[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 504 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                 S. 504

                 To reform Federal election campaigns.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 2, 1999

  Mr. Cleland introduced the following bill; which was read twice and 
         referred to the Committee on Rules and Administration

_______________________________________________________________________

                                 A BILL


 
                 To reform Federal election campaigns.

    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 ``Federal Election 
Enforcement and Disclosure Reform Act''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
              TITLE I--FEDERAL ELECTION COMMISSION REFORM

Sec. 101. Membership; length of terms.
Sec. 102. Mandatory electronic filing.
Sec. 103. Independent litigation authority.
Sec. 104. Civil action.
Sec. 105. Civil penalty for certain reporting violations.
Sec. 106. Filing of Senate reports with the Federal Election 
                            Commission.
Sec. 107. Advisory committee.
Sec. 108. Funding of the Commission.
Sec. 109. Audits.
Sec. 110. Authority to seek injunction.
Sec. 111. Increase in penalty for knowing and willful violations.
Sec. 112. Expedited procedures.
             TITLE II--ENHANCED CAMPAIGN FINANCE DISCLOSURE

Sec. 201. Deposit of certain contributions in escrow account.
Sec. 202. Required contributor certification.
Sec. 203. Reporting requirements.

              TITLE I--FEDERAL ELECTION COMMISSION REFORM

SEC. 101. MEMBERSHIP; LENGTH OF TERMS.

    (a) In General.--Section 306(a) of the Federal Election Campaign 
Act of 1971 (2 U.S.C. 437c(a)) is amended--
            (1) by striking paragraph (1) and inserting the following:
            ``(1) There is established a commission to be known as the 
        Federal Election Commission composed of 7 members appointed by 
        the President, by and with the advice and consent of the 
        Senate, with the following qualifications:
                    ``(A) The members appointed under this paragraph 
                shall consist of--
                            ``(i) 2 individuals affiliated with the 
                        Republican party;
                            ``(ii) 2 individuals affiliated with the 
                        Democratic party;
                            ``(iii) 1 individual affiliated with a 
                        political party other than the Republican or 
                        Democratic Party that received at least 3 
                        percent of the national popular vote in the 
                        most recent Federal election prior to the 
                        appointment (but if no such party exists, then 
                        a political party other than the Republican or 
                        Democratic party); and
                            ``(iv) 2 individuals appointed by the 
                        President from nominees recommended under 
                        subparagraph (D).
                    ``(B) The individuals described in clauses (iii) 
                and (iv) of subparagraph (A) shall be individuals who 
                have, during the time period beginning on the date that 
                is 5 years before the date of the appointment and 
                ending on the date of the appointment--
                            ``(i) not held elective office as a member 
                        of the Democratic or Republican political 
                        party;
                            ``(ii) not received any wages from the 
                        Democratic or Republican political party; and
                            ``(iii) not provided substantial volunteer 
                        services or made any substantial donation to 
                        the Democratic or Republican political party or 
                        to a public officeholder or candidate for 
                        public office who is associated with the 
                        Democratic or Republican political party.
                    ``(C) Individuals appointed under this paragraph 
                shall have relevant knowledge for purposes of 
                appointment to the Commission including--
                            ``(i) a higher education degree in 
                        government, politics, or public or business 
                        administration or 4 years of comparable work 
                        experience in the field of government or 
                        politics; and
                            ``(ii) 2 years or more of work experience 
                        in relation to Federal election law or other 
                        Federal electoral issues, or 4 years or more of 
                        such experience at the State level.
                    ``(D) The Supreme Court shall recommend 10 nominees 
                from which the President shall appoint 2 members of the 
                Commission.'';
            (2) by striking subparagraph (A) of paragraph (2) and 
        inserting the following:
            ``(A) A member of the Commission shall serve for a single 
        term of 7 years.''; and
            (3) by striking paragraph (5) and inserting the following:
            ``(5) The Commission shall elect a chairman from among the 
        members described in paragraph (1)(D) and a vice chairman from 
        among the other members of the Commission. The vice chairman 
        shall act as chairman in the absence or disability of the 
        chairman or in the event of a vacancy in the officer.''.
    (b) Conforming Amendments.--Section 306(a) of the Federal Election 
Campaign Act of 1971 (2 U.S.C. 437c(a)) is amended by striking ``(other 
than the Secretary of the Senate and the Clerk of the House of 
Representatives)'' in paragraphs (3) and (4).
    (c) Effective Date.--
            (1) In general.--The term of a member of the Federal 
        Election Commission appointed under section 306(a)(1)(A) of the 
        Federal Election Campaign Act of 1971 shall begin on or after--
                    (A) in the case of 1 individual appointed under 
                clause (iii) and 1 individual appointed under clause 
                (iv), April 30, 2000;
                    (B) in the case of 1 individual appointed under 
                clause (i) and 1 individual appointed under clause 
                (ii), April 30, 2002; and
                    (C) in the case of 1 individual appointed under 
                clause (i), 1 individual appointed under clause (ii), 
                and 1 individual appointed under clause (iv), April 30, 
                2004.
            (2) Current members.--Any member of the Federal Election 
        Commission serving a term on the date of enactment of this Act 
        (or any successor of such term) shall continue to serve until 
        the expiration of such term.

SEC. 102. MANDATORY ELECTRONIC FILING.

    Section 304(a) of the Federal Election Campaign Act of 1971 (2 
U.S.C. 434(a)) is amended by striking paragraph (11) and inserting the 
following:
    ``(11) Electronic filing.--
            ``(A) In general.--The Commission shall promulgate a 
        regulation under which a person required to file a designation, 
        statement, or report under this Act, in addition to the current 
        filing requirements--
                    ``(i) is required to maintain and file each 
                designation, statement, or report in electronic form 
                accessible by computer if the person has, or expects to 
                have, aggregate contributions or aggregate expenditures 
                in excess of a threshold amount determined by the 
                Commission; and
                    ``(ii) may maintain and file a designation, 
                statement, or report in electronic form accessible by 
                computer if not required to do so under the regulation 
                promulgated under clause (i).
            ``(B) Verification of filings.--
                    ``(i) Regulation.--The Commission shall promulgate 
                a regulation to provide a method for verifying a 
                designation, statement, report, or notification 
                required to be filed under this paragraph (other than 
                requiring a signature on the document being filed).
                    ``(ii) Treatment of verification.--A document 
                verified by the method promulgated under clause (i) 
                shall be treated for all purposes in the same manner as 
                a document verified by a signature.''.

SEC. 103. INDEPENDENT LITIGATION AUTHORITY.

    Section 306(f) of the Federal Election Campaign Act of 1971 (2 
U.S.C. 437c(f)) is amended by striking paragraph (4) and inserting the 
following:
            ``(4) Independent litigating authority.--
                    ``(A) In general.--Notwithstanding paragraph (2) or 
                any other provision of law, the Commission is 
                authorized to appear on its own behalf in any action 
                related to the exercise of its statutory duties or 
                powers in any court as either a party or as amicus 
                curiae, either--
                            ``(i) by attorneys employed in its office; 
                        or
                            ``(ii) by counsel whom the Commission may 
                        appoint, on a temporary basis as may be 
                        necessary for such purpose, 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, 
                        and whose compensation shall be paid out of any 
                        funds otherwise available to pay the 
                        compensation of employees of the Commission.
                    ``(B) Supreme court.--The authority granted under 
                subparagraph (A) includes the power to appeal from, and 
                petition the Supreme Court for certiorari to review, 
                judgments or decrees entered with respect to actions in 
                which the Commission appears pursuant to the authority 
                provided in this section.''.

SEC. 104. CIVIL ACTION.

    Section 309 of the Federal Election Campaign Act of 1971 (2 U.S.C. 
437g) is amended by adding at the end the following:
    ``(e) Civil Action.--
            ``(1) Authority to bring civil action.--If the Commission 
        does not act to investigate or dismiss a complaint within 120 
        days after the complaint is filed, the person who filed the 
        complaint may commence a civil action against the Commission in 
        United States district court for injunctive relief.
            ``(2) Attorney's fees.--The court may award the costs of 
        the litigation (including reasonable attorney's fees) to a 
        plaintiff who substantially prevails in the civil action.''.

SEC. 105. CIVIL PENALTY FOR CERTAIN REPORTING VIOLATIONS.

    Section 309(a) of the Federal Election Campaign Act of 1971 (2 
U.S.C. 437g(a)) is amended--
            (1) by adding at the end the following:
            ``(13) Penalty for late filing.--
                    ``(A) In general.--The Commission shall establish a 
                schedule of monetary penalties (not to exceed $5,000 
                for each violation) that may be imposed by the staff 
                director of the Commission for a failure to meet the 
                time requirements for filing under section 304.
                    ``(B) Publication of schedule.--The Commission 
                shall publish the schedule under subparagraph (A) in 
                the Federal Register at the beginning of every second 
                calendar year.
                    ``(C) Required filing of late report.--In addition 
                to the assessment of a penalty under subparagraph (A), 
                the Commission may require a report that has not been 
                filed within the time requirements of section 304 to be 
                filed by a specific date.
                    ``(D) Procedure for assessing penalties and filing 
                deadlines.--
                            ``(i) In general.--Penalties and filing 
                        requirements imposed under this paragraph shall 
                        not be subject to paragraph (1), (2), (3), (4), 
                        (5) or (12).
                            ``(ii) Determination.--In the assessment of 
                        a penalty under this paragraph, the staff 
                        director shall consider the following factors:
                                    ``(I) The timing of the required 
                                filing of the report with respect to an 
                                election and the damage of not having 
                                such report available to the 
                                Commission.
                                    ``(II) The filing and compliance 
                                record of the political committee 
                                involved.
                                    ``(III) The amount of the 
                                contribution or expenditure that is the 
                                subject of the penalty.
                    ``(E) Appeals.--
                            ``(i) In general.--A political committee 
                        shall have 30 days after the imposition of a 
                        penalty or filing requirement under this 
                        paragraph to file an appeal with the 
                        Commission.
                            ``(ii) Commission determination.--Within 30 
                        days after receiving an appeal under clause 
                        (i), the Commission shall make a determination 
                        that is a final agency action.
                            ``(iii) Court of appeals.--Not later than 
                        the date that is 30 days after the date of a 
                        final agency action under clause (ii), a 
                        committee may appeal such action to the court 
                        of appeals, and the judgment of the court of 
                        appeals affirming or setting aside the action 
                        of the Commission shall be final, subject to 
                        review by the Supreme Court of the United 
                        States upon certiorari or certification as 
                        provided in section 1254 of title 28, United 
                        States Code.
                    ``(F) Complete bar.--A penalty imposed under this 
                paragraph by the Commission, unless not satisfied, is a 
                complete bar to any further action by the Commission, 
                including the bringing of a civil proceeding under 
                paragraph (6)(A).'';
            (2) in paragraph (5)(D)--
                    (A) by inserting after the first sentence the 
                following: ``In any case in which a penalty or filing 
                requirement imposed on a political committee or 
                treasurer under paragraph (13) has not been satisfied, 
                the Commission may institute a civil action for 
                enforcement under paragraph 6(A).''; and
                    (B) by inserting before the period at the end of 
                the last sentence ``or has failed to pay a penalty or 
                meet a filing requirement imposed under paragraph 
                (13)''; and
            (3) in paragraph (6)(A), by striking ``paragraph (4)(A)'' 
        and inserting ``paragraph (4)(A) or (13)''.

SEC. 106. FILING OF SENATE REPORTS WITH THE FEDERAL ELECTION 
              COMMISSION.

    (a) Section 302 Amendment.--Section 302 of the Federal Election 
Campaign Act of 1971 (2 U.S.C. 432) is amended by striking subsection 
(g) and inserting the following:
    ``(g) Place of Filing.--All designations, statements, and reports 
required to be filed under this Act shall be filed with the 
Commission.''.
    (b) Conforming Amendments.--Title III of the Federal Election 
Campaign Act of 1971 (2 U.S.C. 431 et seq.) is amended--
            (1) in section 304--
                    (A) in subsection (a)(6)(A), by striking 
                ``Secretary or the Commission'' through ``as 
                appropriate'' and inserting ``Commission and Secretary 
                of State''; and
                    (B) in the third sentence of subsection (c)(2), by 
                striking ``the Secretary or''; and
            (2) in section 311(a)(4), by striking ``Secretary or the''.

SEC. 107. ADVISORY COMMITTEE.

    (a) Establishment.--There is established an advisory committee to 
be known as the ``Advisory Committee on Federal Campaign Reform'' 
(referred to in this section as the ``Committee'').
    (b) Duties of the Committee.--The Committee shall study the laws 
(including regulations) that affect how election campaigns for Federal 
office are conducted and the implementation of such laws and may make 
recommendations for change. The Committee may hold such hearings, sit 
and act at such time and places, take such testimony, and receive such 
evidence as the Committee considers advisable to carry out its 
responsibilities under this section.
    (c) Membership.--
            (1) Composition.--The Committee shall be composed of 9 
        members who are private citizens and are appointed as follows:
                    (A) One shall be appointed by the President.
                    (B) One shall be appointed by the majority leader 
                of the Senate.
                    (C) One shall be appointed by the Speaker of the 
                House of Representatives.
                    (D) One shall be appointed by the majority leader 
                of the House of Representatives.
                    (E) One shall be appointed by the minority leader 
                of the Senate.
                    (F) One shall be appointed by the minority leader 
                of the House of Representatives.
                    (G) One shall be appointed by the Supreme Court.
                    (H) One shall be appointed by the national 
                political party of which the candidate for the office 
                of President in the last general election received the 
                third largest number of popular votes.
                    (I) One shall be appointed by the American 
                Political Science Association.
        The Committee shall select a chair from among its members.
            (2) Political activity.--The individuals described in 
        subparagraphs (G), (H), and (I) of paragraph (1) shall be 
        individuals who have, during the time period beginning on the 
        date that is 5 years before the date of the appointment and 
        ending on the date of the appointment--
                    (A) not held elective office as a member of the 
                Democratic or Republican political party;
                    (B) not received any wages from the Democratic or 
                Republican political party; and
                    (C) not provided substantial volunteer services or 
                made any substantial contribution to the Democratic or 
                Republican political party or to a public officeholder 
                or candidate for public office who is associated with 
                the Democratic or Republican political party.
            (3) Relevant knowledge.--Individuals appointed under this 
        subsection shall have relevant knowledge for purposes of 
        appointment to the Committee including--
                    (A) a higher education degree in government, 
                politics, or public or business administration or 4 
                years of comparable work experience in the field of 
                government or politics; and
                    (B) 2 years or more of work experience in relation 
                to Federal election law or other Federal electoral 
                issues, or 4 years or more of such experience at the 
                State level.
            (4) Terms.--A member of the Committee may serve for not 
        more than 2 terms of 4 years in length.
            (5) Vacancies.--A vacancy in the Committee shall be filled 
        in the manner in which the original appointment was made.
            (6) Compensation.--Each member of the Committee shall each 
        be entitled to receive the daily equivalent of the annual rate 
        of basic pay in effect for level V of the Executive Schedule 
        under section 5316 of title 5, United States Code, for each 
day during which the member is engaged in the actual performance of the 
duties of the Committee.
            (7) Quorum.--5 members of the Committee shall constitute a 
        quorum, and any decision of the Committee shall require the 
        affirmative vote of 5 members.
            (8) Meetings.--The Committee shall meet at the call of the 
        chair or at the request of 5 members of the Committee.
    (d) Staff of Committee; Services.--Subject to rules adopted by the 
Committee, the chair, without regard to the provisions of title 5, 
United States Code, governing appointments in the competitive service 
and without regard to the provisions of chapter 51 and subchapter III 
of chapter 53 of that title relating to classifications and General 
Schedule pay rates, may appoint such staff personnel as the chair 
considers necessary and procure temporary and intermittent services to 
the same extent as is authorized by section 3109(b) of title 5, United 
States Code.
    (e) Recommendation; Fast Track Procedures.--
            (1) Report.--The Committee shall submit a report to 
        Congress on or before April 15, 2000, and every 2 years 
        thereafter.
            (2) Recommendations.--
                    (A) In general.--The report under paragraph (1) 
                shall include any recommendations for changes in the 
                laws (including regulations) governing the conduct of 
                Federal campaigns, including any changes in the rules 
                of the Senate or the House of Representatives, to which 
                5 or more members of the Committee agree.
                    (B) Form.--Such report shall include a draft of any 
                proposed legislation and include both the majority and 
                the minority views with regard to any recommendation.
            (3) Consideration by congress.--
                    (A) Rules of house of representatives and senate.--
                This paragraph is enacted by the Congress--
                            (i) as an exercise of the rulemaking power 
                        of the House of Representatives and of the 
                        Senate, respectively, and as such it shall be 
                        considered as part of the rules of each House, 
                        respectively, or of the House to which it 
                        specifically applies, and the rules shall 
                        supersede other rules only to the extent that 
                        they are inconsistent; and
                            (ii) with full recognition of the 
                        constitutional right of either House to change 
                        the rules (so far as the rules relate to that 
                        House) at any time, in the same manner, and to 
                        the same extent as in the case of any other 
                        rule of that House.
                    (B) Definition.--In this paragraph, the term 
                ``Federal election bill'' means only a bill of either 
                House of Congress that is introduced as provided in 
                subparagraph (C) to carry out the recommendations of 
                the Committee as set forth in any proposed legislation 
                submitted with the report under paragraph (1).
                    (C) Introduction and referral.--Not later than 3 
                days after the Committee submits draft legislation 
                under paragraph (1), a Federal election bill shall be 
                introduced (by request) in the House of Representatives 
                by the Majority Leader of the House, shall be 
                introduced (by request) in the Senate by the Majority 
                Leader of the Senate, and shall be referred to the 
                appropriate committee.
                    (D) Amendments prohibited.--No amendment to a 
                Federal election bill shall be in order in either the 
                House of Representatives or the Senate, no motion to 
                suspend the application of this subsection shall be in 
                order in either House, and it shall not be in order in 
                either House to entertain a request to suspend the 
                application of this subsection by unanimous consent.
                    (E) Period for committee and floor consideration.--
                            (i) Automatic discharge.--If the committee 
                        of either House to which a Federal election 
                        bill is referred has not reported the bill by 
                        the close of the 30th day after introduction, 
                        the committee shall be automatically discharged 
                        from further consideration of the bill, and the 
                        bill shall be placed on the appropriate 
                        calendar.
                            (ii) Procedure when there is prior passage 
                        of bill by other house.--If, prior to the 
                        passage by 1 House of a Federal election bill 
                        of that House, that House receives the same 
                        Federal election bill from the other House--
                                    (I) the procedure in that House 
                                shall be the same as if no 
Federal election bill had been received from the other House; but
                                    (II) the vote on final passage 
                                shall be on the Federal election bill 
                                of the other House.
                            (iii) Computation.--For purposes of clause 
                        (i), in computing a number of days in either 
                        House, there shall be excluded the days on 
                        which that House is not in session because of 
                        an adjournment of more than 3 days to a day 
                        certain or an adjournment of the Congress sine 
                        die.
                    (F) Floor consideration in the house.--
                            (i) Motion to proceed to consider.--
                                    (I) Privilege.--A motion in the 
                                House of Representatives to proceed to 
                                the consideration of a Federal election 
                                bill shall be highly privileged and not 
                                debatable, except that a motion to 
                                proceed to consider may be made only on 
                                the second legislative day after the 
                                calendar day on which the Member making 
                                the motion announces to the House the 
                                Member's intention to do so.
                                    (II) No amendment or motion to 
                                reconsider.--An amendment to the motion 
                                shall not be in order, and it shall not 
                                be in order to move to reconsider the 
                                vote by which the motion is agreed to 
                                or disagreed to.
                            (ii) Debate.--
                                    (I) Time.--Consideration of a 
                                Federal election bill in the House of 
                                Representatives shall be in the House, 
                                with debate limited to not more than 10 
                                hours, which shall be divided equally 
                                between the proponents and opponents of 
                                the bill.
                                    (II) No intervening motion.--The 
                                previous question on the Federal 
                                election bill shall be considered as 
                                ordered to final passage without 
                                intervening motion.
                                    (III) Motion to reconsider not in 
                                order.--It shall not be in order to 
                                move to reconsider the vote by which a 
                                Federal election bill is agreed to or 
                                disagreed to.
                            (iii) Appeals from decision of chair.--All 
                        appeals from the decisions of the Chair 
                        relating to the application of the rules of the 
                        House of Representatives to the procedure 
                        relating to a Federal election bill shall be 
                        decided without debate.
                    (G) Floor consideration in the senate.--
                            (i) Motion to proceed to consideration.--
                                    (I) Privilege.--A motion in the 
                                Senate to proceed to the consideration 
                                of a Federal election bill shall be 
                                privileged and not debatable.
                                    (II) No amendment or motion to 
                                reconsider.--An amendment to the motion 
                                shall not be in order, and it shall not 
                                be in order to move to reconsider the 
                                vote by which the motion is agreed to 
                                or disagreed to.
                            (ii) Debate of bill.--
                                    (I) Time.--Debate in the Senate on 
                                a Federal election bill, and all 
                                debatable motions and appeals in 
                                connection with the bill, shall be 
                                limited to not more than 10 hours.
                                    (II) Division of time.--The time 
                                shall be equally divided between, and 
                                controlled by, the Majority Leader and 
                                the Minority Leader or their designees.
                            (iii) Debate of motion or appeal.--
                                    (I) Time.--Debate in the Senate on 
                                any debatable motion or appeal in 
                                connection with a Federal election bill 
                                shall be limited to not more than 1 
                                hour, to be equally divided between, 
                                and controlled by, the proponent of the 
                                motion and the manager of the bill, 
                                except that if the manager of the bill 
                                is in favor of the motion or appeal, 
                                the time in opposition to the motion or 
                                appeal, shall be controlled by the 
                                Minority Leader or a designee of the 
                                Minority Leader.
                                    (II) Allotment of additional 
                                time.--The leaders under subclause (I), 
or either of them, may, from time under their control on the passage of 
a Federal election bill, allot additional time to a Senator during the 
consideration of a debatable motion or appeal.
                            (iv) Motion to limit debate.--A motion in 
                        the Senate to further limit debate is not 
                        debatable.
                            (v) Motion to recommit not in order.--A 
                        motion to recommit a Federal election bill is 
                        not in order.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section--
            (1) $1,000,000 for each of fiscal years 2000 and 2001; and
            (2) such sums as may be necessary for each fiscal year 
        after fiscal year 2001.
    (g) Effective Date.--Appointments under subsection (c) shall be 
made on or after January 1, 2000.

SEC. 108. FUNDING OF THE COMMISSION.

    (a) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this Act, the Federal Election Campaign Act 
of 1971 (2 U.S.C. 431 et seq.), and chapters 95 and 96 of the Internal 
Revenue Code of 1986--
            (1) for each of fiscal years 2000 and 2001, $50,000,000; 
        and
            (2) for each fiscal year after fiscal year 2001, such 
        amounts as necessary.
    (b) User Fee Schedule.--
            (1) In general.--The Federal Election Commission shall 
        establish by regulation a schedule of user fees that apply to 
        persons required to file a report under the Federal Election 
        Campaign Act of 1971 (2 U.S.C. 431 et seq.).
            (2) Requirements.--A user fee schedule established under 
        paragraph (1) shall--
                    (A) be printed in the Federal Register not less 
                than 30 days before a fiscal year begins;
                    (B) contain sufficient fees to meet the estimated 
                operating costs of the Federal Election Commission for 
                the next fiscal year;
                    (C) contain sufficient fees to meet the estimated 
                operating costs of the Advisory Committee on Federal 
                Campaign Reform;
                    (D) provide a waiver of fees for persons required 
                to file a report with the Federal Election Commission 
                for the first $50,000 of reported contributions with 
                respect to such person for the election cycle; and
                    (E) contain categories under which fees are 
                increased as the amount of contributions received by 
                such person increases.
            (3) Appropriations.--Any fees collected pursuant to this 
        subsection are hereby appropriated for use by the Federal 
        Election Commission in carrying out its duties under the 
        Federal Election Campaign Act of 1971, and for use by the 
        Advisory Committee on Federal Campaign Reform in carrying out 
        its duties under this Act, and shall remain available without 
        fiscal year limitation.
            (4) Limitation on amount.--
                    (A) Federal election commission.--The estimated 
                operating costs of the Federal Election Commission 
                under paragraph (3) shall not exceed an amount equal to 
                $50,000,000 (indexed as provided in section 315(c) with 
                a base year of 1998) and any amounts collected under 
                this subsection in excess of that amount shall be used 
                for operating costs in future fiscal years.
                    (B) Advising committee.--Subparagraph (A) shall 
                also apply to the Advisory Committee on Federal 
                Campaign Reform, except that $1,000,000 shall be 
                substituted for $50,000,000.
    (c) Conforming Amendment.--Title III of the Federal Election 
Campaign Act of 1971 (2 U.S.C. 431 et seq.) is amended by striking 
section 314 and inserting the following:

``SEC. 314. [REPEALED].''.

    (d) Effective Date.--The provisions of subsection (b) shall be 
effective for fiscal years beginning on or after December 31, 2000.

SEC. 109. AUDITS.

    (a) Random Audits.--Section 311(b) of the Federal Election Campaign 
Act of 1971 (2 U.S.C. 438(b)) is amended--
            (1) by inserting ``(1)'' before ``The Commission''; and
            (2) by adding at the end the following:
            ``(2) Random audits.--
                    ``(A) In general.--Notwithstanding paragraph (1), 
                the Commission may conduct random audits and 
                investigations to ensure voluntary compliance with this 
                Act.
                    ``(B) Limitation.--The Commission shall not conduct 
                an audit or investigation of a candidate's authorized 
                committee under paragraph (1) until the candidate is no 
                longer a candidate for the office sought by the 
                candidate in an election cycle.
                    ``(C) Applicability.--This paragraph does not apply 
                to an authorized committee of a candidate for President 
                or Vice President subject to audit under section 9007 
                or 9038 of the Internal Revenue Code of 1986.''.
    (b) Extension of Period During Which Campaign Audits May Be 
Begun.--Section 311(b) of the Federal Election Campaign Act of 1971 (2 
U.S.C. 438(b)) is amended by striking ``6 months'' and inserting ``12 
months''.

SEC. 110. AUTHORITY TO SEEK INJUNCTION.

    Section 309(a) of the Federal Election Campaign Act of 1971 (2 
U.S.C. 437g(a)) (as amended by section 105) is amended--
            (1) by adding at the end the following:
    ``(14)(A) If, at any time in a proceeding described in paragraph 
(1), (2), (3), or (4), the Commission believes that--
            ``(i) there is a substantial likelihood that a violation of 
        this Act is occurring or is about to occur;
            ``(ii) the failure to act expeditiously will result in 
        irreparable harm to a party affected by the potential 
        violation;
            ``(iii) expeditious action will not cause undue harm or 
        prejudice to the interests of others; and
            ``(iv) the public interest would be best served by the 
        issuance of an injunction;
the Commission may initiate a civil action for a temporary restraining 
order or a preliminary injunction pending the outcome of the 
proceedings described in paragraphs (1), (2), (3), and (4).
    ``(B) An action under subparagraph (A) shall be brought in the 
United States district court for the district in which the defendant 
resides, transacts business, or may be found, or in which the violation 
is occurring, has occurred, or is about to occur.'';
            (2) in paragraph (7), by striking ``(5) or (6)'' and 
        inserting ``(5), (6), or (13)''; and
            (3) in paragraph (11), by striking ``(6)'' and inserting 
        ``(6) or (13)''.

SEC. 111. INCREASE IN PENALTY FOR KNOWING AND WILLFUL VIOLATIONS.

    Section 309(a)(5)(B) of the Federal Election Campaign Act of 1971 
(2 U.S.C. 437g(a)(5)(B)) is amended by striking ``the greater of 
$10,000 or an amount equal to 200 percent'' and inserting ``the greater 
of $15,000 or an amount equal to 300 percent''.

SEC. 112. EXPEDITED PROCEDURES.

    Section 309(a) of the Federal Election Campaign Act of 1971 (2 
U.S.C. 437g(a)) (as amended by section 110) is amended by adding at the 
end the following:
            ``(15)(A) If the complaint in a proceeding was filed within 
        60 days immediately preceding a general election, the 
        Commission may take action described in this paragraph.
            ``(B) If the Commission determines, on the basis of facts 
        alleged in the complaint and other facts available to the 
        Commission, that there is clear and convincing evidence that a 
        violation of this Act has occurred, is occurring, or is about 
        to occur and it appears that the requirements for relief stated 
        in clauses (ii), (iii), and (iv) of paragraph (14)(A) are met, 
        the Commission may--
                    ``(i) order expedited proceedings, shortening the 
                time periods for proceedings under paragraphs (1), (2), 
                (3), and (4) as necessary to allow the matter to be 
                resolved in sufficient time before the election to 
                avoid harm or prejudice to the interests of the 
                parties; or
                    ``(ii) if the Commission determines that there is 
                insufficient time to conduct proceedings before the 
                election, immediately seek relief under paragraph 
                (14)(A).
            ``(C) If the Commission determines, on the basis of facts 
        alleged in the complaint and other facts available to the 
        Commission, that the complaint is clearly without merit, the 
        Commission may--
                    ``(i) order expedited proceedings, shortening the 
                time periods for proceedings under paragraphs (1), (2), 
                (3), and (4) as necessary to allow the matter to be 
                resolved in sufficient time before the election to 
                avoid harm or prejudice to the interests of the 
                parties; or
                    ``(ii) if the Commission determines that there is 
                insufficient time to conduct proceedings before the 
                election, summarily dismiss the complaint.''.

             TITLE II--ENHANCED CAMPAIGN FINANCE DISCLOSURE

SEC. 201. DEPOSIT OF CERTAIN CONTRIBUTIONS IN ESCROW ACCOUNT.

    Section 302 of the Federal Election Campaign Act of 1971 (2 U.S.C. 
432) is amended by adding at the end the following:
    ``(j) Deposit of Contributions.--The treasurer of a candidate's 
authorized committee shall not deposit (except in an escrow account), 
or otherwise negotiate, a contribution from a person who makes an 
aggregate amount of contributions in excess of $200 during a calendar 
year unless the treasurer verifies that the information required by 
this section is complete.''.

SEC. 202. REQUIRED CONTRIBUTOR CERTIFICATION.

    Section 301(13) of the Federal Election Campaign Act of 1971 (2 
U.S.C. 431(13)) is amended--
            (1) in subparagraph (A)--
                    (A) by striking ``and'' the first place it appears; 
                and
                    (B) by inserting ``, and an affirmation that the 
                individual is an individual who is not prohibited by 
                sections 319 and 320 from making the contribution'' 
                after ``employer''; and
            (2) in subparagraph (B) by inserting ``and an affirmation 
        that the person is a person that is not prohibited by sections 
        319 and 320 from making a contribution'' after ``such person''.

SEC. 203. REPORTING REQUIREMENTS.

    (a) Filing Date for Reports.--Section 304(a) of the Federal 
Election Campaign Act of 1971 (2 U.S.C. 434(a)) is amended--
            (1) in paragraph (2)(A)(i), by striking ``(or posted by 
        registered or certified mail no later than the 15th day 
        before)'';
            (2) in paragraph (4)(A)(ii), by striking ``(or posted by 
        registered or certified mail no later than the 15th day 
        before)''; and
            (3) by striking paragraph (5) and inserting ``(5) 
        [Repealed.]''.
    (b) Campaign-Cycle Reporting.--
            (1) In general.--Section 304(b) of the Federal Election 
        Campaign Act of 1971 (2 U.S.C. 434(b)) is amended--
                    (A) in paragraph (2), by inserting ``(or, in the 
                case of an authorized committee, the reporting period 
                and the election cycle)'' after ``calendar year'';
                    (B) in paragraph (3)--
                            (i) in subparagraph (A), by inserting 
                        ``(or, in the case of an authorized committee, 
                        within the election cycle)'' after ``calendar 
                        year'';
                            (ii) in subparagraph (F), by inserting 
                        ``(or, in the case of an authorized committee, 
                        within the election cycle)'' after ``calendar 
                        year''; and
                            (iii) in subparagraph (G), by inserting 
                        ``(or, in the case of an authorized committee, 
                        within the election cycle)'' after ``calendar 
                        year'';
                    (C) in paragraph (4), by inserting ``(or, in the 
                case of an authorized committee, the reporting period 
                and the election cycle)'' after ``calendar year'';
                    (D) in paragraph (5)(A), by inserting ``(or, in the 
                case of an authorized committee, within the election 
                cycle)'' after ``calendar year''; and
                    (E) in paragraph (6)(A), by striking ``calendar 
                year'' and inserting ``election cycle''.
            (2) Definition of election cycle.--Section 301 of the 
        Federal Election Campaign Act of 1971 (2 U.S.C. 431) is amended 
        by adding at the end the following:
            ``(20) Election cycle.--The term `election cycle' means the 
        period beginning on the day after the date of the most recent 
        general election for the specific office or seat that a 
        candidate is seeking and ending on the date of the next general 
        election for that office or seat.''.
    (c) Monthly Reporting by Multicandidate Political Committees.--
Section 304(a)(4)(B) of the Federal Election Campaign Act of 1971 (2 
U.S.C. 434(a)(4)(B)) is amended by adding at the end the following: 
``In the case of a multicandidate political committee that has received 
contributions aggregating $100,000 or more or made expenditures 
aggregating $100,000 or more, by January 1 of the calendar year, or 
anticipates receiving contributions aggregating $100,000 or more or 
making expenditures aggregating $100,000 or more during such year, the 
committee shall file monthly reports under this subparagraph.''.
    (d) Filing of Report of Independent Expenditures.--The second 
sentence of section 304(c)(2) of the Federal Election Campaign Act of 
1971 (2 U.S.C. 434(c)(2)) is amended by inserting ``and filed'' after 
``shall be reported''.
    (e) Disbursements to Secondary Payees.--
            (1) Committee records.--
                    (A) Information recorded by treasurer.--Section 
                302(c) of Federal Election Campaign Act of 1971 (2 
                U.S.C. 432(c)) is amended--
                            (i) in paragraph (4), by striking ``and'' 
                        at the end;
                            (ii) in paragraph (5), by striking the 
                        period and inserting ``; and''; and
                            (iii) by adding at the end the following:
            ``(6) in the case of a disbursement described in paragraph 
        (5) that is made to a person providing personal or consulting 
        services and is used by such person to make a disbursement to 
        another person (not including employees) who provides goods or 
        services to the candidate or the candidate's authorized 
        committees, the name and address of the other person, the date, 
        amount, and purpose of such disbursement, and a receipt, 
        invoice, or canceled check for each disbursement.''.
                    (B) Information reported to committee.--Section 302 
                of the Federal Election Campaign Act of 1971 (2 U.S.C. 
                432) (as amended by section 201) is amended by adding 
                at the end the following:
    ``(k) A person described in section 304(b)(5)(F) shall maintain 
records of and provide to a political committee the information 
necessary for the committee to report the information described in such 
section and maintain the information required under subsection (c).''.
            (2) Required disclosure.--Section 304(b) of the Federal 
        Election Campaign Act of 1971 (2 U.S.C. 434(b)) is amended--
                    (A) in paragraph (5)--
                            (i) in subparagraph (D), by striking 
                        ``and'' at the end;
                            (ii) in subparagraph (E), by inserting 
                        ``and'' after the semicolon; and
                            (iii) by adding at the end the following:
                    ``(F) in the case of an expenditure described in 
                subparagraph (A) that is made to a person providing 
                personal or consulting services and is used by such 
                person to make expenditures to another person (not 
                including employees) who provides goods or services to 
                the candidate or the candidate's authorized committees, 
                the other person, together with the date, amount, and 
                purpose of such expenditure, shall be disclosed;''; and
                    (B) in paragraph (6)--
                            (i) in subparagraph (A) (as amended by 
                        subsection (b)), by inserting ``and each other 
                        person described in paragraph (5)(F)'' after 
                        ``election cycle''; and
                            (ii) in subparagraph (B)(v), by inserting 
                        ``including other persons described in 
                        paragraph (5)(F)'' after ``person''.
    (f) Reporting of Certain Expenditures.--Section 304(a) of the 
Federal Election Campaign Act of 1971 (2 U.S.C. 434(a)) is amended by 
adding at the end the following:
    ``(12)(A)(i) A political committee, other than an authorized 
committee of a candidate, that has received contributions aggregating 
$100,000 or more or made expenditures aggregating $100,000 or more 
during the calendar year or anticipates receiving contributions 
aggregating $100,000 or more or making expenditures aggregating 
$100,000 or more during such year, shall notify the Commission in 
writing of any contribution in an aggregate amount equal to $1,000 or 
more received by the committee after the 20th day, but more than 48 
hours, before any election.
    ``(ii) Notification shall be made within 48 hours after the receipt 
of such contribution and shall include the name of the political 
committee, the identification of the contributor, and the date of 
receipt of the contribution.
    ``(B) The notification required under this paragraph shall be in 
addition to all other reporting requirements under this Act.''.
                                 <all>