[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2668 Reported in House (RH)]





                                                 Union Calendar No. 175

106th CONGRESS

  1st Session

                               H. R. 2668

                          [Report No. 106-295]

_______________________________________________________________________

                                 A BILL

   To amend the Federal Election Campaign Act of 1971 to reform the 
 financing of campaigns for election for Federal office, and for other 
                               purposes.

_______________________________________________________________________

                             August 5, 1999

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed





                                                 Union Calendar No. 175
106th CONGRESS
  1st Session
                                H. R. 2668

                          [Report No. 106-295]

   To amend the Federal Election Campaign Act of 1971 to reform the 
 financing of campaigns for election for Federal office, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 2, 1999

 Mr. Thomas (for himself, Mr. Ney, Mr. Boehner, Mr. Ehlers, Mr. Mica, 
and Mr. Ewing) introduced the following bill; which was referred to the 
                   Committee on House Administration

                             August 5, 1999

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
[For text of introduced bill, see copy of bill as introduced on August 
                                2, 1999]

_______________________________________________________________________

                                 A BILL


 
   To amend the Federal Election Campaign Act of 1971 to reform the 
 financing of campaigns for election for Federal office, 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 ``Campaign Reform 
and Election Integrity Act of 1999''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. References in act.

                 TITLE I--BAN ON FOREIGN CONTRIBUTIONS

Sec. 101. Extension of ban on foreign contributions to all campaign-
                            related disbursements; protecting equal 
                            participation of eligible voters.

              TITLE II--IMPROVING REPORTING OF INFORMATION

Sec. 201. Mandatory electronic filing for certain reports; expediting 
                            reporting of information.
Sec. 202. Reporting of secondary payments; expansion of other types of 
                            information reported.
Sec. 203. Disclosure requirements for certain soft money expenditures 
                            of political parties.

  TITLE III--STRENGTHENING ENFORCEMENT AND ADMINISTRATION OF FEDERAL 
                          ELECTION COMMISSION

Sec. 301. Standards for initiation of actions and written responses by 
                            Federal Election Commission.
Sec. 302. Banning acceptance of cash contributions greater than $100.
Sec. 303. Deposit of certain contributions and donations to be returned 
                            to donors in Treasury account.
Sec. 304. Alternative procedures for imposition of penalties for 
                            reporting violations.
Sec. 305. Abolition of ex officio membership of Clerk of House of 
                            Representatives and Secretary of Senate on 
                            Commission.
Sec. 306. Broader prohibition against force and reprisals.
Sec. 307. Signature authority of members of Commission for subpoenas 
                            and notification of intent to seek 
                            additional information.

       TITLE IV--SIMPLIFYING AND CLARIFYING FEDERAL ELECTION LAW

Sec. 401. Application of aggregate contributions limit on calendar year 
                            basis during non-election years.
Sec. 402. Treatment of lines of credit obtained by candidates as 
                            commercially reasonable loans.
Sec. 403. Repeal Secretary of Commerce reports on district-specific 
                            population.
Sec. 404. Technical correction regarding treatment of honoraria.

                        TITLE V--EFFECTIVE DATE

Sec. 501. Effective date.

SEC. 2. REFERENCES IN ACT.

    Except as otherwise specifically provided, whenever in this Act an 
amendment is expressed in terms of an amendment to or repeal of a 
section or other provision, the reference shall be considered to be 
made to that section or other provision of the Federal Election 
Campaign Act of 1971.

                 TITLE I--BAN ON FOREIGN CONTRIBUTIONS

SEC. 101. EXTENSION OF BAN ON FOREIGN CONTRIBUTIONS TO ALL CAMPAIGN-
              RELATED DISBURSEMENTS; PROTECTING EQUAL PARTICIPATION OF 
              ELIGIBLE VOTERS.

    (A) Prohibition on Disbursements by Foreign Nationals.--Section 319 
(2 U.S.C. 441e) is amended--
            (1) in the heading, by striking ``contributions'' and 
        inserting ``donations and other disbursements'';
            (2) in subsection (a), by striking ``contribution'' each 
        place it appears and inserting ``donation or other 
        disbursement''; and
            (3) in subsection (a), by striking the semicolon and 
        inserting the following: ``, including any donation or other 
        disbursement to a political committee of a political party and 
        any donation or other disbursement for an independent 
        expenditure;''.
    (b) Codification of Regulations Prohibiting Use of Foreign Funds by 
Multicandidate Political Committees; Protecting Equal Participation of 
Eligible Voters in Campaigns and Elections.--Section 319 (2 U.S.C. 
441e) is amended--
            (1) by redesignating subsection (b) as subsection (d); and
            (2) by inserting after subsection (a) the following new 
        subsections:
    ``(b) It shall be unlawful for any person organized under or 
created by the laws of the United States or of any State or other place 
subject to the jurisdiction of the United States to make any donation 
or other disbursement to any candidate for political office in 
connection with an election for any political office, or to make any 
donation or other disbursement to any political committee or to any 
organization or account created or controlled by any United States 
political party, unless such donation or disbursement is derived solely 
from funds generated from such person's own business activities in the 
United States.
    ``(c) Nothing in this Act may be construed to prohibit any 
individual eligible to vote in an election for Federal office from 
making contributions or expenditures in support of a candidate for such 
an election (including voluntary contributions or expenditures made 
through a separate segregated fund established by the individual's 
employer or labor organization) or otherwise participating in any 
campaign for such an election in the same manner and to the same extent 
as any other individual eligible to vote in an election for such 
office.''.
    (b) Effective Date.--The amendments made by this section shall 
apply with respect to contributions, donations, and other disbursements 
made on or after the date of the enactment of this Act.

              TITLE II--IMPROVING REPORTING OF INFORMATION

SEC. 201. MANDATORY ELECTRONIC FILING FOR CERTAIN REPORTS; EXPEDITING 
              REPORTING OF INFORMATION.

    (a) Requiring Electronic Filing Within 24 Hours of Certain 
Contributions and Independent Expenditures Made Within 90 Days of 
Election.--
            (1) In general.--Section 304(a) (2 U.S.C. 434 (a)) is 
        amended by adding at the end the following new paragraph:
    ``(12)(A) Notwithstanding any other provision of this Act, each 
political committee described in subparagraph (B)(i) that receives a 
contribution in an amount equal to or greater than $200, and any person 
described in subparagraph (B)(ii) who makes an independent expenditure, 
during the period which begins on the 90th day before an election and 
ends at the time the polls close for such election shall, with respect 
to any information required to be filed with the Commission under this 
section with respect to such contribution or independent expenditure, 
file and preserve the information using electronic mail, the Internet, 
or such other method of instantaneous transmission as the Commission 
may permit, and shall file the information within 24 hours after the 
receipt of the contribution or the making of the independent 
expenditure.
    ``(B) For purposes of subparagraph (A)--
            ``(i) a political committee described in this clause is a 
        political committee that has received an aggregate amount of 
        contributions equal to or greater than $50,000 with respect to 
        the election cycle involved; and
            ``(ii) a person described in this clause is a person who 
        makes an aggregate amount of independent expenditures during 
        the election cycle involved or during any of the 2 previous 2-
        year general election cycles in an amount equal to or greater 
        than $10,000.
    ``(C) The Commission shall make the information filed under this 
paragraph available on the Internet immediately upon receipt.''.
            (2) Internet defined.--Section 301(19) (2 U.S.C. 431(19)) 
        is amended to read as follows:
    ``(19) The term `Internet' means the international computer network 
of both Federal and non-Federal interoperable packet-switched data 
networks.''.
    (b) Requiring Reports of Certain Filers To Be Transmitted 
Electronically; Certification of Private Sector Software.--Section 
304(a)(11)(A) (2 U.S.C. 434(a)(11)(A)) is amended by striking the 
period at the end and inserting the following: ``, except that in the 
case of a report submitted by a person who reports an aggregate amount 
of contributions or expenditures (as the case may be) in all reports 
filed with respect to the election cycle involved (taking into account 
the period covered by the report) in an amount equal to or greater than 
$50,000, the Commission shall require the report to be filed and 
preserved by electronic mail, the Internet, or such other method of 
instantaneous transmission as the Commission may permit. The Commission 
shall certify (on an ongoing basis) private sector computer software 
which may be used for filing reports by such methods.''.
    (c) Requiring Reports for All Contributions Made Within 20 Days of 
Election; Requiring Reports To Be Made Within 24 Hours.--Section 
304(a)(6)(A) (2 U.S.C. 434(a)(6)(A)) is amended--
            (1) by striking ``after the 20th day, but more than 48 
        hours before any election'' and inserting ``during the period 
        which begins on the 20th day before an election and ends at the 
        time the polls close for such election''; and
            (2) by striking ``48 hours'' the second place it appears 
        and inserting the following: ``24 hours (or, if earlier, by 
        midnight of the day on which the contribution is deposited)''.
    (d) Requiring Actual Receipt of Certain Independent Expenditure 
Reports Within 24 Hours.--
            (1) In general.--Section 304(c)(2) (2 U.S.C. 434(c)(2)) is 
        amended in the matter following 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) (2 U.S.C. 
        434(a)(5)) is amended by striking ``or (4)(A)(ii)'' and 
        inserting ``or (4)(A)(ii), or the second sentence of subsection 
        (c)(2)''.
    (e) Change in Certain Reporting From a Calendar Year Basis to an 
Election Cycle Basis.--
            (1) In general.--Section 304(b) (2 U.S.C. 434(b)) is 
        amended--
                    (A) by inserting ``(or election cycle, in the case 
                of an authorized committee of a candidate for Federal 
                office)'' after ``calendar year'' each place it appears 
                in paragraphs (2), (3), (4), and (7); and
                    (B) in paragraph (6)(A), by striking ``calendar 
                year'' and inserting ``election cycle''.
            (2) Election cycle defined.--Section 301 (2 U.S.C. 431) is 
        amended by adding at the end the following:
    ``(20) Election Cycle.--Except as the Commission may otherwise 
provide, the term `election cycle' means, with respect to an election, 
the period beginning on the day after the date of the most recent 
general election for the office involved and ending on the date of the 
election.''.
    (f) Clarification of Permissible Use of Facsimile Machines and 
Electronic Mail To File Reports.--Section 304(a)(11)(A) (2 U.S.C. 
434(a)(11)(A)) is amended by striking ``method,'' and inserting the 
following: ``method (including by facsimile device or electronic mail 
in the case of any report required to be filed within 24 hours after 
the transaction reported has occurred),''.

SEC. 202. REPORTING OF SECONDARY PAYMENTS; EXPANSION OF OTHER TYPES OF 
              INFORMATION REPORTED.

    (a) Requiring Record Keeping and Report of Secondary Payments by 
Campaign Committees.--
            (1) Reporting.--Section 304(b)(5)(A) (2 U.S.C. 
        434(b)(5)(A)) is amended by striking the semicolon at the end 
        and inserting the following: ``, and, if such person in turn 
        makes expenditures which aggregate $5,000 or more in an 
        election cycle to other persons (not including employees) who 
        provide goods or 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 (2 U.S.C. 432) is amended 
        by adding at the end the following new subsection:
    ``(j) A person described in section 304(b)(5)(A) who makes 
expenditures which aggregate $5,000 or more in an 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.
    (b) Including Report on Cumulative Contributions and Expenditures 
in Post Election Reports.--Section 304(a)(7) (2 U.S.C. 434(a)(7)) is 
amended--
            (1) by striking ``(7)'' and inserting ``(7)(A)''; and
            (2) by adding at the end the following new 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.''.
    (c) Including Information on Aggregate Contributions in Report on 
Itemized Contributions.--Section 304(b)(3) (2 U.S.C. 434(b)(3)) is 
amended--
            (1) in subparagraph (A), by inserting after ``such 
        contribution'' the following: ``and the total amount of all 
        such contributions made by such person with respect to the 
        election involved''; and
            (2) in subparagraph (B), by inserting after ``such 
        contribution'' the following: ``and the total amount of all 
        such contributions made by such committee with respect to the 
        election involved''.

SEC.203. DISCLOSURE REQUIREMENTS FOR CERTAIN SOFT MONEY EXPENDITURES OF 
              POLITICAL 
              PARTIES.

    (a) Transfers of Funds by National Political Parties.--Section 
304(b)(4) (2 U.S.C. 434(b)(4)) is amended--
            (1) by striking ``and'' at the end of subparagraph (H);
            (2) by adding ``and'' at the end of subparagraph (I); and
            (3) by adding at the end the following new subparagraph:
                    ``(J) in the case of a political committee of a 
                national political party, all funds transferred to any 
                political committee of a State or local political 
                party, without regard to whether or not the funds are 
                otherwise treated as contributions or expenditures 
                under this title;''.
    (b) Disclosure by State and Local Political Parties of Information 
Reported Under State Law.--Section 304 (2 U.S.C. 434) is amended by 
adding at the end the following new subsection:
    ``(d) If a political committee of a State or local 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.''.

  TITLE III--STRENGTHENING ENFORCEMENT AND ADMINISTRATION OF FEDERAL 
                          ELECTION COMMISSION

SEC. 301. STANDARDS FOR INITIATION OF ACTIONS AND WRITTEN RESPONSES BY 
              FEDERAL ELECTION COMMISSION.

    (a) Standard for Initiation of Actions by FEC.--Section 309(a)(2) 
(2 U.S.C. 437g(a)(2)) is amended by striking ``it has reason to 
believe'' and all that follows through ``of 1954,'' and inserting the 
following: ``it has a reason to seek additional information regarding a 
possible violation of this Act or of chapter 95 or chapter 96 of the 
Internal Revenue Code of 1986 that has occurred or is about to occur 
(based on the same criteria applicable under this paragraph prior to 
the enactment of the Campaign Reform and Election Integrity Act of 
1999),''.
    (b) Requiring FEC To Provide Written Responses to Questions.--
            (1) In general.--Title III (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.
            ``(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 the 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.''.
            (2) Conforming amendment.--Section 307(a)(7) (2 U.S.C. 
        437d(a)(7)) is amended by striking ``of this Act'' and 
        inserting ``and other written responses under section 308A''.
    (c) Standard Form for Complaints; Stronger Disclaimer Language.--
            (1) Standard form.--Section 309(a)(1) (2 U.S.C. 437g(a)(1)) 
        is amended by inserting after ``shall be notarized,'' the 
        following: ``shall be in a standard form prescribed by the 
        Commission, shall not include (but may refer to) extraneous 
        materials,''.
            (2) Disclaimer language.--Section 309(a)(1) (2 U.S.C. 
        437g(a)(1)) is amended--
                    (A) by striking ``(a)(1)'' and inserting 
                ``(a)(1)(A)''; and
                    (B) by adding at the end the following new 
                subparagraph:
    ``(B) The written notice of a complaint provided by the Commission 
under subparagraph (A) to a person alleged to have committed a 
violation referred to in the complaint shall include a cover letter (in 
a form prescribed by the Commission) and the following statement: `The 
enclosed complaint has been filed against you with the Federal Election 
Commission. The Commission has not verified or given official sanction 
to the complaint. The Commission will make no decision to pursue the 
complaint for a period of at least 15 days from your receipt of this 
complaint. You may, if you wish, submit a written statement to the 
Commission explaining why the Commission should take no action against 
you based on this complaint. If the Commission should decide to seek 
additional information, you will be notified and be given further 
opportunity to respond.'''.

SEC. 302. BANNING ACCEPTANCE OF CASH CONTRIBUTIONS GREATER THAN $100.

    Section 315 (2 U.S.C. 441a) is amended by adding at the end the 
following new subsection:
    ``(i) No candidate or political committee may accept any 
contributions of currency of the United States or currency of any 
foreign country from any person which, in the aggregate, exceed 
$100.''.

SEC. 303. DEPOSIT OF CERTAIN CONTRIBUTIONS AND DONATIONS TO BE RETURNED 
              TO DONORS IN TREASURY ACCOUNT.

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

 ``treatment of certain contributions and donations to be returned to 
                                 donors

    ``Sec. 323. (a) Transfer to Commission.--
            ``(1) In general.--Notwithstanding any other provision of 
        this Act, if a political committee intends to return any 
        contribution or donation given to the political committee, the 
        committee shall transfer the contribution or donation to the 
        Commission if--
                    ``(A) the contribution or donation is in an amount 
                equal to or greater than $500 (other than a 
contribution or donation returned within 90 days of receipt by the 
committee); or
                    ``(B) the contribution or donation was made in 
                violation of section 315, 316, 317, 319, or 320 (other 
                than a contribution or donation returned within 90 days 
                of receipt by the committee).
            ``(2) Information included with transferred contribution or 
        donation.--A political committee shall include with any 
        contribution or donation transferred under paragraph (1)--
                    ``(A) a request that the Commission return the 
                contribution or donation to the person making the 
                contribution or donation; and
                    ``(B) information regarding the circumstances 
                surrounding the making of the contribution or donation 
                and any opinion of the political committee concerning 
                whether the contribution or donation may have been made 
                in violation of this Act.
            ``(3) Establishment of escrow account.--
                    ``(A) In general.--The Commission shall establish a 
                single interest-bearing escrow account for deposit of 
                amounts transferred under paragraph (1).
                    ``(B) Disposition of amounts received.--On 
                receiving an amount from a political committee under 
                paragraph (1), the Commission shall--
                            ``(i) deposit the amount in the escrow 
                        account established under subparagraph (A); and
                            ``(ii) notify the Attorney General and the 
                        Commissioner of the Internal Revenue Service of 
                        the receipt of the amount from the political 
                        committee.
                    ``(C) Use of interest.--Interest earned on amounts 
                in the escrow account established under subparagraph 
                (A) shall be applied or used for the same purposes as 
                the donation or contribution on which it is earned.
            ``(4) Treatment of returned contribution or donation as a 
        complaint.--The transfer of any contribution or donation to the 
        Commission under this section shall be treated as the filing of 
        a complaint under section 309(a).
    ``(b) Use of Amounts Placed in Escrow To Cover Fines and 
Penalties.--The Commission or the Attorney General may require any 
amount deposited in the escrow account under subsection (a)(3) to be 
applied toward the payment of any fine or penalty imposed under this 
Act or title 18, United States Code, against the person making the 
contribution or donation.
    ``(c) Return of Contribution or Donation After Deposit in Escrow.--
            ``(1) In general.--The Commission shall return a 
        contribution or donation deposited in the escrow account under 
        subsection (a)(3) to the person making the contribution or 
        donation if--
                    ``(A) within 180 days after the date the 
                contribution or donation is transferred, the Commission 
                has not made a determination under section 309(a)(2) to 
                seek additional information regarding whether or not 
                the contribution or donation was made in violation of 
                this Act; or
                    ``(B)(i) the contribution or donation will not be 
                used to cover fines, penalties, or costs pursuant to 
                subsection (b); or
                    ``(ii) if the contribution or donation will be used 
                for those purposes, that the amounts required for those 
                purposes have been withdrawn from the escrow account 
                and subtracted from the returnable contribution or 
                donation.
            ``(2) No effect on status of investigation.--The return of 
        a contribution or donation by the Commission under this 
        subsection shall not be construed as having an effect on the 
        status of an investigation by the Commission or the Attorney 
        General of the contribution or donation or the circumstances 
        surrounding the contribution or donation, or on the ability of 
        the Commission or the Attorney General to take future actions 
        with respect to the contribution or donation.''.
    (b) Amounts Used To Determine Amount of Penalty for Violation.--
Section 309(a) (2 U.S.C. 437g(a)) is amended by inserting after 
paragraph (9) the following new paragraph:
    ``(10) For purposes of determining the amount of a civil penalty 
imposed under this subsection for violations of section 323, the amount 
of the donation involved shall be treated as the amount of the 
contribution involved.''.
    (c) Donation Defined.--Section 323, as added by subsection (a), is 
amended by adding at the end the following:
    ``(d) Donation Defined.--In this section, the term `donation' means 
a gift, subscription, loan, advance, or deposit of money or anything 
else of value made by any person to a national committee of a political 
party or a Senatorial or Congressional Campaign Committee of a national 
political party for any purpose, but does not include a contribution 
(as defined in section 301(8)).''.
    (d) Disgorgement Authority.--Section 309 (2 U.S.C. 437g) is amended 
by adding at the end the following new subsection:
    ``(e) Any conciliation agreement, civil action, or criminal action 
entered into or instituted under this section may require a person to 
forfeit to the Treasury any contribution, donation, or expenditure that 
is the subject of the agreement or action for transfer to the 
Commission for deposit in accordance with section 323.''.
    (e) Effective Date.--The amendments made by subsections (a), (b), 
and (c) shall apply to contributions or donations refunded on or after 
the date of the enactment of this Act, without regard to whether the 
Federal Election Commission or Attorney General has issued regulations 
to carry out section 323 of the Federal Election Campaign Act of 1971 
(as added by subsection (a)) by such date.

SEC. 304. ALTERNATIVE PROCEDURES FOR IMPOSITION OF PENALTIES FOR 
              REPORTING VIOLATIONS.

    (a) In General.--Section 309(a)(4) (2 U.S.C. 437g(a)(4)) is 
amended--
            ``(1) in subparagraph (A)(i), by striking ``clause (ii)'' 
        and inserting ``clauses (ii) and subparagraph (C)''; and
            (2) by adding at the end the following new subparagraph:
    ``(C)(i) Notwithstanding subparagraph (A), in the case of a 
violation of any requirement under this Act relating to the reporting 
of receipts or disbursements, the Commission may--
            ``(I) find that a person committed such a violation on the 
        basis of information obtained pursuant to the procedures 
        described in paragraphs (1) and (2); and
            ``(II) based on such finding, require the person to pay a 
        civil money penalty in an amount determined under a schedule of 
        penalties which is established and published by the Commission 
        and which takes into account the amount of the violation 
        involved, the existence of previous violations by the person, 
        and such other factors as the Commission considers appropriate 
        (but which in no event exceeds $20,000).
    ``(ii) The Commission may not make any determination adverse to a 
person under clause (i) until the person has been given written notice 
and an opportunity to be heard before the Commission.
    ``(iii) Any person against whom an adverse determination is made 
under this subparagraph may obtain a review of such determination by 
filing in the United States District Court for the District of Columbia 
or for the district in which the person resides or transacts business 
(prior to the expiration of the 30-day period which begins on the date 
the person receives notification of the determination) a written 
petition requesting that the determination be modified or set aside.''.
    (b) Conforming Amendment.--Section 309(a)(6)(A) (2 U.S.C. 
437g(a)(6)(A)) is amended by striking ``paragraph (4)(A)'' and 
inserting ``paragraph (4)''.
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to violations occurring on or after January 1, 2001.

SEC. 305. ABOLITION OF EX OFFICIO MEMBERSHIP OF CLERK OF HOUSE OF 
              REPRESENTATIVES AND SECRETARY OF SENATE ON COMMISSION.

    Section 306(a) (2 U.S.C. 437c(a)) is amended--
            (1) in paragraph (1), by striking ``the Secretary of the 
        Senate and the Clerk'' and all that follows through ``right to 
        vote, and''; and
            (2) in paragraphs (3), (4), and (5), by striking ``(other 
        than the Secretary of the Senate and the Clerk of the House of 
        Representatives)'' each place it appears.

SEC. 306. BROADER PROHIBITION AGAINST FORCE AND 
              REPRISALS.

    Section 316(b)(3) (2 U.S.C. 441b(b)(3)) is amended--
            (1) by redesignating subparagraphs (A) through (C) as 
        subparagraphs (B) through (D); and
            (2) by inserting before subparagraph (B) (as so 
        redesignated) the following new subparagraph:
            ``(A) for such a fund to cause another person to make a 
        contribution or expenditure by physical force, job 
        discrimination, financial reprisals, or the threat of force, 
        job discrimination, or financial reprisal;''.

SEC. 307. SIGNATURE AUTHORITY OF MEMBERS OF COMMISSION FOR SUBPOENAS 
              AND NOTIFICATION OF INTENT TO SEEK ADDITIONAL 
              INFORMATION.

    (a) Issuance of Subpoenas.--Section 307(a)(3) (2 U.S.C. 437d(a)(3)) 
is amended by striking ``signed by the chairman or the vice chairman'' 
and inserting ``signed by any member of the Commission''.
    (b) Notifications of Intent To Seek Additional Information.--
Section 309(a)(2) (2 U.S.C. 437g(a)(2)) is amended by striking 
``through its chairman or vice chairman'' and inserting ``through any 
of its members''.

       TITLE IV--SIMPLIFYING AND CLARIFYING FEDERAL ELECTION LAW

SEC. 401. APPLICATION OF AGGREGATE CONTRIBUTION LIMIT ON CALENDAR YEAR 
              BASIS DURING NON-ELECTION YEARS.

    Section 315(a)(3) (2 U.S.C. 441a(a)(3)) is amended by striking the 
second sentence.

SEC. 402. TREATMENT OF LINES OF CREDIT OBTAINED BY CANDIDATES AS 
              COMMERCIALLY REASONABLE LOANS.

    Section 301(8)(B) (2 U.S.C. 431(8)(B)) is amended--
            (1) by striking ``and'' at the end of clause (xiii);
            (2) by striking the period at the end of clause (xiv) and 
        inserting ``; and''; and
            (3) by adding at the end the following new clause:
            ``(xv) any loan of money derived from an advance on a 
        candidate's brokerage account, credit card, home equity line of 
        credit, or other line of credit available to the candidate, if 
        such loan is made in accordance with applicable law and under 
        commercially reasonable terms and if the person making such 
        loan makes loans in the normal course of the person's 
        business.''.

SEC. 403. REPEAL SECRETARY OF COMMERCE REPORTS ON DISTRICT-SPECIFIC 
              POPULATION.

    (a) Repeal Report by Secretary of Commerce on District-Specific 
Voting Age Population.--Section 315(e) (2 U.S.C. 441a(e)) is amended by 
striking ``States, of each State, and of each congressional district'' 
and inserting ``States and of each State''.
    (b) Deadline for Reporting of Certain Annual Estimates to 
Commission.--
            (1) Price index.--Section 315(c)(1) (2 U.S.C. 441a(c)(1)) 
        is amended--
                    (A) by striking ``At the beginning'' and inserting 
                ``Not later than February 15''; and
                    (B) by striking ``as there become available 
                necessary data from the Bureau of Labor Statistics of 
                the Department of Labor,''.
            (2) Voting age population.--Section 315(e) (2 U.S.C. 
        441a(e)) is amended by striking ``During the first week of 
        January 1975, and every subsequent year,'' and inserting ``Not 
        later than February 15 of 1975 and each subsequent year,''.

SEC. 404. TECHNICAL CORRECTION REGARDING TREATMENT OF HONORARIA.

    Section 301(8)(B) (2 U.S.C. 431(8)(B)), as amended by section 402, 
is further amended--
            (1) by adding ``and'' at the end of clause (xiii);
            (2) by striking clause (xiv); and
            (3) by redesignating clause (xv) as clause (xiv).

                        TITLE V--EFFECTIVE DATE

SEC. 501. EFFECTIVE DATE.

    Except as otherwise specifically provided, this Act and the 
amendments made by this Act shall apply with respect to elections 
occurring after January 2001.