--The term ``covered employee'' means 
        any employee of--
                    (A) the House of Representatives;
                    (B) the Senate;
                    (C) the Architect of the Capitol;
                    (D) the Congressional Budget Office;
                    (E) the Office of Technology Assessment; or
                    (F) the Office of Congressional Fair Employment 
                Practices.
            (5) Director.--The term ``Director'' means the Director of 
        the Office of Congressional Fair Employment Practices appointed 
        under section 203(a).
            (6) Employee of the architect of the capitol.--The term 
        ``employee of the Architect of the Capitol'', means--
                    (A) any employee of the Architect of the Capitol, 
                the Botanic Garden, or the Senate Restaurants;
                    (B) any applicant for a position that is to be 
                occupied by an individual described in subparagraph (A) 
                and whose claim of a violation under this Act arises 
                out of the application; and
                    (C) any individual who was formerly an employee 
                described in subparagraph (A) and whose claim of a 
                violation under this Act arises out of the employment.
            (7) Employee of certain congressional instrumentalities.--
        The terms ``employee of the Congressional Budget Office'', 
        ``employee of the Office of Technology Assessment'', and 
        ``employee of the Office of Congressional Fair Employment 
        Practices'' mean, respectively--
                    (A) any employee of the Congressional Budget 
                Office, the Office of Technology Assessment, or the 
                Office of Congressional Fair Employment Practices;
                    (B) any applicant for a position that is to be 
                occupied by an individual described in subparagraph (A) 
                and whose claim of a violation under this Act arises 
                out of the application; and
                    (C) any individual who was formerly an employee 
                described in subparagraph (A) and whose claim of a 
                violation under this Act arises out of the employment.
            (8) Employee of the house of representatives.--The term 
        ``employee or the House of Representatives'' means--
                    (A) an individual occupying a position the pay for 
                which is disbursed by the Clerk of the House of 
                Representatives, or another official designated by the 
                House of Representatives, or any employment position in 
                a legislative service organization or other entity that 
                is paid through funds derived from the clerk-hire 
                allowance of the House of Representatives, including 
                any such individual employed by the Capitol Police, the 
                Capitol Guide Service, or the Office of the Attending 
                Physician, but not including an individual employed by 
                the Congressional Budget Office or the Architect of the 
                Capitol;
                    (B) any applicant for a position described in 
                subparagraph (A) whose claim of a violation under this 
                Act arises out of the application; and
                    (C) any individual who was formerly an employee 
                described in subparagraph (A) and whose claim of a 
                violation under this Act arises out of the employment.
            (9) Employee of the senate.--The term ``employee of the 
        Senate'' means--
                    (A) any employee whose pay is disbursed by the 
                Secretary of the Senate, including any such individual 
                employed by the Capitol Police, the Capitol Guide 
                Service, or the Office of the Attending Physician, but 
                not including an individual employed by the Architect 
                of the Capitol;
                    (B) any applicant for a position that is to be 
                occupied by an individual described in subparagraph (A) 
                and whose claim of a violation under this Act arises 
                out of the application; and
                    (C) any individual who was formerly an employee 
                described in subparagraph (A) and whose claim of a 
                violation under this Act arises out of the employment.
            (10) Employing office.--The term ``employing office'' means 
        the personal office of a Member of the House of Representatives 
        or a Senator or any other office under the authority of a head 
        of an employing office.
            (11) General counsel.--The term ``General Counsel'' means 
        the General Counsel of the Office of Congressional Fair 
        Employment Practices appointed under section 203(c).
            (12) Head of an employing office.--The term ``head of an 
        employing office'' means--
                    (A) the Member of Congress or the officer or 
                employee or board or other entity of the Congress that 
                has final authority to appoint, hire, discharge, and 
                set the terms, conditions, or privileges of the 
                employment of an employee of the House of 
                Representatives or an employee of the Senate; and
                    (B) the Architect of the Capitol, the Director of 
                the Congressional Budget Office, the Director of the 
                Office of Technology Assessment, and the Board of the 
                Office of Congressional Fair Employment Practices.
        For purposes of the minority staff of a committee, the ranking 
        minority member shall be the head of the employing office.
            (13) Office.--The term ``Office'' means the Office of 
        Congressional Fair Employment Practices established under 
        section 201.

TITLE I--EXTENSION OF RIGHTS AND PROTECTIONS, AND ASSOCIATED PROCEDURES

SEC. 101. RIGHTS AND PROTECTIONS UNDER LAWS AGAINST EMPLOYMENT 
              DISCRIMINATION.

    (a) Discriminatory Practices Prohibited.--
            (1) In general.--All personnel actions affecting covered 
        employees shall, in accordance with the terms of this section, 
        be made free from any discrimination based on--
                    (A) race, color, religion, sex, or national origin, 
                within the meaning of section 717 of the Civil Rights 
                Act of 1964 (42 U.S.C. 2000e-16);
                    (B) age, within the meaning of section 15 of the 
                Age Discrimination in Employment Act of 1967 (29 U.S.C. 
                633a); or
                    (C) handicap or disability, within the meaning of 
                section 501 of the Rehabilitation Act of 1973 (29 
                U.S.C. 791) and sections 102 through 104 of the 
                Americans with Disabilities Act of 1990 (42 U.S.C. 
                12112-12114).
            (2) Prohibition of intimidation or reprisal.--Any 
        intimidation of, or reprisal against, any covered employee 
        because of the exercise of a right under section 107 or 109 
        with respect to rights and protections under this Act 
        constitutes an unlawful employment practice, which may be 
        remedied in the same manner as is a violation of paragraph (1).
    (b) Available Relief.--
            (1) Civil rights.--The relief for a violation of subsection 
        (a)(1)(A) shall be such relief as would be appropriate if 
        awarded under sections 706(g) and 706(k) of the Civil Rights 
        Act of 1964 (42 U.S.C. 2000e-5(g) and 2000e-5(k), and the same 
        interest to compensate for delay in payment shall be available 
        as in cases involving nonpublic parties; and including such 
        compensatory damages (not exceeding, for each complaining 
        party, and irrespective of the size of the employing office, 
        the maximum amount available under section 1977A(b)(3)(D)) of 
        the Revised Statutes (42 U.S.C. 1981a(b)(3)(D)) as would be 
        appropriate if awarded under section 1977 and sections 1977(A) 
        (a) and (b)(2) of the Revised Statutes (42 U.S.C. 1981, 1981a 
        (a) and (b)(2)).
            (2) Age discrimination.--The relief for a violation of 
        subsection (a)(1)(B) shall be such relief as would be 
        appropriate if awarded under section 15(c) of the Age 
        Discrimination in Employment Act of 1967 (29 U.S.C. 633a(c)).
            (3) Disabilities discrimination.--The relief for a 
        violation of subsection (a)(1)(C) shall be such relief as would 
        be appropriate if awarded under section 505(a) of the 
        Rehabilitation Act of 1973 (29 U.S.C. 794a(a)(1)) or section 
        107(a) of the Americans with Disabilities Act of 1990 (42 
        U.S.C. 12117(a)).
            (4) Punitive damages.--Punitive damages shall not be 
        available for a violation of subsection (a).
    (c) Exclusive Procedures.--No covered employee may commence an 
administrative or judicial proceeding to seek a remedy for practices 
prohibited under this section except as provided in section 107. Only a 
covered employee who has undertaken and completed the procedures 
described in section 107 (1) through (3) may be granted relief under 
this section.
    (d) Clarification of Application to General Accounting Office, 
Government Printing Office, and Library of Congress.--
            (1)Section 717 of the civil rights act of 1964.--Section 
        717(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-16) is 
        amended by--
                    (A) striking ``legislative and'';
                    (B) striking ``branches'' and inserting ``branch''; 
                and
                    (C) inserting ``Government Printing Office, the 
                General Accounting Office, and the'' after ``and in 
                the''.
            (2) Section 15 of the age discrimination in employment act 
        of 1967.--Section 15(a) of the Age Discrimination in Employment 
        Act of 1967 (29 U.S.C. 633a(a)) is amended by--
                    (A) striking ``legislative and'';
                    (B) striking ``branches'' and inserting ``branch''; 
                and
                    (C) inserting ``Government Printing Office, the 
                General Accounting Office, and the'' after ``and in 
                the''.
            (3) Section 509 of the americans with disabilities act of 
        1990.--Section 509 of the Americans with Disabilities Act of 
        1990 (42 U.S.C. 12209) is amended--
                    (A) by striking subsections (a) and (b) of section 
                509;
                    (B) in subsection (c), by striking ``(c) 
                Instrumentalities of congress.--'' and inserting ``The 
                General Accounting Office, the Government Printing 
                Office, and the Library of Congress shall be covered as 
                follows:'';
                    (C) by striking the second sentence of paragraph 
                (2);
                    (D) in paragraph (4), by striking 
                ``instrumentalities of the Congress include'' and 
                inserting ``the term instrumentality of the Congress' 
                means'', by striking ``the Architect of the Capitol, 
                the Congressional Budget Office'', by inserting ``and'' 
                before ``the Library'', and by striking ``the Office of 
                Technology Assessment, and the United States Botanic 
                Garden'';
                    (E) by redesignating paragraph (5) as paragraph (7) 
                and by inserting after paragraph (4) the following new 
                paragraph:
            ``(5) Enforcement of employment rights.--The remedies, 
        procedures, and rights set forth in section 717 of the Civil 
        Rights Act of 1964 (42 U.S.C. 2000e-16) shall be available to 
        any employee of an instrumentality of the Congress who alleges 
        a violation of the rights and protections under sections 102 
        through 104 of the Americans with Disabilities Act of 1990 (42 
        U.S.C. 12112-12114) that are made applicable by this section, 
        except that the authorities of the Equal Employment Opportunity 
        Commission shall be exercised by the chief official of each 
        instrumentality of the Congress.''; and
                    (F) by amending the title of the section to read 
                ``instrumentalities of the congress''.
    (e) Effective Date.--This section shall be effective 9 months after 
the date of enactment of this Act.

SEC. 102. RIGHTS AND PROTECTIONS UNDER THE FAMILY AND MEDICAL LEAVE ACT 
              OF 1993.

    (a) Family and Medical Leave Rights and Protections Provided.--
            (1) In general.--The rights and protections established 
        under sections 101 through 105 of the Family and Medical Leave 
        Act of 1993 (29 U.S.C. 2611-2615) shall apply, in accordance 
        with this section, with respect to covered employees.
            (2) Definitions.--For purposes of the application described 
        in paragraph (1)--
                    (A) the term ``eligible employee'' means a covered 
                employee who has been employed in any employing office 
                for 12 months and for at least 1,250 hours of 
                employment during the previous 12 months; and
                    (B) the term ``employer'' means any employing 
                office.
    (b) Available Relief.--The relief for a violation of subsection (a) 
shall be such relief as would be appropriate if awarded under paragraph 
(1) or (3) of section 107(a) of the Family and Medical Leave Act of 
1993 (29 U.S.C. 2617(a) (1) or (3)).
    (c) Exclusive Procedures.--No covered employee may commence an 
administrative or judicial proceeding to seek a remedy for a violation 
of the rights and protections afforded in this section except as 
provided in section 107. Only a covered employee who has undertaken and 
completed the procedures described in section 107 (1) through (3) may 
be granted relief under this section.
    (d) Rules To Implement Section.--
            (1) In general.--Not later than January 3, 1996, the Board 
        shall, pursuant to section 204, issue any rules necessary to 
        implement the rights and protections under this section.
            (2) Agency regulations.--The rules promulgated under 
        paragraph (1) shall be the same as substantive regulations 
        promulgated by the Secretary of Labor to implement the 
        statutory provisions referred to in subsections (a) and (b) 
        except insofar as the Board may determine, for good cause shown 
        and stated together with the rule, that a different rule would 
        better serve the purposes of such statutory provisions and of 
        this Act.
    (e) Application to General Accounting Office and Library of 
Congress.--
            (1) Family and medical leave act of 1993.--Section 
        101(4)(A) of the Family and Medical Leave Act of 1933 (29 
        U.S.C. 2611(4)(A)) is amended by striking ``and'' at the end of 
        clause (ii), by striking the period at the end of clause (iii) 
        and inserting ``; and'', and by adding after clause (iii) the 
        following:
                            ``(iv) includes the General Accounting 
                        Office and the Library of Congress.''.
            (2) Civil service employees.--Section 6381(1)(A) of title 
        5, United States Code, is amended by striking ``and'' after 
        ``District of Columbia'' and inserting before the semicolon the 
        following: ``, and any employee of the General Accounting 
        Office and the Library of Congress''.
            (3) Enforcement.--Section 107 of the Family and Medical 
        Leave Act of 1993 (29 U.S.C 2617) is amended by adding at the 
        end the following:
    ``(f) General Accounting Office and Library of Congress.--
            ``(1) Procedures.--Procedures for the enforcement of 
        section 105 for the General Accounting Office and the Library 
        of Congress shall be limited to the procedures described in 
        subsection (a).
            ``(2) Secretary of labor.--In the case of the General 
        Accounting Office and the Library of Congress, the authority of 
        the Secretary of Labor under this title shall be exercised 
        respectively by the head official of the General Accounting 
        Office and the Library of Congress.''.
    (f) Effective Date.--Subsections (a) through (d) shall be effective 
on the effective date of the rules issued under subsection (d) or 1 
year after the date of enactment of this Act, whichever is earlier.

SEC. 103. RIGHTS AND PROTECTIONS UNDER THE FAIR LABOR STANDARDS ACT.

    (a) Fair Labor Standards.--
            (1) In general.--Subject to the limitations in section 
        13(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 
        213(a)(1)), the rights and protections established under 
        subsections (a)(1) and (d) of section 6, section 7, section 
        12(c), and section 15(a)(3) of such Act (29 U.S.C. 206 (a)(1) 
        and (d), 207, 212(c), 215(a)(3)) shall apply, in accordance 
with this section, with respect to covered employees.
            (2) Volunteer services excepted.--For the purposes of this 
        section, the term ``employee'' does not include any individual 
        who volunteers to perform services under the same conditions as 
        would exclude an individual who volunteers to perform services 
        for a State, a political subdivision of a State, or an 
        interstate governmental agency under section 3(e)(4)(A) of the 
        Fair Labor Standards Act of 1938 (29 U.S.C. 203(e)(4)(A)).
    (b) Available Relief.--The relief for a violation of subsection (a) 
shall be such relief as would be appropriate if awarded under section 
16(b) of the Fair Labor Standards Act of 1938 (29 U.S.C. 216(b)).
    (c) Exclusive Procedures.--No covered employee may commence an 
administrative or judicial proceeding to seek a remedy for a violation 
of the rights and protections afforded in this section except as 
provided in section 107. Only a covered employee who has undertaken and 
completed the procedures described in section 107 (1) through (3) may 
be granted relief under this section.
    (d) Rules To Implement Section.--
            (1) In general.--Not later than January 3, 1996, the Board 
        shall, pursuant to section 204, issue any rules necessary to 
        implement the rights and protections under this section.
            (2) Agency regulations.--The rules promulgated under 
        paragraph (1) shall be the same as substantive regulations 
        promulgated by the Secretary of Labor to implement the 
        statutory provisions referred to in subsections (a) and (b) 
        except insofar as the Board may determine, for good cause shown 
        and stated together with the rule, that a different rule would 
        better serve the purposes of such statutory provisions and of 
        this Act.
            (3) Irregular work schedules.--As part of the rules under 
        this subsection, the Board shall study and, pursuant to section 
        204, issue rules establishing the manner and extent to which 
        the requirements of this section shall apply to covered 
        employees whose work schedule directly depends on the schedule 
        of the House of Representatives or the Senate. Such rules shall 
        include provisions comparable to the provisions in the Fair 
        Labor Standards Act of 1938 that apply to private and public 
        employees who have irregular work schedules.
    (e) Clarification of application to the Government Printing 
Office.--Section 3(e)(2)(A) of the Fair Labor Standards Act of 1938 (29 
U.S.C. 203(e)(2)(A)) is amended--
            (1) in clause (iii), by striking ``legislative or'',
            (2) by striking ``or'' at the end of clause (iv),
            (3) by striking the semicolon at the end of clause (v) and 
        inserting ``, or'', and
            (4) by adding after clause (v) the following:
                            ``(vi) the Government Printing Office;''.
    (f) Effective Dates.--Subsections (a) through (c) shall be 
effective on the effective date of the rules issued under subsection 
(d) or on July 1, 1996, whichever is earlier.

SEC. 104. RIGHTS AND PROTECTIONS UNDER EMPLOYEE POLYGRAPH PROTECTION 
              ACT.

    (a) Polygraph Protection Rights.--
            (1) In general.--The rights and protections of the Employee 
        Polygraph Protection Act of 1988 (29 U.S.C. 2001 et seq.) shall 
        apply, in accordance with this section, with respect to covered 
        employees.
            (2) Coverage.--For purposes of this section, the term 
        ``covered employee'' shall include employees of the General 
        Accounting Office and the Library of Congress, and the term 
        ``employing office'' shall include the General Accounting 
        Office and the Library of Congress.
    (b) Available Relief.--The relief for a violation of subsection (a) 
shall be such relief as would be appropriate if awarded under section 
6(c)(1), (3) of the Employee Polygraph Protection Act of 1988 (29 
U.S.C. 20005(c)(1), (3)).
    (c) Exclusive Procedures.--No covered employee may commence an 
administrative or judicial proceeding to seek a remedy for any 
violation of or to enforce any rights and protections provided by this 
section except as provided in section 107. Only a covered employee who 
has undertaken and completed the procedures described in sections 107 
(1) through (3) may be granted relief under this section.
    (d) Rules To Implement Section.--Not later than January 3, 1997, 
the Board shall issue rules pursuant to section 204 on the manner and 
extent to which the requirements, exemptions, and relief (except for 
penalties) of the Employee Polygraph Protection Act of 1988 should 
apply to covered employees and offices of the legislative branch. In 
issuing such regulations, the Board shall, to the greatest extent 
practicable, be consistent with the provisions and purposes of such Act 
and any regulations issued by the Secretary of Labor under such Act, 
and the purposes of this Act.
    (e) Effective Date.--Subsections (a) and (b) shall be effective on 
the effective date of the rules issued under subsection (c) or on July 
1, 1997, whichever is earlier; except that subsections (a) and (b) 
shall be effective with respect to the General Accounting Office and 
the Library of Congress 1 year after the completion of the study under 
section 112.

SEC. 105. RIGHTS AND PROTECTIONS UNDER WORKER ADJUSTMENT AND RETRAINING 
              ACT.

    (a) Worker Adjustment and Retraining Rights.--
            (1) In general.--The rights and protections of the Worker 
        Adjustment and Retraining Notification Act (29 U.S.C. 2101 et 
        seq.) shall apply, in accordance with this section, with 
        respect to covered employees.
            (2) Coverage.--For purposes of this section, the term 
        ``covered employee'' shall include employees of the General 
        Accounting Office and the Library of Congress, and the term 
        ``employing office'' shall include the General Accounting 
        Office and the Library of Congress.
    (b) Available Relief.--The relief for a violation of subsection (a) 
shall be such relief as would be appropriate if awarded under section 5 
of the Worker Adjustment and Retraining Notification Act of 1988 (29 
U.S.C. 2104(a)).
    (c) Exclusive Procedures.--No person may commence an administrative 
or judicial proceeding to seek a remedy for any violation of or to 
enforce any rights and protections provided by this section except as 
provided in section 107. Only a covered employee who has undertaken and 
completed the procedures described in section 107 (1) through (3) may 
be granted relief under this section.
    (d) Rules To Implement Section.--Not later than January 3, 1997, 
the Board shall issue rules pursuant to section 204 on the manner and 
extent to which the requirements, exemptions, and relief of the Worker 
Adjustment and Retraining Act should apply to covered employees and 
employing offices. In issuing such regulations, the Board shall, to the 
greatest extent practicable, be consistent with the provisions and 
purposes of such Act and any regulations issued by the Secretary of 
Labor under such Act, and the purposes of this Act.
    (e) Effective Date.--Subsections (a) and (b) shall be effective on 
the effective date of the rules issued under subsection (c) or on July 
1, 1997, whichever is earlier; except that subsections (a) and (b) 
shall be effective with respect to the General Accounting Office and 
the Library of Congress 1 year after the completion of the study under 
section 112.

SEC. 106. RIGHTS AND PROTECTIONS UNDER CHAPTER 43 OF TITLE 38, UNITED 
              STATES CODE.

    (a) Employment and Reemployment Rights of Members of the Uniformed 
Services.--
            (1) In general.--It shall be unlawful for an employing 
        office to--
                    (A) discriminate, within the meaning of sections 
                4311(a) and 4311(b) of title 38, United States Code, 
                against an eligible employee;
                    (B) deprive an eligible employee of reemployment 
                rights within the meaning of sections 4312 and 4313 of 
                title 38, United States Code; or
                    (C) deprive an eligible employee of benefits within 
                the meaning of sections 4316, 4317, and 4318 of title 
                38, United States Code.
            (2) Definition.--For purposes of this section, the term 
        ``eligible employee'' means a covered employee performing 
        service in the uniformed services, within the meaning of 
        section 4303(13) of title 38, United States Code, whose service 
        has not been terminated upon occurrence of any of the events 
        enumerated in section 4304 of title 38, United States Code.
            (3) Coverage.--For purposes of this section, the term 
        ``covered employee'' shall include employees of the General 
        Accounting Office and the Library of Congress and the term 
        ``employing office'' shall include the General Accounting 
        Office and the Library of Congress.
    (b) Available Relief.--The relief for a violation of subsection (a) 
shall be such relief as would be appropriate if awarded under section 
4323(c)(1) of title 38, United States Code.
    (c) Exclusive Procedures.--No person may commence an administrative 
or judicial proceeding to seek a remedy for practices prohibited under 
this section except as provided in section 107 and section 4314(c) of 
title 38, United States Code. Only a covered employee who has 
undertaken and completed the procedures described in section 107 (1) 
through (3) may be granted relief under this section.
    (d) Rules To Implement Section.--
            (1) In general.--Not later than January 3, 1996, the Board 
        shall, pursuant to section 204, issue any rules necessary to 
        implement the rights and protections under this section.
            (2) Agency regulations.--The rules promulgated under 
        paragraph (1) shall be the same as substantive regulations 
        promulgated by the Secretary of Labor to implement the 
        statutory provisions referred to in subsection (a) except to 
        the extent that the Board may determine, for good cause shown 
        and stated together with the regulation, that a different 
        regulation would better serve the purposes of such statutory 
        provisions and of this Act.
    (e) Effective Date.--This section shall be effective on the 
effective date of the regulations issued under subsection (d) or on 
July 1, 1997, whichever is earlier; except that subsections (a) and (b) 
shall be effective with respect to the General Accounting Office and 
the Library of Congress 1 year after the completion of the study under 
section 112.

SEC. 107. PROCEDURES FOR REMEDY OF EMPLOYMENT DISCRIMINATION, FAMILY 
              AND MEDICAL LEAVE, AND FAIR LABOR STANDARDS VIOLATIONS.

    The exclusive procedures for remedy of violations of sections 101, 
102, 103, 104, 105, and 106 shall be as follows:
            (1) Counseling.--Any covered employee alleging a violation 
        of section 101, 102, 103, 104, 105, or 106 may request 
        counseling by the Office. Such counseling shall be conducted 
        pursuant to the provisions of section 301 and shall be 
        requested within the time specified in section 307.
            (2) Mediation.--Not later than 15 days after the Office 
        gives notification to an employee pursuant to section 301(d) of 
        the end of the period of counseling under paragraph (1), the 
        employee may file a request for mediation with the Office. On 
        the filing of such a request, the Office shall conduct 
        mediation in accordance with section 302.
            (3) Choice of adjudicatory proceeding.--Not later than 90 
        days after the Office gives notice pursuant to section 302(f) 
        of the end of the period of mediation, but not sooner than 30 
        days after such notification, an employee may either--
                    (A) file a formal complaint with the Office in 
                accordance with section 303; or
                    (B) file a civil action in the United States 
                district court for the district in which the employee 
                is employed or for the District of Columbia, subject to 
                the provisions of section 306.
            (4) Appeal to the board.--Any party aggrieved by a final 
        decision of the hearing officer with respect to a formal 
        complaint filed with the Office pursuant to paragraph (3)(A) 
        may appeal to the Board pursuant to section 304 not later than 
        30 days after the entry of the final decision of a hearing 
        officer under section 303(g).
            (5) Judicial review.--Any party aggrieved by a final 
        decision of the Board under paragraph (4) may file a petition 
        for review in the United States Court of Appeals for the 
        Federal Circuit pursuant to section 305 not later than 90 days 
        after the entry of the final decision of the Board under 
        section 304(e).

SEC. 108. RIGHTS AND PROTECTIONS UNDER THE AMERICANS WITH DISABILITIES 
              ACT OF 1990 RELATING TO PUBLIC SERVICES AND PUBLIC 
              ACCOMMODATIONS; PROCEDURES FOR REMEDY OF VIOLATIONS.

    (a) Entities Subject to This Section.--The requirements of this 
section shall apply to--
            (1) each office of the Senate;
            (2) each office of the House of Representatives;
            (3) each joint committee of the Congress;
            (4) the Office of the Architect of the Capitol (including 
        the Senate Restaurants and the Botanic Garden);
            (5) the Capitol Guide Service;
            (6) the Capitol Police;
            (7) the Congressional Budget Office;
            (8) the Office of Technology Assessment; and
            (9) the Office of Congressional Fair Employment Practices.
    (b) Discrimination in Public Services.--
            (1) Rights and protections.--The rights and protections 
        against discrimination in the provision of public services 
        established under sections 201 through 230, 302, 303, 309, 
        503(a), and 503(b) of the Americans with Disabilities Act of 
        1990 (42 U.S.C. 12131-12150, 12182-12183, 12189, 12203(a), 
        12203(b)) shall apply, pursuant to the terms of this section, 
        to the entities listed in subsection (a).
            (2) Coverage.--The rights and protections of paragraph (1) 
        shall apply, pursuant to the terms of this section, to any 
        qualified individual with a disability (as defined in section 
        201(2) of the Americans with Disabilities Act of 1990 (42 
        U.S.C. 12131(2)), except that, with respect to any claims of 
        employment discrimination asserted by any covered employee, the 
        exclusive remedy shall be under section 101.
            (3) Definitions.--For purposes of the application of the 
        Americans with Disabilities Act of 1990 under this section, the 
        term ``public entity'' means any entity listed in subsection 
        (a). For purposes of this section, an office of the Senate or 
        an office of the House of Representatives means, respectively, 
        a unit of the Senate or the House of Representatives that 
        provides public services, within the meaning of sections of the 
        Americans with Disabilities Act of 1990 as applied by paragraph 
        (1).
    (c) Available Relief.--The relief for a violation of subsection (b) 
shall be such relief as would be appropriate if awarded under section 
203 or 503(c) of the Americans with Disabilities Act of 1990 (42 U.S.C. 
12133 or 12203(c)).
    (d) Available Procedures.--
            (1) Charge filed with general counsel.--A qualified 
        individual with a disability who alleges a violation of 
        subsection (b) by an entity listed in subsection (a) may file a 
        charge with the General Counsel. The General Counsel shall 
        investigate the charge.
            (2) Mediation.--If, upon investigation under paragraph (1), 
        the General Counsel believes that a violation of subsection (b) 
        may have occurred and that mediation may be helpful in 
        resolving the dispute, the General Counsel may request 
        mediation under section 302 between the charging individual and 
        the entity or entities responsible for causing or remedying the 
        alleged violation.
            (3) Complaint, hearing, board review.--If mediation under 
        paragraph (2) has not succeeded in resolving the dispute, and 
        if the General Counsel believes that a violation of subsection 
        (b) has occurred, the General Counsel may file with the Office 
        a complaint against the entity or entities. The complaint shall 
        be submitted to a hearing officer for decision pursuant to 
        section 303, subject to review by the Board pursuant to section 
        304.
            (4) Judicial review.--The charging individual or the entity 
        or entities respondent to the complaint, if aggrieved by a 
        final decision of the Board under paragraph (3), may file a 
        petition for review in the United States Court of Appeals for 
        the Federal Circuit, pursuant to section 305.
            (5) Exclusive procedures.--No person may commence an 
        administrative or judicial proceeding to seek a remedy for 
        violation of the rights and protections afforded in this 
        section except as provided in this subsection. Only a qualified 
        individual with a disability who has filed a charge with the 
        General Counsel under this subsection may be granted relief 
        under this section.
    (e) Rules To Implement Section.--
            (1) In general.--Not later than January 3, 1996, the Board 
        shall, pursuant to section 204, issue rules necessary to 
        implement the rights and protections under this section.
            (2) Agency regulations.--The rules promulgated under 
        paragraph (1) shall be the same as substantive regulations 
        promulgated by the Attorney General and the Secretary of 
        Transportation to implement the statutory provisions referred 
        to in subsections (b) and (c) except to the extent that the 
        Board may determine, for good cause shown and stated together 
        with the rule, that a different rule would better serve the 
        purposes of such statutory provisions and of this Act.
    (f) Effective Dates.--Subsections (b), (c), and (d) shall be 
effective on the effective date of the rules issued under subsection 
(e) or on July 1, 1996, whichever is earlier.
    (g) Inspection; Report to Congress.--
            (1) Inspection.--On a regular basis, and at least once each 
        Congress, the General Counsel shall inspect the facilities of 
        Congress and of congressional instrumentalities listed in 
        subsection (a) to ensure compliance with subsection (b).
            (2) Report.--On the basis of these inspections, the General 
        Counsel shall, at least once every Congress, prepare and submit 
        a report to the Speaker of the House of Representatives and the 
        President pro tempore of the Senate containing the results of 
        the inspection, describing any steps necessary to correct any 
        violations of this section, assessing any limitations in 
        accessibility to and usability by individuals with disabilities 
        associated with each violation, and the estimated cost and time 
        needed for abatement.
            (3) Details.--The Attorney General, the Secretary of 
        Transportation, and the Architectural and Transportation 
        Barriers Compliance Board may, on request of the Office, detail 
        to the Office such personnel as may be necessary to advise and 
        assist the Office in carrying out its duties under this 
        section.
    (h) Application of Americans With Disabilities Act of 1990 to the 
Provision of Public Services and Accommodations by the General 
Accounting Office, the Government Printing Office, and the Library of 
Congress.--Section 509 of the Americans with Disabilities Act of 1990 
(42 U.S.C. 12209), as amended by section 101(d), is amended by adding 
the following new paragraph:
            ``(6) Enforcement of rights to public services and 
        accommodations.--The remedies, procedures, and rights set forth 
        in section 717 of the Civil Rights Act of 1964 (42 U.S.C. 
        2000e-16) shall be available to any qualified person with a 
        disability who is a visitor, guest, or patron of an 
        instrumentality of Congress and who alleges a violation of the 
        rights and protections under sections 201 through 230, 302, and 
        303 of the Americans with Disabilities Act of 1990 (42 U.S.C. 
        12131-12150, 12182-83) that are made applicable by this 
        section, except that the authorities of the Equal Employment 
        Opportunity Commission shall be exercised by the chief official 
        of the instrumentality of the Congress.''.

SEC. 109. RIGHTS AND PROTECTIONS UNDER THE OCCUPATIONAL SAFETY AND 
              HEALTH ACT OF 1970; PROCEDURES FOR REMEDY OF VIOLATIONS.

    (a) Occupational Safety and Health Protections.--
            (1) In general.--Each employing office and each covered 
        employee (and representatives of such employee) shall comply 
        with provisions of section 5 of the Occupational Safety and 
        Health Act of 1970 (29 U.S.C. 654). The duties, rights, and 
        protections of sections 8, 9, and 11(c) of the Occupational 
        Safety and Health Act of 1970 (29 U.S.C. 657, 658 and 660(c)) 
        shall apply with respect to each employing office and each 
        covered employee (and representatives of such employee). For 
        purposes of the application under this section of the 
        Occupational Safety and Health Act of 1970, the term 
        ``employer'' as used in such Act or in this section means any 
        employing office and the term ``employee'' means any covered 
        employee.
            (2) Coverage.--For purposes of the application under this 
        section of the Occupational Safety and Health Act of 1970, the 
        term ``employer'' as used in such Act means an employing office 
        and the term ``employee'' means a covered employee. For 
        purposes of this section, the term ``employing office'' 
        includes the General Accounting Office and the Library of 
        Congress, and the term ``employee'' includes employees of the 
        General Accounting Office and the Library of Congress.
    (b) Available Remedies.--The remedies for a violation of subsection 
(a) shall be such remedies, except penalties, as would be appropriate 
if awarded under sections 9(a), 10(c), and 11(c)(2) of the Occupational 
Safety and Health Act of 1970 (29 U.S.C. 658(a), 659(c), and 
660(c)(2)).
    (c) Available Procedures.--
            (1) Inspections, investigations; authorities of the general 
        counsel.--For purposes of this section and in the manner 
        provided in this section, the General Counsel shall exercise 
        the authorities granted to the Secretary of Labor by 
        subsections (a) and (f) of section 8 of the Occupational Safety 
        and Health Act of 1970 (29 U.S.C. 657 (a) and (f)) to inspect 
        and investigate places of employment under the jurisdiction of 
        employers. Any employer, employee, or representative of 
        employees may submit written requests to the General Counsel to 
        conduct an inspection.
            (2) Citations, notices, notifications; authorities of the 
        general counsel.--
                    (A) In general.--For purposes of this section and 
                in the manner provided in this section, the General 
                Counsel shall exercise the authorities granted to the 
                Secretary of Labor in sections 9 and 10 of the 
                Occupational Safety and Health Act of 1970 (29 U.S.C. 
                658 and 659), to issue--
                            (i) a citation or notice to any employer 
                        that the General Counsel believes is in 
                        violation of subsection (a); or
                            (ii) a notification to any employer that 
                        the General Counsel believes has failed to 
                        correct a violation for which a citation has 
                        been issued within the period permitted for its 
                        correction.
                    (B) Appropriate employer.--A citation or 
                notification may not be issued to an employer that is 
                neither responsible for having caused nor responsible 
                for correcting a violation. Appropriation of 
                insufficient funds shall not indicate a lack of 
                responsibility for having caused or for correcting a 
                violation. If correction of a violation requires action 
                by the Architect of the Capitol, the General Counsel 
                may name the Architect of the Capitol in the citation 
                or notification as an additional respondent.
            (3) Hearings, review; authorities of the board.--For 
        purposes of this section and except as otherwise provided in 
        this section, the Board shall exercise the authorities granted 
to the Occupational Safety and Health Review Commission in section 
10(c) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 
659(c)) and to the Secretary of Labor (with respect to affirming or 
modifying abatement requirements), to hear objections and requests with 
respect to citations and notifications. The Board may refer disputed 
matters under this paragraph to a hearing officer pursuant to section 
303, subject to review by the Board pursuant to section 304.
            (4) Variance procedures.--For the purposes of this section 
        and except as otherwise provided by this section, the Board 
        shall exercise the authorities granted to the Secretary of 
        Labor in section 6(b)(6) of the Occupational Safety and Health 
        Act of 1970 (29 U.S.C. 655(b)(6)) to act on any request by an 
        employer applying for a temporary order granting a variance 
        from a standard. The Board may refer the matter to a hearing 
        officer pursuant to section 303, subject to review by the Board 
        pursuant to section 304.
            (5) Judicial review.--The General Counsel, or an employing 
        office that is a respondent to a complaint and is aggrieved by 
        a final decision of the Board under paragraph (3) or (4), may 
        file a petition for review with the United States Court of 
        Appeals for the Federal Circuit pursuant to section 305.
            (6) Procedures regarding claims of intimidation or 
        reprisal; authorities of general counsel.--
                    (A) Charge filed with general counsel.--Any 
                employee who believes that he or she has been 
                discharged or otherwise discriminated against in 
                violation of section 11(c) of the Occupational Safety 
                and Health Act of 1970 (29 U.S.C. 660(c)) as made 
                applicable by this section, may, within 30 days after 
                such violation occurs, file a charge with the Office 
                alleging such discrimination. The General Counsel shall 
                investigate the charge.
                    (B) Mediation.--If, upon investigation under 
                subparagraph (A), the General Counsel believes that a 
                violation of section 11(c) of the Occupational Safety 
                and Health Act may have occurred, the General Counsel 
                may request mediation under section 302 between the 
                charging employee and the employer that is alleged to 
                have committed the violation.
                    (C) Complaint, hearing, board review.--If mediation 
                under subparagraph (B) has not succeeded in resolving 
                the dispute, and if the General Counsel believes that a 
                violation of section 11(c) of the Occupational Safety 
                and Health Act of 1970 has occurred, the General 
                Counsel may file with the Office a complaint against 
                the employer. The complaint shall be submitted to a 
                hearing officer for decision pursuant to section 303, 
                subject to review by the Board pursuant to section 304.
                    (D) Petition for review.--The charging employee or 
                any employing office respondent to the complaint, if 
                aggrieved by a final decision of the Board under this 
                paragraph, may file a petition for review with the 
                United States Court of Appeals for the Federal Circuit, 
                pursuant to section 305.
                    (E) Relief.--Only a covered employee who has filed 
                a charge with the General Counsel under this paragraph 
                may be granted relief under this section.
            (7) Exclusive procedures.--No covered employee or 
        representative of such employees may commence any 
        administrative or judicial proceeding to seek a remedy for a 
        violation of the rights and protections afforded in this 
        section except as provided in this subsection.
    (d) Rules To Implement Section.--
            (1) In general.--Not later than July 1, 1996, the Board 
        shall, pursuant to section 204, issue rules necessary to 
        implement the rights and protections under this section.
            (2) Agency regulations.--The rules promulgated under 
        paragraph (1) shall be the same as standards and other 
        substantive regulations promulgated by the Secretary of Labor 
        to implement the statutory provisions referred to in 
        subsections (a) and (b) except to the extent that the Board may 
        determine, for good cause shown and stated together with the 
        rule, that a different rule would better serve the purposes of 
        such statutory provisions and of this Act.
    (e) Effective Dates.--Subsections (a) through (c) shall be 
effective on the effective date of the rules issued under subsection 
(d) or on January 3, 1997, whichever is earlier; except that 
subsections (a) and (b) shall be effective with respect to the General 
Accounting Office and the Library of Congress 1 year after the 
completion of the study under section 112.
    (f) Inspection; Report to Congress; Initial Study.--
            (1) Inspections.--On a regular basis, and at least once 
        each Congress, the General Counsel shall inspect the facilities 
        of the House of Representatives, the Senate, the Architect of 
        the Capitol, the Congressional Budget Office, the Office of 
        Technology Assessment, and the Office of Congressional Fair 
        Employment Practices to ensure compliance with subsection (a).
            (2) Report.--On the basis of these inspections, the General 
        Counsel shall, at least once every Congress, prepare and submit 
        a report to the Speaker of the House of Representatives and the 
        President pro tempore of the Senate containing the results of 
        the inspection, describing any steps necessary to correct any 
        violations of this section, assessing any risks to employee 
        health and safety associated with each violation, and the 
        estimated cost and time needed for abatement.
            (3) Details.--The Secretary of Labor may, on request of the 
        Office, detail to the Office such personnel as may be necessary 
        to advise and assist the Office in carrying out its duties 
        under this section.
            (4) Initial period for study and corrective action.--The 
        period from the date of enactment of this Act until January 3, 
        1997, shall be available to employing offices to identify any 
        violations of subsection (a), to determine the costs of coming 
        into compliance, and to take any necessary corrective action to 
        cure any violations. The Office shall assist employing offices 
        by arranging for inspections and other technical assistance at 
        their request. By July 1, 1996, the General Counsel shall 
        conduct a thorough inspection under paragraph (1) and shall 
        submit a report under paragraph (2).

SEC. 110. APPLICATION OF FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS 
              STATUTE; PROCEDURES FOR IMPLEMENTATION AND ENFORCEMENT.

    (a) Labor-Management Rights.--Subject to subsection (d), the 
rights, protections, and responsibilities established under sections 
7102, 7103, 7106, 7111 through 7117, and 7119 through 7122 of title 5, 
United States Code, shall apply, pursuant to this section, to employing 
offices and to covered employees and representatives of those 
employees. For purposes of the application under this section of the 
sections referred to in the preceding sentence, the term ``agency'' 
shall be deemed to include an employing office.
    (b) Authorities and Procedures for Implementation and 
Enforcement.--
            (1) General authorities of the board; petitions.--For 
        purposes of this section and except as otherwise provided in 
        this section, the Board shall exercise the authorities of the 
        Federal Labor Relations Authority under sections 7105, 7111 
        through 7113, 7115, 7117, 7118, and 7122 of title 5, United 
        States Code, and of the President under section 7103(b) of 
        title 5, United States Code. For purposes of this section, any 
        petition or other submission that, under chapter 71 of title 5, 
        United States Code, would be submitted to the Federal Labor 
        Relations Authority shall, if brought under this section, be 
        submitted to the Board. The Board may refer any matter under 
        this paragraph to a hearing officer for decision pursuant to 
        section 303, subject to review by the Board pursuant to section 
        304. The Board may direct that the General Counsel carry out 
        the Board's investigative authorities under this paragraph.
            (2) General authorities of the general counsel; charges of 
        unfair labor practice.--For purposes of this section and except 
        as otherwise provided in this section, the General Counsel 
        shall exercise the authorities of the General Counsel of the 
        Federal Labor Relations Authority under sections 7104 and 7118 
        of title 5, United States Code. For purposes of this section, 
        any charge or other submission that, under chapter 71 of title 
        5, United States Code, would be submitted to the General 
        Counsel of the Federal Labor Relations Authority shall, if 
        brought under this section, be submitted to the General 
        Counsel. If any person charges an employing office or a labor 
        organization with having engaged in or engaging in an unfair 
        labor practice, the General Counsel shall investigate the 
        charge and may issue a complaint. The complaint shall be 
        submitted to a hearing officer for decision pursuant to section 
        303, subject to review by the Board pursuant to section 304.
            (3) Exercise of impasses panel authority; requests.--For 
        purposes of this section and except as otherwise provided in 
        this section, the Board shall exercise the authorities of the 
        Federal Service Impasses Panel under section 7119 of title 5, 
        United States Code. For purposes of this section, any request 
        that, under chapter 71 of title 5, United States Code, would be 
        presented to the Federal Service Impasses Panel shall, if made 
        under this section, be presented to the Board. At the request 
        of the Board, the Director shall appoint a mediator or 
        mediators to perform the functions of the Federal Service 
        Impasses Panel under section 7119 of title 5, United States 
        Code.
            (4) Judicial review.--Except for matters referred to in 
        paragraphs (1) and (2) of section 7123(a) of title 5, United 
        States Code, the charging individual or the entity or entities 
        respondent to the complaint, if aggrieved by a final decision 
        of the Board pursuant to this section may file a petition for 
        judicial review in the United States Court of Appeals for the 
        Federal Circuit pursuant to section 305.
            (5) Exclusive procedures.--No covered employee or 
        representative of such employees may commence an administrative 
        or judicial proceeding to seek a remedy for any violation of or 
        to enforce any rights and protections provided by this section 
        except as provided in this subsection.
    (c) Rules To Implement Section.--
            (1) In general.--Not later than January 3, 1996, except 
        with respect to the offices listed in subsection (d)(2), the 
        Board shall pursuant to section 204, issue rules necessary to 
        implement the rights and protections under this section.
            (2) Agency regulations.--The rules promulgated under 
        paragraph (1) shall be the same as substantive regulations 
        promulgated by the Federal Labor Relations Authority to 
        implement the statutory provisions referred to in subsection 
        (a) except to the extent that as the Board may determine, for 
        good cause shown and stated together with the rule, that a 
        different rule would better serve the purposes of such 
        statutory provisions and of this Act.
    (d) Rulemaking Regarding Application to Certain Offices and 
Instrumentalities of Congress.--
            (1) Rules required.--Not later than July 1, 1996, the Board 
        shall issue rules pursuant to section 204 on the manner and 
        extent to which the requirements and exemptions of chapter 71 
        of title 5, United States Code, should apply to covered 
        employees who are employed in the offices listed in paragraph 
        (2). In issuing such regulations, the Board shall, to the 
        greatest extent practicable, be consistent with the provisions 
        and purposes of chapter 71 of title 5, United States Code, and 
        regulations issued by the Federal Labor Relations Authority 
under such chapter, and the purposes of this Act, and shall also 
consider--
                    (A) the possibility of any conflict of interest or 
                appearance of a conflict of interest;
                    (B) national security; and
                    (C) Congress's constitutional responsibilities.
            (2) Offices referred to.--The offices referred to in 
        paragraph (1) are--
                    (A) the personal office of any Member of the House 
                of Representatives or of any Senator;
                    (B) a standing, select, special, permanent, 
                temporary, or other committee of the Senate or House of 
                Representatives, or a joint committee of Congress;
                    (C) the Office of the Vice President (as President 
                of the Senate), the Office of the President pro tempore 
                of the Senate, the Office of the Majority Leader of the 
                Senate, the Office of the Minority Leader of the 
                Senate, the Office of the Majority Whip of the Senate, 
                the Office of the Minority Whip of the Senate, the 
                Conference of the Majority of the Senate, the 
                Conference of the Minority of the Senate, the Office of 
                the Secretary of the Conference of the Majority of the 
                Senate, the Office of the Secretary of the Conference 
                of the Minority of the Senate, the Office of the 
                Secretary for the Majority of the Senate, the Office of 
                the Secretary for the Minority of the Senate, the 
                Majority Policy Committee of the Senate, the Minority 
                Policy Committee of the Senate, and the following 
                offices within the Office of the Secretary of the 
                Senate: Offices of the Parliamentarian, Bill Clerk, 
                Legislative Clerk, Journal Clerk, Executive Clerk, 
                Enrolling Clerk, and Official Reporter of Debate, Daily 
                Digest, Printing Services, Captioning Services, and 
                Senate Chief Counsel for Employment.
                    (D) the office of the Speaker of the House of 
                Representatives, the Office of the Majority Leader of 
                the House of Representatives, the Office of the 
                Minority Leader of the House of Representatives, the 
                Offices of the Chief Deputy Majority Whips, the Offices 
                of the Chief Deputy Minority Whips and the following 
                offices within the Office of the Clerk of the House of 
                Representatives: Offices of Legislative Operations, 
                Official Reporters of Debate, Official Reporters to 
                Committees, Printing Services, and Legislative 
                Information;
                    (E) the Office of the Legislative Counsel of the 
                Senate, the Office of the Senate Legal Counsel, the 
                Office of the Legislative Counsel of the House of 
                Representatives, the Office of the General Counsel of 
                the House of Representatives, the Office of the 
                Parliamentarian of the House of Representatives, the 
                Office of the Law Revision Counsel;
                    (F) the offices of any caucus or party 
                organization; and
                    (G) the Congressional Budget Office, the Office of 
                Technology Assessment, and the Office of Congressional 
                Fair Employment Practices.
    (e) Effective Date.--
            (1) In general.--Except as provided in paragraph (2), 
        subsections (a) and (b) shall be effective on the effective 
        date of the rules issued under subsection (c), or on July 1, 
        1996, whichever is earlier.
            (2) Certain offices.--With respect to the offices listed in 
        subsection (d)(2), to the covered employees of such offices, 
        and to representatives of such employees, subsections (a) and 
        (b) shall be effective on the effective date of rules issued 
        under subsection (d) and approved under section 204(d)(2).

SEC. 111. APPLICATION OF OTHER LAWS TO CONGRESS.

    (a) Study and Recommendations of Board.--On December 31, 1996, and 
updated every 2 years thereafter, the Board shall issue a report--
            (1) reviewing whether, and to what degree, provisions of 
        Federal law and regulations relating to--
                    (A) the terms and conditions of employment 
                (including hiring, promotion and demotion, salary, 
                wages, overtime compensation, benefits, work 
                assignments or reassignments, termination, protection 
                from discrimination in personnel actions, health and 
                safety of employees and family and medical leave) of 
                employees, and
                    (B) discrimination in the provision of (including 
                access to) public services and accommodations,
        are applicable or inapplicable to officers and employees within 
        the legislative branch and to users of public services and 
        accommodations provided the legislative branch, and
            (2) stating recommendations of the Board as to whether such 
        provisions should be made applicable to the legislative branch 
        or should be otherwise modified.
Such recommendations shall be printed in the Congressional Record, and 
such report shall be referred to the committees of the House of 
Representatives and the Senate with jurisdiction.
    (b) Reports of Congressional Committees.--Each report accompanying 
a bill or joint resolution of a public character reported by a 
committee of the House of Representatives or the Senate (except the 
Committee on Appropriations and the Committee on the Budget of either 
House) shall--
            (1) describe the manner in which the provisions of the bill 
        or joint resolution that apply to the Congress and to 
        congressional instrumentalities; or
            (2) in the case of a provision not applicable to the 
        Congress and to congressional instrumentalities, include a 
        statement of the reasons the provision does not apply.

SEC. 112. STUDY AND RECOMMENDATIONS REGARDING GENERAL ACCOUNTING 
              OFFICE, GOVERNMENT PRINTING OFFICE, AND LIBRARY OF 
              CONGRESS.

    (a) In General.--The Board shall undertake a study of--
            (1) the application of the laws listed in subsection (b) 
        to--
                    (A) the General Accounting Office;
                    (B) the Government Printing Office;
                    (C) the Library of Congress; and
                    (D) any other entity in the legislative branch of 
                the Government not covered by all of the sections of 
                this title; and
            (2) the regulations and procedures used by the 
        instrumentalities and other entities referred to in paragraph 
        (1) to apply and enforce such laws to themselves and their 
        employees.
    (b) Applicable Statutes.--The study under this section shall 
consider the application of the following laws:
            (1) Title VII of the Civil Rights Act of 1964 (42 U.S.C. 
        2000e et seq.), and related provisions of section 2302 of title 
        5, United States Code.
            (2) The Age Discrimination in Employment Act of 1967 (29 
        U.S.C. 621 et seq.), and related provisions of section 2302 of 
        title 5, United States Code.
            (3) The Americans with Disabilities Act of 1990 (42 U.S.C. 
        12101 et seq.), and related provisions of section 2302 of title 
        5, United States Code.
            (4) The Family and Medical Leave Act of 1993 (29 U.S.C. 
        2611 et seq.), and related provisions of sections 6381 through 
        6387 of title 5, United States Code.
            (5) The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et 
        seq.), and related provisions of sections 5541 through 5550a of 
        title 5, United States Code.
            (6) The Occupational Safety and Health Act of 1970 (29 
        U.S.C. 651 et seq.), and related provisions of section 7902 of 
        title 5, United States Code.
            (7) The Rehabilitation Act of 1973 (29 U.S.C. 501 et seq.).
            (8) Chapter 71 of title 5, United States Code.
            (9) The General Accounting Office Personnel Act of 1980 (31 
        U.S.C. subchapter III of chapter 7).
            (10) The Employee Polygraph Protection Act of 1988 (29 
        U.S.C. et seq.).
            (11) The Worker Adjustment and Retraining Notification Act 
        (29 U.S.C. 2101 et seq.).
            (12) Chapter 43 of title 38, United States Code (relating 
        to veterans' employment and reemployment).
    (c) Contents of Study and Recommendations.--The study under this 
section shall evaluate whether the rights, protections, and procedures 
applicable to the congressional instrumentalities and other entities 
referred to in subsection (a) and their employees are at least as 
comprehensive and effective as those required by this title and title 
III, and shall include recommendations for any improvements in such 
regulations and procedures and for any legislation.
    (d) Inspection of Facilities.--In preparation of the study under 
this section, the General Counsel shall inspect the facilities of the 
congressional instrumentalities and other entities referred to in 
subsection (a) to determine the extent of compliance with the 
requirements referred to in paragraphs (3), (6), and (7) of subsection 
(b). The study shall describe the results of the inspection, including 
any steps necessary to correct any violations of these requirements, 
and assessing any risks to employee health and safety or any 
limitations in accessibility to and usability by individuals with 
disabilities associated with each violation, and the estimated cost and 
time needed for abatement. The Secretary of Labor, the Attorney 
General, the Secretary of Transportation, and the Architectural and 
Transportation Barriers Compliance Board may, on request of the Office, 
detail to the Office such personnel as may be necessary to advise and 
assist the Office in carrying out its duties under this section.
    (e) Deadline and Delivery of Study.--Not later than July 1, 1996, 
the Board shall prepare and complete the study and recommendations 
required under this section and shall submit the study and 
recommendations to the head of each instrumentality or other entity 
considered by the study, and to the Speaker of the House of 
Representatives and President pro tempore of the Senate for referral to 
the appropriate committees of the House of Representatives and of the 
Senate.

     TITLE II--OFFICE OF CONGRESSIONAL FAIR EMPLOYMENT PRACTICES--
                      ESTABLISHMENT AND OPERATIONS

SEC. 201. ESTABLISHMENT OF OFFICE OF CONGRESSIONAL FAIR EMPLOYMENT 
              PRACTICES.

    There is hereby established, as an independent office within the 
legislative branch of the Government, the Office of Congressional Fair 
Employment Practices.

SEC. 202. BOARD OF DIRECTORS.

    (a) In General.--There shall be a Board of Directors of the Office 
(the ``Board''), to be composed of 5 members.
    (b) Appointment.--
            (1) Two members by leaders of house of representatives.--
        The Speaker of the House of Representatives shall appoint two 
        members, of whom--
                    (A) one shall be appointed in accordance with the 
                recommendation of the Majority Leader in consultation 
                with the Minority Leader; and
                    (B) one shall be appointed in accordance with the 
                recommendation of the Minority Leader in consultation 
                with the Majority Leader.
            (2) Two members by leaders of senate.--The President pro 
        tempore of the Senate shall appoint two members, of whom--
                    (A) one shall be appointed in accordance with the 
                recommendation of the Majority Leader in consultation 
                with the Minority Leader; and
                    (B) one shall be appointed in accordance with the 
                recommendation of the Minority Leader in consultation 
                with the Majority Leader.
            (3) Chair.--The Chair shall be appointed jointly by the 
        Speaker of the House of Representatives and the President pro 
        tempore of the Senate from among candidates jointly recommended 
        by the Majority Leaders and the Minority Leaders of the House 
        of Representatives and the Senate.
    (c) Qualifications.--
            (1) In general.--Selection and appointment of members shall 
        be without regard to political affiliation and solely on the 
        basis of fitness to perform the duties of the office.
            (2) Specific qualifications.--Members shall have training 
        or experience in the application of the rights, protections, 
        and remedies under one or more of the statutes made applicable 
        by sections 101 through 107.
            (3) Disqualifications.--No individual shall be eligible to 
        serve on the Board who--
                    (A) is a current or former Member of the House of 
                Representatives or a Senator;
                    (B) is, or has been within the 2 years prior to 
                appointment--
                            (i) an elected or appointed officer of the 
                        House of Representatives or the Senate;
                            (ii) head of a congressional 
                        instrumentality referred to in subparagraphs 
                        (C) through (F) of section 3(1) or paragraph 
                        (1), (2), or (3) of section 110(a); or
                            (iii) a covered employee or otherwise an 
                        employee of an instrumentality or other entity 
                        of the legislative branch; or
                    (C) during the period of service engages in, or is 
                otherwise employed in, lobbying of the Congress and who 
                is required under the Federal Regulation of Lobbying 
                Act to register with the Clerk of the House of 
                Representatives or the Secretary of the Senate.
    (d) Time for Original Board Appointments.--All members shall be 
appointed to the Board pursuant to subsection (b) not later than 120 
days after the date of enactment of this Act.
    (e) Appointments To Fill Vacancies on the Board.--Any vacancy in 
the membership of the Board shall be filled in the same manner as the 
original appointment for the vacant position.
    (f) Terms of Office for Board Members.--
            (1) In general.--Except as provided in paragraphs (2) and 
        (3), the term of appointment of each member of the Board shall 
        be 6 years. No member shall be appointed to more than 2 
        consecutive 6-year terms of office.
            (2) Terms of office for original board appointments.--
                    (A) Two members through january 3, 1998.--The terms 
                of the members originally appointed pursuant to 
                subsection (b)(1) shall terminate at noon on January 3, 
                1998.
                    (B) Two members through january 3, 2000.--The terms 
                of the members originally appointed pursuant to 
                subsection (b)(2) shall terminate at noon on January 3, 
                2000.
                    (C) One member through january 3, 2002.--The term 
                of the Chair originally appointed shall terminate at 
                noon on January 3, 2002.
            (3) Terms of office for mid-term appointments to the 
        board.--An individual appointed to fill a vacancy occurring 
        before the expiration of a term of office shall be appointed 
        for the remainder of the term. However, if the unexpired part 
        of a term is less than one year, the individual may be 
        appointed for a 6-year term plus the unexpired part of the 
        term.
            (4) Service after expiration of term.--A member may 
        continue to serve after the expiration of his or her term until 
        his successor has taken office, except that he or she may not 
        continue to serve for more than 1 year after the date on which 
        his or her term expired.
    (g) Removal of Board Members.--
            (1) In general.--The Speaker of the House of 
        Representatives and the President pro tempore of the Senate, 
        acting in accordance with the recommendation of any 3 of the 4 
        Majority Leaders and Minority Leaders of the two Houses of 
        Congress, may remove any member from the Board but only for--
                    (A) disability that substantially prevents the 
                member from carrying out the duties of such a member;
                    (B) incompetence;
                    (C) neglect of duty;
                    (D) malfeasance in office;
                    (E) a felony or conduct involving moral turpitude; 
                or
                    (F) holding an office or employment or engaging in 
                an activity that disqualifies the individual from 
                service as a member of the Board under subsection 
                (c)(3).
            (2) Statement of reasons for removal.--In removing any 
        member from the Board, the Speaker of the House of 
        Representatives and the President pro tempore of the Senate 
        shall state in writing to the member being removed the specific 
        reasons for the removal.
    (h) Responsibilities of Chair; Acting Chair.--The Chair shall 
preside at all sessions of the Board and shall fulfill the 
responsibilities of the Chair as specifically provided in this Act. The 
Chair may designate any other member as Acting Chair. During any period 
when the position of the Chair is vacant, the other members shall, by 
majority vote, designate any member as Acting Chair. The Acting Chair 
may act in the place and stead of the Chair during his or her absence 
or when the position of the Chair is vacant.
    (i) Meetings.--The Board shall meet at least once annually.
    (j) Quorum; Action by Majority Vote.--A quorum for the transaction 
of business shall consist of at least 3 members present. Each member, 
including the Chair, shall have one vote. Actions of the Board shall be 
determined by a majority vote of the members present. Any vacancy shall 
not affect the power of the remaining members to fulfill the duties of 
the Board, provided that a quorum is present. Nothing in this 
subsection shall prohibit the Board from delegating the authority of 
the Board to make an interlocutory decision to one or more of the 
members of the Board.
    (k) Compensation of Members.--Each member of the Board other than 
the Chair shall be compensated at a rate equal to the daily equivalent 
of the annual rate of basic pay prescribed for level V of the Executive 
Schedule under section 5316 of title 5, United States Code, for each 
day (including travel time) during which such member is engaged in the 
performance of the duties of the Board. The rate of pay may be prorated 
based on the portion of the day during which the member is engaged in 
the performance of Board duties. The Chair shall be compensated in the 
same manner at a rate equal to the daily equivalent of the annual rate 
of basic pay prescribed for level IV of the Executive Schedule under 
section 5315 of title 5, United States Code.
    (l) Travel Expenses.--Each member of the Board of Directors shall 
receive travel expenses, including per diem in lieu of subsistence, at 
rates authorized for employees of agencies under subchapter I of 
chapter 57 of title 5, United States Code, for each day the member is 
engaged in the performance of duties away from the home or regular 
place of business of the member.
    (m) Congressional Oversight.--The Board and the Office shall be 
subject to oversight by the Committee on Rules and Administration and 
Committee on Governmental Affairs of the Senate and the Committee on 
House Administration of the House of Representatives. The Speaker of 
the House of Representatives and the President pro tempore of the 
Senate shall promptly refer to such committees copies of all general 
notices of proposed rulemaking and final rules submitted under section 
204(d)(1) and any resolutions introduced with respect to approval of 
such rules.

SEC. 203. OFFICERS, STAFF, AND OTHER PERSONNEL.

    (a) Director.--
            (1) In general.--
                    (A) In general.--The Chair, subject to the approval 
                of the Board, shall appoint and may remove a Director. 
                Selection and appointment of the Director shall be 
                without regard to political affiliation and solely on 
                the basis of fitness to perform the duties of the 
                office.
                    (B) Disqualification.--No person described in 
                section 202(c)(3), other than a member, officer, or 
                employee of an office of fair employment practices or a 
                personnel appeals board, may be appointed Director.
            (2) Compensation.--The Chair may fix the compensation of 
        the Director. The rate of pay for the Director may not exceed 
        the annual rate of basic pay prescribed for level V of the 
        Executive Schedule under section 5316 of title 5, United States 
        Code.
            (3) Duties.--The Director shall serve as the chief 
        operating officer of the Office. Except as otherwise specified 
        in this Act, the Director shall carry out all of the 
        responsibilities of the Office under this Act.
    (b) Deputy Directors.--
            (1) In general.--The Chair, subject to the approval of the 
        Board, shall appoint and may remove a Deputy Director for the 
        Senate and a Deputy Director for the House of Representatives. 
        Selection and appointment of a Deputy Director shall be without 
        regard to political affiliation and solely on the basis of 
        fitness to perform the duties of the office. The 
        disqualifications in subsection (a)(1)(B) shall apply to the 
        appointment of a Deputy Director.
            (2) Compensation.--The Chair may fix the compensation of a 
        Deputy Director. The rate of pay for a Deputy Director may not 
        exceed 96 percent of the annual rate of basic pay prescribed 
        for level V of the Executive Schedule under section 5316 of 
        title 5, United States Code.
            (3) Duties.--The Deputy Director for the Senate shall be 
        responsible for the development of rules under section 
        204(b)(2)(B)(i), and shall assume such other responsibilities 
        as may be delegated by the Director. The Deputy Director for 
        the House of Representatives shall be responsible for the 
        development of rules under section 204(b)(2)(B)(ii), and shall 
        assume such other responsibilities as may be delegated by the 
        Director.
    (c) General Counsel.--
            (1) In general.--The Chair, subject to the approval of the 
        Board, shall appoint and may remove a General Counsel. 
        Selection and appointment of the General Counsel shall be 
        without regard to political affiliation and solely on the basis 
        of fitness to perform the duties of the Office. The 
        disqualifications in subsection (a)(1)(B) shall apply to the 
        appointment of a General Counsel.
            (2) Compensation.--The Chair may fix the compensation of 
        the General Counsel. The rate of pay for the General Counsel 
        may not exceed the annual rate of basic pay prescribed for 
        level V of the Executive Schedule under section 5316 of title 
        5, United States Code.
            (3) Duties.--The General Counsel shall--
                    (A) exercise the authorities and perform the duties 
                of the General Counsel as specified in this Act; and
                    (B) otherwise assist the Board and the Director in 
                carrying out their duties and powers.
            (4) Attorneys in the office of the general counsel.--The 
        General Counsel shall appoint, and fix the compensation of, and 
        may remove, such additional attorneys as may be necessary to 
        enable the General Counsel to perform his or her duties.
    (d) Other Staff.--The Director shall appoint, and fix the 
compensation of, and may remove, such other additional staff, including 
hearing officers, but not including attorneys employed in the office of 
the General Counsel, as may be necessary to enable the Office to 
perform its duties.
    (e) Detailed Personnel.--The Director may, with the prior consent 
of the Government department or agency concerned, use on a reimbursable 
or nonreimbursable basis the services of personnel of any such 
department or agency, including the services of members or personnel of 
the General Accounting Office Personnel Appeals Board.
    (f) Consultants.--In carrying out the functions of the Office, the 
Director may procure the temporary (not to exceed 1 year) or 
intermittent services of consultants.

SEC. 204. RULEMAKING BY THE OFFICE.

    (a) Rules of the Office.--
            (1) In general.--Not later than 180 days after the 
        appointment of a quorum of the Board, the Board shall issue 
        final rules of organization, procedures, and practice (within 
        the meaning of section 553(b)(A) of title 5, United States 
        Code), including rules on the procedures of the Board and rules 
        of procedure and practice for proceedings before hearing 
        officers and before the Board. Such rules may also specify 
        authorities and duties of the Director, the General Counsel, 
        and other personnel of the Office, consistent with the 
        authorities and duties granted and imposed under this Act.
            (2) Rulemaking procedure.--Rules under this subsection--
                    (A) shall be issued in accordance with subsection 
                (c); and
                    (B) shall become effective immediately upon 
                approval under paragraph (3), except for rules of 
                procedure and practice for proceedings before hearing 
                officers and before the Board, which shall become 
                effective 60 days after such approval.
            (3) Approval.--Rules under this subsection shall be subject 
        to approval by Congress by concurrent resolution, pursuant to 
        subsection (d).
    (b) Rules Other Than Rules of the Office.--
            (1) In general.--The Board shall adopt such rules other 
        than rules of the Office issued under subsection (a) as the 
        Board may determine are necessary.
            (2) Rulemaking procedure.--Rules under this subsection--
                    (A) shall be issued in accordance with subsection 
                (c);
                    (B) shall consist of three separate bodies of 
                rules, which shall apply, respectively, to--
                            (i) the Senate and employees of the Senate 
                        other than employees referred to in clause 
                        (iii);
                            (ii) the House of Representatives and 
                        employees of the House of Representatives other 
                        than employees referred to in clause (iii); and
                            (iii) the Architect of the Capitol, the 
                        Congressional Budget Office, the Office of 
                        Technology Assessment, the Office, and 
                        employees of these congressional 
                        instrumentalities; the Capitol Police and 
                        members of the Capitol Police; and other work 
                        units and members of other work units (other 
                        than joint committees of the Congress) that 
                        include employees of the Senate and of the 
                        House of Representatives under the same 
                        management; and
                    (C) shall become effective not less than 60 days 
                after the rules are approved under paragraph (3), 
                except as may be otherwise provided by the Board for 
                good cause found (within the meaning of section 
                553(d)(3) of title 5, United States Code) and published 
                with the rule.
            (3) Approval.--Rules referred to in paragraph (2)(B)(i) may 
        be approved by the Senate by resolution or by the Congress by 
        joint resolution or statute. Rules referred to in paragraph 
        (2)(B)(ii) may be approved by the House of Representatives by 
        resolution or by the Congress by joint resolution or statute. 
        Rules referred to in paragraph (2)(B)(iii) may be approved by 
        Congress by concurrent resolution or by joint resolution or 
        statute. Rules approved by joint resolutions or statute shall 
        have the force and effect of law. Approval referred to in this 
        paragraph shall be pursuant to subsection (d).
    (c) Publication and Issuance.--
            (1) Rulemaking procedure.--The Board shall issue rules 
        described in subsections (a) and (b) in accordance with the 
        principles and procedures set forth in section 553 of title 5, 
        United States Code. The Board shall publish a general notice of 
        proposed rulemaking under section 553(b) of title 5, United 
        States Code, but, instead of publication of a general notice of 
        proposed rulemaking in the Federal Register, the Board shall 
        transmit such notice to the Speaker of the House of 
        Representatives and the President pro tempore of the Senate for 
        publication in the Congressional Record on the first day on 
        which both Houses are in session following such transmittal. 
        Prior to issuing rules, the Board shall provide a comment 
        period of at least 30 days after publication of a general 
        notice of proposed rulemaking. Upon issuing final rules, the 
        Board shall transmit notice of such action together with a copy 
        of such rules to the Speaker of the House of Representatives 
        and the President pro tempore of the Senate for publication in 
        the Congressional Record on the first day on which both Houses 
        are in session following such transmittal. Rules shall be 
        considered issued by the Board as of the date on which they are 
        published in the Congressional Record.
            (2) Recommendation as to method of approval.--The Board 
        shall include a recommendation in the general notice of 
        proposed rulemaking and in the final rules as to whether the 
        rules should be approved by resolution of the Senate, by 
        resolution of the House of Representatives, by concurrent 
        resolution, by joint resolution, or by statute.
    (d) Approval of Rules.--
            (1) One-house resolution or concurrent resolution.--In the 
        case of a concurrent resolution referred to in subsection 
        (a)(3), or a resolution of the House of Representatives, a 
        resolution of the Senate, or a concurrent resolution referred 
        to in subsection (b)(3), the matter after the resolving clause 
        shall be the following: ``The following rules issued by the 
        Office of Congressional Fair Employment Practices on ____ are 
        hereby approved:'' (the blank spaces being appropriately filled 
        in, and the text of the rules being set forth).
            (2) Joint resolution or statute.--In the case of a joint 
        resolution referred to in subsection (b)(3), the matter after 
        the resolving clause shall be the following, and, in the case 
        of a statute referred to in subsection (b)(3), the matter after 
        the enacting clause shall include the following: ``The 
        following rules issued by the Office of Congressional Fair 
        Employment Practices on ____ are hereby approved and shall have 
the force and effect of law:'' (the blank spaces being appropriately 
filled in, and the text of the rules being set forth).
    (e) Referral.--Upon receipt of a notice of issuance of final rules 
under subsection (c), the Speaker of the House of Representatives and 
the President pro tempore of the Senate shall refer such notice, 
together with a copy of such rules, to the appropriate committee or 
committees of the House of Representatives and of the Senate. The 
purpose of the referral shall be to consider whether such rules should 
be approved, and, if so, whether such approval should be by resolution 
of the House of Representatives or of the Senate, by concurrent 
resolution, by joint resolution, or by statute.
    (f) Joint Referral and Discharge in the Senate.--The President pro 
tempore of the Senate may refer the notice of issuance of final rules, 
or any resolution of approval of final rules, to one committee or 
jointly to more than one committee. If a committee of the Senate acts 
to report a jointly referred measure, any other committee of the Senate 
must act within 30 calendar days of continuous session, or be 
automatically discharged.
    (g) Amendment of Rules.--Rules may be amended in the same manner as 
is described in this section for the adoption of rules, except that the 
Board may, in its discretion, dispense with publication of a general 
notice of proposed rulemaking of minor, technical, or urgent amendments 
that satisfy the criteria for dispensing with publication of such 
notice pursuant to section 553(b)(3)(B) of title 5, United States Code.
    (h) Right To Petition for Rulemaking.--Any interested party may 
petition to the Board for the issuance, amendment, or repeal of a rule.
    (i) Application of Executive Agency Regulations by Reference.--The 
Board may, by specific reference in rules issued under this section, 
apply regulations issued by any Executive agency (within the meaning of 
section 105 of title 5, United States Code).
    (j) Consultation.--The Director and the Board--
            (1) shall consult, with regard to the development and 
        issuance of rules, with--
                    (A) the Chairman of the Administrative Conference 
                of the United States;
                    (B) the Secretary of Labor;
                    (C) the Federal Labor Relations Authority; and
                    (D) the Director of the Office of Personnel 
                Management; and
            (2) may consult with any other persons with whom 
        consultation, in the opinion of the Board or the Director, may 
        be helpful.

SEC. 205. INFORMATION PROGRAM.

    The Board shall conduct an information program to inform Members of 
the House of Representatives, Senators, elected officers of either 
House, heads of employing offices, and covered employees about the 
provisions made applicable to them under this Act.

SEC. 206. DATA COLLECTION AND REPORT.

    The Director shall compile and annually publish statistics with 
respect to contacts and complaints filed with the Office under this 
Act. Such statistics shall include the total numbers of contacts and 
complaints, and a breakdown regarding--
            (1) the kinds of allegations made in contacts with the 
        Office and complaints filed with the Office;
            (2) the time required by the Office to conduct proceedings 
        and resolve various types of matters;
            (3) the number of complaints resolved by settlement, by 
        decision under section 303, or by withdrawal of the complaint; 
        and
            (4) for each category of allegation, the amounts of 
        monetary compensation granted in settlements and awards.

SEC. 207. EXPENSES OF THE OFFICE.

    (a) Authorization of Appropriations.--Beginning in fiscal year 
1995, and for each fiscal year thereafter, there are authorized to be 
appropriated for the expenses of the Office such sums as may be 
necessary to carry out the functions of the Office. Until sums are 
first appropriated pursuant to the preceding sentence, but for a period 
not exceeding 12 months following the date of enactment of this Act, 
the expenses of the Office shall be paid from the contingent fund of 
the Senate, of which 50 percent shall be reimbursed from the contingent 
fund of the House, upon vouchers approved by the Director.
    (b) Witness Fees and Allowances.--Except for covered employees, 
witnesses before a hearing officer or the Board in any proceeding under 
title I other than rulemaking shall be paid the same fee and mileage 
allowances as are paid subpoenaed witnesses in the courts of the United 
States. Covered employees who are summoned, or are assigned by their 
employer, to testify in their official capacity or to produce official 
records before a mediator, hearing officer, or the Board in any 
proceeding under this Act shall be entitled to travel expenses under 
subchapter I and section 5751 of chapter 57 of title 5, United States 
Code.

                 TITLE III--ADMINISTRATIVE AND JUDICIAL

                     DISPUTE-RESOLUTION PROCEDURES

SEC. 301. COUNSELING.

    (a) Initiation.--Any employee referred to in section 107(1) may, 
within the time specified in section 307, request counseling.
    (b) Purpose.--The Office shall provide the employee with all 
relevant information with respect to the rights and remedies as 
provided under this Act and shall provide an opportunity for 
discussion, evaluation, and guidance to assist the employee in 
evaluating and resolving the matter.
    (c) Period of Counseling.--The period for counseling shall begin on 
the date on which the request for counseling is received and shall be 
30 days unless the employee and the Office agree to reduce the period.
    (d) Notification of End of Counseling Period.--The Office shall 
notify the employee in writing when the counseling period has ended.
    (e) Employees of the Architect of the Capitol and Capitol Police.--
In the case of an employee of the Architect of the Capitol or an 
employee who is a member of the Capitol Police, the Director may refer 
the employee to the Architect of the Capitol or the Capitol Police 
Board for resolution of the employee's grievance through internal 
grievance procedures of the Architect of the Capitol or the Capitol 
Police Board for a specific period of time, which shall not count 
against the time available for counseling or mediation under this Act.

SEC. 302. MEDIATION.

    (a) Applicability.--Except as otherwise expressly provided in this 
Act, the provisions of this section shall govern all mediation 
conducted by the Office pursuant to this Act.
    (b) Initiation.--Not later than 15 days after the Office notifies 
an employee of the end of the counseling period under section 301(d), 
the employee may file a request for mediation with the Office. 
Mediation may also be initiated pursuant to sections 108(d)(2) and 
109(c)(5).
    (c) Mediation Process.--The Director shall specify one or more 
individuals to mediate any dispute. In identifying individuals to 
mediate, the Director shall consider individuals who are recommended to 
the Director by the Federal Mediation and Conciliation Service, the 
Administrative Conference of the United States, or other appropriate 
organizations.
    (d) Mediation Period.--
            (1) In general.--The mediation period shall be 30 days, 
        beginning on the date the request for mediation is received by 
        the Office.
            (2) Extension.--The mediation period may be extended for 
        additional periods at the joint request of the employee and the 
        employing office.
    (e) Notification of End of Mediation Period.--The Office shall 
notify the employee and the head of the employing office in writing 
when the mediation period has ended.
    (f) Independence of Mediation Process.--No individual appointed by 
the Director to mediate or to be a factfinder in aid of the mediator 
may conduct or aid in the hearing conducted under section 303 with 
respect to the same matter or shall be subject to subpoena or any other 
compulsory process with respect to the same matter.

SEC. 303. COMPLAINT AND HEARING.

    (a) Applicability.--Except as otherwise expressly provided in this 
Act, the provisions of this section shall govern all hearings conducted 
by a hearing officer pursuant to this Act.
    (b) Complaint.--Any complaint shall be filed with the Office 
against the employing office. Any complaint required by this Act to be 
preceded by counseling and mediation may not be filed unless the 
employee has made a timely request for counseling and has completed the 
procedures set forth in sections 301 and 302.
    (c) Hearing Officer.--Upon the filing of a complaint, the Director 
shall appoint an independent hearing officer to consider the complaint 
and render a decision. No Member of the House of Representatives, 
Senator, officer of either the House of Representatives or the Senate, 
head of an employing office, member of the Board, or covered employee 
may be appointed to be a hearing officer under this Act. The Director 
shall develop master lists, composed of members of the bar of a State 
or the District of Columbia and retired judges of the United States 
courts, experienced in adjudicating and arbitrating the kinds of 
personnel and other matters for which hearings may be held under this 
Act, and individuals expert in technical matters relating to 
accessibility and usability by persons with disabilities or technical 
matters relating to occupational safety and health, after considering 
candidates recommended to the Director by the Federal Mediation and 
Conciliation Service, the Administrative Conference of the United 
States, or organizations composed primarily of individuals experienced 
in adjudicating or arbitrating such matters. The Director shall select 
hearing officers on a rotational or random basis from these lists. 
Nothing in this section shall prevent the appointment of hearing 
officers as full-time employees of the Office, or the selection of 
hearing officers on the basis of specialized expertise needed for 
particular matters.
    (d) Hearing.--Unless a complaint is dismissed prior to hearing, a 
hearing shall be conducted--
            (1) on the record by the hearing officer;
            (2) as expeditiously as practical, commencing not later 
        than 90 days after the filing of the complaint; and
            (3) except as specifically provided in this Act and to the 
        greatest extent practicable, in accordance with the principles 
        and procedures set forth in sections 554 through 557 of title 
        5, United States Code.
    (e) Discovery.--Reasonable prehearing discovery may be permitted at 
the discretion of the hearing officer.
    (f) Subpoenas.--
            (1) In general.--At the request of a party, a hearing 
        officer may issue subpoenas for the attendance of witnesses and 
        for the production of correspondence, books, papers, documents, 
        and other records. The attendance of witnesses and the 
        production of records may be required from any place within the 
        United States. Subpoenas shall be served in the manner provided 
        under rule 45(b) of the Federal Rules of Civil Procedure.
            (2) Objections.--If a person refuses, on the basis of 
        relevance, privilege, or other objection, to testify in 
        response to a question or to produce records in connection with 
        a proceeding before a hearing officer, the hearing officer 
        shall rule on the objection. At the request of the witness or 
        any party, the hearing officer shall (or on the hearing 
        officer's own initiative, the hearing officer may) refer the 
        ruling to the Board for review.
            (3) Enforcement.--
                    (A) In general.--If a person fails to comply with a 
                subpoena, the Board may authorize the General Counsel 
                to apply to an appropriate United States district court 
                for an order requiring that person to appear before the 
                hearing officer to give testimony or produce records. 
                The application may be made within the judicial 
                district where the hearing is conducted or where that 
                person is found, resides, or transacts business. Any 
                failure to obey a lawful order of the district court 
                issued pursuant to this section may be held by such 
                court to be a civil contempt thereof.
                    (B) Service of process.--Process in an action or 
                contempt proceeding pursuant to subparagraph (A) may be 
                served in any judicial district in which the person 
                refusing or failing to comply, or threatening to refuse 
                or not to comply, resides, transacts business, or may 
                be found, and subpoenas for witnesses who are required 
                to attend such proceedings may run into any other 
                district.
    (g) Decision.--The hearing officer shall issue a written decision 
as expeditiously as possible, but in no case more than 60 days after 
the conclusion of the hearing. The written decision shall be 
transmitted by the Office to the parties. The decision shall state the 
issues raised in the complaint, describe the evidence in the record, 
contain findings of fact and conclusions of law, contain a 
determination of whether a violation has occurred, and order such 
remedies as are appropriate pursuant to title I. The decision shall be 
entered in the records of the Office as a final decision of the hearing 
officer.
    (h) Precedents.--A hearing officer who conducts a hearing under 
this section shall be guided by judicial decisions under the statutes 
made applicable by title I and by Board decisions under this Act.

SEC. 304. APPEAL TO THE BOARD.

    (a) In General.--In any case in which a final decision by a hearing 
officer is subject to review by the Board, the party seeking such 
review shall file a petition for review not later than 30 days after 
notice of the entry of the decision in the records of the Office under 
section 303(g).
    (b) Parties' Opportunity To Submit Argument.--The parties shall 
have a reasonable opportunity to be heard, through written submission 
and, in the discretion of the Board, through oral argument.
    (c) Standard of Review.--The Board shall set aside a decision of a 
hearing officer if the Board determines that the decision was--
            (1) arbitrary, capricious, an abuse of discretion, or 
        otherwise not consistent with law;
            (2) not made consistent with required procedures; or
            (3) unsupported by substantial evidence.
    (d) Record.--In making determinations under subsection (c), the 
Board shall review the whole record, or those parts of it cited by a 
party, and due account shall be taken of the rule of prejudicial error. 
The record on review shall include the record before the hearing 
officer and the decision of the hearing officer.
    (e) Decision.--The Board shall issue a written decision setting 
forth the reasons for its decision. The decision may affirm, reverse, 
or remand to the hearing officer for further proceedings. A decision 
that does not require further proceedings before a hearing officer 
shall be entered in the records of the Office as a final decision.

SEC. 305. JUDICIAL REVIEW OF A FINAL DECISION AND ENFORCEMENT.

    (a) Jurisdiction.--
            (1) Judicial review.--This section applies to petitions 
        under section 107(5), 108(d)(4), 109(c)(5), 109(c)(6), or 
        110(b)(4) for judicial review of a final decision of the Board 
        in the United States Court of Appeals for the Federal Circuit, 
        which shall have exclusive jurisdiction to set aside, suspend 
        (in whole or in part), to determine the validity of, or 
        otherwise review the decision of the Board.
            (2) Enforcement.--The Court of Appeals for The Federal 
        Circuit shall have jurisdiction over any petition of the 
        General Counsel, filed in the name of the Office and at the 
        direction of the Board, to enforce a final decision under 
        section 303 or 304 with respect to a violation of sections 101 
        through 111.
    (b) Procedures.--
            (1) Petition.--The petition for review shall be filed, 
        pursuant to Rule 15 of the Federal Rules of Appellate 
        Procedure, not later than 90 days after the entry in the Office 
        of a final decision under section 304(e). Such petition shall 
        be subject to Rules 15 through 20 of the Federal Rules of 
        Appellate Procedure, relating to review of administrative 
        orders and the Office shall be the ``agency'' as that term is 
        used in such rules. The petitioner shall attach to the petition 
        as an exhibit a copy of the final decision of the Office 
        entered under section 304(e).
            (2) Respondents.--In any appeal under this section, any 
        party before the Board may be named respondent by filing a 
        notice of election with the Court within 30 days after the 
        petition was served, and the Office shall also be named 
        respondent.
            (3) Intervention.--In any action under this section with 
        respect to an employing office or other office of the Senate or 
        a joint committee of the Congress, the Senate shall be entitled 
        to intervene as of right; and, in any action under this section 
        with respect to an employing office or other office of the 
        House of Representatives or a joint committee of the Congress, 
        the House of Representatives shall be entitled to intervene as 
        of right. Any party that participated in the proceedings before 
        the Board and that was not made respondent may intervene as of 
        right.
    (c) Standard of Review.--To the extent necessary to decision and 
when presented, the court shall decide all relevant questions of law 
and interpret constitutional and statutory provisions. The court shall 
set aside a final decision of the Board under section 304 if it 
determines that the decision was--
            (1) arbitrary, capricious, an abuse of discretion, or 
        otherwise not consistent with law;
            (2) not made consistent with required procedures; or
            (3) unsupported by substantial evidence.
    (d) Record.--In making determinations under subsection (d), the 
court shall review the whole record, or those parts of it cited by a 
party, and due account shall be taken of the rule of prejudicial error. 
The record on review shall include the record before the Board and the 
decision of the Board.

SEC. 306. CIVIL ACTIONS.

    (a) In General.--This section governs all civil actions commenced 
pursuant to section 107(3)(B).
    (b) Parties.--In any such action the defendant shall be the 
employing office alleged to have committed the violation.
    (c) Jury Trial.--Any party may demand a jury trial where a jury 
trial would be available in an action against a private defendant under 
the relevant statute made applicable by this Act. In any case in which 
a violation of section 101 is alleged, the court shall not inform the 
jury of the maximum amount of compensatory damages available under 
section 101(b)(1).
    (d) Intervention of Right.--In any action under this section with 
respect to an employing office or other office of the Senate, the 
Senate shall be entitled to intervene as of right; and, in any action 
under this section with respect to an employing office or other office 
of the House of Representatives, the House of Representatives shall be 
entitled as of right.

SEC. 307. TIME LIMITATIONS.

    (a) Counseling Requests.--A request for counseling shall be made 
not later than--
            (1) 180 days after the date of the alleged violation under 
        provisions of sections 101, 103, 104, 105, or 106 for which the 
        counseling is requested; or
            (2) 2 years after the date of the alleged violation under 
        section 102 for which the counseling is requested, or 3 years 
        after an alleged willful violation under section 102.
    (b) Charges Filed With the General Counsel.--Any charge of a 
violation of section 108(d) or 109(c)(6) must be filed with the General 
Counsel in writing by no later than 180 days after the alleged 
violation.

SEC. 308. SETTLEMENT OF COMPLAINTS.

    Any settlement entered into by the parties after a complaint is 
filed under section 303 or 305 shall be in writing and, in the case of 
a complaint filed under section 303, not become effective unless it is 
approved by the Director. Nothing in this Act shall affect the power of 
the Senate and the House of Representatives, respectively, to establish 
rules governing the process by which a settlement may be entered into 
by such House or by any employing office of such House.

SEC. 309. CONFIDENTIALITY.

    (a) Counseling.--All counseling conducted under this Act shall be 
strictly confidential, except that the Office and the employee may 
agree to notify the head of the employing office of the allegations.
    (b) Mediation.--All mediation conducted under this Act shall be 
strictly confidential.
    (c) Hearings.--Subject to the provisions of subsections (d), (e), 
and (f) the hearings, deliberations, and decisions of hearing officers 
and of the Board and of its officers and employees on complaints, 
charges, proposed citations, and other pleadings under this Act shall 
be strictly confidential.
    (d) Release of Records for Judicial Review and Enforcement of 
Subpoenas.--The complete record of the proceedings before the hearing 
officer and the Board, including their decisions, may be made public 
for the purpose of judicial review under section 305. As much of the 
record of the proceedings before the hearing officer and the Board as 
may be necessary for the purpose of enforcement of a subpoena under 
section 303(f) may be made public for such purpose.
    (e) Release of Final Decision for Fairness to Parties.--Upon the 
application of any party, the Board may disclose the final decision of 
a hearing officer or of the Board upon a showing of good cause and 
fairness to all parties to the proceeding.

SEC. 310. DISCLOSURE TO COMMITTEES OF CONGRESS.

    (a) In General.--The Board--
            (1) may, at its discretion, provide to the Committee on 
        Standards of Official Conduct of the House of Representatives 
        or the Select Committee on Ethics of the Senate; and
            (2) shall, at the request of either of such committees;
provide to such committee the record of a hearing and the decision of 
the hearing officer, and the record of consideration and the decision 
of the Board on appeal, after completion of procedures described in 
sections 303 and 304.
    (b) Confidentiality of Records.--All members and staff of the 
Committee on Standards of Official Conduct of the House of 
Representatives and of the Select Committee on Ethics of the Senate 
shall keep all records and decisions provided under subsection (a) 
strictly confidential, except that this subsection shall not require 
such committee to maintain confidentiality of any record or decision 
that has been made public by the Board pursuant to this Act. Any 
violation of this subsection shall be a violation of the rules of the 
House of Representatives or of the Senate.

SEC. 311. REPRESENTATION.

    (a) Complainant.--A covered employee or other complainant is 
entitled to be assisted by counsel or other representative at any stage 
of any proceeding administered by the Office, including the proceedings 
under sections 301, 302, 303, and 304.
    (b) Employing Offices of the Senate.--The Senate Chief Counsel for 
Employment may represent any employing office of the Senate, with the 
consent of the employing office, in any administrative and judicial 
proceeding under this Act.

                   TITLE IV--MISCELLANEOUS PROVISIONS

SEC. 401. EXERCISE OF RULEMAKING POWERS.

    The provisions of sections 204 (e) and (f), 311(b), 401, and 408 
are enacted--
            (1) as an exercise of the rulemaking power of the House of 
        Representatives and the Senate, respectively, and as such they 
        shall be considered as part of the rules of such House, 
        respectively, and such rules shall supersede other rules only 
        to the extent that they are inconsistent therewith; and
            (2) with full recognition of the constitutional right of 
        either House to change such rules (so far as relating to such 
        House) at any time, in the same manner, and to the same extent 
        as in the case of any other rule of each House.

SEC. 402. SETTLEMENT AND AWARDS RESERVES; AUTHORIZATION OF 
              APPROPRIATIONS.

    (a) For the House of Representatives.--
            (1) Establishment of account.--There is established in the 
        Contingent Fund of the House of Representatives a ``Settlements 
and Awards Reserve'' appropriation account--
                    (A) into which shall be deposited appropriated 
                funds and amounts transferred by the Clerk of the House 
                of Representatives from funds available to the Clerk 
                for disbursement by the Clerk; and
                    (B) that shall be available as provided in 
                paragraph (2).
            (2) Payments.--The appropriation account established by 
        paragraph (1) shall be available for the payment of awards 
        under sections 303 through 306 and agreements under section 
        308.
    (b) For the Senate.--
            (1) Establishment of account.--There is established in the 
        Contingent Fund of the Senate a ``Settlements and Awards 
        Reserve'' appropriation account--
                    (A) into which shall be deposited appropriated 
                funds and amounts transferred by the Secretary of the 
                Senate from funds available to the Secretary for 
                disbursement by the Secretary; and
                    (B) that shall be available as provided in 
                paragraph (2).
            (2) Payments.--The appropriation account established by 
        paragraph (1) shall be available for the payment of awards 
        under sections 303 through 306 and agreements under section 
        308.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary for the purposes of subsections 
(a)(2) and (b)(2), and otherwise for the purposes of payment of awards 
under sections 303 through 306 and agreements under section 308. No 
amounts shall be paid for awards or agreements under this Act out of 
the Claims and Judgment Fund of the Treasury.

SEC. 403. OTHER JUDICIAL REVIEW PROHIBITED.

    Except in proceedings expressly authorized by sections 305 and 306, 
the compliance or noncompliance with the provisions of this Act and any 
action taken pursuant to this Act shall not be subject to judicial 
review.

SEC. 404. PRIVILEGES AND IMMUNITIES.

    (a) In General.--The authorization to bring judicial actions under 
sections 305 and 306 shall not constitute a waiver of sovereign 
immunity for any other purpose, or of the privileges of any Senator or 
Member of the House of Representatives under article I, section 6, 
clause 1, of the Constitution, or a waiver of any power of either the 
Senate or the House of Representatives under the Constitution or under 
the rules of such House relating to records and information within the 
jurisdiction of such House.

SEC. 405. SEVERABILITY.

    If any provision of this Act or the application of such provision 
to any person or circumstance is held to be invalid, the remainder of 
this Act and the application of the provisions of such to any person or 
circumstance shall not be affected thereby.

SEC. 406. POLITICAL AFFILIATION AND PLACE OF RESIDENCE.

    (a) In General.--It shall not be a violation of any provision of 
section 101 to consider the--
            (1) party affiliation;
            (2) domicile; or
            (3) political compatibility with the employing office;
of an employee referred to in subsection (b) with respect to employment 
decisions.
    (b) Definition.--For purposes of subsection (a), the term 
``employee'' means--
            (1) an employee on the staff of the leadership of the House 
        of Representatives or the leadership of the Senate;
            (2) an employee on the staff of a committee or subcommittee 
        of--
                    (A) the House of Representatives;
                    (B) the Senate; or
                    (C) a joint committee of the Congress;
            (3) an employee on the staff of a Member of the House of 
        Representatives or on the staff of a Senator;
            (4) an officer of the House of Representatives or the 
        Senate or a congressional employee who is elected by the House 
        of Representatives or Senate or is appointed by a Member of the 
        House of Representatives or by a Senator (in addition an 
        employee described in paragraph (1), (2), or (3)); or
            (5) an applicant for a position that is to be occupied by 
        an individual described in any of paragraphs (1) through (4).

SEC. 407. NONDISCRIMINATION RULES OF THE HOUSE AND SENATE.

    The Select Committee on Ethics of the Senate and the Committee on 
Standards of Official Conduct of the House of Representatives retain 
full power, in accordance with the authority provided to them by the 
Senate and the House, with respect to the discipline of Members, 
officers, and employees for violating rules of the Senate and the House 
on nondiscrimination in employment.

SEC. 408. EXPEDITED REVIEW OF CERTAIN APPEALS.

    (a) In General.--An appeal may be taken directly to the Supreme 
Court of the United States from any interlocutory or final judgment, 
decree, or order of a court upon the constitutionality of any provision 
of this Act.
    (b) Jurisdiction.--The Supreme Court shall, if it has not 
previously ruled on the question, accept jurisdiction over the appeal 
referred to in paragraph (1), advance the appeal on the docket and 
expedite the appeal to the greatest extent possible.

SEC. 409. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) Civil Rights Remedies.--
            (1) Sections 301 and 302 of the Government Employee Rights 
        Act of 1991 (2 U.S.C. 1201 and 1202) are amended to read as 
        follows:

``SEC. 301. GOVERNMENT EMPLOYEE RIGHTS ACT OF 1991.

    ``(a) Short Title.--This title may be cited as the `Government 
Employee Rights Act of 1991'.
    ``(b) Purpose.--The purpose of this title is to provide procedures 
to protect the rights of certain government employees, with respect to 
their public employment, to be free of discrimination on the basis of 
race, color, religion, sex, national origin, age, or disability.
    ``(c) Definition.--For purposes of this title, the term `violation' 
means a practice that violates section 302(a) of this title.

``SEC. 302. DISCRIMINATORY PRACTICES PROHIBITED.

    ``(a) Practices.--All personnel actions affecting the appointees 
described in section 303(a)(1) or the individuals described in section 
304(a) shall be made free from any discrimination based on--
            ``(1) race, color, religion, sex, or national origin, 
        within the meaning of section 717 of the Civil Rights Act of 
        1964 (42 U.S.C. 2000e-16);
            ``(2) age, within the meaning of section 15 of the Age 
        Discrimination in Employment Act of 1967 (29 U.S.C. 633a); or
            ``(3) handicap or disability, within the meaning of section 
        501 of the Rehabilitation Act of 1973 (29 U.S.C. 791) and 
        sections 102 through 104 of the Americans with Disabilities Act 
        of 1990 (42 U.S.C. 12112-14).
    ``(b) Remedies.--The remedies referred to in sections 303(a)(1) and 
304(a)--
            ``(1) may include, in the case of a determination that a 
        violation of subsection (a)(1) has occurred, such remedies as 
        would be appropriate if awarded under sections 706(g), 706(k), 
        and 717(d) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-
        5(g), 2000e-5(k), 2000e-16(d)), and such compensatory damages 
        (not exceeding, for each complaining party, and irrespective of 
        the size of the employing office or agency involved, the 
        maximum amount available under section 1977A(b)(3)(D) of the 
        Revised Statutes (42 U.S.C. 1981a(b)(3)(D)) as would be 
        appropriate if awarded under section 1977 and sections 1977(A) 
        (a) and (b)(2) of the Revised Statutes (42 U.S.C. 1981 and 
        1981a (a) and (b)(2));
            ``(2) may include, in the case of a determination that a 
        violation of subsection (a)(2) has occurred, such remedies as 
        would be appropriate if awarded under section 15(c) of the Age 
        Discrimination in Employment Act of 1967 (29 U.S.C. 633a(c));
            ``(3) may include, in the case of a determination that a 
        violation of subsection (a)(3) has occurred, such remedies as 
        would be appropriate if awarded under section 505(a) of the 
        Rehabilitation Act of 1973 (29 U.S.C. 794a(a)(1)) or section 
        107 of the Americans with Disabilities Act of 1990 (42 U.S.C. 
        12117(a)); and
            ``(4) may not include punitive damages.''.
            (2) Sections 303 through 319, and sections 322, 324, and 
        325 of the Civil Rights Act of 1991 (2 U.S.C. 1203--1218, 1221, 
        1223, and 1224) are repealed effective October 1, 1995, except 
        as provided in section 411.
            (3) Sections 320 and 321 of the Civil Rights Act of 1991 (2 
        U.S.C. 1219 and 1220) are redesignated as sections 303 and 304, 
        respectively.
            (4) Sections 303 and 304 of the Civil Rights Act of 1991, 
        as so redesignated, are each amended by striking ``and 307(h) 
        of this title''.
            (5) Section 1205 of the Supplemental Appropriations Act of 
        1993 (2 U.S.C. 1207a) is repealed effective October 1, 1995, 
        except as provided in section 411.
    (b) Family and Medical Leave Act of 1993.--Section 501 of the 
Family and Medical Leave Act of 1993 (2 U.S.C. 60m) is repealed 
effective October 1, 1995, except as provided in section 411.
    (c) Architect of the Capitol.--
            (1) Repeal.--Section 312(e) of the Architect of the Capitol 
        Human Resources Act (Public Law 103-283; 108 Stat. 1444) is 
        repealed effective October 1, 1995, except as provided in 
        section 411.
            (2) Application of general accounting office personnel act 
        of 1980.--The provisions of sections 751, 753, and 755 of title 
        31, United States Code, amended by section 312(e) of the 
        Architect of the Capitol Human Resources Act, shall be applied 
        and administered as if such section 312(e) (and the amendments 
        made by such section) had not been enacted.

SEC. 410. SAVINGS PROVISION.

    (a) Transition Provisions for Employees of the House of 
Representatives and of the Senate.--
            (1) Claims not filed prior to effective date.--If, as of 
        the date on which sections 101 and 102 take effect, an employee 
        could have initiated a request for counseling under section 305 
        of the Government Employees Rights Act (2 U.S.C. 1205) or rule 
        LI of the House of Representatives, the employee may, on or 
        after the date on which sections 101 and 102 take effect, 
        request counseling pursuant to section 107(1), and seek relief 
        pursuant to section 107. Such a request for counseling must be 
        initiated on or before the last day on which a request for 
        counseling could have been made, in the case of an employee of 
        the Senate, under section 305 of the Government Employees 
        Rights Act or section 501(d) of the Family and Medical Leave 
        Act of 1993, or, in the case of an employee of the House of 
        Representatives, under rule LI of the House of Representatives, 
        had those provisions remained in effect. If the Office is not 
        yet established to receive such a request for counseling, the 
        time for initiating such a request shall be extended until 30 
        days after the Office begins accepting such requests. All 
        procedures and remedies under this Act with respect to alleged 
        violations under section 101, except for civil actions under 
        section 107(3)(B), shall be available to the same extent as if 
        such alleged violations had occurred on or after the date on 
        which sections 101 and 102 take effect.
            (2) Claims filed prior to effective date.--If, as of the 
        date on which sections 101 and 102 take effect, an employee to 
        whom those sections apply--
                    (A) has requested counseling pursuant to the 
                Government Employees Rights Act of 1991 or rule LI of 
                the House of Representatives--
                            (i) if the counseling period has not 
                        ended--
                                    (I) the authority of such Act or 
                                rule shall continue with respect to 
                                that request for counseling, until the 
                                end of the counseling period; and
                                    (II) if the employee completes the 
                                counseling, the employee shall be 
                                deemed to have complied with the 
                                requirements of section 301, and any 
                                further proceedings shall be under this 
                                Act, except that the right to bring a 
                                civil action under section 107(3)(B) 
                                shall not be available; and
                            (ii) if the counseling period has ended and 
                        the employee would otherwise have been eligible 
                        to request mediation pursuant to the Government 
                        Employee Rights Act of 1991 or rule LI of the 
                        House of Representatives, the employee shall be 
                        deemed to have complied with the requirements 
                        of section 301, and any further proceedings 
                        shall be under this Act;
                    (B) has requested mediation pursuant to the 
                Government Employee Rights Act of 1991 or rule LI of 
                the House of Representatives--
                            (i) if the mediation period has not ended--
                                    (I) the authority of such Act shall 
                                continue with respect to the request 
                                for mediation, until the end of the 
                                mediation period; and
                                    (II) if the employee completes the 
                                mediation, the employee shall be deemed 
                                to have complied with the requirements 
                                of section 302, and any further 
                                proceedings shall be under this Act, 
                                except that the right to bring a civil 
                                action under section 107(3)(B) shall 
                                not be available; and
                            (ii) if the mediation period has ended and 
                        the employee would otherwise have been eligible 
                        to file a complaint pursuant to the Government 
                        Employee Rights Act of 1991 or rule LI of the 
                        House of Representatives, the employee shall be 
                        deemed to have complied with the requirements 
                        of section 302, and any further proceedings 
                        shall be under this Act; or
                    (C) has filed a complaint pursuant to the 
                Government Employee Rights Act of 1991 or rule LI of 
                the House of Representatives, the authority of such Act 
                or rule shall continue with respect to that complaint 
                until the conclusion of all proceedings authorized 
                under such Act or rule.
    (c) Architect of the Capitol Transition Provisions.--
            (1) Claims not filed prior to effective date.--If, as of 
        the date on which section 101 takes effect, an employee of the 
        Architect of the Capitol could have filed a complaint regarding 
        an alleged violation of section 312(e)(2) of the Architect of 
        the Capitol Human Resources Act (P.L. 103-323) with the 
        Architect of the Capitol in accordance with requirements 
        prescribed by the Architect of the Capitol, the employee may 
        request counseling pursuant to section 107(1), and seek relief 
        pursuant to section 107. Such a request for counseling must be 
        initiated on or before the latest of--
                    (A) 60 days following the date on which section 101 
                takes effect;
                    (B) 30 days after the Office begins accepting such 
                requests; or
                    (C) 180 days after the date of the alleged 
                violation forming the basis of the request for 
                counseling.
        All procedures and remedies under this Act with respect to 
        alleged violations under section 101, except for civil actions 
        under section 107(3)(B), shall be available to the same extent 
        as if such alleged violations had occurred on or after the date 
        on which section 101 takes effect.
            (2) Complaints filed with the architect prior to effective 
        date.--If, on the date on which section 101 takes effect, an 
        employee of the Architect of the Capitol has filed a complaint 
        with the Architect of the Capitol alleging a violation of 
        section 312(e)(2) of the Architect of the Capitol Human 
        Resources Act, but the employee has not yet filed a charge with 
        the General Accounting Office Personnel Appeals Board and the 
        time for filing such a charge has not expired, the employee 
        may, within the later of 30 days after the date on which 
        section 101 takes effect or 30 days after the date on which the 
        Office first begins accepting such requests, file a request for 
        counseling request counseling pursuant to section 107(1), and 
        seek relief pursuant to section 107. All procedures and 
        remedies under this Act with respect to alleged violations 
        under section 101, except for civil actions under section 
        107(3)(B), shall be available to the same extent as if such 
        alleged violations had occurred on or after the date on which 
        section 101 takes effect.
            (3) Complaints filed with the gao personnel appeals board 
        prior to effective date.--If, as of the date on which section 
        101 takes effect, an employee of the Architect of the Capitol 
        has filed a charge with the General Accounting Office Personnel 
        Appeals Board pursuant to section 312(e)(3)(A) of the Architect 
        of the Capitol Human Resources Act (P.L. 103-283), then, 
        notwithstanding any other provision of this Act, the authority 
        of the Architect of the Capitol Human Resources Act, and of the 
        General Accounting Office Personnel Act of 1980 as amended by 
        the Architect of the Capitol Human Resources Act of 1994 shall 
        continue with respect to that charge until the conclusion of 
        all proceedings authorized under such Acts, including judicial 
        review.

                  DIVISION B--LOBBYING AND GIFT REFORM

SEC. 1100. TABLE OF CONTENTS.

    The table of contents for this division is as follows:

                  DIVISION B--LOBBYING AND GIFT REFORM

Sec. 1100. Table of contents.
                        TITLE I--LOBBYING REFORM

Sec. 1101. Short title.
Sec. 1102. Findings.
Sec. 1103. Definitions.
Sec. 1104. Registration of lobbyists.
Sec. 1105. Reports by registered lobbyists.
Sec. 1106. Prohibition on gifts by lobbyists, lobbying firms, and 
                            agents of foreign principals.
Sec. 1107. Office of Lobbying Registration and Public Disclosure.
Sec. 1108. Initial procedure for alleged violations.
Sec. 1109. Determinations of violations.
Sec. 1110. Disclosure of information; written decisions.
Sec. 1111. Judicial review.
Sec. 1112. Rules of construction.
Sec. 1113. Amendments to the Foreign Agents Registration Act.
Sec. 1114. Amendments to the Byrd amendment.
Sec. 1115. Repeal of certain lobbying provisions.
Sec. 1116. Conforming amendments to other statutes.
Sec. 1117. Severability.
Sec. 1118. Authorization of appropriations.
Sec. 1119. Identification of clients and covered officials.
Sec. 1120. Transitional filing requirement.
Sec. 1121. Estimates based on tax reporting system.
Sec. 1122. Effective dates and interim rules.
                  TITLE II--CONGRESSIONAL GIFT REFORM

Sec. 1201. Amendments to Senate rules.
Sec. 1202. Amendments to House rules.
Sec. 1203. Miscellaneous provisions.
Sec. 1204. Exercise of congressional rulemaking powers.
Sec. 1205. Effective date.

                        TITLE I--LOBBYING REFORM

SEC. 1101. SHORT TITLE.

    This title may be cited as the ``Lobbying Disclosure Act of 1995''.

SEC. 1102. FINDINGS.

    The Congress finds that--
            (1) responsible representative Government requires public 
        awareness of the efforts of paid lobbyists to influence the 
        public decisionmaking process in both the legislative and 
        executive branches of the Federal Government;
            (2) existing lobbying disclosure statutes have been 
        ineffective because of unclear statutory language, weak 
        administrative and enforcement provisions, and an absence of 
        clear guidance as to who is required to register and what they 
        are required to disclose; and
            (3) the effective public disclosure of the identity and 
        extent of the efforts of paid lobbyists to influence Federal 
        officials in the conduct of Government actions will increase 
        public confidence in the integrity of Government.

SEC. 1103. DEFINITIONS.

    As used in this title:
            (1) Agency.--The term ``agency'' has the meaning given that 
        term in section 551(1) of title 5, United States Code.
            (2) Client.--The term ``client'' means any person or entity 
        that employs or retains another person for financial or other 
        compensation to conduct lobbying activities on behalf of that 
        person or entity. A person or entity whose employees act as 
        lobbyists on its own behalf is both a client and an employer of 
        such employees. In the case of a coalition or association that 
        employs or retains other persons to conduct lobbying 
        activities, the client is the coalition or association and not 
        its individual members.
            (3) Covered executive branch official.--The term ``covered 
        executive branch official'' means--
                    (A) the President;
                    (B) the Vice President;
                    (C) any officer or employee, or any other 
                individual functioning in the capacity of such an 
                officer or employee, in the Executive Office of the 
                President;
                    (D) any officer or employee serving in a position 
                in level I, II, III, IV, or V of the Executive 
                Schedule, as designated by statute or Executive order;
                    (E) any officer or employee serving in a Senior 
                Executive Service position, as defined in section 
                3132(a)(2) of title 5, United States Code;
                    (F) any member of the uniformed services whose pay 
                grade is at or above O-7 under section 201 of title 37, 
                United States Code; and
                    (G) any officer or employee serving in a position 
                of a confidential, policy-determining, policy-making, 
                or policy-advocating character described in section 
                7511(b)(2) of title 5, United States Code.
            (4) Covered legislative branch official.--The term 
        ``covered legislative branch official'' means--
                    (A) a Member of Congress;
                    (B) an elected officer of either House of Congress;
                    (C) any employee of, or any other individual 
                functioning in the capacity of an employee of--
                            (i) a Member of Congress;
                            (ii) a committee of either House of 
                        Congress;
                            (iii) the leadership staff of the House of 
                        Representatives or the leadership staff of the 
                        Senate;
                            (iv) a joint committee of Congress; and
                            (v) a working group or caucus organized to 
                        provide legislative services or other 
                        assistance to Members of Congress; and
                    (D) any other legislative branch employee serving 
                in a position described under section 109(13) of the 
                Ethics in Government Act of 1978 (5 U.S.C. App.).
            (5) Director.--The term ``Director'' means the Director of 
        the Office of Lobbying Registration and Public Disclosure.
            (6) Employee.--The term ``employee'' means any individual 
        who is an officer, employee, partner, director, or proprietor 
        of a person or entity, but does not include--
                    (A) independent contractors; or
                    (B) volunteers who receive no financial or other 
                compensation from the person or entity for their 
                services.
            (7) Foreign entity.--The term ``foreign entity'' means a 
        foreign principal (as defined in section 1(b) of the Foreign 
        Agents Registration Act of 1938 (22 U.S.C. 611(b)).
            (8) Lobbying activities.--The term ``lobbying activities'' 
        means lobbying contacts and efforts in support of such 
        contacts, including preparation and planning activities, 
        research and other background work that is intended, at the 
        time it is performed, for use in contacts, and coordination 
        with the lobbying activities of others. Lobbying activities 
        also include efforts to stimulate grassroots lobbying, as 
        described in section 4911(d)(1)(A) of the Internal Revenue Code 
        of 1986, to the extent that such communications are made in 
        support of a lobbying contact by a registered lobbyist. A 
        communication in support of a lobbying contact is a lobbying 
        activity even if the communication is excluded from the 
        definition of ``lobbying contact'' under paragraph (9)(B).
            (9) Lobbying contact.--
                    (A) Definition.--The term ``lobbying contact'' 
                means any oral or written communication (including an 
                electronic communication) to a covered executive branch 
                official or a covered legislative branch official that 
                is made on behalf of a client with regard to--
                            (i) the formulation, modification, or 
                        adoption of Federal legislation (including 
                        legislative proposals);
                            (ii) the formulation, modification, or 
                        adoption of a Federal rule, regulation, 
                        Executive order, or any other program, policy, 
                        or position of the United States Government;
                            (iii) the administration or execution of a 
                        Federal program or policy (including the 
                        negotiation, award, or administration of a 
                        Federal contract, grant, loan, permit, or 
                        license), except that this clause does not 
                        include communications that are made to any 
                        covered executive branch official--
                                    (I) who is serving in a Senior 
                                Executive Service position described in 
                                paragraph (3)(E); or
                                    (II) who is a member of the 
                                uniformed services whose pay grade is 
                                lower than O-9 under section 201 of 
                                title 37, United States Code,
                        in the agency responsible for taking such 
                        administrative or executive action; or
                            (iv) the nomination or confirmation of a 
                        person for a position subject to confirmation 
                        by the Senate.
                    (B) Exceptions.--The term ``lobbying contact'' does 
                not include a communication that is--
                            (i) made by a public official acting in the 
                        public official's official capacity;
                            (ii) made by a representative of a media 
                        organization if the purpose of the 
                        communication is gathering and disseminating 
                        news and information to the public;
                            (iii) made in a speech, article, 
                        publication or other material that is widely 
                        distributed to the public, or through radio, 
                        television, cable television, or other medium 
                        of mass communication;
                            (iv) made on behalf of a government of a 
                        foreign country or a foreign political party 
                        and disclosed under the Foreign Agents 
                        Registration Act of 1938 (22 U.S.C. 611 et 
                        seq.);
                            (v) a request for a meeting, a request for 
                        the status of an action, or any other similar 
                        administrative request, if the request does not 
                        include an attempt to influence a covered 
                        executive branch official or a covered 
                        legislative branch official;
                            (vi) made in the course of participation in 
                        an advisory committee subject to the Federal 
                        Advisory Committee Act;
                            (vii) testimony given before a committee, 
                        subcommittee, or task force of the Congress, or 
                        submitted for inclusion in the public record of 
                        a hearing conducted by such committee, 
                        subcommittee, or task force;
                            (viii) information provided in writing in 
                        response to a written request by a covered 
                        executive branch official or a covered 
                        legislative branch official for specific 
                        information;
                            (ix) required by subpoena, civil 
                        investigative demand, or otherwise compelled by 
                        statute, regulation, or other action of the 
                        Congress or an agency;
                            (x) made in response to a notice in the 
                        Federal Register, Commerce Business Daily, or 
                        other similar publication soliciting 
                        communications from the public and directed to 
                        the agency official specifically designated in 
                        the notice to receive such communications;
                            (xi) not possible to report without 
                        disclosing information, the unauthorized 
                        disclosure of which is prohibited by law;
                            (xii) made to an official in an agency with 
                        regard to--
                                    (I) a judicial proceeding or a 
                                criminal or civil law enforcement 
                                inquiry, investigation, or proceeding; 
                                or
                                    (II) a filing or proceeding that 
                                the Government is specifically required 
                                by statute or regulation to maintain or 
                                conduct on a confidential basis,
                        if that agency is charged with responsibility 
                        for such proceeding, inquiry, investigation, or 
                        filing;
                            (xiii) made in compliance with written 
                        agency procedures regarding an adjudication 
                        conducted by the agency under section 554 of 
                        title 5, United States Code, or substantially 
                        similar provisions;
                            (xiv) a written comment filed in the course 
                        of a public proceeding or any other 
                        communication that is made on the record in a 
                        public proceeding;
                            (xv) a petition for agency action made in 
                        writing and required to be a matter of public 
                        record pursuant to established agency 
                        procedures;
                            (xvi) made on behalf of an individual with 
                        regard to that individual's benefits, 
                        employment, or other personal matters involving 
                        only that individual, except that this clause 
                        does not apply to any communication with--
                                    (I) a covered executive branch 
                                official, or
                                    (II) a covered legislative branch 
                                official (other than the individual's 
                                elected Members of Congress or 
                                employees who work under such Members' 
                                direct supervision),
                        with respect to the formulation, modification, 
                        or adoption of private legislation for the 
                        relief of that individual;
                            (xvii) a disclosure by an individual that 
                        is protected under the amendments made by the 
                        Whistleblower Protection Act of 1989, under the 
                        Inspector General Act of 1978, or under another 
                        provision of law;
                            (xviii) made by--
                                    (I) a church, its integrated 
                                auxiliary, or a convention or 
                                association of churches that is exempt 
                                from filing a Federal income tax return 
                                under paragraph 2(A)(i) of section 
                                6033(a) of the Internal Revenue Code of 
                                1986, or
                                    (II) a religious order that is 
                                exempt from filing a Federal income tax 
                                return under paragraph (2)(A)(iii) of 
                                such section 6033(a); and
                            (xix) between--
                                    (I) officials of a self-regulatory 
                                organization (as defined in section 
                                3(a)(26) of the Securities Exchange 
                                Act) that is registered with or 
                                established by the Securities and 
                                Exchange Commission as required by that 
                                Act or a similar organization that is 
                                designated by or registered with the 
                                Commodities Future Trading Commission 
                                as provided under the Commodity 
                                Exchange Act; and
                                    (II) the Securities and Exchange 
                                Commission or the Commodities Future 
                                Trading Commission, respectively;
                        relating to the regulatory responsibilities of 
                        such organization under that Act.
            (10) Lobbying firm.--The term ``lobbying firm'' means a 
        person or entity that has 1 or more employees who are lobbyists 
        on behalf of a client other than that person or entity. The 
        term also includes a self-employed individual who is a 
        lobbyist.
            (11) Lobbyist.--The term ``lobbyist'' means any individual 
        who is employed or retained by a client for financial or other 
        compensation for services that include 1 or more lobbying 
        contacts, other than an individual whose lobbying activities 
        constitute less than 10 percent of the time engaged in the 
        services provided by such individual to that client.
            (12) Media organization.--The term ``media organization'' 
        means a person or entity engaged in disseminating information 
        to the general public through a newspaper, magazine, other 
        publication, radio, television, cable television, or other 
        medium of mass communication.
            (13) Member of congress.--The term ``Member of Congress'' 
        means a Senator or a Representative in, or Delegate or Resident 
        Commissioner to, the Congress.
            (14) Organization.--The term ``organization'' means a 
        person or entity other than an individual.
            (15) Person or entity.--The term ``person or entity'' means 
        any individual, corporation, company, foundation, association, 
        labor organization, firm, partnership, society, joint stock 
        company, group of organizations, or State or local government.
            (16) Public official.--The term ``public official'' means 
        any elected official, appointed official, or employee of--
                    (A) a Federal, State, or local unit of government 
                in the United States other than--
                            (i) a college or university;
                            (ii) a government-sponsored enterprise (as 
                        defined in section 3(8) of the Congressional 
                        Budget and Impoundment Control Act of 1974);
                            (iii) a public utility that provides gas, 
                        electricity, water, or communications;
                            (iv) a guaranty agency (as defined in 
                        section 435(j) of the Higher Education Act of 
                        1965 (20 U.S.C. 1085(j))), including any 
                        affiliate of such an agency; or
                            (v) an agency of any State functioning as a 
                        student loan secondary market pursuant to 
                        section 435(d)(1)(F) of the Higher Education 
                        Act of 1965 (20 U.S.C. 1085(d)(1)(F));
                    (B) a Government corporation (as defined in section 
                9101 of title 31, United States Code);
                    (C) an organization of State or local elected or 
                appointed officials other than officials of an entity 
                described in clause (i), (ii), (iii), (iv), or (v) of 
                subparagraph (A);
                    (D) an Indian tribe (as defined in section 4(e) of 
                the Indian Self-Determination and Education Assistance 
                Act (25 U.S.C. 450b(e));
                    (E) a national or State political party or any 
                organizational unit thereof; or
                    (F) a national, regional, or local unit of any 
                foreign government.
            (17) State.--The term ``State'' means each of the several 
        States, the District of Columbia, and any commonwealth, 
        territory, or possession of the United States.

SEC. 1104. REGISTRATION OF LOBBYISTS.

    (a) Registration.--
            (1) General rule.--No later than 30 days after a lobbyist 
        first makes a lobbying contact or is employed or retained to 
        make a lobbying contact, whichever is earlier, such lobbyist 
        (or, as provided under paragraph (2), the organization 
        employing such lobbyist), shall register with the Office of 
        Lobbying Registration and Public Disclosure.
            (2) Employer filing.--Any organization that has 1 or more 
        employees who are lobbyists shall file a single registration 
        under this section on behalf of such employees for each client 
        on whose behalf the employees act as lobbyists.
            (3) Exemption.--
                    (A) General rule.--Notwithstanding paragraphs (1) 
                and (2), a person or entity whose--
                            (i) total income for matters related to 
                        lobbying activities on behalf of a particular 
                        client (in the case of a lobbying firm) does 
                        not exceed and is not expected to exceed 
                        $2,500; or
                            (ii) total expenses in connection with 
                        lobbying activities (in the case of an 
                        organization whose employees engage in lobbying 
                        activities on its own behalf) do not exceed or 
                        are not expected to exceed $5,000,
                (as estimated under section 1105) in the semiannual 
                period described in section 1105(a) during which the 
                registration would be made is not required to register 
                under subsection (a) with respect to such client.
                    (B) Adjustment.--The dollar amounts in subparagraph 
                (A) shall be adjusted--
                            (i) on January 1, 1997, to reflect changes 
                        in the Consumer Price Index (as determined by 
                        the Secretary of Labor) since the date of 
                        enactment of this title; and
                            (ii) on January 1 of each fourth year 
                        occurring after January 1, 1997, to reflect 
                        changes in the Consumer Price Index (as 
                        determined by the Secretary of Labor) during 
                        the preceding 4-year period,
                rounded to the nearest $500.
    (b) Contents of Registration.--Each registration under this section 
shall be in such form as the Director shall prescribe by regulation and 
shall contain--
            (1) the name, address, business telephone number, and 
        principal place of business of the registrant, and a general 
        description of its business or activities;
            (2) the name, address, and principal place of business of 
        the registrant's client, and a general description of its 
        business or activities (if different from paragraph (1));
            (3) the name, address, and principal place of business of 
        any organization, other than the client, that--
                    (A) contributes more than $5,000 toward the 
                lobbying activities of the registrant in a semiannual 
                period described in section 1105(a); and
                    (B) participates significantly in the planning, 
                supervision, or control of such lobbying activities;
            (4) the name, address, principal place of business, amount 
        of any contribution of more than $5,000 to the lobbying 
        activities of the registrant, and approximate percentage of 
        equitable ownership in the client (if any) of any foreign 
        entity that--
                    (A) holds at least 20 percent equitable ownership 
                in the client or any organization identified under 
                paragraph (3);
                    (B) directly or indirectly, in whole or in major 
                part, plans, supervises, controls, directs, finances, 
                or subsidizes the activities of the client or any 
                organization identified under paragraph (3); or
                    (C) is an affiliate of the client or any 
                organization identified under paragraph (3) and has a 
                direct interest in the outcome of the lobbying 
                activity;
            (5) a statement of--
                    (A) the general issue areas in which the registrant 
                expects to engage in lobbying activities on behalf of 
                the client; and
                    (B) to the extent practicable, specific issues that 
                have (as of the date of the registration) already been 
                addressed or are likely to be addressed in lobbying 
                activities; and
            (6) the name of each employee of the registrant who has 
        acted or whom the registrant expects to act as a lobbyist on 
        behalf of the client and, if any such employee has served as a 
        covered executive branch official or a covered legislative 
        branch official in the 2 years before the date on which such 
        employee first acted (after the date of enactment of this Act) 
        as a lobbyist on behalf of the client, the position in which 
        such employee served.
    (c) Guidelines for Registration.--
            (1) Multiple clients.--In the case of a registrant making 
        lobbying contacts on behalf of more than 1 client, a separate 
        registration under this section shall be filed for each such 
        client.
            (2) Multiple contacts.--A registrant who makes more than 1 
        lobbying contact for the same client shall file a single 
        registration covering all such lobbying contacts.
    (d) Termination of Registration.--A registrant who after 
registration--
            (1) is no longer employed or retained by a client to 
        conduct lobbying activities, and
            (2) does not anticipate any additional lobbying activities 
        for such client,
may so notify the Director and terminate its registration.

SEC. 1105. REPORTS BY REGISTERED LOBBYISTS.

    (a) Semiannual Report.--
            (1) In general.--No later than 30 days after the end of the 
        semiannual period beginning on the first day of each January 
        and the first day of July of each year in which a registrant is 
        registered under section 1104, each registrant shall file a 
        report with the Office of Lobbying Registration and Public 
        Disclosure on its lobbying activities during such semiannual 
        period. A separate report shall be filed for each client of the 
        registrant.
            (2) Exemption.--
                    (A) General rule.--Any registrant whose--
                            (i) total income for a particular client 
                        for matters that are related to lobbying 
                        activities on behalf of that client (in the 
                        case of a lobbying firm), does not exceed and 
                        is not expected to exceed $2,500; or
                            (ii) total expenses in connection with 
                        lobbying activities (in the case of a 
                        registrant whose employees engage in lobbying 
                        activities on its own behalf) do not exceed and 
                        are not expected to exceed $5,000,
                in a semiannual period (as estimated under paragraph 
                (3) or (4) of subsection (b) or paragraph (4) of 
                subsection (c), as applicable) is deemed to be inactive 
                during such period and may comply with the reporting 
                requirements of this section by so notifying the 
                Director in such form as the Director may prescribe.
                    (B) Adjustment.--The dollar amounts in subparagraph 
                (A) shall be adjusted as provided in section 
                1104(a)(3)(B).
    (b) Contents of Report.--Each semiannual report filed under 
subsection (a) shall be in such form as the Director shall prescribe by 
regulation and shall contain--
            (1) the name of the registrant, the name of the client, and 
        any changes or updates to the information provided in the 
        initial registration;
            (2) for each general issue area in which the registrant 
        engaged in lobbying activities on behalf of the client during 
        the semiannual filing period--
                    (A) a list of the specific issues upon which a 
                lobbyist employed by the registrant engaged in lobbying 
                activities, including, to the maximum extent 
                practicable, a list of bill numbers and references to 
                specific regulatory actions, programs, projects, 
                contracts, grants, and loans;
                    (B) a statement of the Houses and committees of 
                Congress and the Federal agencies contacted by 
                lobbyists employed by the registrant on behalf of the 
                client;
                    (C) a list of the employees of the registrant who 
                acted as lobbyists on behalf of the client; and
                    (D) a description of the interest, if any, of any 
                foreign entity identified under section 1104(b)(4) in 
                the specific issues listed under subparagraph (A).
            (3) in the case of a lobbying firm, a good faith estimate 
        of the total amount of all income from the client (including 
        any payments to the registrant by any other person for lobbying 
        activities on behalf of the client) during the semiannual 
        period, other than income for matters that are unrelated to 
        lobbying activities; and
            (4) in the case of a registrant engaged in lobbying 
        activities on its own behalf, a good faith estimate of the 
        total expenses that the registrant and its employees incurred 
        in connection with lobbying activities during the semiannual 
        filing period.
    (c) Estimates of Income or Expenses.--For purposes of this section, 
estimates of income or expenses shall be made as follows:
            (1) $100,000 or less.--Income or expenses of $100,000 or 
        less shall be estimated in accordance with the following 
        categories:
                    (A) $10,000 or less.
                    (B) More than $10,000 but not more than $20,000.
                    (C) More than $20,000 but not more than $50,000.
                    (D) More than $50,000 but not more than $100,000.
            (2) More than $100,000 but not more than $500,000.--Income 
        or expenses in excess of $100,000 but not more than $500,000 
        shall be estimated and rounded to the nearest $50,000.
            (3) More than $500,000.--Income or expenses in excess of 
        $500,000 shall be estimated and rounded to the nearest 
        $100,000.
            (4) Construction.--In estimating total income or expenses 
        under this section, a registrant is not required to include--
                    (A) the value of contributed services for which no 
                payment is made; or
                    (B) the expenses for services provided by an 
                independent contractor of the registrant who is 
                separately registered under this title.
    (d)  Contacts.--
            (1) Contacts with committees.--For purposes of subsection 
        (b)(2), any contact with a member of a committee of Congress, 
        an employee of a committee of Congress, or an employee of a 
        member of a committee of Congress regarding a matter within the 
        jurisdiction of such committee shall be considered to be a 
        contact with the committee.
            (2) Contacts with house of congress.--For purposes of 
        subsection (b)(2), any contact with a Member of Congress or an 
        employee of a Member of Congress regarding a matter that is not 
        within the jurisdiction of a committee of Congress of which 
        that Member is a member shall be considered to be a contact 
        with the House of Congress of that Member.
            (3) Contacts with federal agencies.--For purposes of 
        subsection (b)(2), any contact with a covered executive branch 
        official shall be considered to be a contact with the Federal 
        agency that employs that official, except that a contact with a 
        covered executive branch official who is detailed to another 
        Federal agency or to the Congress shall be considered to be a 
        contact with the Federal agency or with the committee of 
        Congress or House of Congress to which the official is 
        detailed.
    (e) Extension for Filing.--The Director may grant an extension of 
time of not more than 30 days for the filing of any report under this 
section, upon the request of the registrant, for good cause shown.

SEC. 1106. PROHIBITION ON GIFTS BY LOBBYISTS, LOBBYING FIRMS, AND 
              AGENTS OF FOREIGN PRINCIPALS.

    (a) In General.--
            (1) Prohibition.--No lobbyist or lobbying firm registered 
        under this title and no agent of a foreign principal registered 
        under the Foreign Agents Registration Act may provide a gift, 
        directly or indirectly, to any covered legislative branch 
        official.
            (2) Definition.--For purposes of this section--
                    (A) the term ``gift'' means any gratuity, favor, 
                discount, entertainment, hospitality, loan, 
                forbearance, or other item having monetary value and 
                such term includes gifts of services, training, 
                transportation, lodging, and meals, whether provided in 
                kind, by purchase of a ticket, payment in advance, or 
                reimbursement after the expense has been incurred; and
                    (B) a gift to the spouse or dependent of a covered 
                legislative branch official (or a gift to any other 
                individual based on that individual's relationship with 
                the covered legislative branch official) shall be 
                considered a gift to the covered legislative branch 
                official if it is given with the knowledge and 
                acquiescence of the covered legislative branch official 
                and is given because of the official position of the 
                covered legislative branch official.
    (b) Gifts.--The prohibition in subsection (a) includes the 
following:
            (1) Anything provided by a lobbyist or a foreign agent 
        which is paid for, charged to, or reimbursed by a client or 
        firm of such lobbyist or foreign agent.
            (2) Anything provided by a lobbyist, a lobbying firm, or a 
        foreign agent to an entity that is maintained or controlled by 
        a covered legislative branch official.
            (3) A charitable contribution (as defined in section 170(c) 
        of the Internal Revenue Code of 1986) made by a lobbyist, a 
        lobbying firm, or a foreign agent on the basis of a 
        designation, recommendation, or other specification of a 
        covered legislative branch official (not including a mass 
        mailing or other solicitation directed to a broad category of 
        persons or entities).
            (4) A contribution or other payment by a lobbyist, a 
        lobbying firm, or a foreign agent to a legal expense fund 
        established for the benefit of a covered legislative branch 
official or a covered executive branch official.
            (5) A charitable contribution (as defined in section 170(c) 
        of the Internal Revenue Code of 1986) made by a lobbyist, a 
        lobbying firm, or a foreign agent in lieu of an honorarium to a 
        covered legislative branch official.
            (6) A financial contribution or expenditure made by a 
        lobbyist, a lobbying firm, or a foreign agent relating to a 
        conference, retreat, or similar event, sponsored by or 
        affiliated with an official congressional organization, for or 
        on behalf of covered legislative branch officials.
    (c) Not Gifts.--The following are not gifts subject to the 
prohibition in subsection (a):
            (1) Anything for which the recipient pays the market value, 
        or does not use and promptly returns to the donor.
            (2) A contribution, as defined in the Federal Election 
        Campaign Act of 1971 (2 U.S.C. 431 et seq.) that is lawfully 
        made under that Act, or attendance at a fundraising event 
        sponsored by a political organization described in section 
        527(e) of the Internal Revenue Code of 1986.
            (3) Food or refreshments of nominal value offered other 
        than as part of a meal.
            (4) Benefits resulting from the business, employment, or 
        other outside activities of the spouse of a covered legislative 
        branch official, if such benefits are customarily provided to 
        others in similar circumstances.
            (5) Pension and other benefits resulting from continued 
        participation in an employee welfare and benefits plan 
        maintained by a former employer.
            (6) Informational materials that are sent to the office of 
        a covered legislative branch official in the form of books, 
        articles, periodicals, other written materials, audiotapes, 
        videotapes, or other forms of communication.
    (d) Gifts Given for a Nonbusiness Purpose and Motivated by Family 
Relationship or Close Personal Friendship.--
            (1) In general.--A gift given by an individual under 
        circumstances which make it clear that the gift is given for a 
        nonbusiness purpose and is motivated by a family relationship 
        or close personal friendship and not by the position of the 
        covered legislative branch official shall not be subject to the 
        prohibition in subsection (a).
            (2) Nonbusiness purpose.--A gift shall not be considered to 
        be given for a nonbusiness purpose if the individual giving the 
        gift seeks--
                    (A) to deduct the value of such gift as a business 
                expense on the individual's Federal income tax return, 
                or
                    (B) direct or indirect reimbursement or any other 
                compensation for the value of the gift from a client or 
                employer of such lobbyist or foreign agent.
            (3) Family relationship or close personal friendship.--In 
        determining if the giving of a gift is motivated by a family 
        relationship or close personal friendship, at least the 
        following factors shall be considered:
                    (A) The history of the relationship between the 
                individual giving the gift and the recipient of the 
                gift, including whether or not gifts have previously 
                been exchanged by such individuals.
                    (B) Whether the gift was purchased by the 
                individual who gave the item.
                    (C) Whether the individual who gave the gift also 
                at the same time gave the same or similar gifts to 
                other covered legislative branch officials.

SEC. 1107. OFFICE OF LOBBYING REGISTRATION AND PUBLIC DISCLOSURE.

    (a) Establishment and Director.--
            (1) Establishment.--There is established an executive 
        agency to be known as the Office of Lobbying Registration and 
        Public Disclosure.
            (2) Director.--(A) The Office shall be headed by a 
        Director, who shall be appointed by the President, by and with 
        the advice and consent of the Senate.
            (B) The Director shall be an individual who, by 
        demonstrated ability, background, training, and experience, is 
        qualified to carry out the functions of the position. The term 
        of service of the Director shall be 5 years. The Director may 
        be removed for cause.
            (C) Section 5316 of title 5, United States Code, is amended 
        by adding at the end the following: ``Director of the Office of 
        Lobbying Registration and Public Disclosure''.
    (b) Administrative Powers.--The Director may--
            (1) appoint officers and employees, including attorneys, in 
        accordance with chapter 51 and subchapter III of chapter 53 of 
        title 5, United States Code, define their duties and 
        responsibilities, and direct and supervise their activities;
            (2) contract for financial and administrative services 
        (including those related to budget and accounting, financial 
        reporting, personnel, and procurement) with the General 
        Services Administration, or such Federal agency as the Director 
        determines appropriate, for which payment shall be made in 
        advance or by reimbursement from funds of the Office in such 
        amounts as may be agreed upon by the Director and the head of 
        the agency providing such services, but the contract authority 
        under this paragraph shall be effective for any fiscal year 
        only to the extent that appropriations are available for that 
        purpose;
            (3) request the head of any Federal department or agency 
        (who is hereby so authorized) to detail to temporary duties 
        with the Office such personnel within the agency head's 
        administrative jurisdiction as the Office may need for carrying 
        out its functions under this title, with or without 
        reimbursement;
            (4) request agency heads to provide information needed by 
        the Office, which information shall be supplied to the extent 
        permitted by law;
            (5) utilize, with their consent, the services and 
        facilities of Federal agencies with or without reimbursement;
            (6) accept, use, and dispose of gifts or donations of 
        services or property, real, personal, or mixed, tangible or 
        intangible, for purposes of aiding or facilitating the work of 
        the Office; and
            (7) use the United States mails in the same manner and 
        under the same conditions as other departments and agencies of 
        the United States.
    (c) Cooperation With Other Governmental Agencies.--In order to 
avoid unnecessary expense and duplication of function among Government 
agencies, the Office may make such arrangements or agreements for 
cooperation or mutual assistance in the performance of its functions 
under this title as is practicable and consistent with law. The head of 
the General Services Administration and each department, agency, or 
establishment of the United States shall cooperate with the Office and, 
to the extent permitted by law, provide such information, services, 
personnel, and facilities as the Office may request for its assistance 
in the performance of its functions under this title.
    (d) Duties.--The Director shall--
            (1) after notice and a reasonable opportunity for public 
        comment, and consultation with the Secretary of the Senate, the 
        Clerk of the House of Representatives, and the Administrative 
        Conference of the United States, prescribe such regulations, 
        penalty guidelines, and forms as are necessary to carry out 
        this title;
            (2) provide guidance and assistance on the registration and 
        reporting requirements of this title, including--
                    (A) providing information to all registrants at the 
                time of registration about the obligations of 
                registered lobbyists under this title, and
                    (B) issuing published decisions and advisory 
                opinions;
            (3) review the registrations and reports filed under this 
        title and make such verifications or inquiries as are necessary 
        to ensure the completeness, accuracy, and timeliness of the 
        registrations and reports;
            (4) develop filing, coding, and cross-indexing systems to 
        carry out the purposes of this title, including--
                    (A) a publicly available list of all registered 
                lobbyists and their clients; and
                    (B) computerized systems designed to minimize the 
                burden of filing and maximize public access to 
                materials filed under this title;
            (5) ensure that the computer systems developed pursuant to 
        paragraph (4)--
                    (A) allow the materials filed under this title to 
                be accessed by the client name, lobbyist name, and 
                registrant name;
                    (B) are compatible with computer systems developed 
                and maintained by the Federal Election Commission, and 
                that information filed in the two systems can be 
                readily cross-referenced; and
                    (C) are compatible with computer systems developed 
                and maintained by the Secretary of the Senate and the 
                Clerk of the House of Representatives;
            (6) make copies of each registration and report filed under 
        this title available to the public, upon the payment of 
        reasonable fees, not to exceed the cost of such copies, as 
        determined by the Director, in written and electronic formats, 
        as soon as practicable after the date on which such 
        registration or report is received;
            (7) preserve the originals or accurate reproduction of--
                    (A) registrations filed under this title for a 
                period that ends not less than 3 years after the 
                termination of the registration under section 1104(d); 
                and
                    (B) reports filed under this title for a period 
                that ends not less than 3 years after the date on which 
                the report is received;
            (8) maintain a computer record of--
                    (A) the information contained in registrations for 
                a period that ends not less than 5 years after the 
                termination of the registration under section 1104(d); 
                and
                    (B) the information contained in reports filed 
                under this title for a period that ends not less than 5 
                years after the date on which the reports are received;
            (9) compile and summarize, with respect to each semiannual 
        period, the information contained in registrations and reports 
        filed with respect to such period in a manner which clearly 
        presents the extent and nature of expenditures on lobbying 
        activities during such period;
            (10) make information compiled and summarized under 
        paragraph (9) available to the public in electronic and hard 
        copy formats as soon as practicable after the close of each 
        semiannual filing period;
            (11) provide, by computer telecommunication or other 
        transmittal in a form accessible by computer, to the Secretary 
        of the Senate and the Clerk of the House of Representatives 
        copies of all registrations and reports received under sections 
        1104 and 1105 and all compilations, cross-indexes, and 
        summaries of such registrations and reports, as soon as 
        practicable (but not later than 3 working days) after such 
        material is received or created;
            (12) make available to the public a list of all persons 
        whom the Director determines, under section 1109 (after 
        exhaustion of all appeals under section 1111) to have committed 
        a major or minor violation of this title and submit such list 
        to the Congress as part of the report provided for under 
        paragraph (13);
            (13) make available to the public upon request and transmit 
        to the President, the Secretary of the Senate, the Clerk of the 
        House of Representatives, the Committee on Governmental Affairs 
        of the Senate, and the Committee on the Judiciary of the House 
        of Representatives a report, not later than March 31 of each 
        year, describing the activities of the Office and the 
        implementation of this title, including--
                    (A) a financial statement for the preceding fiscal 
                year;
                    (B) a summary of the registrations and reports 
                filed with the Office with respect to the preceding 
                calendar year;
                    (C) a summary of the registrations and reports 
                filed on behalf of foreign entities with respect to the 
                preceding calendar year; and
                    (D) recommendations for such legislative or other 
                action as the Director considers appropriate; and
            (14) study the appropriateness of the definition of 
        ``public official'' under section 1103(17) and make 
        recommendations for any change in such definition in the first 
        report filed pursuant to paragraph (13).

SEC. 1108. INITIAL PROCEDURE FOR ALLEGED VIOLATIONS.

    (a) Allegation of a Violation.--Whenever the Office of Lobbying 
Registration and Public Disclosure has reason to believe that a person 
or entity may be in violation of the requirements of this title, the 
Director shall notify the person or entity in writing of the nature of 
the alleged violation and provide an opportunity for the person or 
entity to respond in writing to the allegation within 30 days after the 
notification is sent or such longer period as the Director may 
determine appropriate in the circumstances.
    (b) Initial Determination.--
            (1) In general.--If the person or entity responds within 
        the period described in the notification under subsection (a), 
        the Director shall--
                    (A) issue a written determination that the person 
                or entity has not violated this title if the person or 
                entity provides adequate information or explanation to 
                make such determination; or
                    (B) make a formal request for information under 
                subsection (c) or a notification under section 1109(a), 
                if the information or explanation provided is not 
                adequate to make a determination under subparagraph 
                (A).
            (2) Written decision.--If the Director makes a 
        determination under paragraph (1)(A), the Director shall issue 
        a public written decision in accordance with section 1110.
    (c) Formal Request for Information.--If a person or entity fails to 
respond in writing within the period described in the notification 
under subsection (a) or the response is not adequate to determine 
whether such person or entity has violated this title, the Director may 
make a formal request for specific additional written information 
(subject to applicable privileges) that is reasonably necessary for the 
Director to make such determination. Each such request shall be 
structured to minimize any burden imposed, consistent with the need to 
determine whether the person or entity is in compliance with this 
title, and shall--
            (1) state the nature of the conduct constituting the 
        alleged violation which is the basis for the inquiry and the 
        provision of law applicable thereto;
            (2) describe the class or classes of material to be 
        produced pursuant to the request with such definiteness and 
        certainty as to permit such material to be readily identified; 
        and
            (3) prescribe a return date or dates which provide a 
        reasonable period of time within which the person or entity may 
        assemble and make available for inspection and copying or 
        reproduction the material so requested.

SEC. 1109. DETERMINATIONS OF VIOLATIONS.

    (a) Notification and Hearing.--If the information provided to the 
Director under section 1108 indicates that a person or entity may have 
violated this title, the Director shall--
            (1) notify the person or entity in writing of this finding 
        and, if appropriate, a proposed penalty assessment and provide 
        such person or entity with an opportunity to respond in writing 
        within 30 days after the notice is sent; and
            (2) if requested in writing by that person or entity within 
        that 30-day period, afford the person or entity an opportunity 
        for a hearing on the record under the provisions of section 554 
        of title 5, United States Code.
    (b) Determination.--Upon the receipt of a written response under 
subsection (a)(1) when no hearing under subsection (a)(2) is requested, 
upon the completion of a hearing requested under subsection (a)(2), or 
upon the expiration of 30 days in a case in which no such written 
response is received, the Director shall review the information 
received under section 1108 and this section (including evidence 
presented at any such hearing) and make a final determination whether 
there was a violation and a final determination of the penalty, if any. 
If no written response was received under this section within the 30-
day period provided, the determination and penalty assessment shall 
constitute a final order not subject to appeal.
    (c) Written Decision.--
            (1) Determination of violation.--If the Director makes a 
        final determination under subsection (b) that there was a 
        violation, the Director shall issue a written decision in 
        accordance with section 1110--
                    (A) directing the person or entity to correct the 
                violation; and
                    (B) assessing a civil monetary penalty--
                            (i) in the case of a minor violation, which 
                        shall be no more than $10,000, depending on the 
                        extent and gravity of the violation;
                            (ii) in the case of a major violation, 
                        which shall be more than $10,000, but no more 
                        than $100,000, depending on the extent and 
                        gravity of the violation;
                            (iii) in the case of a late registration or 
                        filing, which shall be $200 for each week by 
                        which the registration or filing was late, 
                        unless the Director determines that the failure 
                        to timely register or file constitutes a major 
                        violation (as defined under subsection (e)(2)) 
                        in which case the amount shall be as prescribed 
                        by clause (ii); or
                            (iv) in the case of a failure to provide 
                        information requested by the Director pursuant 
                        to section 1108(c), which shall be no more than 
                        $10,000, depending on the extent and gravity of 
                        the violation, except that no penalty shall be 
                        assessed if the Director determines that the 
                        violation was the result of a good faith 
                        dispute over the validity or appropriate scope 
                        of a request for information.
            (2) Determination of no violation or insufficient 
        evidence.--If the Director determines that no violation 
        occurred or there was not sufficient evidence that a violation 
        occurred, the Director shall issue a written decision in 
        accordance with section 1110.
    (d) Civil Injunctive Relief.--If a person or entity fails to comply 
with a directive to correct a violation under subsection (c), the 
Director shall refer the case to the Attorney General to seek civil 
injunctive relief in the appropriate court of the United States to 
compel such person or entity to comply with such directive.
    (e) Penalty Assessments.--
            (1) General rule.--No penalty shall be assessed under this 
        section unless the Director finds that the person or entity 
        subject to the penalty knew or should have known that such 
        person or entity was in violation of this title. In determining 
        the amount of a penalty to be assessed, the Director shall take 
        into account the totality of the circumstances, including the 
        extent and gravity of the violation, whether the violation was 
        voluntarily admitted and corrected, the extent to which the 
        person or entity may have profited from the violation, the 
        ability of the person or entity to pay, and such other matters 
        as justice may require.
            (2) Regulations.--Regulations prescribed by the Director 
        under section 1107 shall define major and minor violations. 
        Major violations shall be defined to include a failure to 
        register and any other violation that is extensive or repeated, 
        if the person or entity who failed to register or committed 
        such other violation--
                    (A) had actual knowledge that the conduct 
                constituted a violation;
                    (B) acted in deliberate ignorance of the provisions 
                of this title or regulations related to the conduct 
                constituting a violation; or
                    (C) acted in reckless disregard of the provisions 
                of this title or regulations related to the conduct 
                constituting a violation.
    (f) Limitation.--No proceeding shall be initiated under section 
1108 or this section unless the Director notifies the person or entity 
who is to be the subject of the proceeding of the alleged violation 
within 3 years after the date on which the alleged violation occurred.

SEC. 1110. DISCLOSURE OF INFORMATION; WRITTEN DECISIONS.

    (a) Disclosure of Information.--Information provided to the 
Director pursuant to sections 1108 and 1109 shall not be made available 
to the public without the consent of the person or entity providing the 
information, except to the extent that such information may be included 
in--
            (1) a new or amended report or registration filed under 
        this title; or
            (2) a written decision issued by the Director under this 
        section.
    (b) Written Decisions.--All written decisions issued by the 
Director under sections 1108 and 1109 shall be made available to the 
public. The Director may provide for the publication of a written 
decision if the Director determines that publication would provide 
useful guidance. Before making a written decision public, the 
Director--
            (1) shall delete information that would identify a person 
        or entity who was alleged to have violated this title if--
                    (A) there was insufficient evidence to determine 
                that the person or entity violated this title or the 
                Director found that person or entity did not violate 
                this title, and
                    (B) the person or entity so requests; and
            (2) shall delete information that would identify any other 
        person or entity (other than a person or entity who was found 
        to have violated this title), if the Director determines that 
        such person or entity could reasonably be expected to be 
        injured by the disclosure of such information.

SEC. 1111. JUDICIAL REVIEW.

    (a) Final Decision.--A written decision issued by the Director 
under section 1109 shall become final 60 days after the date on which 
the Director provides notice of the decision, unless such decision is 
appealed under subsection (b) of this section.
    (b) Appeal.--Any person or entity adversely affected by a written 
decision issued by the Director under section 1109 may appeal such 
decision, except as provided under section 1109(b), to the appropriate 
United States court of appeals. Such review may be obtained by filing a 
written notice of appeal in such court no later than 60 days after the 
date on which the Director provides notice of the Director's decision 
and by simultaneously sending a copy of such notice of appeal to the 
Director. The Director shall file in such court the record upon which 
the decision was issued, as provided under section 2112 of title 28, 
United States Code. The findings of fact of the Director shall be 
conclusive, unless found to be unsupported by substantial evidence, as 
provided under section 706(2)(E) of title 5, United States Code. Any 
penalty assessed or other action taken in the decision shall be stayed 
during the pendency of the appeal.
    (c) Recovery of Penalty.--Any penalty assessed in a written 
decision which has become final under this title may be recovered in a 
civil action brought by the Attorney General in an appropriate United 
States district court. In any such action, no matter that was raised or 
that could have been raised before the Director or pursuant to judicial 
review under subsection (b) may be raised as a defense, and the 
determination of liability and the determination of amounts of 
penalties and assessments shall not be subject to review.

SEC. 1112. RULES OF CONSTRUCTION.

    (a) Constitutional Rights.--Nothing in this title shall be 
construed to prohibit or interfere with--
            (1) the right to petition the government for the redress of 
        grievances;
            (2) the right to express a personal opinion; or
            (3) the right of association,
protected by the first amendment to the Constitution.
    (b) Prohibition of Activities.--Nothing in this title shall be 
construed to prohibit, or to authorize the Director or any court to 
prohibit, lobbying activities or lobbying contacts by any person or 
entity, regardless of whether such person or entity is in compliance 
with the requirements of this title.
    (c) Audit and Investigations.--Nothing in this title shall be 
construed to grant general audit or investigative authority to the 
Director.

SEC. 1113. AMENDMENTS TO THE FOREIGN AGENTS REGISTRATION ACT.

    The Foreign Agents Registration Act of 1938 (22 U.S.C. 611 et seq.) 
is amended--
            (1) in section 1--
                    (A) by striking subsection (j);
                    (B) in subsection (o) by striking ``the 
                dissemination of political propaganda and any other 
                activity which the person engaging therein believes 
                will, or which he intends to, prevail upon, 
                indoctrinate, convert, induce, persuade, or in any 
                other way influence'' and inserting ``any activity that 
                the person engaging in believes will, or that the 
                person intends to, in any way influence'';
                    (C) in subsection (p) by striking the semicolon and 
                inserting a period; and
                    (D) by striking subsection (q);
            (2) in section 3(g) (22 U.S.C. 613(g)), by striking 
        ``established agency proceedings, whether formal or informal.'' 
        and inserting ``judicial proceedings, criminal or civil law 
        enforcement inquiries, investigations, or proceedings, or 
        agency proceedings required by statute or regulation to be 
        conducted on the record.'';
            (3) in section 3 (22 U.S.C. 613) by adding at the end the 
        following:
    ``(h) Any agent of a person described in section 1(b)(2) or an 
entity described in section 1(b)(3) if the agent is required to 
register and does register under the Lobbying Disclosure Act of 1994 in 
connection with the agent's representation of such person or entity.'';
            (4) in section 4(a) (22 U.S.C. 614(a))--
                    (A) by striking ``political propaganda'' and 
                inserting ``informational materials''; and
                    (B) by striking ``and a statement, duly signed by 
                or on behalf of such an agent, setting forth full 
                information as to the places, times, and extent of such 
                transmittal'';
            (5) in section 4(b) (22 U.S.C. 614(b))--
                    (A) in the matter preceding clause (i), by striking 
                ``political propaganda'' and inserting ``informational 
                materials''; and
                    (B) by striking ``(i) in the form of prints, or'' 
                and all that follows through the end of the subsection 
                and inserting ``without placing in such informational 
                materials a conspicuous statement that the materials 
                are distributed by the agent on behalf of the foreign 
                principal, and that additional information is on file 
                with the Department of Justice, Washington, District of 
                Columbia. The Attorney General may by rule define what 
                constitutes a conspicuous statement for the purposes of 
                this subsection.'';
            (6) in section 4(c) (22 U.S.C. 614(c)), by striking 
        ``political propaganda'' and inserting ``informational 
        materials'';
            (7) in section 6 (22 U.S.C. 616)--
                    (A) in subsection (a) by striking ``and all 
                statements concerning the distribution of political 
                propaganda'';
                    (B) in subsection (b) by striking ``, and one copy 
                of every item of political propaganda''; and
                    (C) in subsection (c) by striking ``copies of 
                political propaganda,'';
            (8) in section 8 (22 U.S.C. 618)--
                    (A) in subsection (a)(2) by striking ``or in any 
                statement under section 4(a) hereof concerning the 
                distribution of political propaganda''; and
                    (B) by striking subsection (d); and
            (9) in section 11 (22 U.S.C. 621) by striking ``, including 
        the nature, sources, and content of political propaganda 
        disseminated or distributed''.

SEC. 1114. AMENDMENTS TO THE BYRD AMENDMENT.

    (a) Revised Certification Requirements.--Section 1352(b) of title 
31, United States Code, is amended--
            (1) in paragraph (2) by striking subparagraphs (A), (B), 
        and (C) and inserting the following:
                    ``(A) the name of any registrant under the Lobbying 
                Disclosure Act of 1994 who has made lobbying contacts 
                on behalf of the person with respect to that Federal 
                contract, grant, loan, or cooperative agreement; and
                    ``(B) a certification that the person making the 
                declaration has not made, and will not make, any 
                payment prohibited by subsection (a).'';
            (2) in paragraph (3) by striking all that follows ``loan 
        shall contain'' and inserting ``the name of any registrant 
        under the Lobbying Disclosure Act of 1994 who has made lobbying 
        contacts on behalf of the person in connection with that loan 
        insurance or guarantee.''; and
            (3) by striking paragraph (6) and redesignating paragraph 
        (7) as paragraph (6).
    (b) Removal of Obsolete Reporting Requirement.--Section 1352 of 
title 31, United States Code, is further amended--
            (1) by striking subsection (d); and
            (2) by redesignating subsections (e), (f), (g), and (h) as 
        subsections (d), (e), (f), and (g), respectively.

SEC. 1115. REPEAL OF CERTAIN LOBBYING PROVISIONS.

    (a) Repeal of the Federal Regulation of Lobbying Act.--The Federal 
Regulation of Lobbying Act (2 U.S.C. 261 et seq.) is repealed.
    (b) Repeal of Provisions Relating to Housing Lobbyist Activities.--
            (1) Section 13 of the Department of Housing and Urban 
        Development Act (42 U.S.C. 3537b) is repealed.
            (2) Section 536(d) of the Housing Act of 1949 (42 U.S.C. 
        1490p(d)) is repealed.

SEC. 1116. CONFORMING AMENDMENTS TO OTHER STATUTES.

    (a) Amendment to Competitiveness Policy Council Act.--Section 
5206(e) of the Competitiveness Policy Council Act (15 U.S.C. 4804(e)) 
is amended by inserting ``or a lobbyist for a foreign entity (as the 
terms `lobbyist' and `foreign entity' are defined under section 1103 of 
the Lobbying Disclosure Act of 1994)'' after ``an agent for a foreign 
principal''.
    (b) Amendments to Title 18, United States Code.--Section 219(a) of 
title 18, United States Code, is amended--
            (1) by inserting ``or a lobbyist required to register under 
        the Lobbying Disclosure Act of 1994 in connection with the 
        representation of a foreign entity, as defined in section 
        1103(7) of that Act'' after ``an agent of a foreign principal 
        required to register under the Foreign Agents Registration Act 
        of 1938''; and
            (2) by striking out ``, as amended,''.
    (c) Amendment to Foreign Service Act of 1980.--Section 602(c) of 
the Foreign Service Act of 1980 (22 U.S.C. 4002(c)) is amended by 
inserting ``or a lobbyist for a foreign entity (as defined in section 
1103(7) of the Lobbying Disclosure Act of 1994)'' after ``an agent of a 
foreign principal (as defined by section 1(b) of the Foreign Agents 
Registration Act of 1938)''.

SEC. 1117. SEVERABILITY.

    If any provision of this title, or the application thereof, is held 
invalid, the validity of the remainder of this title and the 
application of such provision to other persons and circumstances shall 
not be affected thereby.

SEC. 1118. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated for fiscal years 1995, 
1996, 1997, 1998, and 1999 such sums as may be necessary to carry out 
this title.

SEC. 1119. IDENTIFICATION OF CLIENTS AND COVERED OFFICIALS.

    (a) Oral Lobbying Contacts.--Any person or entity that makes an 
oral lobbying contact with a covered legislative branch official or a 
covered executive branch official shall, on the request of the official 
at the time of the lobbying contact--
            (1) state whether the person or entity is registered under 
        this title and identify the client on whose behalf the lobbying 
        contact is made; and
            (2) state whether such client is a foreign entity and 
        identify any foreign entity required to be disclosed under 
        section 1104(b)(4) that has a direct interest in the outcome of 
        the lobbying activity.
    (b) Written Lobbying Contacts.--Any person or entity registered 
under this title that makes a written lobbying contact (including an 
electronic communication) with a covered legislative branch official or 
a covered executive branch official shall--
            (1) if the client on whose behalf the lobbying contact was 
        made is a foreign entity, identify such client, state that the 
        client is considered a foreign entity under this title, and 
        state whether the person making the lobbying contact is 
        registered on behalf of that client under section 1104; and
            (2) identify any other foreign entity identified pursuant 
        to section 1104(b)(4) that has a direct interest in the outcome 
        of the lobbying activity.
    (c) Identification as Covered Official.--Upon request by a person 
or entity making a lobbying contact, the individual who is contacted or 
the office employing that individual shall indicate whether or not the 
individual is a covered legislative branch official or a covered 
executive branch official.

SEC. 1120. TRANSITIONAL FILING REQUIREMENT.

    (a) Simultaneous Filing.--Subject to subsection (b), each 
registrant shall transmit simultaneously to the Secretary of the Senate 
and the Clerk of the House of Representatives an identical copy of each 
registration and report required to be filed under this title.
    (b) Sunset Provision.--The simultaneous filing requirement under 
subsection (a) shall be effective until such time as the Director, in 
consultation with the Secretary of the Senate and the Clerk of the 
House of Representatives, determines that the Office of Lobbying 
Registration and Public Disclosure is able to provide computer 
telecommunication or other transmittal of registrations and reports as 
required under section 1107(b)(11).
    (c) Implementation.--The Director, the Secretary of the Senate, and 
the Clerk of the House of Representatives shall take such actions as 
necessary to ensure that the Office of Lobbying Registration and Public 
Disclosure is able to provide computer telecommunication or other 
transmittal of registrations and reports as required under section 
1107(b)(11) on the effective date of this title, or as soon thereafter 
as reasonably practicable.

SEC. 1121. ESTIMATES BASED ON TAX REPORTING SYSTEM.

    (a) Entities Covered by Section 6033(b) of the Internal Revenue 
Code of 1986.--A registrant that is required to report and does report 
lobbying expenditures pursuant to section 6033(b)(8) of the Internal 
Revenue Code of 1986 may--
            (1) make a good faith estimate (by category of dollar 
        value) of applicable amounts that would be required to be 
        disclosed under such section for the appropriate semiannual 
        period to meet the requirements of sections 1104(a)(3), 
        1105(a)(2), and 1105(b)(4); and
            (2) in lieu of using the definition of ``lobbying 
        activities'' in section 1103(8) of this title, consider as 
        lobbying activities only those activities that are influencing 
        legislation as defined in section 4911(d) of the Internal 
        Revenue Code of 1986.
    (b) Entities Covered by Section 162(e) of the Internal Revenue Code 
of 1986.--A registrant that is required to account for lobbying 
expenditures and does account for lobbying expenditures pursuant to 
section 162(e) of the Internal Revenue Code of 1986 may--
            (1) make a good faith estimate (by category of dollar 
        value) of applicable amounts that would not be deductible 
        pursuant to such section for the appropriate semiannual period 
        to meet the requirements of sections 1104(a)(3), 1105(a)(2), 
        and 1105(b)(4); and
            (2) in lieu of using the definition of ``lobbying 
        activities'' in section 1103(8) of this title, consider as 
        lobbying activities only those activities, the costs of which 
        are not deductible pursuant to section 162(e) of the Internal 
        Revenue Code of 1986.
    (c) Disclosure of Estimate.--Any registrant that elects to make 
estimates required by this title under the procedures authorized by 
subsection (a) or (b) for reporting or threshold purposes shall--
            (1) inform the Director that the registrant has elected to 
        make its estimates under such procedures; and
            (2) make all such estimates, in a given calendar year, 
        under such procedures.
    (d) Study.--Not later than March 31, 1997, the Comptroller General 
of the United States shall review reporting by registrants under 
subsections (a) and (b) and report to the Congress--
            (1) the differences between the definition of ``lobbying 
        activities'' in section 1103(8) and the definitions of 
        ``lobbying expenditures'', ``influencing legislation'', and 
        related terms in sections 162(e) and 4911 of the Internal 
        Revenue Code of 1986, as each are implemented by regulations;
            (2) the impact that any such differences may have on filing 
        and reporting under this title pursuant to this subsection; and
            (3) any changes to this title or to the appropriate 
        sections of the Internal Revenue Code of 1986 that the 
        Comptroller General may recommend to harmonize the definitions.

SEC. 1122. EFFECTIVE DATES AND INTERIM RULES.

    (a) In General.--Except as otherwise provided in this section, this 
title and the amendments made by this title shall take effect January 
1, 1996.
    (b) Effective Date of Gift Prohibition.--Section 1106 shall take 
effect on January 3, 1995. Beginning on that date, and for the 
remainder of calendar year 1995, such section shall apply to any gift 
provided by a lobbyist or an agent of a foreign principal registered 
under the Federal Regulation of Lobbying Act or the Foreign Agents 
Registration Act, including any person registered under such Acts as of 
July 1, 1994, or thereafter.
    (c) Establishment of Office.--Sections 1107 and 1118 shall take 
effect on the date of enactment of this Act.
    (d) Repeals and Amendments.--The repeals and amendments made under 
sections 1113, 1114, 1115, and 1116 shall take effect as provided under 
subsection (a), except that such repeals and amendments--
            (1) shall not affect any proceeding or suit commenced 
        before the effective date under subsection (a), and in all such 
        proceedings or suits, proceedings shall be had, appeals taken, 
        and judgments rendered in the same manner and with the same 
        effect as if this title had not been enacted; and
            (2) shall not affect the requirements of Federal agencies 
        to compile, publish, and retain information filed or received 
        before the effective date of such repeals and amendments.
    (e) Regulations.--Proposed regulations required to implement this 
title shall be published for public comment no later than 270 days 
after the date of the enactment of this Act. No later than 1 year after 
the date of the enactment of this Act, final regulations required to 
implement this title shall be published.
    (f) Phase-In Period.--No penalty shall be assessed by the Director 
under section 1109(e) for a violation of this title, other than for a 
violation of section 1106, which occurs during the first semiannual 
reporting period under section 1105 after the effective date prescribed 
by subsection (a).
    (g) Interim Director.--Within 30 days after the date of the 
enactment of this Act, the President shall designate an interim 
Director of the Office of Lobbying Registration and Public Disclosure, 
who shall serve at the pleasure of the President until a Director of 
such Office has been nominated by the President and confirmed by the 
Senate. The interim Director may not promulgate final regulations 
pursuant to section 1107(d) or initiate procedures for alleged 
violations pursuant to section 1108.

                  TITLE II--CONGRESSIONAL GIFT REFORM

SEC. 1201. AMENDMENTS TO SENATE RULES.

    Rule XXXV of the Standing Rules of the Senate is amended to read as 
follows:
    ``1. No Member, officer, or employee of the Senate shall accept a 
gift, knowing that such gift is provided by a registered lobbyist, a 
lobbying firm, or an agent of a foreign principal in violation of the 
Lobbying Disclosure Act of 1994.
    ``2. (a) In addition to the restriction on receiving gifts from 
registered lobbyists, lobbying firms, and agents of foreign principals 
provided by paragraph 1 and except as provided in this Rule, no Member, 
officer, or employee of the Senate shall knowingly accept a gift from 
any other person.
    ``(b)(1) For the purpose of this Rule, the term `gift' means any 
gratuity, favor, discount, entertainment, hospitality, loan, 
forbearance, or other item having monetary value. The term includes 
gifts of services, training, transportation, lodging, and meals, 
whether provided in kind, by purchase of a ticket, payment in advance, 
or reimbursement after the expense has been incurred.
    ``(2) A gift to the spouse or dependent of a Member, officer, or 
employee (or a gift to any other individual based on that individual's 
relationship with the Member, officer, or employee) shall be considered 
a gift to the Member, officer, or employee if it is given with the 
knowledge and acquiescence of the Member, officer, or employee and the 
Member, officer, or employee has reason to believe the gift was given 
because of the official position of the Member, officer, or employee.
    ``(c) The restrictions in subparagraph (a) shall not apply to the 
following:
            ``(1) Anything for which the Member, officer, or employee 
        pays the market value, or does not use and promptly returns to 
        the donor.
            ``(2) A contribution, as defined in the Federal Election 
        Campaign Act of 1971 (2 U.S.C. 431 et seq.) that is lawfully 
        made under that Act, or attendance at a fundraising event 
        sponsored by a political organization described in section 
        527(e) of the Internal Revenue Code of 1986.
            ``(3) Anything provided by an individual on the basis of a 
        personal or family relationship unless the Member, officer, or 
        employee has reason to believe that, under the circumstances, 
        the gift was provided because of the official position of the 
        Member, officer, or employee and not because of the personal or 
        family relationship. The Select Committee on Ethics shall 
        provide guidance on the applicability of this clause and 
        examples of circumstances under which a gift may be accepted 
        under this exception.
            ``(4) A contribution or other payment to a legal expense 
        fund established for the benefit of a Member, officer, or 
        employee, that is otherwise lawfully made, if the person making 
        the contribution or payment is identified for the Select 
        Committee on Ethics.
            ``(5) Any food or refreshments which the recipient 
        reasonably believes to have a value of less than $20.
            ``(6) Any gift from another Member, officer, or employee of 
        the Senate or the House of Representatives.
            ``(7) Food, refreshments, lodging, and other benefits--
                    ``(A) resulting from the outside business or 
                employment activities (or other outside activities that 
                are not connected to the duties of the Member, officer, 
                or employee as an officeholder) of the Member, officer, 
                or employee, or the spouse of the Member, officer, or 
                employee, if such benefits have not been offered or 
                enhanced because of the official position of the 
                Member, officer, or employee and are customarily 
                provided to others in similar circumstances;
                    ``(B) customarily provided by a prospective 
                employer in connection with bona fide employment 
                discussions; or
                    ``(C) provided by a political organization 
                described in section 527(e) of the Internal Revenue 
                Code of 1986 in connection with a fundraising or 
                campaign event sponsored by such an organization.
            ``(8) Pension and other benefits resulting from continued 
        participation in an employee welfare and benefits plan 
        maintained by a former employer.
            ``(9) Informational materials that are sent to the office 
        of the Member, officer, or employee in the form of books, 
        articles, periodicals, other written materials, audiotapes, 
        videotapes, or other forms of communication.
            ``(10) Awards or prizes which are given to competitors in 
        contests or events open to the public, including random 
        drawings.
            ``(11) Honorary degrees (and associated travel, food, 
        refreshments, and entertainment) and other bona fide, 
        nonmonetary awards presented in recognition of public service 
        (and associated food, refreshments, and entertainment provided 
        in the presentation of such degrees and awards).
            ``(12) Donations of products from the State that the Member 
        represents that are intended primarily for promotional 
        purposes, such as display or free distribution, and are of 
        minimal value to any individual recipient.
            ``(13) Food, refreshments, and entertainment provided to a 
        Member or an employee of a Member in the Member's home State, 
        subject to reasonable limitations, to be established by the 
        Committee on Rules and Administration.
            ``(14) An item of little intrinsic value such as a greeting 
        card, baseball cap, or a T shirt.
            ``(15) Training (including food and refreshments furnished 
        to all attendees as an integral part of the training) provided 
        to a Member, officer, or employee, if such training is in the 
        interest of the Senate.
            ``(16) Bequests, inheritances, and other transfers at 
        death.
            ``(17) Any item, the receipt of which is authorized by the 
        Foreign Gifts and Decorations Act, the Mutual Educational and 
        Cultural Exchange Act, or any other statute.
            ``(18) Anything which is paid for by the Federal 
        Government, by a State or local government, or secured by the 
        Government under a Government contract.
            ``(19) A gift of personal hospitality of an individual, as 
        defined in section 109(14) of the Ethics in Government Act.
            ``(20) Free attendance at a widely attended event permitted 
        pursuant to subparagraph (d).
            ``(21) Opportunities and benefits which are--
                    ``(A) available to the public or to a class 
                consisting of all Federal employees, whether or not 
                restricted on the basis of geographic consideration;
                    ``(B) offered to members of a group or class in 
                which membership is unrelated to congressional 
                employment;
                    ``(C) offered to members of an organization, such 
                as an employees' association or congressional credit 
                union, in which membership is related to congressional 
                employment and similar opportunities are available to 
                large segments of the public through organizations of 
                similar size;
                    ``(D) offered to any group or class that is not 
                defined in a manner that specifically discriminates 
                among Government employees on the basis of branch of 
                Government or type of responsibility, or on a basis 
                that favors those of higher rank or rate of pay;
                    ``(E) in the form of loans from banks and other 
                financial institutions on terms generally available to 
                the public; or
                    ``(F) in the form of reduced membership or other 
                fees for participation in organization activities 
                offered to all Government employees by professional 
                organizations if the only restrictions on membership 
                relate to professional qualifications.
            ``(22) A plaque, trophy, or other memento of modest value.
            ``(23) Anything for which, in an unusual case, a waiver is 
        granted by the Select Committee on Ethics.
    ``(d)(1) Except as prohibited by paragraph 1, a Member, officer, or 
employee may accept an offer of free attendance at a widely attended 
convention, conference, symposium, forum, panel discussion, dinner, 
viewing, reception, or similar event, provided by the sponsor of the 
event, if--
            ``(A) the Member, officer, or employee participates in the 
        event as a speaker or a panel participant, by presenting 
        information related to Congress or matters before Congress, or 
        by performing a ceremonial function appropriate to the 
        Member's, officer's, or employee's official position; or
            ``(B) attendance at the event is appropriate to the 
        performance of the official duties or representative function 
        of the Member, officer, or employee.
    ``(2) A Member, officer, or employee who attends an event described 
in clause (1) may accept a sponsor's unsolicited offer of free 
attendance at the event for an accompanying individual if others in 
attendance will generally be similarly accompanied or if such 
attendance is appropriate to assist in the representation of the 
Senate.
    ``(3) Except as prohibited by paragraph 1, a Member, officer, or 
employee, or the spouse or dependent thereof, may accept a sponsor's 
unsolicited offer of free attendance at a charity event, except that 
reimbursement for transportation and lodging may not be accepted in 
connection with the event.
    ``(4) For purposes of this paragraph, the term `free attendance' 
may include waiver of all or part of a conference or other fee, the 
provision of local transportation, or the provision of food, 
refreshments, entertainment, and instructional materials furnished to 
all attendees as an integral part of the event. The term does not 
include entertainment collateral to the event, or food or refreshments 
taken other than in a group setting with all or substantially all other 
attendees.
    ``(e) No Member, officer, or employee may accept a gift the value 
of which exceeds $250 on the basis of the personal relationship 
exception in subparagraph (c)(3) or the close personal friendship 
exception in section 1106(d) of the Lobbying Disclosure Act of 1994 
unless the Select Committee on Ethics issues a written determination 
that one of such exceptions applies.
    ``(f)(1) The Committee on Rules and Administration is authorized to 
adjust the dollar amount referred to in subparagraph (c)(5) on a 
periodic basis, to the extent necessary to adjust for inflation.
    ``(2) The Select Committee on Ethics shall provide guidance setting 
forth reasonable steps that may be taken by Members, officers, and 
employees, with a minimum of paperwork and time, to prevent the 
acceptance of prohibited gifts from lobbyists.
    ``(3) When it is not practicable to return a tangible item because 
it is perishable, the item may, at the discretion of the recipient, be 
given to an appropriate charity or destroyed.
    ``3. (a)(1) Except as prohibited by paragraph 1, a reimbursement 
(including payment in kind) to a Member, officer, or employee for 
necessary transportation, lodging and related expenses for travel to a 
meeting, speaking engagement, factfinding trip or similar event in 
connection with the duties of the Member, officer, or employee as an 
officeholder shall be deemed to be a reimbursement to the Senate and 
not a gift prohibited by this Rule, if the Member, officer, or 
employee--
            ``(A) in the case of an employee, receives advance 
        authorization, from the Member or officer under whose direct 
        supervision the employee works, to accept reimbursement, and
            ``(B) discloses the expenses reimbursed or to be reimbursed 
        and the authorization to the Secretary of the Senate within 30 
        days after the travel is completed.
    ``(2) For purposes of clause (1), events, the activities of which 
are substantially recreational in nature, shall not be considered to be 
in connection with the duties of a Member, officer, or employee as an 
officeholder.
    ``(b) Each advance authorization to accept reimbursement shall be 
signed by the Member or officer under whose direct supervision the 
employee works and shall include--
            ``(1) the name of the employee;
            ``(2) the name of the person who will make the 
        reimbursement;
            ``(3) the time, place, and purpose of the travel; and
            ``(4) a determination that the travel is in connection with 
        the duties of the employee as an officeholder and would not 
        create the appearance that the employee is using public office 
        for private gain.
    ``(c) Each disclosure made under subparagraph (a)(1) of expenses 
reimbursed or to be reimbursed shall be signed by the Member or officer 
(in the case of travel by that Member or officer) or by the Member or 
officer under whose direct supervision the employee works (in the case 
of travel by an employee) and shall include--
            ``(1) a good faith estimate of total transportation 
        expenses reimbursed or to be reimbursed;
            ``(2) a good faith estimate of total lodging expenses 
        reimbursed or to be reimbursed;
            ``(3) a good faith estimate of total meal expenses 
        reimbursed or to be reimbursed;
            ``(4) a good faith estimate of the total of other expenses 
        reimbursed or to be reimbursed;
            ``(5) a determination that all such expenses are necessary 
        transportation, lodging, and related expenses as defined in 
        this paragraph; and
            ``(6) in the case of a reimbursement to a Member or 
        officer, a determination that the travel was in connection with 
        the duties of the Member or officer as an officeholder and 
        would not create the appearance that the Member or officer is 
        using public office for private gain.
    ``(d) For the purposes of this paragraph, the term `necessary 
transportation, lodging, and related expenses'--
            ``(1) includes reasonable expenses that are necessary for 
        travel for a period not exceeding 3 days exclusive of travel 
        time within the United States or 7 days exclusive of travel 
        time outside of the United States unless approved in advance by 
        the Select Committee on Ethics;
            ``(2) is limited to reasonable expenditures for 
        transportation, lodging, conference fees and materials, and 
        food and refreshments, including reimbursement for necessary 
        transportation, whether or not such transportation occurs 
        within the periods described in clause (1);
            ``(3) does not include expenditures for recreational 
        activities, or entertainment other than that provided to all 
        attendees as an integral part of the event; and
            ``(4) may include travel expenses incurred on behalf of 
        either the spouse or a child of the Member, officer, or 
        employee, subject to a determination signed by the Member or 
        officer (or in the case of an employee, the Member or officer 
        under whose direct supervision the employee works) that the 
        attendance of the spouse or child is appropriate to assist in 
        the representation of the Senate.
    ``(e) The Secretary of the Senate shall make available to the 
public all advance authorizations and disclosures of reimbursement 
filed pursuant to subparagraph (a) as soon as possible after they are 
received.''.

SEC. 1202. AMENDMENTS TO HOUSE RULES.

    Clause 4 of rule XLIII of the Rules of the House of Representatives 
is amended to read as follows:
    ``4. (a) No Member, officer, or employee of the House of 
Representatives shall accept a gift, knowing that such gift is provided 
directly or indirectly by a registered lobbyist, a lobbying firm, or an 
agent of a foreign principal in violation of the Lobbying Disclosure 
Act of 1994.
    ``(b) In addition to the restriction on receiving gifts from 
registered lobbyists, lobbying firms, and agents of foreign principals 
provided by paragraph (a) and except as provided in this Rule, no 
Member, officer, or employee of the House of Representatives shall 
knowingly accept a gift from any other person.
    ``(c)(1) For the purpose of this clause, the term `gift' means any 
gratuity, favor, discount, entertainment, hospitality, loan, 
forbearance, or other item having monetary value. The term includes 
gifts of services, training, transportation, lodging, and meals, 
whether provided in kind, by purchase of a ticket, payment in advance, 
or reimbursement after the expense has been incurred.
    ``(2) A gift to the spouse or dependent of a Member, officer, or 
employee (or a gift to any other individual based on that individual's 
relationship with the Member, officer, or employee) shall be considered 
a gift to the Member, officer, or employee if it is given with the 
knowledge and acquiescence of the Member, officer, or employee and the 
Member, officer, or employee has reason to believe the gift was given 
because of the official position of the Member, officer, or employee.
    ``(d) The restrictions in paragraph (b) shall not apply to the 
following:
            ``(1) Anything for which the Member, officer, or employee 
        pays the market value, or does not use and promptly returns to 
        the donor.
            ``(2) A contribution, as defined in the Federal Election 
        Campaign Act of 1971 (2 U.S.C. 431 et seq.) that is lawfully 
        made under that Act, or attendance at a fundraising event 
        sponsored by a political organization described in section 
        527(e) of the Internal Revenue Code of 1986.
            ``(3) Anything provided by an individual on the basis of a 
        personal or family relationship unless the Member, officer, or 
        employee has reason to believe that, under the circumstances, 
        the gift was provided because of the official position of the 
        Member, officer, or employee and not because of the personal or 
        family relationship. The Committee on Standards of Official 
        Conduct shall provide guidance on the applicability of this 
        clause and examples of circumstances under which a gift may be 
        accepted under this exception.
            ``(4) A contribution or other payment to a legal expense 
        fund established for the benefit of a Member, officer, or 
        employee, that is otherwise lawfully made, if the person making 
        the contribution or payment is identified for the Committee on 
        Standards of Official Conduct.
            ``(5) Any food or refreshments which the recipient 
        reasonably believes to have a value of less than $20.
            ``(6) Any gift from another Member, officer, or employee of 
        the Senate or the House of Representatives.
            ``(7) Food, refreshments, lodging, and other benefits--
                    ``(A) resulting from the outside business or 
                employment activities (or other outside activities that 
                are not connected to the duties of the Member, officer, 
                or employee as an officeholder) of the Member, officer, 
                or employee, or the spouse of the Member, officer, or 
                employee, if such benefits have not been offered or 
                enhanced because of the official position of the 
                Member, officer, or employee and are customarily 
                provided to others in similar circumstances;
                    ``(B) customarily provided by a prospective 
                employer in connection with bona fide employment 
                discussions; or
                    ``(C) provided by a political organization 
                described in section 527(e) of the Internal Revenue 
                Code of 1986 in connection with a fundraising or 
                campaign event sponsored by such an organization.
            ``(8) Pension and other benefits resulting from continued 
        participation in an employee welfare and benefits plan 
        maintained by a former employer.
            ``(9) Informational materials that are sent to the office 
        of the Member, officer, or employee in the form of books, 
        articles, periodicals, other written materials, audiotapes, 
        videotapes, or other forms of communication.
            ``(10) Awards or prizes which are given to competitors in 
        contests or events open to the public, including random 
        drawings.
            ``(11) Honorary degrees (and associated travel, food, 
        refreshments, and entertainment) and other bona fide, 
        nonmonetary awards presented in recognition of public service 
        (and associated food, refreshments, and entertainment provided 
        in the presentation of such degrees and awards).
            ``(12) Donations of products from the State that the Member 
        represents that are intended primarily for promotional 
        purposes, such as display or free distribution, and are of 
        minimal value to any individual recipient.
            ``(13) Food, refreshments, and entertainment provided to a 
        Member or an employee of a Member in the Member's home State, 
        subject to reasonable limitations, to be established by the 
        Committee on Standards of Official Conduct.
            ``(14) An item of little intrinsic value such as a greeting 
        card, baseball cap, or a T shirt.
            ``(15) Training (including food and refreshments furnished 
        to all attendees as an integral part of the training) provided 
        to a Member, officer, or employee, if such training is in the 
        interest of the House of Representatives.
            ``(16) Bequests, inheritances, and other transfers at 
        death.
            ``(17) Any item, the receipt of which is authorized by the 
        Foreign Gifts and Decorations Act, the Mutual Educational and 
        Cultural Exchange Act, or any other statute.
            ``(18) Anything which is paid for by the Federal 
        Government, by a State or local government, or secured by the 
        Government under a Government contract.
            ``(19) A gift of personal hospitality of an individual, as 
        defined in section 109(14) of the Ethics in Government Act.
            ``(20) Free attendance at a widely attended event permitted 
        pursuant to paragraph (e).
            ``(21) Opportunities and benefits which are--
                    ``(A) available to the public or to a class 
                consisting of all Federal employees, whether or not 
                restricted on the basis of geographic consideration;
                    ``(B) offered to members of a group or class in 
                which membership is unrelated to congressional 
                employment;
                    ``(C) offered to members of an organization, such 
                as an employees' association or congressional credit 
                union, in which membership is related to congressional 
                employment and similar opportunities are available to 
                large segments of the public through organizations of 
                similar size;
                    ``(D) offered to any group or class that is not 
                defined in a manner that specifically discriminates 
                among Government employees on the basis of branch of 
                Government or type of responsibility, or on a basis 
                that favors those of higher rank or rate of pay;
                    ``(E) in the form of loans from banks and other 
                financial institutions on terms generally available to 
                the public; or
                    ``(F) in the form of reduced membership or other 
                fees for participation in organization activities 
                offered to all Government employees by professional 
                organizations if the only restrictions on membership 
                relate to professional qualifications.
            ``(22) A plaque, trophy, or other memento of modest value.
            ``(23) Anything for which, in exceptional circumstances, a 
        waiver is granted by the Committee on Standards of Official 
        Conduct.
    ``(e)(1) Except as prohibited by paragraph (a), a Member, officer, 
or employee may accept an offer of free attendance at a widely attended 
convention, conference, symposium, forum, panel discussion, dinner, 
viewing, reception, or similar event, provided by the sponsor of the 
event, if--
            ``(A) the Member, officer, or employee participates in the 
        event as a speaker or a panel participant, by presenting 
        information related to Congress or matters before Congress, or 
        by performing a ceremonial function appropriate to the 
        Member's, officer's, or employee's official position; or
            ``(B) attendance at the event is appropriate to the 
        performance of the official duties or representative function 
        of the Member, officer, or employee.
    ``(2) A Member, officer, or employee who attends an event described 
in subparagraph (1) may accept a sponsor's unsolicited offer of free 
attendance at the event for an accompanying individual if others in 
attendance will generally be similarly accompanied or if such 
attendance is appropriate to assist in the representation of the House 
of Representatives.
    ``(3) Except as prohibited by paragraph (a), a Member, officer, or 
employee, or the spouse or dependent thereof, may accept a sponsor's 
unsolicited offer of free attendance at a charity event, except that 
reimbursement for transportation and lodging may not be accepted in 
connection with the event.
    ``(4) For purposes of this paragraph, the term `free attendance' 
may include waiver of all or part of a conference or other fee, the 
provision of local transportation, or the provision of food, 
refreshments, entertainment, and instructional materials furnished to 
all attendees as an integral part of the event. The term does not 
include entertainment collateral to the event, or food or refreshments 
taken other than in a group setting with all or substantially all other 
attendees.
    ``(f) No Member, officer, or employee may accept a gift the value 
of which exceeds $250 on the basis of the personal relationship 
exception in paragraph (d)(3) or the close personal friendship 
exception in section 1106(d) of the Lobbying Disclosure Act of 1994 
unless the Committee on Standards of Official Conduct issues a written 
determination that one of such exceptions applies.
    ``(g)(1) The Committee on Standards of Official Conduct is 
authorized to adjust the dollar amount referred to in paragraph (c)(5) 
on a periodic basis, to the extent necessary to adjust for inflation.
    ``(2) The Committee on Standards of Official Conduct shall provide 
guidance setting forth reasonable steps that may be taken by Members, 
officers, and employees, with a minimum of paperwork and time, to 
prevent the acceptance of prohibited gifts from lobbyists.
    ``(3) When it is not practicable to return a tangible item because 
it is perishable, the item may, at the discretion of the recipient, be 
given to an appropriate charity or destroyed.
    ``(h)(1)(A) Except as prohibited by paragraph (a), a reimbursement 
(including payment in kind) to a Member, officer, or employee for 
necessary transportation, lodging and related expenses for travel to a 
meeting, speaking engagement, factfinding trip or similar event in 
connection with the duties of the Member, officer, or employee as an 
officeholder shall be deemed to be a reimbursement to the House of 
Representatives and not a gift prohibited by this paragraph, if the 
Member, officer, or employee--
            ``(i) in the case of an employee, receives advance 
        authorization, from the Member or officer under whose direct 
        supervision the employee works, to accept reimbursement, and
            ``(ii) discloses the expenses reimbursed or to be 
        reimbursed and the authorization to the Clerk of the House of 
        Representatives within 30 days after the travel is completed.
    ``(B) For purposes of clause (A), events, the activities of which 
are substantially recreational in nature, shall not be considered to be 
in connection with the duties of a Member, officer, or employee as an 
officeholder.
    ``(2) Each advance authorization to accept reimbursement shall be 
signed by the Member or officer under whose direct supervision the 
employee works and shall include--
            ``(A) the name of the employee;
            ``(B) the name of the person who will make the 
        reimbursement;
            ``(C) the time, place, and purpose of the travel; and
            ``(D) a determination that the travel is in connection with 
        the duties of the employee as an officeholder and would not 
        create the appearance that the employee is using public office 
        for private gain.
    ``(3) Each disclosure made under subparagraph (1)(A) of expenses 
reimbursed or to be reimbursed shall be signed by the Member or officer 
(in the case of travel by that Member or officer) or by the Member or 
officer under whose direct supervision the employee works (in the case 
of travel by an employee) and shall include--
            ``(A) a good faith estimate of total transportation 
        expenses reimbursed or to be reimbursed;
            ``(B) a good faith estimate of total lodging expenses 
        reimbursed or to be reimbursed;
            ``(C) a good faith estimate of total meal expenses 
        reimbursed or to be reimbursed;
            ``(D) a good faith estimate of the total of other expenses 
        reimbursed or to be reimbursed;
            ``(E) a determination that all such expenses are necessary 
        transportation, lodging, and related expenses as defined in 
        this paragraph; and
            ``(F) in the case of a reimbursement to a Member or 
        officer, a determination that the travel was in connection with 
        the duties of the Member or officer as an officeholder and 
        would not create the appearance that the Member or officer is 
        using public office for private gain.
    ``(4) For the purposes of this paragraph, the term `necessary 
transportation, lodging, and related expenses'--
            ``(A) includes reasonable expenses that are necessary for 
        travel--
                    ``(i) for a period not exceeding 4 days including 
                travel time within the United States or 7 days in 
                addition to travel time outside the United States; and
                    ``(ii) within 24 hours before or after 
                participation in an event in the United States or 
                within 48 hours before or after participation in an 
                event outside the United States,
        unless approved in advance by the Committee on Standards of 
        Official Conduct;
            ``(B) is limited to reasonable expenditures for 
        transportation, lodging, conference fees and materials, and 
        food and refreshments, including reimbursement for necessary 
        transportation, whether or not such transportation occurs 
        within the periods described in clause (A);
            ``(C) does not include expenditures for recreational 
        activities or entertainment other than that provided to all 
        attendees as an integral part of the event; and
            ``(D) may include travel expenses incurred on behalf of 
        either the spouse or a child of the Member, officer, or 
        employee, subject to a determination signed by the Member or 
        officer (or in the case of an employee, the Member or officer 
        under whose direct supervision the officer or employee works) 
        that the attendance of the spouse or child is appropriate to 
        assist in the representation of the House of Representatives.
    ``(5) The Clerk of the House of Representatives shall make 
available to the public all advance authorizations and disclosures of 
reimbursement filed pursuant to subparagraph (1) as soon as possible 
after they are received.''.

SEC. 1203. MISCELLANEOUS PROVISIONS.

    (a) Amendments to the Ethics in Government Act.--Section 
102(a)(2)(B) of the Ethics in Government Act (5 U.S.C. 102, App. 6) is 
amended by adding at the end thereof the following: ``Reimbursements 
accepted by a Federal agency pursuant to section 1353 of title 31, 
United States Code, or deemed accepted by the Senate or the House of 
Representatives pursuant to Rule XXXV of the Standing Rules of the 
Senate or clause 4 of Rule XLIII of the Rules of the House of 
Representatives shall be reported as required by such statute or rule 
and need not be reported under this section.''.
    (b) Repeal of Obsolete Provision.--Section 901 of the Ethics Reform 
Act of 1989 (2 U.S.C. 31-2) is repealed.
    (c) Senate Provisions.--
            (1) Authority of the committee on rules and 
        administration.--The Senate Committee on Rules and 
        Administration, on behalf of the Senate, may accept gifts 
        provided they do not involve any duty, burden, or condition, or 
        are not made dependent upon some future performance by the 
        United States. The Committee on Rules and Administration is 
        authorized to promulgate regulations to carry out this section.
            (2) Food, refreshments, and entertainment.--The rules on 
        acceptance of food, refreshments, and entertainment provided to 
        a Member of the Senate or an employee of such a Member in the 
        Member's home State before the adoption of reasonable 
        limitations by the Committee on Rules and Administration shall 
        be the rules in effect on the day before the effective date of 
        this title.
    (d) House Provision.--The rules on acceptance of food, 
refreshments, and entertainment provided to a Member of the House of 
Representatives or an employee of such a Member in the Member's home 
State before the adoption of reasonable limitations by the Committee on 
Standards of Official Conduct shall be the rules in effect on the day 
before the effective date of this title.

SEC. 1204. EXERCISE OF CONGRESSIONAL RULEMAKING POWERS.

    Sections 1201, 1202, 1203(c), and 1203(d) of this title are enacted 
by Congress--
            (1) as an exercise of the rulemaking power of the Senate 
        and the House of Representatives, respectively, and pursuant to 
        section 7353(b)(1) of title 5, United States Code, and 
        accordingly, they shall be considered as part of the rules of 
        each House, respectively, or of the House to which they 
        specifically apply, and such rules shall supersede other rules 
        only to the extent that they are inconsistent therewith; and
            (2) with full recognition of the constitutional right of 
        either House to change such rules (insofar as they relate to 
        that House) at any time and in the same manner and to the same 
        extent as in the case of any other rule of that House.

SEC. 1205. EFFECTIVE DATE.

    This title and the amendments made by this subtitle shall take 
effect on May 31, 1995.

                  DIVISION C--CAMPAIGN FINANCE REFORM

   TITLE I--CONGRESSIONAL CAMPAIGN SPENDING LIMIT AND ELECTION REFORM

SEC. 10000. SHORT TITLE; AMENDMENT OF CAMPAIGN ACT; TABLE OF CONTENTS.

    (a) Short Title.--This title may be cited as the ``Congressional 
Campaign Spending Limit and Election Reform Act of 1995''.
    (b) Amendment of FECA.--When used in this title, the term ``FECA'' 
means the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.).
    (c) Table of Contents.--

                  DIVISION C--CAMPAIGN FINANCE REFORM

   TITLE I--CONGRESSIONAL CAMPAIGN SPENDING LIMIT AND ELECTION REFORM

Sec. 10000. Short title; amendment of Campaign Act; table of contents.
         Subtitle A--Control of Congressional Campaign Spending

     Part I--Senate Election Campaign Spending Limits and Benefits

Sec. 10001. Senate spending limits and benefits.
Sec. 10002. Ban on activities of political action committees in Senate 
                            elections.
Sec. 10003. Reporting requirements.
Sec. 10004. Disclosure by noneligible candidates.
Sec. 10005. Excess campaign funds of Senate candidates.
                      Part II--General Provisions

Sec. 10011. Broadcast rates and preemption.
Sec. 10012. Reporting requirements for certain independent 
                            expenditures.
Sec. 10013. Campaign advertising amendments.
Sec. 10014. Definitions.
Sec. 10015. Provisions relating to franked mass mailings.
                  Subtitle B--Independent Expenditures

Sec. 10021. Clarification of definitions relating to independent 
                            expenditures.
Sec. 10022. Equal broadcast time.
                        Subtitle C--Expenditures

                     Part I--Personal Loans; Credit

Sec. 10031. Personal contributions and loans.
Sec. 10032. Extensions of credit.
    Part II--Provisions Relating to Soft Money of Political Parties

Sec. 10033. Definitions.
Sec. 10034. Contributions to political party committees.
Sec. 10035. Provisions relating to national, State, and local party 
                            committees.
Sec. 10036. Restrictions on fundraising by candidates and 
                            officeholders.
Sec. 10037. Reporting requirements.
                       Subtitle D--Contributions

Sec. 10041. Contributions through intermediaries and conduits; 
                            prohibition on certain contributions by 
                            lobbyists.
Sec. 10042. Contributions by dependents not of voting age.
Sec. 10043. Contributions to candidates from State and local committees 
                            of political parties to be aggregated.
Sec. 10044. Contributions and expenditures using money secured by 
                            physical force or other intimidation.
Sec. 10045. Prohibition of acceptance by a candidate of cash 
                            contributions from any one person 
                            aggregating more than $100.
                       Subtitle E--Miscellaneous

Sec. 10051. Prohibition of leadership committees.
Sec. 10052. Telephone voting by persons with disabilities.
Sec. 10053. Certain tax-exempt organizations not subject to corporate 
                            limits.
Sec. 10054. Aiding and abetting violations of FECA.
Sec. 10055. Campaign advertising that refers to an opponent.
Sec. 10056. Limit on congressional use of the franking privilege.
              Subtitle F--Effective Dates; Authorizations

Sec. 10061. Effective date.
Sec. 10062. Budget neutrality.
Sec. 10063. Severability.
Sec. 10064. Expedited review of constitutional issues.
Sec. 10065. Regulations.

         Subtitle A--Control of Congressional Campaign Spending

     PART I--SENATE ELECTION CAMPAIGN SPENDING LIMITS AND BENEFITS

SEC. 10001. SENATE SPENDING LIMITS AND BENEFITS.

    (a) In General.--FECA is amended by adding at the end thereof the 
following new title:

 ``TITLE V--SPENDING LIMITS AND BENEFITS FOR SENATE ELECTION CAMPAIGNS

``SEC. 501. CANDIDATES ELIGIBLE TO RECEIVE BENEFITS.

    ``(a) In General.--For purposes of this title, a candidate is an 
eligible Senate candidate if the candidate--
            ``(1) meets the primary and general election filing 
        requirements of subsections (b) and (c);
            ``(2) meets the primary and runoff election expenditure 
        limits of subsection (d); and
            ``(3) meets the threshold contribution requirements of 
        subsection (e).
    ``(b) Primary Filing Requirements.--(1) The requirements of this 
subsection are met if the candidate files with the Secretary of the 
Senate a declaration that--
            ``(A) the candidate and the candidate's authorized 
        committees--
                    ``(i) will meet the primary and runoff election 
                expenditure limits of subsection (d); and
                    ``(ii) will only accept contributions for the 
                primary and runoff elections which do not exceed such 
                limits;
            ``(B) the candidate and the candidate's authorized 
        committees will meet the general election expenditure limit 
        under section 502(b);
            ``(C) the candidate and the candidate's authorized 
        committees will meet the limitation on expenditures from 
        personal funds under section 502(a); and
            ``(D) the candidate and the candidate's authorized 
        committees will meet the closed captioning requirements of 
        section 509.
    ``(2) The declaration under paragraph (1) shall be filed not later 
than the date the candidate files as a candidate for the primary 
election.
    ``(c) General Election Filing Requirements.--(1) The requirements 
of this subsection are met if the candidate certifies to the Secretary 
of the Senate, under penalty of perjury, that--
            ``(A) the candidate and the candidate's authorized 
        committees--
                    ``(i) met the primary and runoff election 
                expenditure limits under subsection (d); and
                    ``(ii) did not accept contributions for the primary 
                or runoff election in excess of the primary or runoff 
                expenditure limit under subsection (d), whichever is 
                applicable, reduced by any amounts transferred to this 
                election cycle from a preceding election cycle;
            ``(B) the candidate met the threshold contribution 
        requirement under subsection (e), and that only allowable 
        contributions were taken into account in meeting such 
        requirement;
            ``(C) at least one other candidate has qualified for the 
        same general election ballot under the law of the State 
        involved;
            ``(D) such candidate and the authorized committees of such 
        candidate--
                    ``(i) except as otherwise provided by this title, 
                will not make expenditures which exceed the general 
                election expenditure limit under section 502(b);
                    ``(ii) will not accept any contributions in 
                violation of section 315;
                    ``(iii) except as otherwise provided by this title, 
                will not accept any contribution for the general 
                election involved to the extent that such contribution 
                would cause the aggregate amount of such contributions 
                to exceed the sum of the amount of the general election 
                expenditure limit under section 502(b) and the amounts 
                described in subsections (c), (d), and (e) of section 
                502, reduced by any amounts transferred to this 
                election cycle from a previous election cycle and not 
                taken into account under subparagraph (A)(ii);
                    ``(iv) will deposit all payments received under 
                this title in an account insured by the Federal Deposit 
                Insurance Corporation from which funds may be withdrawn 
                by check or similar means of payment to third parties;
                    ``(v) will furnish campaign records, evidence of 
                contributions, and other appropriate information to the 
                Commission;
                    ``(vi) will cooperate in the case of any audit and 
                examination by the Commission under section 505 and 
                will pay any amounts required to be paid under that 
                section; and
                    ``(vii) will meet the closed captioning 
                requirements of section 509; and
            ``(E) the candidate intends to make use of the benefits 
        provided under section 503.
    ``(2) The certification under paragraph (1) shall be filed not 
later than 7 days after the earlier of--
            ``(A) the date the candidate qualifies for the general 
        election ballot under State law; or
            ``(B) if, under State law, a primary or runoff election to 
        qualify for the general election ballot occurs after September 
        1, the date the candidate wins the primary or runoff election.
    ``(d) Primary and Runoff Expenditure Limits.--(1) The requirements 
of this subsection are met if:
            ``(A) The candidate or the candidate's authorized 
        committees did not make expenditures for the primary election 
        in excess of the lesser of--
                    ``(i) 67 percent of the general election 
                expenditure limit under section 502(b); or
                    ``(ii) $2,750,000.
            ``(B) The candidate and the candidate's authorized 
        committees did not make expenditures for any runoff election in 
        excess of 20 percent of the general election expenditure limit 
        under section 502(b).
    ``(2) The limitations under subparagraphs (A) and (B) of paragraph 
(1) with respect to any candidate shall be increased by the aggregate 
amount of independent expenditures in opposition to, or on behalf of 
any opponent of, such candidate during the primary or runoff election 
period, whichever is applicable, which are required to be reported to 
the Secretary of the Senate or to the Commission with respect to such 
period under section 304.
    ``(3)(A) If the contributions received by the candidate or the 
candidate's authorized committees for the primary election or runoff 
election exceed the expenditures for either such election, such excess 
contributions shall be treated as contributions for the general 
election and expenditures for the general election may be made from 
such excess contributions.
    ``(B) Subparagraph (A) shall not apply to the extent that such 
treatment of excess contributions--
            ``(i) would result in the violation of any limitation under 
        section 315; or
            ``(ii) would cause the aggregate contributions received for 
        the general election to exceed the limits under subsection 
        (c)(1)(D)(iii).
    ``(e) Threshold Contribution Requirements.--(1) The requirements of 
this subsection are met if the candidate and the candidate's authorized 
committees have received allowable contributions during the applicable 
period in an amount at least equal to 5 percent of the general election 
expenditure limit under section 502(b).
    ``(2) For purposes of this section and subsections (b) and (c) of 
section 503--
            ``(A) The term `allowable contributions' means 
        contributions which are made as gifts of money by an individual 
        pursuant to a written instrument identifying such individual as 
        the contributor.
            ``(B) The term `allowable contributions' shall not 
        include--
                    ``(i) contributions made directly or indirectly 
                through an intermediary or conduit which are treated as 
                made by such intermediary or conduit under section 
                315(a)(8)(B);
                    ``(ii) contributions from any individual during the 
                applicable period to the extent such contributions 
                exceed $250; or
                    ``(iii) contributions from individuals residing 
                outside the candidate's State.
        Clauses (ii) and (iii) shall not apply for purposes of section 
        503(b).
    ``(3) For purposes of this subsection and subsections (b) and (c) 
of section 503, the term `applicable period' means--
            ``(A) the period beginning on January 1 of the calendar 
        year preceding the calendar year of the general election 
        involved and ending on--
                    ``(i) the date on which the certification under 
                subsection (c) is filed by the candidate; or
                    ``(ii) for purposes of subsections (b) and (c) of 
                section 503, the date of such general election; or
            ``(B) in the case of a special election for the office of 
        United States Senator, the period beginning on the date the 
        vacancy in such office occurs and ending on the date of the 
        general election involved.
    ``(f) Indexing.--The $2,750,000 amount under subsection (d)(1) 
shall be increased as of the beginning of each calendar year based on 
the increase in the price index determined under section 315(c), except 
that, for purposes of subsection (d)(1) and section 502(b)(3), the base 
period shall be calendar year 1996.

``SEC. 502. LIMITATIONS ON EXPENDITURES.

    ``(a) Limitation on Use of Personal Funds.--(1) The aggregate 
amount of expenditures which may be made during an election cycle by an 
eligible Senate candidate or such candidate's authorized committees 
from the sources described in paragraph (2) shall not exceed $25,000.
    ``(2) A source is described in this paragraph if it is--
            ``(A) personal funds of the candidate and members of the 
        candidate's immediate family; or
            ``(B) personal debt incurred by the candidate and members 
        of the candidate's immediate family.
    ``(b) General Election Expenditure Limit.--(1) Except as otherwise 
provided in this title, the aggregate amount of expenditures for a 
general election by an eligible Senate candidate and the candidate's 
authorized committees shall not exceed the lesser of--
            ``(A) $5,500,000; or
            ``(B) the greater of--
                    ``(i) $1,200,000; or
                    ``(ii) $400,000; plus
                            ``(I) 30 cents multiplied by the voting age 
                        population not in excess of 4,000,000; and
                            ``(II) 25 cents multiplied by the voting 
                        age population in excess of 4,000,000.
    ``(2) In the case of an eligible Senate candidate in a State which 
has no more than 1 transmitter for a commercial Very High Frequency 
(VHF) television station licensed to operate in that State, paragraph 
(1)(B)(ii) shall be applied by substituting--
            ``(A) `80 cents' for `30 cents' in subclause (I); and
            ``(B) `70 cents' for `25 cents' in subclause (II).
    ``(3) The amount otherwise determined under paragraph (1) for any 
calendar year shall be increased by the same percentage as the 
percentage increase for such calendar year under section 501(f) 
(relating to indexing).
    ``(c) Legal and Accounting Compliance Fund.--(1) The limitation 
under subsection (b) shall not apply to qualified legal and accounting 
expenditures made by a candidate or the candidate's authorized 
committees or a Federal officeholder from a legal and accounting 
compliance fund meeting the requirements of paragraph (2).
    ``(2) A legal and accounting compliance fund meets the requirements 
of this paragraph if--
            ``(A) the fund is established with respect to qualified 
        legal and accounting expenditures incurred with respect to a 
        particular general election;
            ``(B) the only amounts transferred to the fund are amounts 
        received in accordance with the limitations, prohibitions, and 
        reporting requirements of this Act;
            ``(C) the aggregate amounts transferred to, and 
        expenditures made from, the fund with respect to the election 
        cycle do not exceed the sum of--
                    ``(i) the lesser of--
                            ``(I) 15 percent of the general election 
                        expenditure limit under subsection (b) for the 
                        general election for which the fund was 
                        established; or
                            ``(II) $300,000; plus
                    ``(ii) the amount determined under paragraph (4); 
                and
            ``(D) no funds received by the candidate pursuant to 
        section 503(a)(3) may be transferred to the fund.
    ``(3) For purposes of this subsection, the term `qualified legal 
and accounting expenditures' means the following:
            ``(A) Any expenditures for costs of legal and accounting 
        services provided in connection with--
                    ``(i) any administrative or court proceeding 
                initiated pursuant to this Act for the general election 
                for which the legal and accounting fund was 
                established; or
                    ``(ii) the preparation of any documents or reports 
                required by this Act or the Commission.
            ``(B) Any expenditures for legal and accounting services 
        provided in connection with the general election for which the 
        legal and accounting compliance fund was established to ensure 
        compliance with this Act with respect to the election cycle for 
        such general election.
    ``(4)(A) If, after a general election, a candidate determines that 
the qualified legal and accounting expenditures will exceed the 
limitation under paragraph (2)(C)(i), the candidate may petition the 
Commission by filing with the Secretary of the Senate a request for an 
increase in such limitation. The Commission shall authorize an increase 
in such limitation in the amount (if any) by which the Commission 
determines the qualified legal and accounting expenditures exceed such 
limitation. Such determination shall be subject to judicial review 
under section 506.
    ``(B) Except as provided in section 315, any contribution received 
or expenditure made pursuant to this paragraph shall not be taken into 
account for any contribution or expenditure limit applicable to the 
candidate under this title.
    ``(5) Any funds in a legal and accounting compliance fund shall be 
treated for purposes of this Act as a separate segregated fund, except 
that any portion of the fund not used to pay qualified legal and 
accounting expenditures, and not transferred to a legal and accounting 
compliance fund for the election cycle for the next general election, 
shall be treated in the same manner as other campaign funds for 
purposes of section 313(b).
    ``(d) Payment of Taxes on Earnings.--The limitation under 
subsection (b) shall not apply to any expenditure for Federal, State, 
or local income taxes on the earnings of a candidate's authorized 
committees.
    ``(e) Certain Expenses.--In the case of an eligible Senate 
candidate who holds a Federal office, the limitation under subsection 
(b) shall not apply to ordinary and necessary expenses of travel of 
such individual and the individual's spouse and children between 
Washington, D.C. and the individual's State in connection with the 
individual's activities as a holder of Federal office.
    ``(f) Expenditures.--For purposes of this title, the term 
`expenditure' has the meaning given such term by section 301(9), except 
that in determining any expenditures made by, or on behalf of, a 
candidate or a candidate's authorized committees, section 301(9)(B) 
shall be applied without regard to clause (ii) thereof.

``SEC. 503. BENEFITS ELIGIBLE CANDIDATE ENTITLED TO RECEIVE.

    ``(a) In General.--An eligible Senate candidate shall be entitled 
to--
            ``(1) the broadcast media rates provided under section 
        315(b) of the Communications Act of 1934; and
            ``(2) payments in an amount equal to--
                    ``(A) the excess expenditure amount determined 
                under subsection (b); and
                    ``(B) the independent expenditure amount determined 
                under subsection (c).
    ``(b) Excess Expenditure Amount.--(1) For purposes of subsection 
(a)(2)(A), except as provided in section 510(b), the amount determined 
under this subsection is, in the case of an eligible Senate candidate 
who has an opponent in the general election who receives contributions, 
or makes (or obligates to make) expenditures, for such election in 
excess of the general election expenditure limit under section 502(b), 
the excess expenditure amount.
    ``(2) For purposes of paragraph (1), the excess expenditure amount 
is the amount determined as follows:
            ``(A) In the case of a major party candidate, an amount 
        equal to the sum of--
                    ``(i) if the excess described in paragraph (1) is 
                less than 133\1/3\ percent of the general election 
                expenditure limit under section 502(b), an amount equal 
                to one-third of such limit applicable to the eligible 
                Senate candidate for the election; plus
                    ``(ii) if such excess equals or exceeds 133\1/3\ 
                percent but is less than 166\2/3\ percent of such 
                limit, an amount equal to one-third of such limit; plus
                    ``(iii) if such excess equals or exceeds 166\2/3\ 
                percent of such limit, an amount equal to one-third of 
                such limit.
            ``(B) In the case of an eligible Senate candidate who is 
        not a major party candidate, an amount equal to the least of 
        the following:
                    ``(i) The allowable contributions of the eligible 
                Senate candidate during the applicable period in excess 
                of the threshold contribution requirement under section 
                501(e).
                    ``(ii) 50 percent of the general election 
                expenditure limit applicable to the eligible Senate 
                candidate under section 502(b).
                    ``(iii) The excess described in paragraph (1).
    ``(c) Independent Expenditure Amount.--For purposes of subsection 
(a)(2)(B), the amount determined under this subsection is the total 
amount of independent expenditures made, or obligated to be made, 
during the general election period by 1 or more persons in opposition 
to, or on behalf of an opponent of, an eligible Senate candidate which 
are required to be reported by such persons under section 304(c) with 
respect to the general election period and are certified by the 
Commission under section 304(c).
    ``(d) Waiver of Expenditure and Contribution Limits.--(1)(A) An 
eligible Senate candidate who receives payments under subsection (a)(2) 
may make expenditures from such payments to defray expenditures for the 
general election without regard to the general election expenditure 
limit under section 502(b).
    ``(B) In the case of an eligible Senate candidate who is not a 
major party candidate, the general election expenditure limit under 
section 502(b) with respect to such candidate shall be increased by the 
amount (if any) by which the excess described in subsection (b)(1) 
exceeds the amount determined under subsection (b)(2)(B) with respect 
to such candidate.
    ``(2)(A) An eligible Senate candidate who receives benefits under 
this section may make expenditures for the general election without 
regard to clause (i) of section 501(c)(1)(D) or subsection (a) or (b) 
of section 502 if any one of the eligible Senate candidate's opponents 
who is not an eligible Senate candidate either raises aggregate 
contributions, or makes or becomes obligated to make aggregate 
expenditures, for the general election that exceed 200 percent of the 
general election expenditure limit applicable to the eligible Senate 
candidate under section 502(b).
    ``(B) The amount of the expenditures which may be made by reason of 
subparagraph (A) shall not exceed 100 percent of the general election 
expenditure limit under section 502(b).
    ``(3)(A) A candidate who receives benefits under this section may 
receive contributions for the general election without regard to clause 
(iii) of section 501(c)(1)(D) if--
            ``(i) a major party candidate in the same general election 
        is not an eligible Senate candidate; or
            ``(ii) any other candidate in the same general election who 
        is not an eligible Senate candidate raises aggregate 
        contributions, or makes or becomes obligated to make aggregate 
        expenditures, for the general election that exceed 75 percent 
        of the general election expenditure limit applicable to such 
        other candidate under section 502(b).
    ``(B) The amount of contributions which may be received by reason 
of subparagraph (A) shall not exceed 100 percent of the general 
election expenditure limit under section 502(b).
    ``(e) Use of Payments.--Payments received by a candidate under 
subsection (a)(2) shall be used to defray expenditures incurred with 
respect to the general election period for the candidate. Such payments 
shall not be used--
            ``(1) except as provided in paragraph (4), to make any 
        payments, directly or indirectly, to such candidate or to any 
        member of the immediate family of such candidate;
            ``(2) to make any expenditure other than expenditures to 
        further the general election of such candidate;
            ``(3) to make any expenditures which constitute a violation 
        of any law of the United States or of the State in which the 
        expenditure is made; or
            ``(4) subject to the provisions of section 315(j), to repay 
        any loan to any person except to the extent the proceeds of 
        such loan were used to further the general election of such 
        candidate.

``SEC. 504. CERTIFICATION BY COMMISSION.

    ``(a) In General.--(1) The Commission shall certify to any 
candidate meeting the requirements of section 501 that such candidate 
is an eligible Senate candidate entitled to benefits under this title. 
The Commission shall revoke such certification if it determines a 
candidate fails to continue to meet such requirements.
    ``(2) No later than 48 hours after an eligible Senate candidate 
files a request with the Secretary of the Senate to receive benefits 
under section 503, the Commission shall issue a certification stating 
whether such candidate is eligible for payments under this title and 
the amount of such payments to which such candidate is entitled. The 
request referred to in the preceding sentence shall contain--
            ``(A) such information and be made in accordance with such 
        procedures as the Commission may provide by regulation; and
            ``(B) a verification signed by the candidate and the 
        treasurer of the principal campaign committee of such candidate 
        stating that the information furnished in support of the 
        request, to the best of their knowledge, is correct and fully 
        satisfies the requirements of this title.
    ``(b) Determinations by Commission.--All determinations (including 
certifications under subsection (a)) made by the Commission under this 
title shall be final and conclusive, except to the extent that they are 
subject to examination and audit by the Commission under section 505 
and judicial review under section 506.

``SEC. 505. EXAMINATIONS AND AUDITS; REPAYMENTS; CIVIL PENALTIES.

    ``(a) Examinations and Audits.--(1) After each general election, 
the Commission shall conduct an examination and audit of the campaign 
accounts of 5 percent of the eligible Senate and House of 
Representatives candidates, as designated by the Commission through the 
use of an appropriate statistical method of random selection, to 
determine whether such candidates have complied with the conditions of 
eligibility and other requirements of this title. The Commission shall 
conduct an examination and audit of the accounts of all candidates for 
election to an office where any eligible candidate for the office is 
selected for examination and audit.
    ``(2) After each special election involving an eligible candidate, 
the Commission shall conduct an examination and audit of the campaign 
accounts of all candidates in the election to determine whether the 
candidates have complied with the conditions of eligibility and other 
requirements of this Act.
    ``(3) The Commission may conduct an examination and audit of the 
campaign accounts of any eligible Senate or House of Representatives 
candidate in a general election if the Commission determines that there 
exists reason to believe whether such candidate may have violated any 
provision of this title.
    ``(b) Excess Payments; Revocation of Status.--(1) If the Commission 
determines that payments were made to an eligible Senate candidate 
under this title in excess of the aggregate amounts to which such 
candidate was entitled, the Commission shall so notify such candidate, 
and such candidate shall pay an amount equal to the excess.
    ``(2) If the Commission revokes the certification of a candidate as 
an eligible Senate candidate under section 504(a)(1), the Commission 
shall notify the candidate, and the candidate shall pay an amount equal 
to the payments received under this title.
    ``(c) Misuse of Benefits.--If the Commission determines that any 
amount of any benefit made available to an eligible Senate candidate 
under this title was not used as provided for in this title, the 
Commission shall so notify such candidate and such candidate shall pay 
the amount of such benefit.
    ``(d) Excess Expenditures.--If the Commission determines that any 
eligible Senate candidate who has received benefits under this title 
has made expenditures which in the aggregate exceed--
            ``(1) the primary or runoff expenditure limit under section 
        501(d); or
            ``(2) the general election expenditure limit under section 
        502(b),
the Commission shall so notify such candidate and such candidate shall 
pay an amount equal to the amount of the excess expenditures.
    ``(e) Civil Penalties.--(1) If the Commission determines that a 
candidate has committed a violation described in subsection (c), the 
Commission may assess a civil penalty against such candidate in an 
amount not greater than 200 percent of the amount involved.
    ``(2)(A) Low Amount of Excess Expenditures.--Any eligible Senate 
candidate who makes expenditures that exceed any limitation described 
in paragraph (1) or (2) of subsection (d) by 2.5 percent or less shall 
pay an amount equal to the amount of the excess expenditures.
    ``(B) Medium Amount of Excess Expenditures.--Any eligible Senate 
candidate who makes expenditures that exceed any limitation described 
in paragraph (1) or (2) of subsection (d) by more than 2.5 percent and 
less than 5 percent shall pay an amount equal to three times the amount 
of the excess expenditures.
    ``(C) Large Amount of Excess Expenditures.--Any eligible Senate 
candidate who makes expenditures that exceed any limitation described 
in paragraph (1) or (2) of subsection (d) by 5 percent or more shall 
pay an amount equal to the sum of--
            ``(i) three times the amount of the excess expenditures 
        plus an additional amount determined by the Commission, plus
            ``(ii) if the Commission determines such excess 
        expenditures were willful, an amount equal to the benefits the 
        candidate received under this title.
    ``(f) Unexpended Funds.--Any amount received by an eligible Senate 
candidate under this title and not expended on or before the date of 
the general election shall be repaid within 30 days of the election, 
except that a reasonable amount may be retained for a period not 
exceeding 120 days after the date of the general election for the 
liquidation of all obligations to pay expenditures for the general 
election incurred during the general election period. At the end of 
such 120-day period, any unexpended funds received under this title 
shall be promptly repaid.
    ``(g) Payments Returned to Source.--Any payment, repayment, or 
civil penalty required by this section shall be paid to the entity from 
which benefits under this title were paid to the eligible Senate 
candidate.
    ``(h) Limit on Period for Notification.--No notification shall be 
made by the Commission under this section with respect to an election 
more than three years after the date of such election.

``SEC. 506. JUDICIAL REVIEW.

    ``(a) Judicial Review.--Any agency action by the Commission made 
under the provisions of this title shall be subject to review by the 
United States Court of Appeals for the District of Columbia Circuit 
upon petition filed in such court within thirty days after the agency 
action by the Commission for which review is sought. It shall be the 
duty of the Court of Appeals, ahead of all matters not filed under this 
title, to advance on the docket and expeditiously take action on all 
petitions filed pursuant to this title.
    ``(b) Application of Title 5.--The provisions of chapter 7 of title 
5, United States Code, shall apply to judicial review of any agency 
action by the Commission.
    ``(c) Agency Action.--For purposes of this section, the term 
`agency action' has the meaning given such term by section 551(13) of 
title 5, United States Code.

``SEC. 507. PARTICIPATION BY COMMISSION IN JUDICIAL PROCEEDINGS.

    ``(a) Appearances.--The Commission is authorized to appear in and 
defend against any action instituted under this section and under 
section 506 either by attorneys employed in its office or by counsel 
whom it may appoint without regard to the provisions of title 5, United 
States Code, governing appointments in the competitive service, and 
whose compensation it may fix without regard to the provisions of 
chapter 51 and subchapter III of chapter 53 of such title.
    ``(b) Institution of Actions.--The Commission is authorized, 
through attorneys and counsel described in subsection (a), to institute 
actions in the district courts of the United States to seek recovery of 
any amounts determined under this title to be payable to any entity 
from which benefits under this title were paid.
    ``(c) Injunctive Relief.--The Commission is authorized, through 
attorneys and counsel described in subsection (a), to petition the 
courts of the United States for such injunctive relief as is 
appropriate in order to implement any provision of this title.
    ``(d) Appeals.--The Commission is authorized on behalf of the 
United States to appeal from, and to petition the Supreme Court for 
certiorari to review, judgments or decrees entered with respect to 
actions in which it appears pursuant to the authority provided in this 
section.

``SEC. 508. REPORTS TO CONGRESS; REGULATIONS.

    ``(a) Reports.--The Commission shall, as soon as practicable after 
each election, submit a full report to the Senate setting forth--
            ``(1) the expenditures (shown in such detail as the 
        Commission determines appropriate) made by each eligible Senate 
        candidate and the authorized committees of such candidate;
            ``(2) the amounts certified by the Commission under section 
        504 as benefits available to each eligible Senate candidate; 
        and
            ``(3) the amount of repayments, if any, required under 
        section 505 and the reasons for each repayment required.
Each report submitted pursuant to this section shall be printed as a 
Senate document.
    ``(b) Rules and Regulations.--The Commission is authorized to 
prescribe (in accordance with the provisions of subsection (c)) such 
rules and regulations, to conduct such examinations and investigations, 
and to require the keeping and submission of such books, records, and 
information, as it deems necessary to carry out the functions and 
duties imposed on it by this title.
    ``(c) Statement to Senate.--Thirty days before prescribing any rule 
or regulation under subsection (b), the Commission shall transmit to 
the Senate a statement setting forth the proposed rule or regulation 
and containing a detailed explanation and justification of such rule or 
regulation.

``SEC. 509. CLOSED CAPTIONING REQUIREMENT FOR TELEVISION COMMERCIALS OF 
              ELIGIBLE SENATE CANDIDATES.

    ``No eligible Senate candidate may receive amounts under section 
503(a)(3) under section 503(a)(4) unless such candidate has certified 
that any television commercial prepared or distributed by the candidate 
will be prepared in a manner that contains, is accompanied by, or 
otherwise readily permits closed captioning of the oral content of the 
commercial to be broadcast by way of line 21 of the vertical blanking 
interval, or by way of comparable successor technologies.

``SEC. 510. LIMITATIONS ON PAYMENTS.

    ``(a) Payments Upon Certification.--Upon receipt of a certification 
from the Commission under section 504, except as provided in subsection 
(b), the Secretary shall, subject to the availability of 
appropriations, promptly pay the amount certified by the Commission to 
the candidate.
    ``(b) Reductions in Payments if Funds Insufficient.--(1) If, at the 
time of a certification by the Commission under section 504 for payment 
to an eligible candidate, the Secretary determines that there are not, 
or may not be, sufficient funds to satisfy the full entitlement of all 
eligible candidates, the Secretary shall withhold from the amount of 
such payment such amount as the Secretary determines to be necessary to 
assure that each eligible candidate will receive the same pro rata 
share of such candidate's full entitlement.
    ``(2) Amounts withheld under paragraph (1) shall be paid when the 
Secretary determines that there are sufficient monies to pay all, or a 
portion thereof, to all eligible candidates from whom amounts have been 
withheld, except that if only a portion is to be paid, it shall be 
paid in such manner that each eligible candidate receives an equal pro 
rata share of such portion.
    ``(3)(A) Not later than December 31 of any calendar year preceding 
a calendar year in which there is a regularly scheduled general 
election, the Secretary, after consultation with the Commission, shall 
make an estimate of--
            ``(i) the amount of monies which will be available to make 
        payments required by this title in the succeeding calendar 
        year; and
            ``(ii) the amount of expenditures which will be required 
        under this title in such calendar year.
    ``(B) If the Secretary determines that there will be insufficient 
monies to make the expenditures required by this title for any calendar 
year, the Secretary shall notify each candidate on January 1 of such 
calendar year (or, if later, the date on which an individual becomes a 
candidate) of the amount which the Secretary estimates will be the pro 
rata reduction in each eligible candidate's payments under this 
subsection. Such notice shall be by registered mail.
    ``(C) The amount of the eligible candidate's contribution limit 
under section 501(c)(1)(D)(iii) shall be increased by the amount of the 
estimated pro rata reduction.
    ``(4) The Secretary shall notify the Commission and each eligible 
candidate by registered mail of any actual reduction in the amount of 
any payment by reason of this subsection. If the amount of the 
reduction exceeds the amount estimated under paragraph (3), the 
candidate's contribution limit under section 501(c)(1)(D)(iii) shall be 
increased by the amount of such excess.''.
    (b) Effective Dates.--(1) Except as provided in this subsection, 
the amendment made by subsection (a) shall apply to elections occurring 
after December 31, 1994.
    (2) For purposes of any expenditure or contribution limit imposed 
by the amendment made by subsection (a)--
            (A) no expenditure made before January 1, 1996, shall be 
        taken into account, except that there shall be taken into 
        account any such expenditure for goods or services to be 
        provided after such date; and
            (B) all cash, cash items, and Government securities on hand 
        as of January 1, 1996, shall be taken into account in 
        determining whether the contribution limit is met, except that 
        there shall not be taken into account amounts used during the 
        60-day period beginning on January 1, 1996, to pay for 
        expenditures which were incurred (but unpaid) before such date.
    (c) Effect of Invalidity on Other Provisions of Title.--If section 
501, 502, or 503 of title V of FECA (as added by this section), or any 
part thereof, is held to be invalid, all provisions of, and amendments 
made by, this title shall be treated as invalid.

SEC. 10002. BAN ON ACTIVITIES OF POLITICAL ACTION COMMITTEES IN SENATE 
              ELECTIONS.

    (a) In General.--Title III of FECA (2 U.S.C. 431 et seq.), as 
amended by section 10044, is amended by adding at the end thereof the 
following new section:

   ``ban on senate election activities by political action committees

    ``Sec. 327. (a) 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, or nomination for election, 
to the office of United States Senator.
    ``(b) In the case of individuals who are executive or 
administrative personnel of an employer--
            ``(1) no contributions may be made by such individuals--
                    ``(A) to any political committees established and 
                maintained by any political party for use in an 
                election, or nomination for election, to the office of 
                United States Senator; or
                    ``(B) to any candidate for nomination for election, 
                or election, to office of United States Senator or the 
                candidate's authorized committees,
        unless such contributions are not being made at the direction 
        of, or otherwise controlled or influenced by, the employer; and
            ``(2) the aggregate amount of such contributions by all 
        such individuals in any calendar year shall not exceed--
                    ``(A) $20,000 in the case of such political 
                committees; and
                    ``(B) $5,000 in the case of any such candidate and 
                the candidate's authorized committees.''.
    (b) Candidate's Committees.--(1) Section 315(a) of FECA (2 U.S.C. 
441a(a)) is amended by adding at the end thereof 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. Nothing in this paragraph shall be construed to permit 
the establishment, financing, maintenance, or control of any committee 
which is prohibited by paragraph (3) or (6) of section 302(e).''.
    (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.''.
    (c) Rules Applicable When Ban Not in Effect.--For purposes of the 
Federal Election Campaign Act of 1971, during any period beginning 
after the effective date in which the limitation under section 327 of 
such Act (as added by subsection (a)) is not in effect--
            (1) the amendments made by subsections (a) and (b) shall 
        not be in effect;
            (2) in the case of a candidate for election, or nomination 
        for election, to the office of United States Senator (and such 
        candidate's authorized committees), section 315(a)(2)(A) of 
        FECA (2 U.S.C. 441a(a)(2)(A)) shall be applied by substituting 
        ``$1,000'' for ``$5,000'';
            (3) it shall be unlawful for a multicandidate political 
        committee to make a contribution to a candidate for election, 
        or nomination for election, to the office of United States 
        Senator (or an authorized committee) to the extent that the 
        making or accepting of the contribution will cause the amount 
        of contributions received by the candidate and the candidate's 
        authorized committees from multicandidate political committees 
        to exceed the lesser of--
                    (A) $825,000; or
                    (B) 20 percent of the aggregate Federal election 
                spending limits applicable to the candidate for the 
                election cycle.
        The $825,000 amount in paragraph (3) shall be increased as of 
        the beginning of each calendar year based on the increase in 
        the price index determined under section 315(c) of FECA, except 
        that for purposes of paragraph (3), the base period shall be 
        the calendar year 1996. A candidate or authorized committee 
        that receives a contribution from a multicandidate political 
        committee in excess of the amount allowed under paragraph (3) 
        shall return the amount of such excess contribution to the 
        contributor.
    (d) Rule Ensuring Prohibition on Direct Corporate and Labor 
Spending.--If section 316(a) of the Federal Election Campaign Act of 
1971 is held to be invalid by reason of the amendments made by this 
section, then the amendments made by subsections (a) and (b) of this 
section shall not apply to contributions by any political committee 
that is directly or indirectly established, administered, or supported 
by a connected organization which is a bank, corporation, or other 
organization described in such section 316(a).
    (e) Restrictions on Contributions to Political Committees.--
Paragraphs (1)(D) and (2)(D) of section 315(a) of FECA (2 U.S.C. 
441a(a) (1)(D) and (2)(D)), as redesignated by section 312, are each 
amended by striking ``$5,000'' and inserting ``$1,000''.
    (f) Effective Dates.--(1) Except as provided in paragraph (2), the 
amendments made by this section shall apply to elections (and the 
election cycles relating thereto) occurring after December 31, 1994.
    (2) In applying the amendments made by this section, there shall 
not be taken into account--
            (A) contributions made or received before January 1, 1996; 
        or
            (B) contributions made to, or received by, a candidate on 
        or after January 1, 1996, to the extent such contributions are 
        not greater than the excess (if any) of--
                    (i) such contributions received by any opponent of 
                the candidate before January 1, 1996, over
                    (ii) such contributions received by the candidate 
                before January 1, 1996.

SEC. 10003. REPORTING REQUIREMENTS.

    Title III of FECA is amended by adding after section 304 the 
following new section:

             ``reporting requirements for senate candidates

    ``Sec. 304A. (a) Candidate Other Than Eligible Senate Candidate.--
(1) Each candidate for the office of United States Senator who does not 
file a certification with the Secretary of the Senate under section 
501(c) shall file with the Secretary of the Senate a declaration as to 
whether such candidate intends to make expenditures for the general 
election in excess of the general election expenditure limit applicable 
to an eligible Senate candidate under section 502(b). Such declaration 
shall be filed at the time provided in section 501(c)(2).
    ``(2) Any candidate for the United States Senate who qualifies for 
the ballot for a general election--
            ``(A) who is not an eligible Senate candidate under section 
        501; and
            ``(B) who either raises aggregate contributions, or makes 
        or obligates to make aggregate expenditures, for the general 
        election which exceed 75 percent of the general election 
        expenditure limit applicable to an eligible Senate candidate 
        under section 502(b),
shall file a report with the Secretary of the Senate within 2 business 
days after such contributions have been raised or such expenditures 
have been made or obligated to be made (or, if later, within 2 business 
days after the date of qualification for the general election ballot), 
setting forth the candidate's total contributions and total 
expenditures for such election as of such date. Thereafter, such 
candidate shall file additional reports (until such contributions or 
expenditures exceed 200 percent of such limit) with the Secretary of 
the Senate within 2 business days after each time additional 
contributions are raised, or expenditures are made or are obligated to 
be made, which in the aggregate exceed an amount equal to 10 percent of 
such limit and after the total contributions or expenditures exceed 
100, 133\1/3\, 166\2/3\, and 200 percent of such limit.
    ``(3) The Commission--
            ``(A) shall, within 2 business days of receipt of a 
        declaration or report under paragraph (1) or (2), notify each 
        eligible Senate candidate in the election involved about such 
        declaration or report; and
            ``(B) if an opposing candidate has raised aggregate 
        contributions, or made or has obligated to make aggregate 
        expenditures, in excess of the applicable general election 
        expenditure limit under section 502(b), shall certify, pursuant 
        to the provisions of subsection (d), such eligibility for 
        payment of any amount to which such eligible Senate candidate 
        is entitled under section 503(a).
    ``(4) Notwithstanding the reporting requirements under this 
subsection, the Commission may make its own determination that a 
candidate in a general election who is not an eligible Senate candidate 
has raised aggregate contributions, or made or has obligated to make 
aggregate expenditures, in the amounts which would require a report 
under paragraph (2). The Commission shall, within 2 business days after 
making each such determination, notify each eligible Senate candidate 
in the general election involved about such determination, and shall, 
when such contributions or expenditures exceed the general election 
expenditure limit under section 502(b), certify (pursuant to the 
provisions of subsection (d)) such candidate's eligibility for payment 
of any amount under section 503(a).
    ``(b) Reports on Personal Funds.--(1) Any candidate for the United 
States Senate who during the election cycle expends more than the 
limitation under section 502(a) during the election cycle from his 
personal funds, the funds of his immediate family, and personal loans 
incurred by the candidate and the candidate's immediate family shall 
file a report with the Secretary of the Senate within 2 business days 
after such expenditures have been made or loans incurred.
    ``(2) The Commission within 2 business days after a report has been 
filed under paragraph (1) shall notify each eligible Senate candidate 
in the election involved about each such report.
    ``(3) Notwithstanding the reporting requirements under this 
subsection, the Commission may make its own determination that a 
candidate for the United States Senate has made expenditures in excess 
of the amount under paragraph (1). The Commission within 2 business 
days after making such determination shall notify each eligible Senate 
candidate in the general election involved about each such 
determination.
    ``(c) Candidates for Other Offices.--(1) Each individual--
            ``(A) who becomes a candidate for the office of United 
        States Senator;
            ``(B) who, during the election cycle for such office, held 
        any other Federal, State, or local office or was a candidate 
        for such other office; and
            ``(C) who expended any amount during such election cycle 
        before becoming a candidate for the office of United States 
        Senator which would have been treated as an expenditure if such 
        individual had been such a candidate, including amounts for 
        activities to promote the image or name recognition of such 
        individual,
shall, within 7 days of becoming a candidate for the office of United 
States Senator, report to the Secretary of the Senate the amount and 
nature of such expenditures.
    ``(2) Paragraph (1) shall not apply to any expenditures in 
connection with a Federal, State, or local election which has been held 
before the individual becomes a candidate for the office of United 
States Senator.
    ``(3) The Commission shall, as soon as practicable, make a 
determination as to whether the amounts included in the report under 
paragraph (1) were made for purposes of influencing the election of the 
individual to the office of United States Senator.
    ``(4) The Commission shall certify to the individual and such 
individual's opponents the amounts the Commission determines to be 
described in paragraph (3) and such amounts shall be treated as 
expenditures for purposes of this Act.
    ``(d) Certifications.--Notwithstanding section 504(a), the 
certification required by this section shall be made by the Commission 
on the basis of reports filed in accordance with the provisions of this 
Act, or on the basis of the Commission's own investigation or 
determination.
    ``(e) Shorter Periods for Reports and Notices During Election 
Week.--Any report, determination, or notice required by reason of an 
event occurring during the 7-day period ending with the general 
election shall be made within 24 hours (rather than 2 business days) of 
the event.
    ``(f) Copies of Reports and Public Inspection.--The Secretary of 
the Senate shall transmit a copy of any report or filing received under 
this section or under title V as soon as possible (but no later than 4 
working hours of the Commission) after receipt of such report or 
filing, and shall make such report or filing available for public 
inspection and copying in the same manner as the Commission under 
section 311(a)(4), and shall preserve such reports and filings in the 
same manner as the Commission under section 311(a)(5).
    ``(g) Definitions.--For purposes of this section, any term used in 
this section which is used in title V shall have the same meaning as 
when used in title V.''.

SEC. 10004. DISCLOSURE BY NONELIGIBLE CANDIDATES.

    Section 318 of FECA (2 U.S.C. 441d), as amended by section 10013, 
is amended by adding at the end thereof the following:
    ``(f) If a broadcast, cablecast, or other communication is paid for 
or authorized by a candidate in the general election for the office of 
United States Senator who is not an eligible Senate candidate, or the 
authorized committee of such candidate, such communication shall 
contain the following sentence: `This candidate has not agreed to 
voluntary campaign spending limits.'.''.

SEC. 10005. EXCESS CAMPAIGN FUNDS OF SENATE CANDIDATES.

    Section 313 of FECA (2 U.S.C. 439a) is amended--
            (1) by inserting ``(a) In General.--'' before ``Amounts''; 
        and
            (2) by adding at the end the following new subsection:
    ``(b) Return of Excess Campaign Funds.--(1) Except as provided in 
paragraph (2), and notwithstanding subsection (a), if a candidate for 
the Senate has amounts in excess of amounts necessary to defray 
campaign expenditures for any election cycle, including any fines or 
penalties relating thereto, such candidate shall, not later than 1 year 
after the date of the general election for such cycle, expend such 
excess in the manner described in subsection (a) or transfer it to the 
general fund of the Treasury.
    ``(2) Paragraph (1) shall not apply to any amounts--
            ``(A) transferred to a legal and accounting compliance fund 
        established under section 502(c); or
            ``(B) transferred for use in the next election cycle to the 
        extent such amounts do not exceed 20 percent of the sum of the 
        primary election expenditure limit under section 501(d)(1)(A) 
        and the general election expenditure limit under section 502(b) 
        for the election cycle from which the amounts are being 
        transferred.''.

                      PART II--GENERAL PROVISIONS

SEC. 10011. BROADCAST RATES AND PREEMPTION.

    (a) Broadcast Rates.--Section 315(b) of the Communications Act of 
1934 (47 U.S.C. 315(b)) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``forty-five'' and inserting 
                ``30''; and
                    (B) by striking ``lowest unit charge of the station 
                for the same class and amount of time for the same 
                period'' and inserting ``lowest charge of the station 
                for the same amount of time for the same period on the 
                same date''; and
            (2) by adding at the end the following new sentence:
``In the case of an eligible Senate candidate (as defined in section 
301(19) of the Federal Election Campaign Act of 1971), the charges for 
the use of a television broadcasting station during the 60-day period 
referred to in paragraph (1) shall not exceed 50 percent of the lowest 
charge described in paragraph (1), except that this sentence shall not 
apply to broadcasts which are to be paid by vouchers which are received 
under section 503(c)(4) by reason of the independent expenditure 
amount.''.
    (b) Preemption; Access.--Section 315 of such Act (47 U.S.C. 315) is 
amended by redesignating subsections (c) and (d) as subsections (d) and 
(e), respectively, and by inserting immediately after subsection (b) 
the following new subsection:
    ``(c)(1) Except as provided in paragraph (2), 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 and paid for such use pursuant to the provisions of 
subsection (b)(1).
    ``(2) If a program to be broadcast by a broadcasting station is 
preempted because of circumstances beyond the control of the 
broadcasting station, any candidate advertising spot scheduled to be 
broadcast during that program may also be preempted.''.
    (c) Revocation of License for Failure To Permit Access.--Section 
312(a)(7) of such Act (47 U.S.C. 312(a)(7)) is amended--
            (1) by striking ``or repeated'';
            (2) by inserting ``or cable system'' after ``broadcasting 
        station''; and
            (3) by striking ``his candidacy'' and inserting ``his or 
        her candidacy, under the same terms, conditions, and business 
        practices as apply to its most favored advertiser''.

SEC. 10012. REPORTING REQUIREMENTS FOR CERTAIN INDEPENDENT 
              EXPENDITURES.

    (a) In General.--Section 304 of FECA (2 U.S.C. 434) is amended by 
adding at the end the following new subsection:
    ``(d) Time for Reporting Certain Expenditures.--(1) Any person 
making independent expenditures aggregating $1,000 or more after the 
20th day, but more than 24 hours, before any election shall file a 
report of such expenditures within 24 hours after such expenditures are 
made.
    ``(2) Any person making independent expenditures aggregating 
$10,000 or more at any time up to and including the 20th day before any 
election shall file a report within 48 hours after such expenditures 
are made. An additional statement shall be filed each time independent 
expenditures aggregating $10,000 are made with respect to the same 
election as the initial statement filed under this section.
    ``(3) Any statement under this subsection shall be filed with the 
Secretary of the Senate or the Commission, and the Secretary of State 
of the State involved, as appropriate, and shall contain the 
information required by subsection (b)(6)(B)(iii) of this section, 
including whether the independent expenditure is in support of, or in 
opposition to, the candidate involved. The Secretary of the Senate 
shall as soon as possible (but not later than 4 working hours of the 
Commission) after receipt of a statement transmit it to the Commission. 
Not later than 48 hours after the Commission receives a report, the 
Commission shall transmit a copy of the report to each candidate 
seeking nomination or election to that office.
    ``(4) For purposes of this subsection, an expenditure shall be 
treated as made when it is made or obligated to be made.
    ``(5)(A) If any person intends to make independent expenditures 
totaling $5,000 or more during the 20 days before an election, such 
person shall file a statement no later than the 20th day before the 
election.
    ``(B) Any statement under subparagraph (A) shall be filed with the 
Secretary of the Senate or the Commission, and the Secretary of State 
of the State involved, as appropriate, and shall identify each 
candidate whom the expenditure will support or oppose. The Secretary of 
the Senate shall as soon as possible (but not later than 4 working 
hours of the Commission) after receipt of a statement transmit it to 
the Commission. Not later than 48 hours after the Commission receives a 
statement under this paragraph, the Commission shall transmit a copy of 
the statement to each candidate identified.
    ``(6) The Commission may make its own determination that a person 
has made, or has incurred obligations to make, independent expenditures 
with respect to any Federal election which in the aggregate exceed the 
applicable amounts under paragraph (1) or (2). The Commission shall 
notify each candidate in such election of such determination within 24 
hours of making it.
    ``(7) At the same time as a candidate is notified under paragraph 
(3), (5), or (6) with respect to expenditures during a general election 
period, the Commission shall certify eligibility to receive benefits 
under section 503(a).
    ``(8) The Secretary of the Senate shall make any statement received 
under this subsection available for public inspection and copying in 
the same manner as the Commission under section 311(a)(4), and shall 
preserve such statements in the same manner as the Commission under 
section 311(a)(5).''.
    (b) Conforming Amendment.--Section 304(c)(2) of FECA (2 U.S.C. 
434(c)(2)) is amended by striking the undesignated matter after 
subparagraph (C).

SEC. 10013. CAMPAIGN ADVERTISING AMENDMENTS.

    Section 318 of FECA (2 U.S.C. 441d) is amended--
            (1) in the matter before paragraph (1) of subsection (a), 
        by striking ``Whenever'' and inserting ``Whenever a political 
        committee makes a disbursement for the purpose of financing any 
        communication through any broadcasting station, newspaper, 
        magazine, outdoor advertising facility, mailing, or any other 
        type of general public political advertising, or whenever'';
            (2) in the matter before paragraph (1) of subsection (a), 
        by striking ``an expenditure'' and inserting ``a 
        disbursement'';
            (3) in the matter before paragraph (1) of subsection (a), 
        by striking ``direct'';
            (4) in paragraph (3) of subsection (a), by inserting after 
        ``name'' the following ``and permanent street address''; and
            (5) by adding at the end the following new subsections:
    ``(c) Any printed communication described in subsection (a) shall 
be--
            ``(1) of sufficient type size to be clearly readable by the 
        recipient of the communication;
            ``(2) contained in a printed box set apart from the other 
        contents of the communication; and
            ``(3) consist of a reasonable degree of color contrast 
        between the background and the printed statement.
    ``(d)(1) Any broadcast or cablecast communication described in 
subsection (a)(1) or subsection (a)(2) shall include, in addition to 
the requirements of those subsections, an audio statement by the 
candidate that identifies the candidate and states that the candidate 
has approved the communication.
    ``(2) If a broadcast or cablecast communication described in 
paragraph (1) is broadcast or cablecast by means of television, the 
communication shall include, in addition to the audio statement under 
paragraph (1), a written statement which--
            ``(A) states: `I, (name of the candidate), am a candidate 
        for (the office the candidate is seeking) and I have approved 
        this message';
            ``(B) appears at the end of the communication in a clearly 
        readable manner with a reasonable degree of color contrast 
        between the background and the printed statement, for a period 
        of at least 4 seconds; and
            ``(C) is accompanied by a clearly identifiable photographic 
        or similar image of the candidate.
    ``(e) Any broadcast or cablecast communication described in 
subsection (a)(3) shall include, in addition to the requirements of 
those subsections, in a clearly spoken manner, the following 
statement--
            `             is responsible for the content of this 
        advertisement.'
with the blank to be filled in with the name of the political committee 
or other person paying for the communication and the name of any 
connected organization of the payor; and, if broadcast or cablecast by 
means of television, shall also appear in a clearly readable manner 
with a reasonable degree of color contrast between the background and 
the printed statement, for a period of at least 4 seconds.''.

SEC. 10014. DEFINITIONS.

    (a) In General.--Section 301 of FECA (2 U.S.C. 431) is amended by 
striking paragraph (19) and inserting the following new paragraphs:
    ``(19) The term `eligible Senate candidate' means a candidate who 
is certified under section 504 as eligible to receive benefits under 
title V.
    ``(20) The term `general election' means any election which will 
directly result in the election of a person to a Federal office. Such 
term includes a primary election which may result in the election of a 
person to a Federal office.
    ``(21) The term `general election period' means, with respect to 
any candidate, the period beginning on the day after the date of the 
primary or runoff election for the specific office the candidate is 
seeking, whichever is later, and ending on the earlier of--
            ``(A) the date of such general election; or
            ``(B) the date on which the candidate withdraws from the 
        campaign or otherwise ceases actively to seek election.
    ``(22) The term `immediate family' means--
            ``(A) a candidate's spouse;
            ``(B) a child, stepchild, parent, grandparent, brother, 
        half-brother, sister or half-sister of the candidate or the 
        candidate's spouse; and
            ``(C) the spouse of any person described in subparagraph 
        (B).
    ``(23) The term `major party' has the meaning given such term in 
section 9002(6) of the Internal Revenue Code of 1986, except that if a 
candidate qualified for the ballot in a general election in an open 
primary in which all the candidates for the office participated and 
which resulted in the candidate and at least one other candidate 
qualifying for the ballot in the general election, such candidate shall 
be treated as a candidate of a major party for purposes of title V.
    ``(24) The term `primary election' means an election which may 
result in the selection of a candidate for the ballot in a general 
election for a Federal office.
    ``(25) The term `primary election period' means, with respect to 
any candidate, the period beginning on the day following the date of 
the last election for the specific office the candidate is seeking and 
ending on the earlier of--
            ``(A) the date of the first primary election for that 
        office following the last general election for that office; or
            ``(B) the date on which the candidate withdraws from the 
        election or otherwise ceases actively to seek election.
    ``(26) The term `runoff election' means an election held after a 
primary election which is prescribed by applicable State law as the 
means for deciding which candidate will be on the ballot in the general 
election for a Federal office.
    ``(27) The term `runoff election period' means, with respect to any 
candidate, the period beginning on the day following the date of the 
last primary election for the specific office such candidate is seeking 
and ending on the date of the runoff election for such office.
    ``(28) The term `voting age population' means the resident 
population, 18 years of age or older, as certified pursuant to section 
315(e).
    ``(29) The term `election cycle' means--
            ``(A) in the case of a candidate or the authorized 
        committees of a candidate, the term beginning on the day after 
        the date of the most recent general election for the specific 
        office or seat which such candidate seeks and ending on the 
        date of the next general election for such office or seat; or
            ``(B) for all other persons, the term beginning on the 
        first day following the date of the last general election and 
        ending on the date of the next general election.''.
    (b) Identification.--Section 301(13) of FECA (2 U.S.C. 431(13)) is 
amended by striking ``mailing address'' and inserting ``permanent 
residence address''.

SEC. 10015. PROVISIONS RELATING TO FRANKED MASS MAILINGS.

    Section 3210(a)(6)(C) of title 39, United States Code, is amended--
            (1) by striking ``if such mass mailing is postmarked fewer 
        than 60 days immediately before the date'' and inserting ``if 
        such mass mailing is postmarked during the calendar year''; and
            (2) by inserting ``or reelection'' immediately before the 
        period.

                  Subtitle B--Independent Expenditures

SEC. 10021. CLARIFICATION OF DEFINITIONS RELATING TO INDEPENDENT 
              EXPENDITURES.

    (a) Independent Expenditure Definition Amendment.--Section 301 of 
FECA (2 U.S.C. 431) is amended by striking paragraphs (17) and (18) and 
inserting the following:
    ``(17)(A) The term `independent expenditure' means an expenditure 
for an advertisement or other communication that--
            ``(i) contains express advocacy; and
            ``(ii) is made without the participation or cooperation of 
        a candidate or a candidate's representative.
    ``(B) The following shall not be considered an independent 
expenditure:
            ``(i) An expenditure made by a political committee of a 
        political party.
            ``(ii) An expenditure made by a person who, during the 
        election cycle, has communicated with or received information 
        from a candidate or a representative of that candidate 
        regarding activities that have the purpose of influencing that 
        candidate's election to Federal office, where the expenditure 
        is in support of that candidate or in opposition to another 
        candidate for that office.
            ``(iii) An expenditure if there is any arrangement, 
        coordination, or direction with respect to the expenditure 
        between the candidate or the candidate's agent and the person 
        making the expenditure.
            ``(iv) An expenditure if, in the same election cycle, the 
        person making the expenditure is or has been--
                    ``(I) authorized to raise or expend funds on behalf 
                of the candidate or the candidate's authorized 
                committees; or
                    ``(II) serving as a member, employee, or agent of 
                the candidate's authorized committees in an executive 
                or policymaking position.
            ``(v) An expenditure if the person making the expenditure 
        has advised or counseled the candidate or the candidate's 
        agents at any time on the candidate's plans, projects, or needs 
        relating to the candidate's pursuit of nomination for election, 
        or election, to Federal office, in the same election cycle, 
        including any advice relating to the candidate's decision to 
        seek Federal office.
            ``(vi) An expenditure if the person making the expenditure 
        retains the professional services of any individual or other 
        person also providing services in the same election cycle to 
        the candidate in connection with the candidate's pursuit of 
        nomination for election, or election, to Federal office, 
        including any services relating to the candidate's decision to 
        seek Federal office.
            ``(vii) An expenditure if the person making the expenditure 
        has consulted at any time during the calendar year in which the 
        election is to be held about the candidate's plans, projects, 
        or needs relating to the candidate's pursuit of nomination for 
        election, or election, to Federal office, with--
                    ``(I) any officer, director, employee or agent of a 
                party committee that has made or intends to make 
                expenditures or contributions, pursuant to subsections 
                (a), (d), or (h) of section 315 in connection with the 
                candidate's campaign; or
                    ``(II) any person whose professional services have 
                been retained by a political party committee that has 
                made or intends to make expenditures or contributions 
                pursuant to subsections (a), (d), or (h) of section 315 
                in connection with the candidate's campaign.
For purposes of this subparagraph, the person making the expenditure 
shall include any officer, director, employee, or agent of such person, 
and the term `professional services shall include any services (other 
than legal and accounting services for purposes of ensuring compliance 
with this title) in support of any candidate's or candidates' pursuit 
of nomination for election, or election, to Federal office.
    ``(18) The term `express advocacy' means, when a communication is 
taken as a whole and with limited reference to external events, an 
expression of support for or opposition to a specific candidate, to a 
specific group of candidates, or to candidates of a particular 
political party, or a suggestion to take action with respect to an 
election, such as to vote for or against, make contributions to, or 
participate in campaign activity.''.
    (b) Contribution Definition Amendment.--Section 301(8)(A) of FECA 
(2 U.S.C. 431(8)(A)) is amended--
            (1) in clause (i), by striking ``or'' after the semicolon 
        at the end;
            (2) in clause (ii), by striking the period at the end and 
        inserting ``; or''; and
            (3) by adding at the end the following new clause:
            ``(iii) any payment or other transaction referred to in 
        paragraph (17)(A)(i) that does not qualify as an independent 
        expenditure under paragraph (17)(A)(ii).''.

SEC. 10022. EQUAL BROADCAST TIME.

    Section 315(a) of the Communications Act of 1934 (47 U.S.C. 315(a)) 
is amended to read as follows:
    ``(a)(1) If a licensee permits any person who is a legally 
qualified candidate for public office to use a broadcasting station 
other than any use required to be provided under paragraph (2), the 
licensee shall afford equal opportunities to all other such candidates 
for that office in the use of the broadcasting station.
    ``(2)(A) A person who reserves broadcast time the payment for which 
would constitute an independent expenditure within the meaning of 
section 301(17) of the Federal Election Campaign Act of 1971 (2 U.S.C. 
431(17)) shall--
            ``(i) inform the licensee that payment for the broadcast 
        time will constitute an independent expenditure;
            ``(ii) inform the licensee of the names of all candidates 
        for the office to which the proposed broadcast relates and 
        state whether the message to be broadcast is intended to be 
made in support of or in opposition to each such candidate; and
            ``(iii) provide the licensee a copy of the statement 
        described in section 304(d) of the Federal Election Campaign 
        Act of 1971 (2 U.S.C. 434(d)).
    ``(B) A licensee who is informed as described in subparagraph (A) 
shall--
            ``(i) if any of the candidates described in subparagraph 
        (A)(ii) has provided the licensee the name and address of a 
        person to whom notification under this subparagraph is to be 
        given--
                    ``(I) notify such person of the proposed making of 
                the independent expenditure; and
                    ``(II) allow any such candidate (other than a 
                candidate for whose benefit the independent expenditure 
                is made) to purchase the same amount of broadcast time 
                immediately after the broadcast time paid for by the 
                independent expenditure; and
            ``(ii) in the case of an opponent of a candidate for whose 
        benefit the independent expenditure is made who certifies to 
        the licensee that the opponent is eligible to have the cost of 
        response broadcast time paid using funds derived from a payment 
        made under section 503(a)(3)(B) of the Federal Election 
        Campaign Act of 1971, afford the opponent such broadcast time 
        without requiring payment in advance and at the cost specified 
        in subsection (b).
    ``(3) A licensee shall have no power of censorship over the 
material broadcast under this section.
    ``(4) Except as provided in paragraph (2), no obligation is imposed 
under this subsection upon any licensee to allow the use of its station 
by any candidate.
    ``(5)(A) Appearance by a legally qualified candidate on a--
            ``(i) bona fide newscast;
            ``(ii) bona fide news interview;
            ``(iii) bona fide news documentary (if the appearance of 
        the candidate is incidental to the presentation of the subject 
        or subjects covered by the news documentary); or
            ``(iv) on-the-spot coverage of bona fide news events 
        (including political conventions and activities incidental 
        thereto),
shall not be deemed to be use of a broadcasting station within the 
meaning of this subsection.
    ``(B) Nothing in subparagraph (A) shall be construed as relieving 
broadcasters, in connection with the presentation of newscasts, news 
interviews, news documentaries, and on-the-spot coverage of news 
events, from their obligation under this Act to operate in the public 
interest and to afford reasonable opportunity for the discussion of 
conflicting views on issues of public importance.
    ``(6)(A) A licensee that endorses a candidate for Federal office in 
an editorial shall, within the time stated in subparagraph (B), provide 
to all other candidates for election to the same office--
            ``(i) notice of the date and time of broadcast of the 
        editorial;
            ``(ii) a taped or printed copy of the editorial; and
            ``(iii) a reasonable opportunity to broadcast a response 
        using the licensee's facilities.
    ``(B) In the case of an editorial described in subparagraph (A) 
that--
            ``(i) is first broadcast 72 hours or more prior to the date 
        of a primary, runoff, or general election, the notice and copy 
        described in subparagraph (A) (i) and (ii) shall be provided 
        not later than 24 hours after the time of the first broadcast 
        of the editorial, and
            ``(ii) is first broadcast less than 72 hours before the 
        date of an election, the notice and copy shall be provided at a 
        time prior to the first broadcast that will be sufficient to 
        enable candidates a reasonable opportunity to prepare and 
        broadcast a response.''.

                        Subtitle C--Expenditures

                     PART I--PERSONAL LOANS; CREDIT

SEC. 10031. PERSONAL CONTRIBUTIONS AND LOANS.

    Section 315 of FECA (2 U.S.C. 441a) is amended by adding at the end 
the following new subsection:
    ``(j) Limitations on Payments to Candidates.--(1) If a candidate or 
a member of the candidate's immediate family made any loans to the 
candidate or to the candidate's authorized committees during any 
election cycle, no contributions received after the date of the general 
election for such election cycle may be used to repay such loans.
    ``(2) No contribution by a candidate or member of the candidate's 
immediate family may be returned to the candidate or member other than 
as part of a pro rata distribution of excess contributions to all 
contributors.''.

SEC. 10032. EXTENSIONS OF CREDIT.

    Section 301(8)(A) of FECA (2 U.S.C. 431(8)(A)), as amended by 
section 10021(b), is amended--
            (1) by striking ``or'' at the end of clause (ii);
            (2) by striking the period at the end of clause (iii) and 
        inserting ``; or''; and
            (3) by inserting at the end the following new clause:
                    ``(iv) with respect to a candidate and the 
                candidate's authorized committees, any extension of 
                credit for goods or services relating to advertising on 
                broadcasting stations, in newspapers or magazines, or 
                by mailings, or relating to other similar types of 
                general public political advertising, if such extension 
                of credit is--
                            ``(I) in an amount of more than $1,000; and
                            ``(II) for a period greater than the 
                        period, not in excess of 60 days, for which 
                        credit is generally extended in the normal 
                        course of business after the date on which such 
                        goods or services are furnished or the date of 
                        a mailing.''.

    PART II--PROVISIONS RELATING TO SOFT MONEY OF POLITICAL PARTIES

SEC. 10033. DEFINITIONS.

    (a) Contribution and Expenditure Exceptions.--(1) Clause (xii) of 
section 301(8)(B) of FECA (2 U.S.C. 431(8)(B)(xii)) is amended--
            (A) by inserting ``in connection with volunteer 
        activities'' after ``such committee''; and
            (B) by striking ``and'' at the end of subclause (2), by 
        inserting ``and'' at the end of subclause (3), and by adding at 
        the end the following new subclause:
                    ``(4) such activities are conducted solely by, or 
                any materials are distributed solely by, volunteers;''.
    (2) Clause (ix) of section 301(9)(B) of FECA (2 U.S.C. 
431(9)(B)(ix)) is amended--
            (A) by inserting ``in connection with volunteer 
        activities'' after ``such committee'', and
            (B) by striking ``and'' at the end of subclause (2), by 
        inserting ``and'' at the end of subclause (3), and by adding at 
        the end the following new subclause:
                    ``(4) any materials in connection with such 
                activities are prepared for distribution (and are 
                distributed) solely by volunteers;''.
    (b) Generic Activities; State Party Grassroots Fund.--Section 301 
of FECA (2 U.S.C. 431), as amended by section ____15, is amended by 
adding at the end thereof the following new paragraphs:
            ``(30) The term `generic campaign activity' means a 
        campaign activity that promotes a political party rather than 
        any particular Federal or non-Federal candidate.
            ``(31) The term `State Party Grassroots Fund' means a 
        separate segregated fund established and maintained by a State 
        committee of a political party solely for purposes of making 
        expenditures and other disbursements described in section 
        324(d).''.

SEC. 10034. CONTRIBUTIONS TO POLITICAL PARTY COMMITTEES.

    (a) Individual Contributions to State Party.--Paragraph (1) of 
section 315(a) of FECA (2 U.S.C. 441a(a)(1)) is amended by striking 
``or'' at the end of subparagraph (B), by redesignating subparagraph 
(C) as subparagraph (D), and by inserting after subparagraph (B) the 
following new subparagraph:
            ``(C) to--
                    ``(i) a State Party Grassroots Fund established and 
                maintained by a State committee of a political party in 
                any calendar year which, in the aggregate, exceed 
                $20,000;
                    ``(ii) any other political committee established 
                and maintained by a State committee of a political 
                party in any calendar year which, in the aggregate, 
                exceed $5,000,
        except that the aggregate contributions described in this 
        subparagraph which may be made by a person to the State Party 
        Grassroots Fund and all committees of a State Committee of a 
        political party in any State in any calendar year shall not 
        exceed $20,000; or''.
    (b) Multicandidate Committee Contributions to State Party.--
Paragraph (2) of section 315(a) of FECA (2 U.S.C. 441a(a)(2)) is 
amended by striking ``or'' at the end of subparagraph (B), by 
redesignating subparagraph (C) as subparagraph (D), and by inserting 
after subparagraph (B) the following new subparagraph:
            ``(C) to--
                    ``(i) a State Party Grassroots Fund established and 
                maintained by a State committee of a political party in 
                any calendar year which, in the aggregate, exceed 
                $15,000;
                    ``(ii) to any other political committee established 
                and maintained by a State committee of a political 
                party which, in the aggregate, exceed $5,000,
        except that the aggregate contributions described in this 
        subparagraph which may be made by a multicandidate political 
        committee to the State Party Grassroots Fund and all committees 
        of a State Committee of a political party in any State in any 
        calendar year shall not exceed $15,000; or''.
    (c) Overall Limit.--Paragraph (3) of section 315(a) of FECA (2 
U.S.C. 441a(a)(3)) is amended to read as follows:
    ``(3)(A) No individual shall make contributions during any election 
cycle (as defined in section 301(29)(B)) which, in the aggregate, 
exceed $60,000.
    ``(B) No individual shall make contributions during any calendar 
year--
            ``(i) to all candidates and their authorized political 
        committees which, in the aggregate, exceed $25,000; or
            ``(ii) to all political committees established and 
        maintained by State committees of a political party which, in 
        the aggregate, exceed $20,000.
    ``(C) For purposes of subparagraph (B)(i), any contribution made to 
a candidate or the candidate's authorized political committees in a 
year other than the calendar year in which the election is held with 
respect to which such contribution is made shall be treated as made 
during the calendar year in which the election is held.''.
    (d) Presidential Candidate Committee Transfers.--(1) Subparagraph 
(B) of section 315(b)(1) of FECA (2 U.S.C. 441a(b)(1)) is amended to 
read as follows:
                    ``(B) in the case of a campaign for election to 
                such office, an amount equal to the sum of--
                            ``(i) $20,000,000, plus
                            ``(ii) the lesser of--
                                    ``(I) 2 cents multiplied by the 
                                voting age population of the United 
                                States (as certified under subsection 
                                (e) of this section), or
                                    ``(II) the amounts transferred by 
                                the candidate and the authorized 
                                committees of the candidate to the 
                                national committee of the candidate's 
                                political party for distribution to 
                                State Party Grassroots Funds.''.
    (2) Subparagraph (A) of section 9002(11) of the Internal Revenue 
Code of 1986 (defining qualified campaign expense) is amended by 
striking ``or'' at the end of clause (ii), by inserting ``or'' at the 
end of clause (iii), and by inserting at the end the following new 
clause ``(iv) any transfers to the national committee of the 
candidate's political party for distribution to State Party Grassroots 
Funds (as defined in section 301(31) of the Federal Election Campaign 
Act of 1971) to the extent such transfers do not exceed the amount 
determined under section 315(b)(1)(B)(ii) of such Act,''.

SEC. 10035. PROVISIONS RELATING TO NATIONAL, STATE, AND LOCAL PARTY 
              COMMITTEES.

    (a) Soft Money of Committees of Political Parties.--Title III of 
FECA is amended by inserting after section 323 the following new 
section:

                      ``political party committees

    ``Sec. 324. (a) Limitations on National Committee.--(1) A national 
committee of a political party and the congressional campaign 
committees of a political party may not solicit or accept contributions 
or transfers not subject to the limitations, prohibitions, and 
reporting requirements of this Act.
    ``(2) Paragraph (1) shall not apply to contributions--
            ``(A) that--
                    ``(i) are to be transferred to a State committee of 
                a political party and are used solely for activities 
                described in clauses (xi) through (xvii) of paragraph 
                (9)(B) of section 301; or
                    ``(ii) are described in section 301(8)(B)(viii); 
                and
            ``(B) with respect to which contributors have been notified 
        that the funds will be used solely for the purposes described 
        in subparagraph (A).
    ``(b) Activities Subject to This Act.--Any amount solicited, 
received, expended, or disbursed directly or indirectly by a national, 
State, district, or local committee of a political party (including any 
subordinate committee) with respect to any of the following activities 
shall be subject to the limitations, prohibitions, and reporting 
requirements of this Act:
            ``(1)(A) Any get-out-the-vote activity conducted during a 
        calendar year in which an election for the office of President 
        is held.
            ``(B) Any other get-out-the-vote activity unless subsection 
        (c)(2) applies to the activity.
            ``(2) Any generic campaign activity.
            ``(3) Any activity that identifies or promotes a Federal 
        candidate, regardless of whether--
                    ``(A) a State or local candidate is also identified 
                or promoted; or
                    ``(B) any portion of the funds disbursed 
                constitutes a contribution or expenditure under this 
                Act.
            ``(4) Voter registration.
            ``(5) Development and maintenance of voter files during an 
        even-numbered calendar year.
            ``(6) Any other activity that--
                    ``(A) significantly affects a Federal election, or
                    ``(B) is not otherwise described in section 
                301(8)(B)(xvii).
Any amount spent to raise funds that are used, in whole or in part, in 
connection with activities described in the preceding paragraphs shall 
be subject to the limitations, prohibitions, and reporting requirements 
of this Act.
    ``(c) Get-Out-The-Vote Activities By State, District, and Local 
Committees of Political Parties.--(1) Except as provided in paragraph 
(2), any get-out-the-vote activity for a State or local candidate, or 
for a ballot measure, which is conducted by a State, district, or local 
committee of a political party (including any subordinate committee) 
shall be subject to the limitations, prohibitions, and reporting 
requirements of this Act.
    ``(2) Paragraph (1) shall not apply to any activity which the State 
committee of a political party certifies to the Commission is an 
activity which--
            ``(A) is conducted during a calendar year other than a 
        calendar year in which an election for the office of President 
        is held,
            ``(B) is exclusively on behalf of (and specifically 
        identifies only) one or more State or local candidates or 
        ballot measures, and
            ``(C) does not include any effort or means used to identify 
        or turn out those identified to be supporters of any Federal 
        candidate (including any activity that is undertaken in 
        coordination with, or on behalf of, a candidate for Federal 
        office).
    ``(d) State Party Grassroots Funds.--(1) A State committee of a 
political party may make disbursements and expenditures from its State 
Party Grassroots Fund only for--
            ``(A) any generic campaign activity;
            ``(B) payments described in clauses (v), (x), and (xii) of 
        paragraph (8)(B) and clauses (iv), (viii), and (ix) of 
        paragraph (9)(B) of section 301;
            ``(C) subject to the limitations of section 315(d), 
        payments described in clause (xii) of paragraph (8)(B), and 
        clause (ix) of paragraph (9)(B), of section 301 on behalf of 
        candidates other than for President and Vice President;
            ``(D) voter registration; and
            ``(E) development and maintenance of voter files during an 
        even-numbered calendar year.
    ``(2) Notwithstanding section 315(a)(4), no funds may be 
transferred by a State committee of a political party from its State 
Party Grassroots Fund to any other State Party Grassroots Fund or to 
any other political committee, except a transfer may be made to a 
district or local committee of the same political party in the same 
State if such district or local committee--
            ``(A) has established a separate segregated fund for the 
        purposes described in paragraph (1); and
            ``(B) uses the transferred funds solely for those purposes.
    ``(e) Amounts Received by Grassroots Fund From State and Local 
Candidate Committees.--(1) Any amount received by a State Party 
Grassroots Fund from a State or local candidate committee for 
expenditures described in subsection (b) that are for the benefit of 
that candidate shall be treated as meeting the requirements of 
subsection (b) and section 304(e) if--
            ``(A) such amount is derived from funds which meet the 
        requirements of this Act with respect to any limitation or 
        prohibition as to source or dollar amount specified in section 
        315(a) (1)(A) and (2)(A); and
            ``(B) the State or local candidate committee--
                    ``(i) maintains, in the account from which payment 
                is made, records of the sources and amounts of funds 
                for purposes of determining whether such requirements 
                are met; and
                    ``(ii) certifies that such requirements were met.
    ``(2) For purposes of paragraph (1)(A), in determining whether the 
funds transferred meet the requirements of this Act described in such 
paragraph--
            ``(A) a State or local candidate committee's cash on hand 
        shall be treated as consisting of the funds most recently 
        received by the committee, and
            ``(B) the committee must be able to demonstrate that its 
        cash on hand contains sufficient funds meeting such 
        requirements as are necessary to cover the transferred funds.
    ``(3) Notwithstanding paragraph (1), any State Party Grassroots 
Fund receiving any transfer described in paragraph (1) from a State or 
local candidate committee shall be required to meet the reporting 
requirements of this Act, and shall submit to the Commission all 
certifications received, with respect to receipt of the transfer from 
such candidate committee.
    ``(4) For purposes of this subsection, a State or local candidate 
committee is a committee established, financed, maintained, or 
controlled by a candidate for other than Federal office.''.
    (b) Contributions and Expenditures.--(1) Section 301(8)(B) of FECA 
(2 U.S.C. 431(8)(B)) is amended by striking ``and'' at the end of 
clause (xiii), by striking the period at the end of clause (xiv) and 
inserting a semicolon, and by adding at the end the following new 
clauses:
                            ``(xv) any amount contributed to a 
                        candidate for other than Federal office;
                            ``(xvi) any amount received or expended to 
                        pay the costs of a State or local political 
                        convention;
                            ``(xvii) any payment for campaign 
                        activities that are exclusively on behalf of 
                        (and specifically identify only) State or local 
                        candidates and do not identify any Federal 
                        candidate, and that are not activities 
                        described in section 324(b) (without regard to 
                        paragraph (6)(B)) or section 324(c)(1);
                            ``(xviii) any payment for administrative 
                        expenses of a State or local committee of a 
                        political party, including expenses for--
                                    ``(I) overhead, including party 
                                meetings;
                                    ``(II) staff (other than 
                                individuals devoting a significant 
                                amount of their time to elections for 
                                Federal office and individuals engaged 
                                in conducting get-out-the-vote 
                                activities for a Federal election); and
                                    ``(III) conducting party elections 
                                or caucuses;
                            ``(xix) any payment for research pertaining 
                        solely to State and local candidates and 
                        issues;
                            ``(xx) any payment for development and 
                        maintenance of voter files other than during 
                        the 1-year period ending on the date during an 
                        even-numbered calendar year on which regularly 
                        scheduled general elections for Federal office 
                        occur; and
                            ``(xxi) any payment for any other activity 
                        which is solely for the purpose of influencing, 
                        and which solely affects, an election for non-
                        Federal office and which is not an activity 
                        described in section 324(b) (without regard to 
                        paragraph (6)(B)) or section 324(c)(1).''.
    (2) Section 301(9)(B) of FECA (2 U.S.C. 431(9)(B)) is amended by 
striking ``and'' at the end of clause (ix), by striking the period at 
the end of clause (x) and inserting a semicolon, and by adding at the 
end the following new clauses:
                            ``(xi) any amount contributed to a 
                        candidate for other than Federal office;
                            ``(xii) any amount received or expended to 
                        pay the costs of a State or local political 
                        convention;
                            ``(xiii) any payment for campaign 
                        activities that are exclusively on behalf of 
                        (and specifically identify only) State or local 
                        candidates and do not identify any Federal 
                        candidate, and that are not activities 
                        described in section 324(b) (without regard to 
                        paragraph (6)(B)) or section 324(c)(1);
                            ``(xiv) any payment for administrative 
                        expenses of a State or local committee of a 
                        political party, including expenses for--
                                    ``(I) overhead, including party 
                                meetings;
                                    ``(II) staff (other than 
                                individuals devoting a significant 
                                amount of their time to elections for 
                                Federal office and individuals engaged 
                                in conducting get-out-the-vote 
                                activities for a Federal election); and
                                    ``(III) conducting party elections 
                                or caucuses;
                            ``(xv) any payment for research pertaining 
                        solely to State and local candidates and 
                        issues;
                            ``(xvi) any payment for development and 
                        maintenance of voter files other than during 
                        the 1-year period ending on the date during an 
                        even-numbered calendar year on which regularly 
                        scheduled general elections for Federal office 
                        occur; and
                            ``(xvii) any payment for any other activity 
                        which is solely for the purpose of influencing, 
                        and which solely affects, an election for non-
                        Federal office and which is not an activity 
                        described in section 324(b) (without regard to 
                        paragraph (6)(B)) or section 324(c)(1).''.
    (c) Limitation Applied at National Level.--Paragraph (3) of section 
315(d) of FECA (2 U.S.C. 441a(d)(3)) is amended by adding at the end 
the following new sentence:
``Notwithstanding the preceding sentence, the applicable congressional 
campaign committee of a political party shall make the expenditures 
described in this paragraph which are authorized to be made by a 
national or State committee with respect to a candidate in any State 
unless it allocates all or a portion of such expenditures to either or 
both of such committees.''.
    (d) Limitations Apply for Entire Election Cycle.--Section 315(d)(1) 
of FECA (2 U.S.C. 441a(d)(1)) is amended by adding at the end the 
following new sentence: ``Each limitation under the following 
paragraphs shall apply to the entire election cycle for an office.''.

SEC. 10036. RESTRICTIONS ON FUNDRAISING BY CANDIDATES AND 
              OFFICEHOLDERS.

    (a) State Fundraising Activities.--Section 315 of FECA (2 U.S.C. 
441a), as amended by section 10031, is amended by adding at the end the 
following new subsection:
    ``(k) Limitations on Fundraising Activities of Federal Candidates 
and Officeholders and Certain Political Committees.--(1) For purposes 
of this Act, a candidate for Federal office, an individual holding 
Federal office, or any agent of the candidate or individual may not 
solicit funds to, or receive funds on behalf of, any Federal or non-
Federal candidate or political committee--
            ``(A) which are to be expended in connection with any 
        election for Federal office unless such funds are subject to 
        the limitations, prohibitions, and requirements of this Act; or
            ``(B) which are to be expended in connection with any 
        election for other than Federal office unless such funds are 
        not in excess of amounts permitted with respect to Federal 
        candidates and political committees under subsections (a) (1) 
        and (2), and are not from sources prohibited by such 
        subsections with respect to elections to Federal office.
    ``(2)(A) The aggregate amount which a person described in 
subparagraph (B) may solicit from a multicandidate political committee 
for State committees described in subsection (a)(1)(C) (including 
subordinate committees) for any calendar year shall not exceed the 
dollar amount in effect under subsection (a)(2)(B) for the calendar 
year.
    ``(B) A person is described in this subparagraph if such person is 
a candidate for Federal office, an individual holding Federal office, 
an agent of such a candidate or individual, or any national, State, 
district, or local committee of a political party (including a 
subordinate committee) and any agent of such a committee.
    ``(3) The appearance or participation by a candidate for Federal 
office or individual holding Federal office in any fundraising event 
conducted by a committee of a political party or a candidate for other 
than Federal office shall not be treated as a solicitation for purposes 
of paragraph (1) if such candidate or individual does not solicit or 
receive, or make disbursements from, any funds resulting from such 
activity.
    ``(4) Paragraph (1) shall not apply to the solicitation or receipt 
of funds, or disbursements, by an individual who is a candidate for 
other than Federal office if such activity is permitted under State 
law.
    ``(5) For purposes of this subsection, an individual shall be 
treated as holding Federal office if such individual--
            ``(A) holds a Federal office; or
            ``(B) holds a position described in level I of the 
        Executive Schedule under section 5312 of title 5, United States 
        Code.''.
    (b) Tax-Exempt Organizations.--Section 315 of FECA (2 U.S.C. 441a), 
as amended by subsection (a), is amended by adding at the end thereof 
the following new subsection:
    ``(l) Tax-Exempt Organizations.--(1) If an individual is a 
candidate for, or holds, Federal office during any period, such 
individual may not during such period solicit contributions to, or on 
behalf of, any organization which is described in section 501(c) of the 
Internal Revenue Code of 1986 if a significant portion of the 
activities of such organization include voter registration or get-out-
the-vote campaigns.
    ``(2) For purposes of this subsection, an individual shall be 
treated as holding Federal office if such individual--
            ``(A) holds a Federal office; or
            ``(B) holds a position described in level I of the 
        Executive Schedule under section 5312 of title 5, United States 
        Code.''.

SEC. 10037. REPORTING REQUIREMENTS.

    (a) Reporting Requirements.--Section 304 of FECA (2 U.S.C. 434), as 
amended by section 10012(a), is amended by adding at the end thereof 
the following new subsection:
    ``(e) Political Committees.--(1) The national committee of a 
political party and any congressional campaign committee of a political 
party, and any subordinate committee of either, shall report all 
receipts and disbursements during the reporting period, whether or not 
in connection with an election for Federal office.
    ``(2) A political committee (not described in paragraph (1)) to 
which section 324 applies shall report all receipts and disbursements 
including separate schedules for receipts and disbursements for State 
Grassroots Funds described in section 301(31).
    ``(3) Any political committee to which section 324 applies shall 
include in its report under paragraph (1) or (2) the amount of any 
transfer described in section 324(d)(2) and shall itemize such amounts 
to the extent required by section 304(b)(3)(A).
    ``(4) Any political committee to which paragraph (1) or (2) does 
not apply shall report any receipts or disbursements which are used in 
connection with a Federal election.
    ``(5) If a political committee has receipts or disbursements to 
which this subsection applies from any person aggregating in excess of 
$200 for any calendar year, the political committee shall separately 
itemize its reporting for such person in the same manner as subsection 
(b) (3)(A), (5), or (6).
    ``(6) Reports required to be filed by this subsection shall be 
filed for the same time periods required for political committees under 
subsection (a).''.
    (b) Report of Exempt Contributions.--Section 301(8) of the Federal 
Election Campaign Act of 1971 (2 U.S.C. 431(8)) is amended by inserting 
at the end thereof the following:
                    ``(C) The exclusion provided in clause (viii) of 
                subparagraph (B) shall not apply for purposes of any 
                requirement to report contributions under this Act, and 
                all such contributions aggregating in excess of $200 
                shall be reported.''.
    (c) Reports by State Committees.--Section 304 of FECA (2 U.S.C. 
434), as amended by subsection (a), is amended by adding at the end 
thereof the following new subsection:
    ``(f) Filing of State Reports.--In lieu of any report required to 
be filed by this Act, the Commission may allow a State committee of a 
political party to file with the Commission a report required to be 
filed under State law if the Commission determines such reports contain 
substantially the same information.''.
    (d) Other Reporting Requirements.--
            (1) Authorized committees.--Paragraph (4) of section 304(b) 
        of FECA (2 U.S.C. 434(b)(4)) is amended by striking ``and'' at 
        the end of subparagraph (H), by inserting ``and'' at the end of 
        subparagraph (I), and by adding at the end the following new 
        subparagraph:
                    ``(J) in the case of an authorized committee, 
                disbursements for the primary election, the general 
                election, and any other election in which the candidate 
                participates;''.
            (2) Names and addresses.--Subparagraph (A) of section 
        304(b)(5) of FECA (2 U.S.C. 434(b)(5)(A)) is amended--
                    (A) by striking ``within the calendar year'', and
                    (B) by inserting ``, and the election to which the 
                operating expenditure relates'' after ``operating 
                expenditure''.

                       Subtitle D--Contributions

SEC. 10041. CONTRIBUTIONS THROUGH INTERMEDIARIES AND CONDUITS; 
              PROHIBITION ON CERTAIN CONTRIBUTIONS BY LOBBYISTS.

    (a) Contributions Through Intermediaries and Conduits.--Section 
315(a)(8) of FECA (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 that are in any way earmarked or 
        otherwise directed through an intermediary or conduit to a 
        candidate, shall be treated as contributions from the person to 
        the candidate. If a contribution is made to a candidate through 
        an intermediary or conduit, the intermediary or conduit shall 
        report the original source and the intended recipient of the 
        contribution to the Commission and to the intended recipient.
            ``(B) Contributions made directly or indirectly by a person 
        to or on behalf of a particular candidate through an 
        intermediary or conduit, including contributions arranged to be 
        made by an intermediary or conduit, shall be treated as 
        contributions from the intermediary or conduit to the candidate 
        if--
                    ``(i) the contributions made through the 
                intermediary or conduit are in the form of a check or 
                other negotiable instrument made payable to the 
                intermediary or conduit rather than the intended 
                recipient; or
                    ``(ii) the intermediary or conduit is--
                            ``(I) a political committee which is not 
                        described in subparagraph (E), a political 
                        party, or an officer, employee, or agent of 
                        either;
                            ``(II) an individual whose activities are 
                        required to be reported under section 308 of 
                        the Federal Regulation of Lobbying Act (2 
                        U.S.C. 267), the Foreign Agents Registration 
                        Act of 1938 (22 U.S.C. 611 et seq.), or any 
                        successor Federal law requiring a person who is 
                        a lobbyist or foreign agent to report its 
                        activities;
                            ``(III) a person which is prohibited from 
                        making contributions under section 316 or which 
                        is a partnership; or
                            ``(IV) an officer, employee, or agent of a 
                        person described in subclause (II) or (III) 
                        acting on behalf of such person.
            ``(C)(i) The term `contributions arranged to be made' 
        includes--
                    ``(I) contributions delivered to a particular 
                candidate or the candidate's authorized committee or 
                agent by the person who arranged for the making of the 
                contribution; and
                    ``(II) contributions to a particular candidate or 
                the candidate's authorized committee or agent that are 
                made or arranged to be made so as to identify to the 
                candidate or authorized committee or agent the person 
                who arranged for the making of the contribution.
            ``(ii) The term `acting on behalf of such person' includes 
        the following activities by an officer, employee, or agent of a 
        person described in subparagraph (B)(ii) (II) or (III):
                    ``(I) Soliciting the making of a contribution to a 
                particular candidate in the name of such a person.
                    ``(II) Soliciting the making of a contribution to a 
                particular candidate using other than incidental 
                resources of such a person.
                    ``(III) Soliciting contributions for a particular 
                candidate by directing a substantial portion of the 
                solicitations to other officers, employees, or agents 
                of such a person.
            ``(iii) Except for purposes of subclauses (I) and (II) of 
        clause (ii), an individual shall not be treated as an officer, 
        employee, or agent of a person if--
                    ``(I) in the case of a membership organization, the 
                individual is a member of the organization, or
                    ``(II) the individual serves on the board of the 
                person and the individual does not receive any 
                compensation from that person (or any subsidiary or 
affiliated person) by reason of serving in that capacity.
            ``(D) Nothing in this paragraph shall apply to--
                    ``(i) bona fide joint fundraising efforts conducted 
                solely for the purpose of sponsorship of a fundraising 
                reception, dinner, or other similar event, in 
                accordance with rules prescribed by the Commission, by 
                2 or more candidates acting on their own behalf;
                    ``(ii) fundraising efforts for the benefit of a 
                candidate that are conducted by another candidate or 
                Federal officeholder; or
                    ``(iii) the solicitation by an individual, using 
                the individual's own resources and acting in the 
                individual's own name, of contributions from other 
                persons in a manner that does not identify the 
                solicitor with the making of the contribution.
            ``(E)(i) For purposes of subparagraph (B)(ii)(I), a 
        political committee described in this subparagraph is one 
        which--
                    ``(I) does not have a connected organization;
                    ``(II) has not contracted for the services of, and 
                does not employ on a full or part-time basis, any 
                individual described in subparagraph (B)(ii)(II) during 
                the same election cycle; and
                    ``(III) is not affiliated with any person or 
                organization that has contracted for the services of, 
                or has employed on a full or part-time basis, any 
                individual described in subparagraph (B)(ii)(II) during 
                the same election cycle.
            ``(ii) For purposes of clause (i)(III), organizations are 
        affiliated if they are established, financed, maintained, or 
        controlled by the same person or group of persons. Evidence of 
        such affiliation includes, but is not limited to--
                    ``(I) common membership, employees, officers, or 
                facilities;
                    ``(II) the donation, contribution, or transfer of 
                funds between the organizations;
                    ``(III) the exchange, sharing, or disclosure of any 
                membership, mailing, contributor, or other list of 
                names; or
                    ``(IV) the authority or ability to direct, or to 
                participate in, the governance or decisionmaking of an 
                organization.''
    (b) Reporting of Earmarked Contributions.--Section 304, as amended 
by section 10037, is further amended by adding the following new 
subsection:
    ``(f) Reporting of Earmarked Contributions.--(1) An intermediary or 
conduit shall report the original source and the intended recipient of 
each contribution forwarded to a candidate in accordance with section 
315(a)(8), and the identification of each contributor as required by 
subsection (b)(3). The intermediary or conduit shall also report the 
total amount of contributions made through the intermediary or conduit 
for each candidate to whom contributions were directed in the reporting 
period, the dates on which the contributions were received for that 
candidate, and the dates on which they were forwarded to the candidate.
    ``(2) An authorized committee which receives contributions through 
an intermediary or conduit shall report the total amount received 
through each intermediary or conduit in the reporting period, the dates 
the contributions were received, and the identification of each 
contributor as required by subsection (b)(3).''.
    (c) Prohibition of Certain Contributions by Lobbyists.--Section 315 
of FECA (2 U.S.C. 441a), as amended by section 10036(b), is amended by 
adding at the end the following new subsection:
    ``(m)(1) A lobbyist, or a political committee controlled by a 
lobbyist, shall not make a contribution to--
            ``(A) a Federal officeholder or candidate for Federal 
        office if, during the preceding 12 months, the lobbyist has 
        made a lobbying contact with such officeholder or candidate; or
            ``(B) any authorized committee of the President or Vice 
        President of the United States if, during the preceding 12 
        months, the lobbyist has made a lobbying contact with a covered 
        executive branch official.
    ``(2) A lobbyist who, or a lobbyist whose political committee, has 
made any contribution to any member of Congress or candidate for 
Congress (or any authorized committee of the President) shall not, 
during the 12 months following such contribution, make a lobbying 
contact with such member or candidate who becomes a member of Congress 
or with a covered executive branch official.
    ``(3) For purposes of this subsection--
            ``(A) the term `covered executive branch official' means 
        the President, Vice President, any officer or employee of the 
        executive office of the President other than a clerical or 
        secretarial employee, any officer or employee serving in an 
        Executive Level I, II, III, IV, or V position as designated in 
        statute or Executive order, any officer or employee serving in 
        a senior executive service position (as defined in section 
        3232(a)(2) of title 5, United States Code), any member of the 
        uniformed services whose pay grade is at or in excess of 0-7 
        under section 201 of title 37, United States Code, and any 
        officer or employee serving in a position of confidential or 
        policy-determining character under schedule C of the excepted 
        service pursuant to regulations implementing section 2103 of 
        title 5, United States Code;
            ``(B) the term `lobbyist' means--
                    ``(i) a person required to register under section 
                308 of the Federal Regulation of Lobbying Act (2 U.S.C. 
                267) or the Foreign Agents Registration Act of 1938 (22 
                U.S.C. 611 et seq.) or any successor Federal law 
                requiring a person who is a lobbyist or foreign agent 
                to register or a person to report its lobbying 
                activities; or
            ``(C) the term `lobbying contact'--
                    ``(i) means an oral or written communication with 
                or appearance before a member of Congress or covered 
                executive branch official made by a lobbyist 
                representing an interest of another person with regard 
                to--
                            ``(I) the formulation, modification, or 
                        adoption of Federal legislation (including a 
                        legislative proposal);
                            ``(II) the formulation, modification, or 
                        adoption of a Federal rule, regulation, 
                        Executive order, or any other program, policy 
                        or position of the United States Government; or
                            ``(III) the administration or execution of 
                        a Federal program or policy (including the 
                        negotiation, award, or administration of a 
                        Federal contract, grant, loan, permit, or 
                        license); but
                    ``(ii) does not include a communication that is--
                            ``(I) made by a public official acting in 
                        an official capacity;
                            ``(II) made by a representative of a media 
                        organization who is primarily engaged in 
                        gathering and disseminating news and 
                        information to the public;
                            ``(III) made in a speech, article, 
                        publication, or other material that is widely 
                        distributed to the public or through the media;
                            ``(IV) a request for an appointment, a 
                        request for the status of a Federal action, or 
                        another similar ministerial contact, if there 
                        is no attempt to influence a member of Congress 
                        or covered executive branch official at the 
                        time of the contact;
                            ``(V) made in the course of participation 
                        in an advisory committee subject to the Federal 
                        Advisory Committee Act (5 U.S.C. App.);
                            ``(VI) testimony given before a committee, 
                        subcommittee, or office of Congress a Federal 
                        agency, or submitted for inclusion in the 
                        public record of a hearing conducted by the 
                        committee, subcommittee, or office;
                            ``(VII) information provided in writing in 
                        response to a specific written request from a 
                        member of Congress or covered executive branch 
                        official;
                            ``(VIII) required by subpoena, civil 
                        investigative demand, or otherwise compelled by 
                        statute, regulation, or other action of 
                        Congress or a Federal agency;
                            ``(IX) made to an agency official with 
                        regard to a judicial proceeding, criminal or 
                        civil law enforcement inquiry, investigation, 
                        or proceeding, or filing required by law;
                            ``(X) made in compliance with written 
                        agency procedures regarding an adjudication 
                        conducted by the agency under section 554 of 
                        title 5, United States Code, or substantially 
                        similar provisions;
                            ``(XI) a written comment filed in a public 
                        docket and other communication that is made on 
                        the record in a public proceeding;
                            ``(XII) a formal petition for agency 
                        action, made in writing pursuant to established 
                        agency procedures; or
                            ``(XIII) made on behalf of a person with 
                        regard to the person's benefits, employment, 
                        other personal matters involving only that 
                        person, or disclosures pursuant to a 
                        whistleblower statute.''.
    ``(5) For purposes of this subsection, a lobbyist shall be 
considered to make a lobbying contact or communication with a member of 
Congress if the lobbyist makes a lobbying contact or communication 
with--
            ``(A) the member of Congress;
            ``(B) any person employed in the office of the member of 
        Congress; or
            ``(C) any person employed by a committee, joint committee, 
        or leadership office who, to the knowledge of the lobbyist, was 
        employed at the request of or is employed at the pleasure of, 
        reports primarily to, represents, or acts as the agent of the 
        member of Congress.''.

SEC. 10042. CONTRIBUTIONS BY DEPENDENTS NOT OF VOTING AGE.

    Section 315 of FECA (2 U.S.C. 441a), as amended by section 
10041(c), is amended by adding at the end the following new subsection:
    ``(n) For purposes of this section, any contribution by an 
individual who--
            ``(1) is a dependent of another individual; and
            ``(2) has not, as of the time of such contribution, 
        attained the legal age for voting for elections to Federal 
        office in the State in which such individual resides,
shall be treated as having been made by such other individual. If such 
individual is the dependent of another individual and such other 
individual's spouse, the contribution shall be allocated among such 
individuals in the manner determined by them.''.

SEC. 10043. CONTRIBUTIONS TO CANDIDATES FROM STATE AND LOCAL COMMITTEES 
              OF POLITICAL PARTIES TO BE AGGREGATED.

    Section 315(a) of FECA (2 U.S.C. 441a(a)) is amended by adding at 
the end the following new paragraph:
    ``(9) Notwithstanding paragraph (5)(B), a candidate for Federal 
office may not accept, with respect to an election, any contribution 
from a State or local committee of a political party (including any 
subordinate committee of such committee), if such contribution, when 
added to the total of contributions previously accepted from all such 
committees of that political party, exceeds a limitation on 
contributions to a candidate under this section.''.

SEC. 10044. CONTRIBUTIONS AND EXPENDITURES USING MONEY SECURED BY 
              PHYSICAL FORCE OR OTHER INTIMIDATION.

    Title III of FECA, as amended by section 10054, is amended by 
adding at the end the following new section:

``contributions and expenditures using money secured by physical force 
                         or other intimidation

    ``Sec. 326. It shall be unlawful for any person to--
            ``(1) cause another person to make a contribution or 
        expenditure by using physical force, job discrimination, 
        financial reprisals, or the threat of physical force, job 
        discrimination, or financial reprisal; or
            ``(2) make a contribution or expenditure utilizing money or 
        anything of value secured in the manner described in paragraph 
        (1).''.

SEC. 10045. PROHIBITION OF ACCEPTANCE BY A CANDIDATE OF CASH 
              CONTRIBUTIONS FROM ANY ONE PERSON AGGREGATING MORE THAN 
              $100.

    Section 321 of FECA (2 U.S.C. 441g) is amended by inserting ``, and 
no candidate or authorized committee of a candidate shall accept from 
any one person,'' after ``make''.

                       Subtitle E--Miscellaneous

SEC. 10051. PROHIBITION OF LEADERSHIP COMMITTEES.

    Section 302(e) of FECA (2 U.S.C. 432(e)) is amended--
            (1) by amending paragraph (3) 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.''; and
            (2) by adding at the end the following new paragraph:
    ``(6)(A) A candidate for Federal office or any individual holding 
Federal office may not establish, finance, maintain, or control any 
Federal or non-Federal political committee other than a principal 
campaign committee of the candidate, authorized committee, party 
committee, or other political committee designated in accordance with 
paragraph (3). A candidate for more than one Federal office may 
designate a separate principal campaign committee for each Federal 
office. This paragraph shall not preclude a Federal officeholder who is 
a candidate for State or local office from establishing, financing, 
maintaining, or controlling a political committee for election of the 
individual to such State or local office.
    ``(B) For one year after the effective date of this paragraph, any 
political committee established before such date but which is 
prohibited under subparagraph (A) may continue to make contributions. 
At the end of that period such political committee shall disburse all 
funds by one or more of the following means: making contributions to an 
entity qualified under section 501(c)(3) of the Internal Revenue Code 
of 1986; making a contribution to the treasury of the United States; 
contributing to the national, State or local committees of a political 
party; or making contributions not to exceed $1,000 to candidates for 
elective office.''.

SEC. 10052. TELEPHONE VOTING BY PERSONS WITH DISABILITIES.

    (a) Study of Systems To Permit Persons With Disabilities To Vote by 
Telephone.--
            (1) In general.--The Federal Election Commission shall 
        conduct a study to determine the feasibility of developing a 
        system or systems by which persons with disabilities may be 
        permitted to vote by telephone.
            (2) Consultation.--The Federal Election Commission shall 
        conduct the study described in paragraph (1) in consultation 
        with State and local election officials, representatives of the 
        telecommunications industry, representatives of persons with 
        disabilities, and other concerned members of the public.
            (3) Criteria.--The system or systems developed pursuant to 
        paragraph (1) shall--
                    (A) propose a description of the kinds of 
                disabilities that impose such difficulty in travel to 
                polling places that a person with a disability who may 
                desire to vote is discouraged from undertaking such 
                travel;
                    (B) propose procedures to identify persons who are 
                so disabled; and
                    (C) describe procedures and equipment that may be 
                used to ensure that--
                            (i) only those persons who are entitled to 
                        use the system are permitted to use it;
                            (ii) the votes of persons who use the 
                        system are recorded accurately and remain 
                        secret;
                            (iii) the system minimizes the possibility 
                        of vote fraud; and
                            (iv) the system minimizes the financial 
                        costs that State and local governments would 
                        incur in establishing and operating the system.
            (4) Requests for proposals.--In developing a system 
        described in paragraph (1), the Federal Election Commission may 
        request proposals from private contractors for the design of 
        procedures and equipment to be used in the system.
            (5) Physical access.--Nothing in this section is intended 
        to supersede or supplant efforts by State and local governments 
        to make polling places physically accessible to persons with 
        disabilities.
            (6) Deadline.--The Federal Election Commission shall submit 
        to Congress the study required by this section not later than 1 
        year after the effective date of this Act.

SEC. 10053. CERTAIN TAX-EXEMPT ORGANIZATIONS NOT SUBJECT TO CORPORATE 
              LIMITS.

    Section 316 of FECA (2 U.S.C. 441b) is amended by adding at the end 
the following new subsection:
    ``(c) Prohibitions Not To Apply to Independent Expenditures of 
Certain Tax-Exempt Organizations.--(1) Nothing in this section shall 
preclude a qualified nonprofit corporation from making independent 
expenditures (as defined in section 301(17)).
    ``(2) For purposes of this subsection, the term `qualified 
nonprofit corporation' means a corporation exempt from taxation under 
section 501(a) of the Internal Revenue Code of 1986 which is described 
in section 501(c)(4) of such Code and which meets the following 
requirements:
            ``(A) Its only express purpose is the promotion of 
        political ideas.
            ``(B) It cannot and does not engage in any activities that 
        constitute a trade or business.
            ``(C) Its gross receipts for the calendar year have not 
        (and will not) exceed $100,000, and the net value of its total 
        assets at any time during the calendar year do not exceed 
        $250,000.
            ``(D) It was not established by a person described in 
        section 501(c)(6) of the Internal Revenue Code of 1986 that is 
        exempt from taxation under section 501(a) of such Code, a 
        corporation engaged in carrying out a trade or business, or a 
        labor organization, and it cannot and does not directly or 
        indirectly accept donations of anything of value from any such 
        person, corporation, or labor organization.
            ``(E) It--
                    ``(i) has no shareholder or other person affiliated 
                with it that could make a claim on its assets or 
                earnings, and
                    ``(ii) offers no incentives or disincentives for 
                associating or not associating with it other than on 
                the basis of its position on any political issue.
    ``(3) If a major purpose of a qualified nonprofit corporation is 
the making of independent expenditures, and the requirements of section 
301(4) are met with respect to the corporation, the corporation shall 
be treated as a political committee.
    ``(4) All solicitations by a qualified nonprofit corporation shall 
include a notice informing contributors that donations may be used by 
the corporation to make independent expenditures.
    ``(5) A qualified nonprofit corporation shall file reports as 
required by section 304 (c) and (d).

SEC. 10054. AIDING AND ABETTING VIOLATIONS OF FECA.

    Title III of FECA, as amended by section 10035, is amended by 
adding at the end the following new section:

                    ``aiding and abetting violations

    ``Sec. 325. With reference to any provision of this Act that places 
a requirement or prohibition on any person acting in a particular 
capacity, any person who knowingly aids or abets the person in that 
capacity in violating that provision may be proceeded against as a 
principal in the violation.''.

SEC. 10055. CAMPAIGN ADVERTISING THAT REFERS TO AN OPPONENT.

    Title III of FECA, as amended by section 10002, is amended by 
adding at the end the following new section:

           ``campaign advertising that refers to an opponent

    ``Sec. 328. (a) Candidates.--A candidate or candidate's authorized 
committee that places in the mail a campaign advertisement or any other 
communication to the general public that directly or indirectly refers 
to an opponent or the opponents of the candidate in an election, with 
or without identifying any opponent in particular, shall file an exact 
copy of the communication with the Commission and with the Secretary of 
State of the candidate's State by no later than 12:00 p.m. on the day 
on which the communication is first placed in the mail to the general 
public.
    ``(b) Persons Other Than Candidates.--A person other than a 
candidate or candidate's authorized committee that places in the mail a 
campaign advertisement or any other communication to the general public 
that--
            ``(1) advocates the election of a particular candidate in 
        an election; and
            ``(2) directly or indirectly refers to an opponent or the 
        opponents of the candidate in the election, with or without 
        identifying any opponent in particular,
shall file an exact copy of the communication with the Commission and 
with the Secretary of State of the candidate's State by no later than 
12:00 p.m. on the day on which the communication is first placed in the 
mail to the general public.''.

SEC. 10056. LIMIT ON CONGRESSIONAL USE OF THE FRANKING PRIVILEGE.

    Section 3210(a)(6)(A) of title 39, United States Code, is amended 
to read as follows:
    ``(A) A Member of Congress may not mail any mass mailing as franked 
mail during a year in which there will be an election for the seat held 
by the Member during the period between January 1 of that year and the 
date of the general election for that office, unless the Member has 
made a public announcement that the Member will not be a candidate for 
reelection to that seat or for election to any other Federal office.''.

              Subtitle F--Effective Dates; Authorizations

SEC. 10061. EFFECTIVE DATE.

    Except as otherwise provided in this title, the amendments made by, 
and the provisions of, this title shall take effect on the date of the 
enactment of this title.

SEC. 10062. BUDGET NEUTRALITY.

    (a) Delayed Effectiveness.--The provisions of this title (other 
than this section) shall not be effective until the Director of the 
Office of Management and Budget certifies that the estimated costs 
under section 252 of the Balanced Budget and Emergency Deficit Control 
Act of 1985 have been offset by the enactment of legislation 
effectuating this title.
    (b) Funding.--Legislation effectuating this title shall not provide 
for general revenue increases, reduce expenditures for any existing 
Federal program, or increase the Federal budget deficit.

SEC. 10063. SEVERABILITY.

    Except as provided in section 10001(c), if any provision of this 
title (including any amendment made by this title), or the application 
of any such provision to any person or circumstance, is held invalid, 
the validity of any other provision of this title, or the application 
of such provision to other persons and circumstances, shall not be 
affected thereby.

SEC. 10064. EXPEDITED REVIEW OF CONSTITUTIONAL ISSUES.

    (a) Direct Appeal to Supreme Court.--An appeal may be taken 
directly to the Supreme Court of the United States from any 
interlocutory order or final judgment, decree, or order issued by any 
court ruling on the constitutionality of any provision of this title or 
amendment made by this title.
    (b) Acceptance and Expedition.--The Supreme Court shall, if it has 
not previously ruled on the question addressed in the ruling below, 
accept jurisdiction over, advance on the docket, and expedite the 
appeal to the greatest extent possible.

SEC. 10065. REGULATIONS.

    The Federal Election Commission shall prescribe any regulations 
required to carry out the provisions of this title within 9 months 
after the effective date of this title.
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