[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1780 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 1780

To amend the Federal Election Campaign Act of 1971 to expand the types 
  of information on campaign spending required to be reported to the 
    Federal Election Commission, to transfer responsibility for the 
 enforcement of Federal laws governing the financing of campaigns for 
    election for Federal office from the Commission to the Attorney 
                    General, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 4, 1997

  Mr. Dreier introduced the following bill; which was referred to the 
Committee on House Oversight, and in addition to the Committees on Ways 
     and Means, and the Judiciary, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To amend the Federal Election Campaign Act of 1971 to expand the types 
  of information on campaign spending required to be reported to the 
    Federal Election Commission, to transfer responsibility for the 
 enforcement of Federal laws governing the financing of campaigns for 
    election for Federal office from the Commission to the Attorney 
                    General, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Voter Empowerment 
Act of 1997''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
   TITLE I--PROMOTING DISCLOSURE OF INFORMATION ON CAMPAIGN SPENDING

Sec. 101. Disclosure of certain expenditures for issue advocacy.
Sec. 102. Disclosure of certain permissible activities by labor 
                            organizations and corporations.
Sec. 103. Disclosure by State and local political parties of 
                            information reported under State law.
Sec. 104. Mandatory electronic filing and preservation of Federal 
                            Election Commission reports.
Sec. 105. Timing for reporting.
Sec. 106. Waiver of ``best efforts'' exception for information on 
                            identification of contributors.
Sec. 107. Disclosure of certain non-Federal financial activities of 
                            national political parties.
            TITLE II--ENCOURAGING PARTICIPATION IN CAMPAIGNS

Sec. 201. Indexing limits on contributions.
Sec. 202. Permitting corporate members of trade association to approve 
                            solicitations by more than one trade 
                            association.
Sec. 203. Tax credits for contributions by individuals.
            TITLE III--REFORM OF FEDERAL ELECTION COMMISSION

  Subtitle A--Enforcement of Federal Campaign Laws by Attorney General

Sec. 301. Enforcement by Attorney General.
Sec. 302. Termination of FEC enforcement authority.
Sec. 303. Reduction in number of members.
         Subtitle B--Facilitating Dissemination of Information

Sec. 311. Index of advisory opinions.
Sec. 312. Written responses to questions.
Sec. 313. Publication of names of candidates accepting prohibited 
                            contributions.
      TITLE IV--TERMINATION OF PRESIDENTIAL ELECTION CAMPAIGN FUND

Sec. 401. Termination of taxpayer financing of presidential election 
                            campaigns.

   TITLE I--PROMOTING DISCLOSURE OF INFORMATION ON CAMPAIGN SPENDING

SEC. 101. DISCLOSURE OF CERTAIN EXPENDITURES FOR ISSUE ADVOCACY.

    (a) In General.--Section 304 of the Federal Election Campaign Act 
of 1971 (2 U.S.C. 434) is amended by adding at the end the following 
new subsection:
    ``(d)(1) Each person who makes a payment in an amount equal to or 
greater than $100,000 for a communication containing issue advocacy 
shall submit a statement to the Commission (not later than 24 hours 
after making the payment) describing the amount spent, the type of 
communication involved, and the market or area in which the 
communication was disseminated.
    ``(2) In this subsection, a communication containing issue advocacy 
is any communication which uses the name or likeness of an individual 
holding Federal office or a candidate for election for Federal officer, 
mentions a national political party, or uses the terms `the President' 
or `Congress' in reference to an individual holding Federal office, 
except that this subsection shall not apply with respect to any payment 
which would be described in clause (i), (iii), or (v) of section 
301(9)(B) if the payment were an expenditure under such section.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to payments made on or after January 1999.

SEC. 102. DISCLOSURE OF CERTAIN PERMISSIBLE ACTIVITIES BY LABOR 
              ORGANIZATIONS AND CORPORATIONS.

    (a) In General.--Section 304 of the Federal Election Campaign Act 
of 1971 (2 U.S.C. 434), as amended by section 101(a), is further 
amended by adding at the end the following new subsection:
    ``(e)(1) Each corporation, national bank, or labor organization who 
makes aggregate payments during a year in an amount equal to or greater 
than $5,000 for any activity described in subparagraph (A), (B), or (C) 
of section 316(a)(2) shall submit a statement to the Commission (not 
later than 24 hours after making the payments) describing the amount 
spent and the activity involved.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to payments made on or after January 1, 1999.

SEC. 103. DISCLOSURE BY STATE AND LOCAL POLITICAL PARTIES OF 
              INFORMATION REPORTED UNDER STATE LAW.

    (a) In General.--Section 304 of the Federal Election Campaign Act 
of 1971 (2 U.S.C. 434), as amended by section 101(a) and section 
102(a), is further amended by adding at the end the following new 
subsection:
    ``(f) If a political committee of a State or local political party 
is required under a State or local law, rule, or regulation to submit a 
report on its disbursements to an entity of the State or local 
government, the committee shall file a copy of the report with the 
Commission at the time it submits the report to such an entity.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply with respect to reports submitted on or after January 1, 1999.

SEC. 104. MANDATORY ELECTRONIC FILING AND PRESERVATION OF FEDERAL 
              ELECTION COMMISSION REPORTS.

    (a) In General.--Subsection 304(a)(11)(A) of the Federal Election 
Campaign Act of 1971 (2 U.S.C. 434(a)(11)(A)) is amended by striking 
``permit reports required by'' and inserting ``require reports under''.
    (b) Increasing Electronic Disclosure.--
            (1) In general.--Section 304 of such Act (2 U.S.C. 434), as 
        amended by section 101(a), section 102(a), and section 103(a), 
        is further amended by adding at the end the following new 
        subsection:
    ``(g)(1) The Commission shall make the information contained in the 
reports submitted under this section available on the Internet and 
publicly available at the offices of the Commission as soon as 
practicable (but in no case later than 24 hours) after the information 
is received by the Commission.
    ``(2) In this subsection, the term `Internet' means the 
international computer network of both Federal and non-Federal 
interoperable packet-switched data networks.''.
            (2) Permitting waiver of acquisition rules to expedite 
        electronic access.--Notwithstanding any other provision of law, 
        the Federal Election Commission may waive any of the following 
        provisions of Federal acquisition law to the extent the 
        Commission determines necessary to make the information 
        contained in reports submitted to the Commission available on 
        the Internet upon the expiration of the 1-year period which 
        begins on the date of the enactment of this Act:
                    (A) Title III of the Federal Property and 
                Administrative Services Act of 1949 (41 U.S.C. 252-
                266).
                    (B) The Office of Federal Procurement Policy Act 
                (41 U.S.C. 401 et seq.).
                    (C) The Clinger-Cohen Act of 1996 (divisions D and 
                E of Public Law 104-106).
                    (D) The Federal Acquisition Streamlining Act of 
                1994 (Public Law 103-355).
                    (E) The Small Business Act (15 U.S.C. 631 et seq.), 
                except that all reasonable opportunities to be awarded 
                contracts shall be provided to small business concerns 
                and small business concerns owned and controlled by 
                socially and economically disadvantaged individuals.
                    (F) Subchapter V of chapter 35 of title 31, 
                relating to the procurement protest system.
                    (G) The Federal Acquisition Regulation and any laws 
                not listed in (A) through (F) of this section providing 
                authority to promulgate regulations in the Federal 
                Acquisition Regulation.
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to reports for periods beginning after the 
expiration of the 1-year period which begins on the date of the 
enactment of this Act. During that period, the Federal Election 
Commission shall submit regular reports to Committee on Rules of 
Administration of the Senate and the Committee on House Oversight of 
the House of Representatives describing the progress made by the 
Commission in its ability to accept reports filed electronically and to 
make the information contained in such reports available on the 
Internet.

SEC. 105. TIMING FOR REPORTING.

    (a) Deadline for Filing.--
            (1) Requiring reports for all contributions made within 60 
        days of election; requiring reports to be made within 24 
        hours.--Section 304(a)(6)(A) of the Federal Election Campaign 
        Act of 1971 (2 U.S.C. 434(a)(6)(A)) is amended--
                    (A) by striking ``after the 20th day, but more than 
                48 hours before any election'' and inserting ``during 
                the period which begins on the 60th day before an 
                election and ends at the time the polls close for such 
                election''; and
                    (B) by striking ``48 hours'' the second place it 
                appears and inserting the following: ``24 hours (or, if 
                earlier, by midnight of the day on which the 
                contribution is deposited)''.
            (2) Requiring actual delivery by deadline.--
                    (A) In general.--Section 304(a)(6) of such Act (2 
                U.S.C. 434(a)(6)) is amended by adding at the end the 
                following new subparagraph:
    ``(C) Notwithstanding paragraph (5), the time at which a 
notification or report under this paragraph is received by the 
Secretary, the Commission, or any other recipient to whom the 
notification is required to be sent shall be considered the time of 
filing of the notification or report with the recipient.''.
                    (B) Conforming amendment.--Section 304(a)(5) of 
                such Act (2 U.S.C. 434(a)(5)) is amended by striking 
                ``paragraph (2)(A)(i) or (4)(A)(ii)'' and inserting 
                ``paragraphs (2)(A)(i), (4)(A)(ii), or (6))''.
    (b) Requiring Receipt of Independent Expenditure Reports Within 24 
Hours.--
            (1) In general.--Section 304(c)(2) of such Act (2 U.S.C. 
        434(c)(2)) is amended in the matter following subparagraph 
        (C)--
                    (A) by striking ``shall be reported'' and inserting 
                ``shall be filed''; and
                    (B) by adding at the end the following new 
                sentence: ``Notwithstanding subsection (a)(5), the time 
                at which the statement under this subsection is 
                received by the Secretary, the Commission, or any other 
                recipient to whom the notification is required to be 
                sent shall be considered the time of filing of the 
                statement with the recipient.''.
            (2) Conforming amendment.--Section 304(a)(5) of such Act (2 
        U.S.C. 434(a)(5)), as amended by subsection (a)(2)(B), is 
        further amended by striking ``or (6)'' and inserting ``or (6), 
        or subsection (c)(2)''.
    (c) Requiring Record Keeping and Report of Secondary Payments by 
Campaign Committees.--
            (1) Reporting.--Section 304(b)(5)(A) of such Act (2 U.S.C. 
        434(b)(5)(A)) is amended by striking the semicolon at the end 
        and inserting the following: ``, and, if such person in turn 
        makes expenditures which aggregate $500 or more in an election 
        cycle to other persons (not including employees) who provide 
        goods or services to the candidate or the candidate's 
        authorized committees, the name and address of such other 
        persons, together with the date, amount, and purpose of such 
        expenditures;''.
            (2) Record keeping.--Section 302 of such Act (2 U.S.C. 432) 
        is amended by adding at the end the following new subsection:
    ``(j) A person described in section 304(b)(5)(A) who makes 
expenditures which aggregate $500 or more in an election cycle to other 
persons (not including employees) who provide goods or services to a 
candidate or a candidate's authorized committees shall provide to a 
political committee the information necessary to enable the committee 
to report the information described in such section.''.
            (3) No effect on other reports.--Nothing in the amendments 
        made by this subsection may be construed to affect the terms of 
        any other recordkeeping or reporting requirements applicable to 
        candidates or political committees under title III of the 
        Federal Election Campaign Act of 1971.
    (d) Including Report on Cumulative Contributions and Expenditures 
in Post Election Reports.--Section 304(a)(7) of such Act (2 U.S.C. 
434(a)(7)) is amended--
            (1) by striking ``(7)'' and inserting ``(7)(A)''; and
            (2) by adding at the end the following new subparagraph:
    ``(B) In the case of any report required to be filed by this 
subsection which is the first report required to be filed after the 
date of an election, the report shall include a statement of the total 
contributions received and expenditures made as of the date of the 
election.''.
    (e) Effective Date.--The amendments made by this section shall 
apply with respect to elections occurring after January 1999.

SEC. 106. WAIVER OF ``BEST EFFORTS'' EXCEPTION FOR INFORMATION ON 
              IDENTIFICATION OF CONTRIBUTORS.

    (a) In General.--Section 302(i) of the Federal Election Campaign 
Act of 1971 (2 U.S.C. 432(i)) is amended--
            (1) by striking ``(i) When the treasurer'' and inserting 
        ``(i)(1) Except as provided in paragraph (2), when the 
        treasurer''; and
            (2) by adding at the end the following new paragraph:
    ``(2) Paragraph (1) shall not apply with respect to information 
regarding the identification of any person who makes a contribution or 
contributions aggregating more than $200 during a calendar year (as 
required to be provided under subsection (c)(3)).''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to persons making contributions for elections 
occurring after January 1999.

SEC. 107. DISCLOSURE OF CERTAIN NON-FEDERAL FINANCIAL ACTIVITIES OF 
              NATIONAL POLITICAL PARTIES.

    Section 304 of the Federal Election Campaign Act of 1971 (2 U.S.C. 
434), as amended by section 101(a), section 102(a), section 103(a), and 
section 104(b)(1), is further amended--
            (1) by redesignating subsection (g) as subsection (h); and
            (2) by inserting after subsection (f) the following new 
        subsection:
    ``(g)(1) Notwithstanding any other provision of this title, any 
person who provides any funds to a political committee of a national 
political party in an aggregate amount of not less than $250,000 during 
a calendar year shall file a statement with the Commission in 
accordance with subsection (a)(2) and shall include in the statement 
all information which would be required to be provided under this 
section if the entire amount provided were treated as a contribution 
for purposes of the limitations, prohibitions, and reporting 
requirements of this title.
    ``(2) Notwithstanding any other provision of this title, each 
political committee of a national political party shall include in the 
statements filed with the Commission under this section information on 
all disbursements made by the committee in an aggregate amount of not 
less than $250,000 during a calendar year, without regard to whether 
any portion of the disbursements are otherwise treated as expenditures 
for purposes of the limitations, prohibitions, and reporting 
requirements of this title.''.

            TITLE II--ENCOURAGING PARTICIPATION IN CAMPAIGNS

SEC. 201. INDEXING LIMITS ON CONTRIBUTIONS.

    (a) In General.--Section 315(c) of the Federal Election Campaign 
Act of 1971 (2 U.S.C. 441a(c)) is amended by adding at the end the 
following new paragraph:
    ``(3)(A) The amount of each limitation established under subsection 
(a) shall be adjusted as follows:
            ``(i) For calendar year 1999, each such amount shall be 
        equal to the amount described in such subsection, increased (in 
        a compounded manner) by the percentage increase in the price 
        index (as defined in subsection (c)(2)) for each year after 
        1976 and before 1999.
            ``(ii) For calendar year 2001 and each second subsequent 
        year, each such amount shall be equal to the amount for the 
        second previous year (as adjusted under this subparagraph), 
        increased (in a compounded manner) by the percentage increase 
        in the price index for the previous year and the second 
        previous year.
    ``(B) In the case of any amount adjusted under this subparagraph 
which is not a multiple of $500, the amount shall be rounded to the 
nearest highest multiple of $500.''.
    (b) Application of Indexing to Support of Candidate's Committees.--
Section 302(e)(3)(B) of such Act (2 U.S.C. 432(e)(3)(B)) is amended by 
adding at the end the following new sentence: ``The amount described in 
the previous sentence shall be adjusted (for years beginning with 1999) 
in the same manner as the amounts of limitations on contributions under 
section 315(a) are adjusted under section 315(c)(3).''.

SEC. 202. PERMITTING CORPORATE MEMBERS OF TRADE ASSOCIATION TO APPROVE 
              SOLICITATIONS BY MORE THAN ONE TRADE ASSOCIATION.

    (a) In General.--Section 316(b)(4)(D) of the Federal Election 
Campaign Act of 1971 (2 U.S.C. 441b(b)(4)(D)) is amended by striking 
``, and such member corporation'' and all that follows and inserting a 
period.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to elections occurring after January 1999.

SEC. 203. TAX CREDITS FOR CONTRIBUTIONS BY INDIVIDUALS.

    (a) In General.--Subpart A of part IV of subchapter A of chapter 1 
of the Internal Revenue Code of 1986 (relating to nonrefundable 
personal credits) is amended by inserting after section 23 the 
following new section:

``SEC. 24. POLITICAL CONTRIBUTIONS.

    ``(a) General Rule.--In the case of an individual, there shall be 
allowed as a credit against the tax imposed by this chapter for the 
taxable year an amount equal to one-half of all political contributions 
payment of which is made by the taxpayer within the taxable year.
    ``(b) Limitations.--
            ``(1) Amount of credit.--The credit allowed by subsection 
        (a) for a taxable year shall not exceed $200 ($400 in the case 
        of a joint return).
            ``(2) Verification.--The credit allowed by subsection (a) 
        shall be allowed, with respect to any political contribution, 
        only if such contribution is verified in such manner as the 
        Secretary shall prescribe by regulations.
    ``(c) Definitions.--For purposes of this section--
            ``(1) Federal candidate.--The term `Federal candidate' 
        means, with respect to any Federal elective public office, an 
        individual who--
                    ``(A) publicly announces before the close of the 
                calendar year following the calendar year in which the 
                contribution or gift is made that he is a candidate for 
                nomination or election to such office, and
                    ``(B) meets the qualifications prescribed by law to 
                hold such office.
            ``(2) Political contribution.--The term `political 
        contribution' means a contribution or gift of money to--
                    ``(A) an individual who is a Federal candidate for 
                use by such individual to further the candidacy of such 
                individual for nomination or election to such office,
                    ``(B) any committee, association, or organization 
                (whether or not incorporated) organized and operated 
                exclusively for the purposes of influencing, or 
                attempting to influence, the nomination or election of 
                one or more individuals who are Federal candidates, for 
                use by such committee, association, or organization to 
                further the candidacy of such individual or individuals 
                for nomination or election to such office, or
                    ``(C) the national committee of a national 
                political party, the State committee of such a party 
                (as designated by such national committee), or a local 
                committee of such a party (as designated by such State 
                committee).
            ``(3) National political party.--The term `national 
        political party' means--
                    ``(A) in the case of contributions made during a 
                taxable year of the taxpayer in which the electors of 
                President and Vice President are chosen, a political 
                party presenting Federal candidates or electors for 
                such offices on the official election ballots of 10 or 
                more States, and
                    ``(B) in the case of contributions made during any 
                other taxable year of the taxpayer, a political party 
                which met the qualifications described in subparagraph 
                (A) in the last preceding election of a President or 
                Vice President.
    ``(d) Inflation Adjustment.--In the case of any taxable year 
beginning in a calendar year after 2000, the $200 and $400 amounts in 
subsection (b)(1) shall each be increased by an amount equal to--
            ``(1) such dollar amount, multiplied by
            ``(2) the cost-of-living adjustment under section 1(f)(3) 
        for the calendar year in which the taxable year begins, 
        determined by substituting `calendar year 1999' for `calendar 
        year 1992' in subparagraph (B) thereof.
If any amount as adjusted under the preceding sentence is not a 
multiple of $10, such amount shall be rounded to the nearest multiple 
of $10.
    ``(e) Cross References.--

                                ``For transfer of appreciated property 
to a political organization, see section 84.
                                ``For certain indirect contributions to 
political parties, see section 276.''
    (b) Clerical Amendment.--The table of sections for subpart A of 
part IV of subchapter A of chapter 1 of such Code is amended by 
inserting after the item relating to section 23 the following new item:

                              ``Sec. 24. Political contributions.''
    (c) Effective Date.--The amendments made by this section shall 
apply to contributions made after January 1, 1999.

            TITLE III--REFORM OF FEDERAL ELECTION COMMISSION

  Subtitle A--Enforcement of Federal Campaign Laws by Attorney General

SEC. 301. ENFORCEMENT BY ATTORNEY GENERAL.

    (a) Transfer of Authority to Attorney General.--
            (1) In general.--The Attorney General shall establish an 
        office within the Department of Justice to enforce the 
        provisions of title III of the Federal Election Campaign Act of 
        1971 and chapter 95 and 96 of the Internal Revenue Code of 1986 
        by investigating complaints, initiating civil or criminal 
        actions for injunctive, declaratory, or other appropriate 
        relief, and taking such other measures as the Attorney General 
        considers appropriate consistent with this section.
            (2) Assessment of costs against attorney general for 
        certain unsuccessful appeals.--If the Attorney General appeals 
        a decision by a court in an action brought by the office 
        established under paragraph (1) and the appeal is denied (in 
        whole or in part) on the basis of the first amendment to the 
        Constitution of the United States, the court shall require the 
        Attorney General to reimburse the opposing party for the costs 
        incurred by the party (including reasonable attorney's fees) in 
        responding to the appeal.
    (b) Review of Proposed Regulations of Commission.--
            (1) In general.--Notwithstanding any other provision of 
        law, no rule or regulation proposed by the Federal Election 
        Commission after the expiration of the period described in 
        subsection (c) may take effect unless the Attorney General 
        certifies that the regulation is consistent with the 
        Constitution and applicable statutes.
            (2) Deemed approval after 90 days.--The Attorney General 
        shall be deemed to have certified a rule or regulation under 
        this subsection if the Attorney General does not reject the 
        rule or regulation during the 90-day period which begins on the 
        date the Federal Election Commission submits the rule or 
        regulation to the Attorney General for review under this 
        subsection.
    (c) Effective Date.--This section shall apply with respect to any 
complaint that a person has violated the provisions of title III of the 
Federal Election Campaign Act of 1971 and chapter 95 and 96 of the 
Internal Revenue Code of 1986 which is filed pursuant to this section 
or pending under title III of the Federal Election Campaign Act of 1971 
after the expiration of the 90-day period which begins on the date the 
Attorney General certifies to the President and Congress that the 
Attorney General has established the office referred to in subsection 
(a).

SEC. 302. TERMINATION OF FEC ENFORCEMENT AUTHORITY.

    (a) In General.--Title III of the Federal Election Campaign Act of 
1971 (2 U.S.C. 431 et seq.) is amended by striking section 309.
    (b) Conforming Amendments.--(1) Section 306 of such Act (2 U.S.C. 
437c) is amended--
            (A) in subsection (b)(1), by striking ``shall administer,'' 
        and all that follows and inserting the following: ``shall 
        administer and formulate policy with respect to, this Act and 
        chapter 95 and chapter 96 of the Internal Revenue Code of 
        1954.'';
            (B) in subsection (c), by striking ``(6),''; and
            (C) by striking subsection (f)(4).
    (2) Section 307 of such Act (2 U.S.C. 437d) is amended--
            (A) by striking subsection (a)(6);
            (B) in subsection (a)(9), by striking ``to conduct 
        investigations and hearings expeditiously,''; and
            (C) by striking subsection (e).
    (c) Effective Date.--The amendments made by this section shall take 
effect upon the expiration of the period described in section 301(c).

SEC. 303. REDUCTION IN NUMBER OF MEMBERS.

    (a) In General.--Section 306(a) of the Federal Election Campaign 
Act of 1971 (2 U.S.C. 437c(a)) is amended by adding at the end the 
following new paragraph:
    ``(6)(A) Notwithstanding paragraph (1) and (2)(A), effective 90 
days after the Attorney General certifies to the President and Congress 
pursuant to section 301(c) of the Voter Empowerment Act of 1997 that an 
office has been established in the Department of Justice to enforce the 
provisions of this title and chapter 95 and 96 of the Internal Revenue 
Code of 1986, the Commission shall consist of 2 members appointed by 
the President by and with the advice and consent of the Senate. The 
members shall not be affiliated with the same political party.
    ``(B) Members of the Commission shall serve for terms of 6 years, 
except that one of the first 2 members appointed pursuant to this 
paragraph shall serve for a term of 3 years. No individual appointed as 
a member pursuant to this paragraph may serve for more than 2 terms.
    ``(C) The term of any member serving as of the date referred to in 
subparagraph (A) shall expire upon the appointment of the 2 members 
under this paragraph.''.
    (b) Conforming Amendment.--The second sentence of section 306(c) of 
such Act (2 U.S.C. 437c(c)) is amended by inserting after ``except 
that'' the following: ``(with respect to actions taken prior to the 
appointment of members under subsection (a)(6))''.

         Subtitle B--Facilitating Dissemination of Information

SEC. 311. INDEX OF ADVISORY OPINIONS.

    (a) In General.--Section 308 of the Federal Election Campaign Act 
of 1971 (2 U.S.C. 437f) is amended by adding at the end the following 
new subsection:
    ``(e)(1) The Commission shall compile, publish, and regularly 
update a complete and detailed index of the advisory opinions issued 
under this section through which opinions may be found on the basis of 
the subjects included in the opinions.
    ``(2) The Commission shall make the index compiled, published, and 
updated under this subsection available on the Internet.
    ``(3) Upon the establishment by the Attorney General of an office 
within the Department of Justice to enforce the provisions of this 
title and chapter 95 and 96 of the Internal Revenue Code of 1986 
pursuant to section 301 of the Voter Empowerment Act of 1997, this 
subsection shall apply only to the extent provided by the Attorney 
General under the operations of such office.''.
    (b) Effective Date.--The Federal Election Commission shall first 
publish the index of advisory opinions described in section 308(e) of 
the Federal Election Campaign Act of 1971 (as added by subsection (a)) 
not later than 1 year after the date of the enactment of this Act.

SEC. 312. WRITTEN RESPONSES TO QUESTIONS.

    (a) In General.--Title III of the Federal Election Campaign Act of 
1971 (2 U.S.C. 431 et seq.) is amended by inserting after section 308 
the following new section:

                 ``other written responses to questions

    ``Sec. 308A. (a) Permitting Responses.--In addition to issuing 
advisory opinions under section 308, the Commission shall issue written 
responses pursuant to this section with respect to a written request 
concerning the application of this Act, chapter 95 or chapter 96 of the 
Internal Revenue Code of 1986, a rule or regulation prescribed by the 
Commission, or an advisory opinion issued by the Commission under 
section 308, with respect to a specific transaction or activity by the 
person, if the Commission finds the application of the Act, chapter, 
rule, regulation, or advisory opinion to the transaction or activity to 
be clear and unambiguous.
    ``(b) Procedure for Response.--
            ``(1) Analysis by staff.--The staff of the Commission shall 
        analyze each request submitted under this section. If the staff 
        believes that the standard described in subsection (a) is met 
        with respect to the request, the staff shall circulate a 
        statement to that effect together with a draft response to the 
        request to the members of the Commission.
            ``(2) Issuance of response.--Upon the expiration of the 3-
        day period beginning on the date the statement and draft 
        response is circulated (excluding weekends or holidays), the 
        Commission shall issue the response, unless during such period 
        any member of the Commission objects to issuing the response.
    ``(c) Effect of Response.--
            ``(1) Safe harbor.--Notwithstanding any other provisions of 
        law, any person who relies upon any provision or finding of a 
        written response issued under this section and who acts in good 
        faith in accordance with the provisions and findings of such 
        response shall not, as a result of any such act, be subject to 
        any sanction provided by this Act or by chapter 95 or chapter 
        96 of the Internal Revenue Code of 1986, or any sanction of the 
        Attorney General under the office established under section 
        301(a) of the Voter Empowerment Act of 1997.
            ``(2) No reliance by other parties.--Any written response 
        issued by the Commission under this section may only be relied 
        upon by the person involved in the specific transaction or 
        activity with respect to which such response is issued, and may 
        not be applied by the Commission with respect to any other 
        person or used by the Commission for enforcement or regulatory 
        purposes.
    ``(d) Publication of Requests and Responses.--The Commission shall 
make public any request for a written response made, and the responses 
issued, under this section. In carrying out this subsection, the 
Commission may not make public the identity of any person submitting a 
request for a written response unless the person specifically 
authorizes to Commission to do so.
    ``(e) Compilation of Index.--The Commission shall compile, publish, 
and regularly update a complete and detailed index of the responses 
issued under this section through which responses may be found on the 
basis of the subjects included in the responses.
    ``(f) Application Upon Establishment of Enforcement Authority by 
Attorney General.--Upon the establishment by the Attorney General of an 
office within the Department of Justice to enforce the provisions of 
this title and chapter 95 and 96 of the Internal Revenue Code of 1986 
pursuant to section 301 of the Voter Empowerment Act of 1997, this 
section shall apply only to the extent provided by the Attorney General 
under the operations of such office.''.
    (b) Conforming Amendment.--Section 307(a)(7) of such Act (2 U.S.C. 
437d(a)(7)) is amended by striking ``of this Act'' and inserting ``and 
other written responses under section 308A''.

SEC. 313. PUBLICATION OF NAMES OF CANDIDATES ACCEPTING PROHIBITED 
              CONTRIBUTIONS.

    Section 311(a) of the Federal Election Campaign Act of 1971 (2 
U.S.C. 438(a)) is amended--
            (1) by striking ``and'' at the end of paragraph (9);
            (2) by striking the period at the end of paragraph (10) and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(11) prepare and publish periodically a list of 
        candidates whose authorized committees have accepted 
        contributions in violation of any provision of this title.''.

      TITLE IV--TERMINATION OF PRESIDENTIAL ELECTION CAMPAIGN FUND

SEC. 401. TERMINATION OF TAXPAYER FINANCING OF PRESIDENTIAL ELECTION 
              CAMPAIGNS.

    (a) Termination of Designation of Income Tax Payments.--Section 
6096 of the Internal Revenue Code of 1986 is amended by adding at the 
end the following new subsection:
    ``(d) Termination.--This section shall not apply to taxable years 
beginning after December 31, 1997.''
    (b) Termination of Fund and Account.--
            (1) Termination of presidential election campaign fund.--
                    (A) In general.--Chapter 95 of subtitle H of such 
                Code is amended by adding at the end the following new 
                section:

``SEC. 9014. TERMINATION.

    ``The provisions of this chapter shall not apply with respect to 
any presidential election (or any presidential nominating convention) 
after December 31, 1998, or to any candidate in such an election.''
                    (B) Transfer of excess funds to general fund.--
                Section 9006 of such Code is amended by adding at the 
                end the following new subsection:
    ``(d) Transfer of Funds Remaining After 1998.--The Secretary shall 
transfer all amounts in the fund after December 31, 1998, to the 
general fund of the Treasury.''
            (2) Termination of account.--Chapter 96 of subtitle H of 
        such Code is amended by adding at the end the following new 
        section:

``SEC. 9043. TERMINATION.

    ``The provisions of this chapter shall not apply to any candidate 
with respect to any presidential election after December 31, 1998.''
    (c) Clerical Amendments.--
            (1) The table of sections for chapter 95 of subtitle H of 
        such Code is amended by adding at the end the following new 
        item:

                              ``Sec. 9014. Termination.''
            (2) The table of sections for chapter 96 of subtitle H of 
        such Code is amended by adding at the end the following new 
        item:

                              ``Sec. 9043. Termination.''
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