[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 17 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                 S. 17

     To amend the Federal Election Campaign Act of 1971 to provide 
                      bipartisan campaign reform.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 22, 2001

  Mr. Daschle (for himself, Mr. Dodd, Mr. Lieberman, Mr. Dorgan, Mr. 
 Durbin, Mr. Biden, Mrs. Boxer, Mrs. Clinton, Mr. Corzine, Mr. Harkin, 
Mr. Johnson, Mr. Kennedy, Mr. Leahy, Ms. Mikulski, Mr. Rockefeller, Mr. 
    Sarbanes, Mr. Schumer, Mr. Akaka, and Mr. Kerry) introduced the 
 following bill; which was read twice and referred to the Committee on 
                        Rules and Administration

_______________________________________________________________________

                                 A BILL


 
     To amend the Federal Election Campaign Act of 1971 to provide 
                      bipartisan campaign reform.

    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 Elections 
Reform Act of 2001''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

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

Sec. 101. Soft money of political parties.
Sec. 102. Increased contribution limits for State committees of 
                            political parties and aggregate 
                            contribution limit for individuals.
Sec. 103. Reporting requirements.
           TITLE II--INDEPENDENT AND COORDINATED EXPENDITURES

Sec. 201. Definitions.
Sec. 202. Express advocacy determined without regard to background 
                            music.
Sec. 203. Civil penalty.
Sec. 204. Reporting requirements for certain independent expenditures.
Sec. 205. Independent versus coordinated expenditures by party.
Sec. 206. Coordination with candidates.
                         TITLE III--DISCLOSURE

Sec. 301. Audits.
Sec. 302. Reporting requirements for contributions of $50 or more.
Sec. 303. Use of candidates' names.
Sec. 304. Prohibition of false representation to solicit contributions.
Sec. 305. Campaign advertising.
                        TITLE IV--MISCELLANEOUS

Sec. 401. Codification of Beck decision.
Sec. 402. Use of contributed amounts for certain purposes.
Sec. 403. Limit on congressional use of the franking privilege.
Sec. 404. Prohibition of fundraising on Federal property.
Sec. 405. Penalties for violations.
Sec. 406. Strengthening foreign money ban.
Sec. 407. Prohibition of contributions by minors.
Sec. 408. Expedited procedures.
Sec. 409. Initiation of enforcement proceeding.
Sec. 410. Protecting equal participation of eligible voters in 
                            campaigns and elections.
Sec. 411. Penalty for violation of prohibition against foreign 
                            contributions.
Sec. 412. Expedited court review of certain alleged violations of 
                            Federal Election Campaign Act of 1971.
Sec. 413. Conspiracy to violate presidential campaign spending limits.
Sec. 414. Deposit of certain contributions and donations in Treasury 
                            account.
Sec. 415. Establishment of a clearinghouse of information on political 
                            activities within the Federal Election 
                            Commission.
Sec. 416. Enforcement of spending limit on presidential and vice 
                            presidential candidates who receive public 
                            financing.
Sec. 417. Clarification of right of nationals of the United States to 
                            make political contributions.
Sec. 418. Prohibiting use of White House meals and accommodations for 
                            political fundraising.
Sec. 419. Prohibition against acceptance or solicitation to obtain 
                            access to certain Federal government 
                            property.
Sec. 420. Requiring national parties to reimburse at cost for use of 
                            Air Force One for political fundraising.
Sec. 421. Enhancing enforcement of campaign finance law.
Sec. 422. Ban on coordination of soft money for issue advocacy by 
                            presidential candidates receiving public 
                            financing.
Sec. 423. Requirement that names of passengers on Air Force One and Air 
                            Force Two be made available through the 
                            Internet.
            TITLE V--ELECTION ADMINISTRATION AND TECHNOLOGY

Sec. 501. Findings.
Subtitle A--Establishment of Commission on Voting Rights and Procedures

Sec. 511. Establishment.
Sec. 512. Membership of the Commission.
Sec. 513. Duties of the Commission.
Sec. 514. Powers of the Commission.
Sec. 515. Personnel matters.
Sec. 516. Termination of the Commission.
Sec. 517. Authorization of appropriations for the Commission.
                       Subtitle B--Grant Program

Sec. 521. Establishment of grant program.
Sec. 522. Authorized activities.
Sec. 523. General policies and criteria.
Sec. 524. Submission of State plans.
Sec. 525. Approval of State plans.
Sec. 526. Federal matching funds.
Sec. 527. Audits and examinations.
Sec. 528. Reports.
Sec. 529. State defined.
Sec. 530. Authorization of appropriations.
                       Subtitle C--Miscellaneous

Sec. 541. Relationship to other laws.
                       TITLE VI--MILITARY VOTING

Sec. 601. Short title.
Sec. 602. Guarantee of residency.
Sec. 603. State responsibility to guarantee military voting rights.
TITLE VII--SEVERABILITY; CONSTITUTIONALITY; EFFECTIVE DATE; REGULATIONS

Sec. 701. Severability.
Sec. 702. Review of constitutional issues.
Sec. 703. Effective date.
Sec. 704. Regulations.

            TITLE I--REDUCTION OF SPECIAL INTEREST INFLUENCE

SEC. 101. SOFT MONEY OF POLITICAL PARTIES.

    (a) In General.--Title III of the Federal Election Campaign Act of 
1971 (2 U.S.C. 431 et seq.) is amended by adding at the end the 
following:

``SEC. 323. SOFT MONEY OF POLITICAL PARTIES.

    ``(a) National Committees.--
            ``(1) In general.--A national committee of a political 
        party (including a national congressional campaign committee of 
        a political party) and any officers or agents of such party 
        committees, shall not solicit, receive, or direct to another 
        person a contribution, donation, or transfer of funds, or spend 
        any funds, that are not subject to the limitations, 
        prohibitions, and reporting requirements of this Act.
            ``(2) Applicability.--This subsection shall apply to an 
        entity that is directly or indirectly established, financed, 
        maintained, or controlled by a national committee of a 
        political party (including a national congressional campaign 
        committee of a political party), or an entity acting on behalf 
        of a national committee, and an officer or agent acting on 
        behalf of any such committee or entity.
    ``(b) State, District, and Local Committees.--
            ``(1) In general.--An amount that is expended or disbursed 
        by a State, district, or local committee of a political party 
        (including an entity that is directly or indirectly 
        established, financed, maintained, or controlled by a State, 
        district, or local committee of a political party and an 
        officer or agent acting on behalf of such committee or entity)  
for Federal election activity shall be made from funds subject to the 
limitations, prohibitions, and reporting requirements of this Act.
            ``(2) Federal election activity.--
                    ``(A) In general.--The term `Federal election 
                activity' means--
                            ``(i) voter registration activity during 
                        the period that begins on the date that is 120 
                        days before the date a regularly scheduled 
                        Federal election is held and ends on the date 
                        of the election;
                            ``(ii) voter identification, get-out-the-
                        vote activity, or generic campaign activity 
                        conducted in connection with an election in 
                        which a candidate for Federal office appears on 
                        the ballot (regardless of whether a candidate 
                        for State or local office also appears on the 
                        ballot); and
                            ``(iii) a communication that refers to a 
                        clearly identified candidate for Federal office 
                        (regardless of whether a candidate for State or 
                        local office is also mentioned or identified) 
                        and is made for the purpose of influencing a 
                        Federal election (regardless of whether the 
                        communication is express advocacy).
                    ``(B) Excluded activity.--The term `Federal 
                election activity' does not include an amount expended 
                or disbursed by a State, district, or local committee 
                of a political party for--
                            ``(i) campaign activity conducted solely on 
                        behalf of a clearly identified candidate for 
                        State or local office, provided the campaign 
                        activity is not a Federal election activity 
                        described in subparagraph (A);
                            ``(ii) a contribution to a candidate for 
                        State or local office, provided the 
                        contribution is not designated or used to pay 
                        for a Federal election activity described in 
                        subparagraph (A);
                            ``(iii) the costs of a State, district, or 
                        local political convention;
                            ``(iv) the costs of grassroots campaign 
                        materials, including buttons, bumper stickers, 
                        and yard signs, that name or depict only a 
                        candidate for State or local office;
                            ``(v) the non-Federal share of a State, 
                        district, or local party committee's 
                        administrative and overhead expenses (but not 
                        including the compensation in any month of an 
                        individual who spends more than 20 percent of 
                        the individual's time on Federal election 
                        activity) as determined by a regulation 
                        promulgated by the Commission to determine the 
                        non-Federal share of a State, district, or 
                        local party committee's administrative and 
                        overhead expenses; and
                            ``(vi) the cost of constructing or 
                        purchasing an office facility or equipment for 
                        a State, district or local committee.
    ``(c) Fundraising Costs.--An amount spent by a national, State, 
district, or local committee of a political party, by an entity that is 
established, financed, maintained, or controlled by a national, State, 
district, or local committee of a political party, or by an agent or 
officer of any such committee or entity, to raise funds that are used, 
in whole or in part, to pay the costs of a Federal election activity 
shall be made from funds subject to the limitations, prohibitions, and 
reporting requirements of this Act.
    ``(d) Tax-Exempt Organizations.--A national, State, district, or 
local committee of a political party (including a national 
congressional campaign committee of a political party), an entity that 
is directly or indirectly established, financed, maintained, or 
controlled by any such national, State, district, or local committee or 
its agent, and an officer or agent acting on behalf of any such party 
committee or entity, shall not solicit any funds for, or make or direct 
any donations to, an organization that is described in section 501(c) 
of the Internal Revenue Code of 1986 and exempt from taxation under 
section 501(a) of such Code (or has submitted an application to the 
Commissioner of the Internal Revenue Service for determination of tax-
exemption under such section).
    ``(e) Candidates.--
            ``(1) In general.--A candidate, individual holding Federal 
        office, agent of a candidate or individual holding Federal 
        office, or an entity directly or indirectly established, 
        financed, maintained or controlled by or acting on behalf of 
        one or more candidates or individuals holding Federal office, 
        shall not--
                    ``(A) solicit, receive, direct, transfer, or spend 
                funds in connection with an election for Federal 
                office, including funds for any Federal election 
                activity, unless the funds are subject to the 
                limitations, prohibitions, and reporting requirements 
                of this Act; or
                    ``(B) solicit, receive, direct, transfer, or spend 
                funds in connection with any election other than an 
                election for Federal office or disburse funds in 
                connection with such an election unless the funds--
                            ``(i) are not in excess of the amounts 
                        permitted with respect to contributions to 
                        candidates and political committees under 
                        paragraphs (1) and (2) of section 315(a); and
                            ``(ii) are not from sources prohibited by 
                        this Act from making contributions with respect 
                        to an election for Federal office.
            ``(2) State law.--Paragraph (1) does not apply to the 
        solicitation, receipt, or spending of funds by an individual 
        who is a candidate for a State or local office in connection 
        with such election for State or local office if the 
        solicitation, receipt, or spending of funds is permitted under 
        State law for any activity other than a Federal election 
        activity.
            ``(3) Fundraising events.--Notwithstanding paragraph (1), a 
        candidate may attend, speak, or be  a featured guest at a 
fundraising event for a State, district, or local committee of a 
political party.''.
    (b) Definition of Generic Campaign Activity.--Section 301 of the 
Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) (as 
amended by section 201(b)) is further amended by adding at the end the 
following:
            ``(21) Generic campaign activity.--The term `generic 
        campaign activity' means an activity that promotes a political 
        party and does not promote a candidate or non-Federal 
        candidate.''.

SEC. 102. INCREASED CONTRIBUTION LIMITS FOR STATE COMMITTEES OF 
              POLITICAL PARTIES AND AGGREGATE CONTRIBUTION LIMIT FOR 
              INDIVIDUALS.

    (a) Contribution Limit for State Committees of Political Parties.--
Section 315(a)(1) of the Federal Election Campaign Act of 1971 (2 
U.S.C. 441a(a)(1)) is amended--
            (1) in subparagraph (B), by striking ``or'' at the end;
            (2) in subparagraph (C)--
                    (A) by inserting ``(other than a committee 
                described in subparagraph (D))'' after ``committee''; 
                and
                    (B) by striking the period at the end and inserting 
                ``; or''; and
            (3) by adding at the end the following:
            ``(D) to a political committee established and maintained 
        by a State committee of a political party in any calendar year 
        that, in the aggregate, exceed $10,000.''.
    (b) Aggregate Contribution Limit for Individual.--Section 315(a)(3) 
of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(3)) is 
amended by striking ``$25,000'' and inserting ``$30,000''.

SEC. 103. REPORTING REQUIREMENTS.

    (a) Reporting Requirements.--Section 304 of the Federal Election 
Campaign Act of 1971 (2 U.S.C. 434), as amended by section 204, is 
amended by inserting after subsection (f) the following:
    ``(g) Political Committees.--
            ``(1) National and congressional political committees.--The 
        national committee of a political party, any national 
        congressional campaign committee of a political party, and any 
        subordinate committee of either, shall report all receipts and 
        disbursements during the reporting period.
            ``(2) Other political committees to which section 323 
        applies.--In addition to any other reporting requirements 
        applicable under this Act, a political committee (not described 
        in paragraph (1)) to which section 323(b)(1) applies shall 
        report all receipts and disbursements made for activities 
        described in paragraphs (2)(A) and (2)(B)(v) of section 323(b).
            ``(3) Itemization.--If a political committee has receipts 
        or disbursements to which this subsection applies from any 
        person aggregating in excess of $200 for any calendar year, the 
        political committee shall separately itemize its reporting for 
        such person in the same manner as required in paragraphs 
        (3)(A), (5), and (6) of subsection (b).
            ``(4) Reporting periods.--Reports required to be filed 
        under this subsection shall be filed for the same time periods 
        required for political committees under subsection (a).''.
    (b) Building Fund Exception to the Definition of Contribution.--
Section 301(8)(B) of the Federal Election Campaign Act of 1971 (2 
U.S.C. 431(8)(B)) is amended--
            (1) by striking clause (viii); and
            (2) by redesignating clauses (ix) through (xv) as clauses 
        (viii) through (xiv), respectively.

           TITLE II--INDEPENDENT AND COORDINATED EXPENDITURES

SEC. 201. DEFINITIONS.

    (a) Definition of Independent Expenditure.--Section 301 of the 
Federal Election Campaign Act (2 U.S.C. 431) is amended by striking 
paragraph (17) and inserting the following:
            ``(17) Independent expenditure.--
                    ``(A) In general.--The term `independent 
                expenditure' means an expenditure by a person--
                            ``(i) for a communication that is express 
                        advocacy; and
                            ``(ii) that is not coordinated activity or 
                        is not provided in coordination with a 
                        candidate or a candidate's agent or a person 
                        who is coordinating with a candidate or a 
                        candidate's agent.''.
    (b) Definition of Express Advocacy.--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) Express advocacy.--
                    ``(A) In general.--The term `express advocacy' 
                means a communication that advocates the election or 
                defeat of a candidate by--
                            ``(i) containing a phrase such as `vote 
                        for', `re-elect', `support', `cast your ballot 
                        for', `(name of candidate) for Congress', 
                        `(name of candidate) in 1997', `vote against', 
                        `defeat', `reject', or a campaign slogan or 
                        words that in context can have no reasonable 
                        meaning other than to advocate the election or 
                        defeat of one or more clearly identified 
                        candidates;
                            ``(ii) referring to one or more clearly 
                        identified candidates in a paid advertisement 
                        that is transmitted through radio or television 
                        within 60 calendar days preceding the date of 
                        an election of the candidate and that appears 
                        in the State in which the election is 
                        occurring, except that with respect to a 
                        candidate for the office of Vice President or 
                        President, the time period is within 60 
                        calendar days preceding the date of a general 
                        election; or
                            ``(iii) expressing unmistakable and 
                        unambiguous support for or opposition to one  
or more clearly identified candidates when taken as a whole and with 
limited reference to external events, such as proximity to an election.
                    ``(B) Voting record and voting guide exception.--
                The term `express advocacy' does not include a 
                communication which is in printed form or posted on the 
                Internet that--
                            ``(i) presents information solely about the 
                        voting record or position on a campaign issue 
                        of one or more candidates (including any 
                        statement by the sponsor of the voting record 
                        or voting guide of its agreement or 
                        disagreement with the record or position of a 
                        candidate), so long as the voting record or 
                        voting guide when taken as a whole does not 
                        express unmistakable and unambiguous support 
                        for or opposition to one or more clearly 
                        identified candidates;
                            ``(ii) is not coordinated activity or is 
                        not made in coordination with a candidate, 
                        political party, or agent of the candidate or 
                        party, or a candidate's agent or a person who 
                        is coordinating with a candidate or a 
                        candidate's agent, except that nothing in this 
                        clause may be construed to prevent the sponsor 
                        of the voting guide from directing questions in 
                        writing to a candidate about the candidate's 
                        position on issues for purposes of preparing a 
                        voter guide or to prevent the candidate from 
                        responding in writing to such questions; and
                            ``(iii) does not contain a phrase such as 
                        `vote for', `re-elect', `support', `cast your 
                        ballot for', `(name of candidate) for 
                        Congress', `(name of candidate) in (year)', 
                        `vote against', `defeat', or `reject', or a 
                        campaign slogan or words that in context can 
                        have no reasonable meaning other than to urge 
                        the election or defeat of one or more clearly 
                        identified candidates.''.
    (c) Definition of Expenditure.--Section 301(9)(A) of the Federal 
Election Campaign Act of 1971 (2 U.S.C. 431(9)(A)) is amended--
            (1) in clause (i), by striking ``and'' at the end;
            (2) in clause (ii), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(iii) a payment made by a political committee for a 
        communication that--
                    ``(I) refers to a clearly identified candidate; and
                    ``(II) is for the purpose of influencing a Federal 
                election (regardless of whether the communication is 
                express advocacy).''.

SEC. 202. EXPRESS ADVOCACY DETERMINED WITHOUT REGARD TO BACKGROUND 
              MUSIC.

    Section 301(20) of the Federal Election Campaign Act of 1971 (2 
U.S.C. 431(20)), as added by section 201(b), is amended by adding at 
the end the following new subparagraph:
                    ``(C) Background music.--In determining whether any 
                communication by television or radio broadcast 
                constitutes express advocacy for purposes of this Act, 
                there shall not be taken into account any background 
                music not including lyrics used in such broadcast.''.

SEC. 203. CIVIL PENALTY.

    Section 309 of the Federal Election Campaign Act of 1971 (2 U.S.C. 
437g) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (4)(A)--
                            (i) in clause (i), by striking ``clause 
                        (ii)'' and inserting ``clauses (ii) and 
                        (iii)''; and
                            (ii) by adding at the end the following:
    ``(iii) If the Commission determines by an affirmative vote of 4 of 
its members that there is probable cause to believe that a person has 
made a knowing and willful violation of section 304(c), the Commission 
shall not enter into a conciliation agreement under this paragraph and 
may institute a civil action for relief under paragraph (6)(A).''; and
                    (B) in paragraph (6)(B), by inserting ``(except an 
                action instituted in connection with a knowing and 
                willful violation of section 304(c))'' after 
                ``subparagraph (A)''; and
            (2) in subsection (d)(1)--
                    (A) in subparagraph (A), by striking ``Any person'' 
                and inserting ``Except as provided in subparagraph (D), 
                any person''; and
                    (B) by adding at the end the following:
    ``(D) In the case of a knowing and willful violation of section 
304(c) that involves the reporting of an independent expenditure, the 
violation shall not be subject to this subsection.''.

SEC. 204. REPORTING REQUIREMENTS FOR CERTAIN INDEPENDENT EXPENDITURES.

    Section 304 of the Federal Election Campaign Act of 1971 (2 U.S.C. 
434) is amended--
            (1) in subsection (c)(2), by striking the undesignated 
        matter after subparagraph (C);
            (2) by redesignating paragraph (3) of subsection (c) as 
        subsection (e); and
            (3) by inserting after subsection (e), as redesignated by 
        paragraph (2), the following:
    ``(f) Time for Reporting Certain Expenditures.--
            ``(1) Expenditures aggregating $1,000.--
                    ``(A) Initial report.--A person (including a 
                political committee) that makes or contracts to make 
                independent expenditures aggregating $1,000 or more 
                after the 20th day, but more than 24 hours, before the 
                date of an election shall file a report describing the 
                expenditures within 24 hours after that amount of 
                independent expenditures has been made.
                    ``(B) Additional reports.--After a person files a 
                report under subparagraph (A), the person shall file an 
                additional report within 24 hours after each time the 
                person makes or contracts to make independent 
                expenditures aggregating an additional $1,000 with 
                respect to the same election as that to which the 
                initial report relates.
            ``(2) Expenditures aggregating $10,000.--
                    ``(A) Initial report.--A person (including a 
                political committee) that makes or contracts to make 
                independent expenditures aggregating $10,000 or more at 
                any time up to and including the 20th day before the 
                date of an election shall file a report describing the 
                expenditures within 48 hours after that amount of 
                independent expenditures has been made.
                    ``(B) Additional reports.--After a person files a 
                report under subparagraph (A), the person shall file an 
                additional report within 48 hours after each time the 
                person makes or contracts to make independent 
                expenditures aggregating an additional $10,000 with 
                respect to the same election as that to which the 
                initial report relates.
            ``(3) Place of filing; contents.--A report under this 
        subsection--
                    ``(A) shall be filed with the Commission; and
                    ``(B) shall contain the information required by 
                subsection (b)(6)(B)(iii), including the name of each 
                candidate whom an expenditure is intended to support or 
                oppose.''.

SEC. 205. INDEPENDENT VERSUS COORDINATED EXPENDITURES BY PARTY.

    Section 315(d) of the Federal Election Campaign Act (2 U.S.C. 
441a(d)) is amended--
            (1) in paragraph (1), by striking ``and (3)'' and inserting 
        ``, (3), and (4)''; and
            (2) by adding at the end the following:
    ``(4) Independent Versus Coordinated Expenditures by Party.--
            ``(A) In general.--On or after the date on which a 
        political party nominates a candidate, a committee of the 
        political party shall not make both expenditures under this 
        subsection and independent expenditures (as defined in section 
        301(17)) with respect to the candidate during the election 
        cycle.
            ``(B) Certification.--Before making a coordinated 
        expenditure under this subsection with respect to a candidate, 
        a committee of a political party shall file with the Commission 
        a certification, signed by the treasurer of the committee, that 
        the committee has not and shall not make any independent 
        expenditure with respect to the candidate during the same 
        election cycle.
            ``(C) Application.--For the purposes of this paragraph, all 
        political committees established and maintained by a national 
        political party (including all congressional campaign 
        committees) and all political committees established and 
        maintained by a State political party (including any 
        subordinate committee of a State committee) shall be considered 
        to be a single political committee.
            ``(D) Transfers.--A committee of a political party that 
        submits a certification under subparagraph (B) with respect to 
        a candidate shall not, during an election cycle, transfer any 
        funds to, assign authority to make coordinated expenditures 
        under this subsection to, or receive a transfer of funds from, 
        a committee of the political party that has made or intends to 
        make an independent expenditure with respect to the 
        candidate.''.

SEC. 206. COORDINATION WITH CANDIDATES.

    (a) Definition of Coordination With Candidates.--
            (1) Section 301(8).--Section 301(8) of the Federal Election 
        Campaign Act of 1971 (2 U.S.C. 431(8)) is amended--
                    (A) in subparagraph (A)--
                            (i) by striking ``or'' at the end of clause 
                        (i);
                            (ii) by striking the period at the end of 
                        clause (ii) and inserting ``; or''; and
                            (iii) by adding at the end the following:
                            ``(iii) coordinated activity (as defined in 
                        subparagraph (C)).''; and
                    (B) by adding at the end the following:
                    ``(C) Coordinated activity.--The term `coordinated 
                activity' means anything of value provided by a person 
                in coordination with a candidate, an agent of the 
                candidate, or the political party of the candidate or 
                its agent for the purpose of influencing a Federal 
                election (regardless of whether the value being 
                provided is a communication that is express advocacy) 
                in which such candidate seeks nomination or election to 
                Federal office, and includes any of the following:
                            ``(i) A payment made by a person in 
                        cooperation, consultation, or concert with, at 
                        the request or suggestion of, or pursuant to 
                        any general or particular understanding with a 
                        candidate, the candidate's authorized 
                        committee, the political party of the 
                        candidate, or an agent acting on behalf of a 
                        candidate, authorized committee, or the 
                        political party of the candidate.
                            ``(ii) A payment made by a person for the 
                        production, dissemination, distribution, or 
                        republication, in whole or in part, of any 
                        broadcast or any written, graphic, or other 
                        form of campaign material prepared by a 
                        candidate, a candidate's authorized committee, 
                        or an agent of a candidate or authorized 
                        committee (not including a communication 
                        described in paragraph (9)(B)(i) or a 
                        communication that expressly advocates the 
                        candidate's defeat).
                            ``(iii) A payment made by a person based on 
                        information about a candidate's plans, 
                        projects, or needs provided to the person 
                        making the payment by the candidate or the 
                        candidate's agent who provides the information 
                        with the intent that the payment be made.
                            ``(iv) A payment made by a person if, in 
                        the same election cycle in which the payment is 
                        made, the person making the payment is serving 
                        or has served as a member, employee, 
                        fundraiser, or agent of the candidate's 
                        authorized committee in an executive or 
                        policymaking position.
                            ``(v) A payment made by a person if the 
                        person making the payment has served in any 
                        formal policy making or advisory position with 
                        the candidate's campaign or has participated in 
                        formal strategic or formal policymaking 
                        discussions (other than any discussion treated 
                        as a lobbying contact under the Lobbying 
                        Disclosure Act of 1995 in the case of a 
                        candidate holding Federal office or as a 
                        similar lobbying activity in the case of a 
                        candidate holding State or other elective 
                        office) with the candidate's campaign relating 
                        to the candidate's pursuit of nomination for 
                        election, or election, to Federal office, in 
                        the same election cycle as the election cycle 
                        in which the payment is made.
                            ``(vi) A payment made by a person if, in 
                        the same election cycle, the person making the 
                        payment retains the professional services of 
                        any person that has provided or is providing 
                        campaign-related services in the same election 
                        cycle to a candidate (including services 
                        provided through a political committee of the 
                        candidate's political party) in connection with 
                        the candidate's pursuit of nomination for 
                        election, or election, to Federal office, 
                        including services relating to the candidate's 
                        decision to seek Federal office, and the person 
                        retained is retained to work on activities 
                        relating to that candidate's campaign.
                            ``(vii) A payment made by a person who has 
                        directly participated in fundraising activities 
                        with the candidate or in the solicitation or 
                        receipt of contributions on behalf of the 
                        candidate.
                            ``(viii) A payment made by a person who has 
                        communicated with the candidate or an agent of 
                        the candidate (including a communication 
                        through a political committee of the 
                        candidate's political party) after the 
                        declaration of candidacy (including a pollster, 
                        media consultant, vendor, advisor, or staff 
                        member acting on behalf  of the candidate), 
about advertising message, allocation of resources, fundraising, or 
other campaign matters related to the candidate's campaign, including 
campaign operations, staffing, tactics, or strategy.
                            ``(ix) The provision of in-kind 
                        professional services or polling data 
                        (including services or data provided through a 
                        political committee of the candidate's 
                        political party) to the candidate or 
                        candidate's agent.
                            ``(x) A payment made by a person who has 
                        engaged in a coordinated activity with a 
                        candidate described in clauses (i) through (ix) 
                        for a communication that clearly refers to the 
                        candidate or the candidate's opponent and is 
                        for the purpose of influencing that 
                        candidates's election (regardless of whether 
                        the communication is express advocacy).
                    ``(D) Professional services.--For purposes of 
                subparagraph (C), the term `professional services' 
                means polling, media advice, fundraising, campaign 
                research or direct mail (except for mailhouse services 
                solely for the distribution of voter guides as defined 
                in section 301(20)(B)) services in support of a 
                candidate's pursuit of nomination for election, or 
                election, to Federal office.
                    ``(E) Aggregation.--For purposes of subparagraph 
                (C), all political committees established and 
                maintained by a national political party (including all 
                congressional campaign committees) and all political 
                committees established and maintained by a State 
                political party (including any subordinate committee of 
                a State committee) shall be considered to be a single 
                political committee.''.
            (2) Section 315(a)(7).--Section 315(a)(7) of the Federal 
        Election Campaign Act of 1971 (2 U.S.C. 441a(a)(7)) is amended 
        by striking subparagraph (B) and inserting the following:
                    ``(B) a coordinated activity, as described in 
                section 301(8)(C), shall be considered to be a 
                contribution to the candidate, and in the case of a 
                limitation on expenditures, shall be treated as an 
                expenditure by the candidate; and''.
    (b) Meaning of Contribution or Expenditure for the Purposes of 
Section 316.--Section 316(b)(2) of the Federal Election Campaign Act of 
1971 (2 U.S.C. 441b(b)) is amended by striking ``shall include'' and 
inserting ``includes a contribution or expenditure, as those terms are 
defined in section 301, and also includes''.

                         TITLE III--DISCLOSURE

SEC. 301. 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 striking ``(b) The Commission'' and inserting the 
        following:
    ``(b) Audits.--
            ``(1) In general.--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. The selection of any candidate for a random audit 
                or investigation shall be based on criteria adopted by 
                a vote of at least four members of the Commission.
                    ``(B) Limitation.--The Commission shall not conduct 
                an audit or investigation of a candidate's authorized 
                committee under subparagraph (A) 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. 302. REPORTING REQUIREMENTS FOR CONTRIBUTIONS OF $50 OR MORE.

    Section 304(b)(3)(A) of the Federal Election Campaign Act at 1971 
(2 U.S.C. 434(b)(3)(A)) is amended--
            (1) by striking ``$200'' and inserting ``$50''; and
            (2) by striking the semicolon and inserting ``, except that 
        in the case of a person who makes contributions aggregating at 
        least $50 but not more than $200 during the calendar year, the 
        identification need include only the name and address of the 
        person;''.

SEC. 303. USE OF CANDIDATES' NAMES.

    Section 302(e) of the Federal Election Campaign Act of 1971 (2 
U.S.C. 432(e)) is amended by striking paragraph (4) and inserting the 
following:
    ``(4) Name of committee.--
            ``(A) Authorized committee.--The name of each authorized 
        committee shall include the name of the candidate who 
        authorized the committee under paragraph (1).
            ``(B) Other political committees.--A political committee 
        that is not an authorized committee shall not--
                    ``(i) include the name of any candidate in its 
                name; or
                    ``(ii) except in the case of a national, State, or 
                local party committee, use the name of any candidate in 
                any activity on behalf of the committee in such a 
                context as to suggest that the committee is an 
                authorized committee of the candidate or that the use 
                of the candidate's name has been authorized by the 
                candidate.''.

SEC. 304. PROHIBITION OF FALSE REPRESENTATION TO SOLICIT CONTRIBUTIONS.

    Section 322 of the Federal Election Campaign Act of 1971 (2 U.S.C. 
441h) is amended--
            (1) by inserting after ``Sec. 322.'' the following: ``(a) 
        In General.--''; and
            (2) by adding at the end the following:
    ``(b) Solicitation of Contributions.--No person shall solicit 
contributions by falsely representing himself or herself as a candidate 
or as a representative of a candidate, a political committee, or a 
political party.''.

SEC. 305. CAMPAIGN ADVERTISING.

    Section 318 of the Federal Election Campaign Act of 1971 (2 U.S.C. 
441d) is amended--
            (1) in subsection (a)--
                    (A) in the matter preceding paragraph (1)--
                            (i) by striking ``Whenever'' and inserting 
                        ``Whenever a political committee makes a 
                        disbursement for the purpose of financing any 
                        communication through any broadcasting station, 
                        newspaper, magazine, outdoor advertising 
                        facility, mailing, or any other type of general 
                        public political advertising, or whenever'';
                            (ii) by striking ``an expenditure'' and 
                        inserting ``a disbursement''; and
                            (iii) by striking ``direct''; and
                    (B) in paragraph (3), by inserting ``and permanent 
                street address'' after ``name''; and
            (2) by adding at the end the following:
    ``(c) Specification.--Any printed communication described in 
subsection (a) shall--
            ``(1) be of sufficient type size to be clearly readable by 
        the recipient of the communication;
            ``(2) be contained in a printed box set apart from the 
        other contents of the communication; and
            ``(3) be printed with a reasonable degree of color contrast 
        between the background and the printed statement.
    ``(d) Additional Requirements.--
            ``(1) Audio statement.--
                    ``(A) Candidate.--Any communication described in 
                paragraphs (1) or (2) of subsection (a) which is 
                transmitted through radio or television shall include, 
                in addition to the requirements of that paragraph, an 
                audio statement by the candidate that identifies the 
                candidate and states that the candidate has approved 
                the communication.
                    ``(B) Other persons.--Any communication described 
                in paragraph (3) of subsection (a) which is transmitted 
                through radio or television shall include, in addition 
                to the requirements of that paragraph, in a clearly 
                spoken manner, the following statement: 
                `________________ is responsible for the content of 
                this advertisement.' (with the blank to be filled in 
                with the name of the political committee or other 
                person paying for the communication and the name of any 
                connected organization of the payor). If transmitted 
                through television, the statement shall also appear in 
                a clearly readable manner with a reasonable degree of 
                color contrast between the background and the printed 
                statement, for a period of at least 4 seconds.''.
            ``(2) Television.--If a communication described in 
        paragraph (1)(A) is transmitted through television, the 
        communication shall include, in addition to the audio statement 
        under paragraph (1), a written statement that--
                    ``(A) appears at the end of the communication in a 
                clearly readable manner with a reasonable degree of 
                color contrast between the background and the printed 
                statement, for a period of at least 4 seconds; and
                    ``(B) is accompanied by a clearly identifiable 
                photographic or similar image of the candidate.''.

                        TITLE IV--MISCELLANEOUS

SEC. 401. CODIFICATION OF BECK DECISION.

    Section 8 of the National Labor Relations Act (29 U.S.C. 158) is 
amended by adding at the end the following:
    ``(h) Nonunion Member Payments to Labor Organization.--
            ``(1) In general.--It shall be an unfair labor practice for 
        any labor organization which receives a payment from an 
        employee pursuant to an agreement that requires employees who 
        are not members of the organization to make payments to such 
        organization in lieu of organization dues or fees not to 
        establish and implement the objection procedure described in 
        paragraph (2).
            ``(2) Objection procedure.--The objection procedure 
        required under paragraph (1) shall meet the following 
        requirements:
                    ``(A) The labor organization shall annually provide 
                to employees who are covered by such agreement but are 
                not members of the organization--
                            ``(i) reasonable personal notice of the 
                        objection procedure, a list of the employees 
                        eligible to invoke the procedure, and the time, 
                        place, and manner for filing an objection; and
                            ``(ii) reasonable opportunity to file an 
                        objection to paying for organization 
                        expenditures supporting political activities 
                        unrelated to collective bargaining, including 
                        but not limited to the opportunity to file such 
                        objection by mail.
                    ``(B) If an employee who is not a member of the 
                labor organization files an objection under the 
                procedure in subparagraph (A), such organization 
                shall--
                            ``(i) reduce the payments in lieu of 
                        organization dues or fees by such employee by 
                        an amount which reasonably reflects the ratio 
                        that the organization's expenditures supporting 
                        political activities unrelated to collective 
                        bargaining bears to such organization's total 
                        expenditures; and
                            ``(ii) provide such employee with a 
                        reasonable explanation of the organization's 
                        calculation of such reduction, including 
                        calculating the amount of organization 
                        expenditures supporting political activities 
                        unrelated to collective bargaining.
            ``(3) Definition.--In this subsection, the term 
        `expenditures supporting political activities unrelated to 
        collective bargaining' means expenditures in connection with a 
        Federal, State, or local election or in connection with efforts 
        to influence legislation unrelated to collective bargaining.''.

SEC. 402. USE OF CONTRIBUTED AMOUNTS FOR CERTAIN PURPOSES.

    Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 
431 et seq.) is amended by striking section 313 and inserting the 
following:

``SEC. 313. USE OF CONTRIBUTED AMOUNTS FOR CERTAIN PURPOSES.

    ``(a) Permitted Uses.--A contribution accepted by a candidate, and 
any other amount received by an individual as support for activities of 
the individual as a holder of Federal office, may be used by the 
candidate or individual--
            ``(1) for expenditures in connection with the campaign for 
        Federal office of the candidate or individual;
            ``(2) for ordinary and necessary expenses incurred in 
        connection with duties of the individual as a holder of Federal 
        office;
            ``(3) for contributions to an organization described in 
        section 170(c) of the Internal Revenue Code of 1986; or
            ``(4) for transfers to a national, State, or local 
        committee of a political party.
    ``(b) Prohibited Use.--
            ``(1) In general.--A contribution or amount described in 
        subsection (a) shall not be converted by any person to personal 
        use.
            ``(2) Conversion.--For the purposes of paragraph (1), a 
        contribution or amount shall be considered to be converted to 
        personal use if the contribution or amount is used to fulfill 
        any commitment, obligation, or expense of a person that would 
        exist irrespective of the candidate's election campaign or 
        individual's duties as a holder of Federal officeholder, 
        including--
                    ``(A) a home mortgage, rent, or utility payment;
                    ``(B) a clothing purchase;
                    ``(C) a noncampaign-related automobile expense;
                    ``(D) a country club membership;
                    ``(E) a vacation or other noncampaign-related trip;
                    ``(F) a household food item;
                    ``(G) a tuition payment;
                    ``(H) admission to a sporting event, concert, 
                theater, or other form of entertainment not associated 
                with an election campaign; and
                    ``(I) dues, fees, and other payments to a health 
                club or recreational facility.''.

SEC. 403. LIMIT ON CONGRESSIONAL USE OF THE FRANKING PRIVILEGE.

    Section 3210(a)(6) of title 39, United States Code, is amended by 
striking subparagraph (A) and inserting the following:
                    ``(A) A Member of Congress shall not mail any mass 
                mailing as franked mail during the 180-day period which 
                ends on the date of the general election for the office 
                held by the Member or during the 90-day period which 
                ends on the date of any primary election for that 
                office, unless the Member has made a public 
                announcement that the Member will not be a candidate 
                for reelection during that year or for election to any 
                other Federal office.''.

SEC. 404. PROHIBITION OF FUNDRAISING ON FEDERAL PROPERTY.

    Section 607 of title 18, United States Code, is amended--
            (1) by striking subsection (a) and inserting the following:
    ``(a) Prohibition.--
            ``(1) In general.--It shall be unlawful for any person to 
        solicit or receive a donation of money or other thing of value 
        in connection with a Federal, State, or local election from a 
        person who is located in a room or building occupied in the 
        discharge of official duties by an officer or employee of the 
        United States. An individual who is an officer or employee of 
        the Federal Government, including the President, Vice 
        President, and Members of Congress, shall not solicit a 
        donation of money or other thing of value in connection with a 
        Federal, State, or local election while in any room or building 
        occupied in the discharge of official duties by an officer or 
        employee of the United States, from any person.
            ``(2) Penalty.--A person who violates this section shall be 
        fined not more than $5,000, imprisoned more than 3 years, or 
        both.''; and
            (2) in subsection (b), by inserting ``or Executive Office 
        of the President'' after ``Congress''.

SEC. 405. PENALTIES FOR VIOLATIONS.

    (a) Increased Penalties.--Section 309(a) of the Federal Election 
Campaign Act of 1971 (2 U.S.C. 437g(a)) is amended--
            (1) in paragraphs (5)(A), (6)(A), and (6)(B), by striking 
        ``$5,000'' and inserting ``$10,000''; and
            (2) in paragraphs (5)(B) and (6)(C), by striking ``$10,000 
        or an amount equal to 200 percent'' and inserting ``$20,000 or 
        an amount equal to 300 percent''.
    (b) Equitable Remedies.--Section 309(a)(5)(A) of the Federal 
Election Campaign Act of 1971 (2 U.S.C. 437g(a)(5)) is amended by 
striking the period at the end and inserting ``, and may include 
equitable remedies or penalties, including disgorgement of funds to the 
Treasury or community service requirements (including requirements to 
participate in public education programs).''.

SEC. 406. STRENGTHENING FOREIGN MONEY BAN.

    (a) In General.--Section 319 of the Federal Election Campaign Act 
of 1971 (2 U.S.C. 441e) is amended--
            (1) by striking the heading and inserting the following: 
        ``contributions and donations by foreign nationals''; and
            (2) by striking subsection (a) and inserting the following:
    ``(a) Prohibition.--It shall be unlawful for--
            ``(1) a foreign national, directly or indirectly, to make--
                    ``(A) a donation of money or other thing of value, 
                or to promise expressly or impliedly to make a 
                donation, in connection with a Federal, State, or local 
                election; or
                    ``(B) a contribution or donation to a committee of 
                a political party; or
            ``(2) a person to solicit, accept, or receive such a 
        contribution or donation from a foreign national.''.
    (b) Prohibiting Use of Willful Blindness as Defense Against Charge 
of Violating Foreign Contribution Ban.--
            (1) In general.--Section 319 of the Federal Election 
        Campaign Act of 1971 (2 U.S.C. 441e) is amended--
                    (A) by redesignating subsection (b) as subsection 
                (c); and
                    (B) by inserting after subsection (a) the following 
                new subsection:
    ``(b) Prohibiting Use of Willful Blindness Defense.--It shall not 
be a defense to a violation of subsection (a) that the defendant did 
not know that the contribution originated from a foreign national if 
the defendant should have known that the contribution originated from a 
foreign national, except that the trier of fact may not find that the 
defendant should have known that the contribution originated from a 
foreign national solely because of the name of the contributor.''.
            (2) Effective date.--The amendments made by this subsection 
        shall apply with respect to violations occurring on or after 
        the date of enactment of this Act.

SEC. 407. PROHIBITION OF CONTRIBUTIONS BY MINORS.

    Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 
431 et seq.), as amended by section 101, is amended by adding at the 
end the following:

``SEC. 324. PROHIBITION OF CONTRIBUTIONS BY MINORS.

    ``An individual who is 17 years old or younger shall not make a 
contribution to a candidate or a contribution or donation to a 
committee of a political party.''.

SEC. 408. EXPEDITED PROCEDURES.

    (a) In General.--Section 309(a) of the Federal Election Campaign 
Act of 1971 (2 U.S.C. 437g(a)) is amended by adding at the end the 
following:
    ``(13) Expedited procedure.--
            ``(A) In general.--If the complaint in a proceeding was 
        filed within 60 days preceding the date of a general election, 
        the Commission may take action described in this subparagraph.
            ``(B) Clear and convincing evidence exists.--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, the 
        Commission may 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.
            ``(C) Complaint without merit.--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.''.
    (b) Referral to Attorney General.--Section 309(a)(5) of the Federal 
Election Campaign Act of 1971 (2 U.S.C. 437g(a)(5)) is amended by 
striking subparagraph (C) and inserting the following:
    ``(C) Referral to attorney general.--The Commission may at any 
time, by an affirmative vote of at least 4 of its members, refer a 
possible violation of this Act or chapter 95 or 96 of the Internal 
Revenue Code of 1986, to the Attorney General of the United States, 
without regard to any limitation set forth in this section.''.

SEC. 409. INITIATION OF ENFORCEMENT PROCEEDING.

    Section 309(a)(2) of the Federal Election Campaign Act of 1971 (2 
U.S.C. 437g(a)(2)) is amended by striking ``reason to believe that'' 
and inserting ``reason to investigate whether''.

SEC. 410. PROTECTING EQUAL PARTICIPATION OF ELIGIBLE VOTERS IN 
              CAMPAIGNS AND ELECTIONS.

    Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 
431 et seq.), as amended by sections 101 and 407, is amended by adding 
at the end the following:

``SEC. 325. PROTECTING EQUAL PARTICIPATION OF ELIGIBLE VOTERS IN 
              CAMPAIGNS AND ELECTIONS.

    ``(a) In General.--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) No Effect on Geographic Restrictions on Contributions.--
Subsection (a) may not be construed to affect any restriction under 
this title regarding the portion of contributions accepted by a 
candidate from persons residing in a particular geographic area.''.

SEC. 411. PENALTY FOR VIOLATION OF PROHIBITION AGAINST FOREIGN 
              CONTRIBUTIONS.

    (a) In General.--Section 319 of the Federal Election Campaign Act 
of 1971 (2 U.S.C. 441e), as amended by section 406(b), is amended--
            (1) by redesignating subsection (c) as subsection (d); and
            (2) by inserting after subsection (b) the following:
    ``(c) Penalty.--
            ``(1) In general.--Except as provided in paragraph (2), 
        notwithstanding any other provision of this title, any person 
        who violates subsection (a) shall be sentenced to a term of 
        imprisonment which may not be more than 10 years, fined in an 
        amount not to exceed $1,000,000, or both.
            ``(2) Exception.--Paragraph (1) shall not apply with 
        respect to any violation of subsection (a) arising from a 
        contribution or donation made by an individual who is lawfully 
        admitted for permanent residence (as defined in section 
        101(a)(22) of the Immigration and Nationality Act).''.
    (b) Effective Date.--The amendments made by this section shall 
apply with respect to violations occurring on or after the date of 
enactment of this Act.

SEC. 412. EXPEDITED COURT REVIEW OF CERTAIN ALLEGED VIOLATIONS OF 
              FEDERAL ELECTION CAMPAIGN ACT OF 1971.

    (a) In General.--Section 309 of the Federal Election Campaign Act 
of 1971 (2 U.S.C. 437g) is amended--
            (1) by redesignating subsection (d) as subsection (e); and
            (2) by inserting after subsection (c) the following new 
        subsection:
    ``(d) Private Action.--
            ``(1) In general.--Notwithstanding any other provision of 
        this section, if a candidate (or the candidate's authorized 
        committee) believes that a violation described in paragraph (2) 
        has been committed with respect to an election during the 90-
        day period preceding the date of the election, the candidate or 
        committee may institute a civil action on behalf of the 
        Commission for relief (including injunctive relief) against the 
        alleged violator in the same manner and under the same terms 
        and conditions as an action instituted by the Commission under 
        subsection (a)(6), except that the court involved shall issue a 
        decision regarding the action as soon as practicable after the 
        action is instituted and to the greatest extent possible issue 
        the decision prior to the date of the election involved.
            ``(2) Violations.--A violation described in this paragraph 
        is a violation of this Act or of chapter 95 or chapter 96 of 
        the Internal Revenue Code of 1986 relating to--
                    ``(A) whether a contribution is in excess of an 
                applicable limit or is otherwise prohibited under this 
                Act; or
                    ``(B) whether an expenditure is an independent 
                expenditure under section 301(17).''.
    (b) Effective Date.--The amendments made by this section shall 
apply with respect to elections occurring after the date of enactment 
of this Act.

SEC. 413. CONSPIRACY TO VIOLATE PRESIDENTIAL CAMPAIGN SPENDING LIMITS.

    (a) In General.--Section 9003 of the Internal Revenue Code of 1986 
(relating to condition for eligibility for payments) is amended by 
adding at the end the following:
    ``(f) Prohibiting Conspiracy To Violate Limits.--
            ``(1) Violation of limits described.--If a candidate for 
        election to the office of President or Vice President who 
        receives amounts from the Presidential Election Campaign Fund 
        under chapter 95 or 96 of the Internal Revenue Code of 1986, or 
        the agent of such a candidate, seeks to avoid the spending 
        limits applicable to the candidate under such chapter or under 
        the Federal Election Campaign Act of 1971 by soliciting, 
        receiving, transferring, or directing funds from any source 
        other than such Fund for the direct or indirect benefit of such 
        candidate's campaign, such candidate or agent shall be fined 
        not more than $1,000,000, or imprisoned for a term of not more 
        than 3 years, or both.
            ``(2) Conspiracy to violate limits defined.--If two or more 
        persons conspire to commit a violation described in paragraph 
        (1), and one or more of such persons do any act to effect the 
        object of the conspiracy, each shall be fined not more than 
        $1,000,000, or imprisoned for a term of not more than 3 years, 
        or both.''.
    (b) Effective Date.--The amendment made by this section shall apply 
with respect to elections occurring on or after the date of enactment 
of this Act.

SEC. 414. DEPOSIT OF CERTAIN CONTRIBUTIONS AND DONATIONS IN TREASURY 
              ACCOUNT.

    (a) In General.--Title III of the Federal Election Campaign Act of 
1971 (2 U.S.C. 431 et seq.), as amended by sections 101, 407, and 410, 
is amended by adding at the end the following:

``SEC. 326. TREATMENT OF CERTAIN CONTRIBUTIONS AND DONATIONS RETURNED 
              TO DONORS.

    ``(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 60 days of 
                receipt by the committee); or
                    ``(B) the contribution or donation was made in 
                violation of section 315, 316, 317, 319, 320, or 325 
                (other than a contribution or donation returned within 
                30 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) 
                that the Commission has reason to investigate whether 
                that the making of 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) of the Federal Election Campaign Act of 1971 (2 U.S.C. 
437g(a)) is amended by inserting after paragraph (9) the following:
    ``(10) Amount of donation.--For purposes of determining the amount 
of a civil penalty imposed under this subsection for violations of 
section 326, the amount of the donation involved shall be treated as 
the amount of the contribution involved.''.
    (c) Disgorgement Authority.--Section 309 of the Federal Election 
Campaign Act of 1971 (2 U.S.C. 437g), as amended by section 412(a), is 
amended by adding at the end the following:
    ``(f) Deposit in Escrow.--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 
326.''.
    (d) Effective Date.--The amendments made by subsections (a) and (b) 
shall apply to contributions or donations refunded on or after the date 
of enactment of this Act, without regard to whether the Federal 
Election Commission or Attorney General has issued regulations to carry 
out section 326 of the Federal Election Campaign Act of 1971 (as added 
by subsection (a)) by such date.

SEC. 415. ESTABLISHMENT OF A CLEARINGHOUSE OF INFORMATION ON POLITICAL 
              ACTIVITIES WITHIN THE FEDERAL ELECTION COMMISSION.

    (a) Establishment.--There shall be established within the Federal 
Election Commission a clearinghouse of public information regarding the 
political activities of foreign principals and agents of foreign 
principals. The information comprising this clearinghouse shall include 
only the following:
            (1) All registrations and reports filed pursuant to the 
        Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et seq.) during 
        the preceding 5-year period.
            (2) All registrations and reports filed pursuant to the 
        Foreign Agents Registration Act (22 U.S.C. 611 et seq.) during 
        the preceding 5-year period.
            (3) The listings of public hearings, hearing witnesses, and 
        witness affiliations printed in the Congressional Record during 
        the preceding 5-year period.
            (4) Public information disclosed pursuant to the rules of 
        the Senate or the House of Representatives regarding honoraria, 
        the receipt of gifts, travel, and earned and unearned income.
            (5) All reports filed pursuant to title I of the Ethics in 
        Government Act of 1978 (5 U.S.C. App.) during the preceding 5-
        year period.
            (6) All public information filed with the Federal Election 
        Commission pursuant to the Federal Election Campaign Act of 
        1971 (2 U.S.C. 431 et seq.) during the preceding 5-year period.
    (b) Disclosure of Other Information Prohibited.--The disclosure by 
the clearinghouse, or any officer or employee thereof, of any 
information other than that set forth in subsection (a) is prohibited, 
except as otherwise provided by law.
    (c) Director of Clearinghouse.--
            (1) Duties.--The clearinghouse shall have a Director, who 
        shall administer and manage the responsibilities and all 
        activities of the clearinghouse. In carrying out such duties, 
        the Director shall--
                    (A) develop a filing, coding, and cross-indexing 
                system to carry out the purposes of this section (which 
                shall include an index of all persons identified in the 
                reports, registrations, and other information 
                comprising the clearinghouse);
                    (B) notwithstanding any other provision of law, 
                make copies of registrations, reports, and other 
                information comprising the clearinghouse available for 
                public inspection and copying, beginning not later than 
                30 days after the information is first available to the 
                public, and permit copying of any such registration, 
                report, or other information by hand or by copying 
                machine or, at the request of any person, furnish a 
                copy of any such registration, report, or other 
                information upon payment of the cost of making and 
                furnishing such copy, except that no information 
                contained in such registration or report and no such 
                other information shall be sold or used by any person 
                for the purpose of soliciting contributions or for any 
                profit-making purpose; and
                    (C) not later than 150 days after the date of 
                enactment of this Act and at any time thereafter, to 
                prescribe, in consultation with the Comptroller 
                General, such rules, regulations, and forms, in 
                conformity with the provisions of chapter 5 of title 5, 
                United States Code, as are necessary to carry out the 
                provisions of this section in the most effective and 
                efficient manner.
            (2) Appointment.--The Director shall be appointed by the 
        Federal Election Commission.
            (3) Term of service.--The Director shall serve a single 
        term of a period of time determined by the Commission, but not 
        to exceed 5 years.
    (d) Penalties for Disclosure of Information.--Any person who 
discloses information in violation of subsection (b), and any person 
who sells or uses information for the purpose of soliciting 
contributions or for any profit-making purpose in violation of 
subsection (c)(1)(B), shall be imprisoned for a period of not more than 
1 year, or fined in the amount provided in title 18, United States 
Code, or both.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to conduct the activities of 
the clearinghouse.
    (f) Foreign Principal.--In this section, the term ``foreign 
principal'' shall have the same meaning given the term ``foreign 
national'' under section 319 of the Federal Election Campaign Act of 
1971 (2 U.S.C. 441e), as in effect as of the date of enactment of this 
Act.

SEC. 416. ENFORCEMENT OF SPENDING LIMIT ON PRESIDENTIAL AND VICE 
              PRESIDENTIAL CANDIDATES WHO RECEIVE PUBLIC FINANCING.

    (a) In General.--Section 9003 of the Internal Revenue Code of 1986, 
as amended by section 413, is amended by adding at the end the 
following:
    ``(g) Illegal Solicitation of Soft Money.--No candidate for 
election to the office of President or Vice President may receive 
amounts from the Presidential Election Campaign Fund under this chapter 
or chapter 96 unless the candidate certifies that the candidate shall 
not solicit any funds for the purposes of influencing such election, 
including any funds used for an independent expenditure under the 
Federal Election Campaign Act of 1971, unless the funds are subject to 
the limitations, prohibitions, and reporting requirements of the 
Federal Election Campaign Act of 1971.''.
    (b) Effective Date.--The amendment made by this section shall apply 
with respect to elections occurring on or after the date of the 
enactment of this Act.

SEC. 417. CLARIFICATION OF RIGHT OF NATIONALS OF THE UNITED STATES TO 
              MAKE POLITICAL CONTRIBUTIONS.

    Section 319(d)(2) of the Federal Election Campaign Act of 1971 (2 
U.S.C. 441e(d)(2)), as amended by sections 506(b) and 511(a), is 
further amended by inserting after ``United States'' the following: 
``or a national of the United States (as defined in section 101(a)(22) 
of the Immigration and Nationality Act)''.

SEC. 418. PROHIBITING USE OF WHITE HOUSE MEALS AND ACCOMMODATIONS FOR 
              POLITICAL FUNDRAISING.

    (a) In General.--Chapter 29 of title 18, United States Code, is 
amended by adding at the end the following new section:
``Sec. 612. Prohibiting use of meals and accommodations at White House 
              for political fundraising
    ``(a) It shall be unlawful for any person to provide or offer to 
provide any meals or accommodations at the White House in exchange for 
any money or other thing  of value, or as a reward for the provision of 
any money or other thing of value, in support of any political party or 
the campaign for electoral office of any candidate.
    ``(b) Any person who violates this section shall be fined under 
this title or imprisoned not more than 3 years, or both.
    ``(c) For purposes of this section, any official residence or 
retreat of the President (including private residential areas and the 
grounds of such a residence or retreat) shall be treated as part of the 
White House.''.
    (b) Clerical Amendment.--The table of sections for chapter 29 of 
title 18, United States Code, is amended by adding at the end the 
following new item:

``612. Prohibiting use of meals and accommodations at White House for 
                            political fundraising.''.

SEC. 419. PROHIBITION AGAINST ACCEPTANCE OR SOLICITATION TO OBTAIN 
              ACCESS TO CERTAIN FEDERAL GOVERNMENT PROPERTY.

    (a) In General.--Chapter 11 of title 18, United States Code, is 
amended by adding at the end the following new section:
``Sec. 226. Acceptance or solicitation to obtain access to certain 
              Federal Government property
    ``Whoever solicits or receives anything of value in consideration 
of providing a person with access to Air Force One, Marine One, Air 
Force Two, Marine Two, the White House, or the Vice President's 
residence, shall be fined under this title, or imprisoned not more than 
one year, or both.''.
    (b) Clerical Amendment.--The table of sections for chapter 11 of 
title 18, United States Code, is amended by adding at the end the 
following new item:

``226. Acceptance or solicitation to obtain access to certain Federal 
                            Government property.''.

SEC. 420. REQUIRING NATIONAL PARTIES TO REIMBURSE AT COST FOR USE OF 
              AIR FORCE ONE FOR POLITICAL FUNDRAISING.

    Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 
431 et seq.), as amended by sections 101, 407, 410, and 415, is amended 
by adding at the end the following:

``SEC. 327. REIMBURSEMENT BY POLITICAL PARTIES FOR USE OF AIR FORCE ONE 
              FOR POLITICAL FUNDRAISING.

    ``(a) In General.--If the President, Vice President, or the head of 
any executive department (as defined in section 101 of title 5, United 
States Code) uses Air Force One for transportation for any travel which 
includes a fundraising event for the benefit of any political committee 
of a national political party, such political committee shall reimburse 
the Federal Government for the fair market value of the transportation 
of the individual involved, based on the cost of an equivalent 
commercial chartered flight.
    ``(b) Air Force One Defined.--In subsection (a), the term `Air 
Force One' means the airplane operated by the Air Force which has been 
specially configured to carry out the mission of transporting the 
President.''.

SEC. 421. ENHANCING ENFORCEMENT OF CAMPAIGN FINANCE LAW.

    (a) Mandatory Imprisonment for Criminal Conduct.--Section 
309(e)(1)(A) of the Federal Election Campaign Act of 1971 (2 U.S.C. 
437g(e)(1)(A)), as redesignated by section 412, is amended--
            (1) in the first sentence, by striking ``shall be fined, or 
        imprisoned for not more than one year, or both'' and inserting 
        ``shall be imprisoned for not fewer than 1 year and not more 
        than 10 years''; and
            (2) by striking the second sentence.
    (b) Concurrent Authority of Attorney General To Bring Criminal 
Actions.--Section 309(e) of the Federal Election Campaign Act of 1971 
(2 U.S.C. 437g(d)), as so redesignated, is amended by adding at the end 
the following:
    ``(4) Attorney general action.--In addition to the authority to 
bring cases referred pursuant to subsection (a)(5), the Attorney 
General may at any time bring a criminal action for a violation of this 
Act or of chapter 95 or chapter 96 of the Internal Revenue Code of 
1986.''.
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to actions brought with respect to elections 
occurring after January 2001.

SEC. 422. BAN ON COORDINATION OF SOFT MONEY FOR ISSUE ADVOCACY BY 
              PRESIDENTIAL CANDIDATES RECEIVING PUBLIC FINANCING.

    (a) In General.--Section 9003 of the Internal Revenue Code of 1986, 
as amended by section 416, is amended by adding at the end the 
following:
    ``(h) Ban on Coordination of Soft Money for Issue Advocacy.--
            ``(1) In general.--No candidate for election to the office 
        of President or Vice President who is certified to receive 
        amounts from the Presidential Election Campaign Fund under this 
        chapter or chapter 96 may coordinate the expenditure of any 
        funds for issue advocacy with any political party unless the 
        funds are subject to the limitations, prohibitions, and 
        reporting requirements of the Federal Election Campaign Act of 
        1971.
            ``(2) Issue advocacy defined.--In this section, the term 
        `issue advocacy' means any activity carried out for the purpose 
        of influencing the consideration or outcome of any Federal 
        legislation or the issuance or outcome of any Federal 
        regulations, or educating individuals about candidates for 
        election for Federal office or any Federal legislation, law, or 
        regulations (without regard to whether the activity is carried 
        out for the purpose of influencing any election for Federal 
        office).''.
    (b) Effective Date.--The amendment made by this section shall apply 
with respect to elections occurring on or after the date of the 
enactment of this Act.

SEC. 423. REQUIREMENT THAT NAMES OF PASSENGERS ON AIR FORCE ONE AND AIR 
              FORCE TWO BE MADE AVAILABLE THROUGH THE INTERNET.

    (a) In General.--The President shall make available through the 
Internet the name of any non-Government person who is a passenger on an 
aircraft designated as Air Force One or Air Force Two not later than 30 
days after the date that the person is a passenger on such aircraft.
    (b) Exception.--Subsection (a) shall not apply in a case in which 
the President determines that compliance with such subsection would be 
contrary to the national security interests of the United States. In 
any such case, not later than 30 days after the date that the person 
whose name will not be made available through the Internet was a 
passenger on the aircraft, the President shall submit to the chairman 
and ranking member of the Permanent Select Committee on Intelligence of 
the House of Representatives and of the Select Committee on 
Intelligence of the Senate--
            (1) the name of the person; and
            (2) the justification for not making such name available 
        through the Internet.
    (c) Definition of Person.--As used in this section, the term ``non-
Government person'' means a person who is not an officer or employee of 
the United States, a member of the Armed Forces, or a Member of 
Congress.

            TITLE V--ELECTION ADMINISTRATION AND TECHNOLOGY

SEC. 501. FINDINGS.

    Congress makes the following findings:
            (1) The right to vote is a fundamental and incontrovertible 
        right under the Constitution.
            (2) There is a need for Congress to encourage and enable 
        every eligible American to vote by reaffirming that the right 
        to vote is a fundamental right under the Constitution.
            (3) There is a need for Congress to encourage and enable 
        every eligible American to vote by reaffirming that the United 
        States is a democratic government ``of the people, by the 
people and for the people'' where every vote counts.
            (4) There is a need for Congress to encourage and enable 
        every eligible American to vote by eliminating procedural and 
        technological obstacles to voting.
            (5) State governments have already begun to examine ways to 
        improve the administration of elections and to modernize 
        mechanisms and machinery for voting.
            (6) Congress has authority under section 5 of the 
        Fourteenth Amendment to the Constitution of the United States 
        to enact legislation to address the equal protection violations 
        that may be caused by our current, outdated voting system.
            (7) Congress has an obligation to ensure that the necessary 
        resources are available to States and localities to improve 
        election technology and election administration and to ensure 
        the integrity of the democratic elections process.

Subtitle A--Establishment of Commission on Voting Rights and Procedures

SEC. 511. ESTABLISHMENT.

    There is established the Commission on Voting Rights and Procedures 
(in this subtitle referred to as the ``Commission'').

SEC. 512. MEMBERSHIP OF THE COMMISSION.

    (a) Number and Appointment.--The Commission shall be composed of 12 
members of whom--
            (1) 6 members shall be appointed by the President;
            (2) 3 members shall be appointed by the Minority Leader of 
        the Senate (or, if the Minority Leader is a member of the same 
        political party as the President, by the Majority Leader of the 
        Senate); and
            (3) 3 members shall be appointed by the Minority Leader of 
        the House of Representatives (or, if the Minority Leader is a 
        member of the same political party as the President, by the 
        Majority Leader of the House of Representatives).
    (b) Qualifications.--Each member appointed under subsection (a) 
shall be chosen on the basis of--
            (1) experience with, and knowledge of--
                    (A) election law;
                    (B) election technology;
                    (C) Federal, State, or local election 
                administration;
                    (D) the United States Constitution; or
                    (E) the history of the United States; and
            (2) integrity, impartiality, and good judgment.
    (c) Period of Appointment; Vacancies.--
            (1) Period of appointment.--Each member shall be appointed 
        for the life of the Commission.
            (2) Vacancies.--
                    (A) In general.--A vacancy in the Commission shall 
                not affect its powers.
                    (B) Manner of replacement.--A vacancy on the 
                Commission shall be filled in the same manner which the 
                original appointment was made and shall be subject to 
                any conditions which applied with respect to the 
                original appointment not later than 60 days after the 
                date of the vacancy.
    (d) Chairperson; Vice Chairperson.--
            (1) In general.--The Commission shall elect a chairperson 
        and vice chairperson from among its members.
            (2) Political affiliation.--The chairperson and vice 
        chairperson may not be affiliated with the same political 
        party.
    (e) Date of Appointment.--The appointments of the members of the 
Commission shall be made not later than 45 days after the date of 
enactment of this Act.
    (f) Meetings.--
            (1) In general.--The Commission shall meet at the call of 
        the chairperson.
            (2) Initial meeting.--Not later than 20 days after the date 
        on which all members of the Commission have been appointed, the 
        Commission shall hold its first meeting.
            (3) Quorum.--A majority of the members of the Commission 
        shall constitute a quorum, but a lesser number of members may 
        hold hearings.
    (g) Voting.--Each action of the Commission shall be approved by a 
majority vote of members. Each member shall have 1 vote.

SEC. 513. DUTIES OF THE COMMISSION.

    (a) Study.--
            (1) In general.--The Commission shall conduct a thorough 
        study of--
                    (A) election technology and systems;
                    (B) designs of ballots and the uniformity of 
                ballots;
                    (C) access to polling places, including matters 
                relating to access for individuals with disabilities 
                and other individuals with particular needs;
                    (D) voter registration and maintenance of voter 
                rolls, including the use of provisional voting and 
                standards for reenfranchisement of voters;
                    (E) alternative voting methods;
                    (F) accuracy of voting, election procedures, and 
                election technology;
                    (G) voter education;
                    (H) training election personnel and volunteers;
                    (I)(i) implementation of title I of the Uniformed 
                and Overseas Absentee Voting Act (42 U.S.C. 1973ff et 
                seq.), and the amendments made by title II of that Act, 
                by--
                            (I) the Secretary of Defense;
                            (II) each other Federal Government official 
                        having a responsibility under that Act; and
                            (III) each State; and
                    (ii) whether any legislative or administrative 
                action is necessary to provide a meaningful opportunity 
                to register to vote in, and vote in, elections for 
                Federal office (as defined in paragraph (3) of section 
                107 of that Act (42 U.S.C. 1973ff-6)) for--
                            (I) each absent uniformed services voter 
                        (as defined in paragraph (1) of such section); 
                        and
                            (II) each overseas voter (as defined in 
                        paragraph (5) of such section) to register to 
                        vote and vote in elections for Federal office);
                    (J) the feasibility and advisability of 
                establishing the date on which elections for Federal 
                office (as so defined) are held as a Federal or State 
                holiday; and
                    (K)(i) how the Federal Government can, on a 
                permanent basis, best provide ongoing assistance to 
                State and local authorities to improve the 
                administration of Federal elections; and
                    (ii) whether an existing or a new Federal agency 
                should provide such assistance.
            (2) Website.--For purposes of conducting the study under 
        this subsection, the Commission shall establish an Internet 
        website to facilitate public comment and participation.
    (b) Recommendations.--
            (1) Recommendations of best practices in voting and 
        election administration.--The Commission shall develop 
        recommendations with respect to the matters studied under 
        subsection (a) that identify those methods of voting and 
        administering elections studied by the Commission that would--
                    (A) be most convenient, accessible, and easy to use 
                for voters in Federal elections, including voters with 
                disabilities, absent uniformed services voters, 
                overseas voters, and other voters with special needs;
                    (B) yield the broadest participation and most 
                accurate results in Federal elections;
                    (C) be the most resource-efficient and cost-
                effective for use in Federal elections; and
                    (D) be the most effective means of ensuring 
                security in Federal elections.
            (2) Recommendations for providing assistance in federal 
        elections.--The Commission shall develop recommendations with 
        respect to the matters studied under subsection (a)(1)(K) on 
        how the Federal Government can, on a permanent basis, best 
        provide ongoing assistance to State and local authorities to 
        improve the administration of Federal elections, and identify 
        whether an existing or a new Federal agency should provide such 
        assistance.
            (3) Recommendations for voter participation in federal 
        elections.--The Commission shall develop recommendations with 
        respect to the matters studied under subsection (a) on 
        methods--
                    (A) to increase voter registration;
                    (B) to increase the accuracy of voter rolls;
                    (C) to improve voter education; and
                    (D) to improve the training of election personnel 
                and volunteers.
    (c) Reports.--
            (1) Interim reports.--Not later than the date on which the 
        Commission submits the final report under paragraph (2), the 
        Commission may submit to the President and Congress such 
        interim reports as a majority of the members of the Commission 
        determine appropriate.
            (2) Final report.--
                    (A) In general.--Not later than one year after the 
                date of enactment of this Act, the Commission shall 
                submit to the President and Congress a final report 
                that has received the approval of a majority of the 
                members of the Commission.
                    (B) Content.--The final report shall contain--
                            (i) a detailed statement of the findings 
                        and conclusions of the Commission on the 
                        matters studied under subsection (a);
                            (ii) a detailed statement of the 
                        recommendations developed under subsection (b); 
                        and
                            (iii) any dissenting or minority opinions 
                        of the members of the Commission.

SEC. 514. POWERS OF THE COMMISSION.

    (a) Hearings.--The Commission or, at its direction, any 
subcommittee or member of the Commission, may, for the purpose of 
carrying out this subtitle--
            (1) hold such hearings, sit and act at such times and 
        places, take such testimony, receive such evidence, administer 
        such oaths; and
            (2) require, by subpoena or otherwise, the attendance and 
        testimony of such witnesses and the  production of such books, 
records, correspondence, memoranda, papers, documents, tapes, and 
materials as the Commission or such subcommittee or member considers 
advisable.
    (b) Issuance and Enforcement of Subpoenas.--
            (1) Issuance.--Any subpoena issued under subsection (a) 
        shall be issued by the chairperson and vice chairperson of the 
        Commission acting jointly. Each subpoena shall bear the 
        signature of the chairperson of the Commission and shall be 
        served by any person or class of persons designated by the 
        chairperson for that purpose.
            (2) Enforcement.--In the case of contumacy or failure to 
        obey a subpoena issued under subsection (a), the United States 
        district court for the judicial district in which the 
        subpoenaed person resides, is served, or may be found may issue 
        an order requiring such person to appear at any designated 
        place to testify or to produce documentary or other evidence. 
        Any failure to obey the order of the court may be punished by 
        the court as a contempt of that court.
    (c) Witness Allowances and Fees.--Section 1821 of title 28, United 
States Code, shall apply to witnesses requested or subpoenaed to appear 
at any hearing of the Commission. The per diem and mileage allowances 
for witnesses shall be paid from funds available to pay the expenses of 
the Commission.
    (d) Information From Federal Agencies.--The Commission may secure 
directly from any Federal department or agency such information as the 
Commission considers necessary to carry out this subtitle. Upon request 
of the chairperson and vice chairperson of the Commission acting 
jointly, the head of such department or agency shall furnish such 
information to the Commission.
    (e) Postal Services.--The Commission may use the United States 
mails in the same manner and under the same conditions as other 
departments and agencies of the Federal Government.
    (f) Administrative Support Services.--Upon the request of the 
chairperson and vice chairperson of the Commission acting jointly, the 
Administrator of the General Services Administration shall provide to 
the Commission, on a reimbursable basis, the administrative support 
services that are necessary to enable the Commission to carry out its 
duties under this subtitle.
    (g) Gifts and Donations.--The Commission may accept, use, and 
dispose of gifts or donations of services or property to carry out this 
subtitle.

SEC. 515. PERSONNEL MATTERS.

    (a) Compensation of Members.--Each member of the Commission who is 
not an officer or employee of the Federal Government shall be 
compensated at a rate equal to the daily equivalent of the annual rate 
of basic pay prescribed for level IV of the Executive Schedule under 
section 5315 of title 5, United States Code, for each day (including 
travel time) during which such member is engaged in the performance of 
the duties of the Commission. All members of the Commission who are 
officers or employees of the United States shall serve without 
compensation in addition to that received for their services as 
officers or employees of the United States.
    (b) Travel Expenses.--The members of the Commission shall be 
allowed travel expenses, including per diem in lieu of subsistence, at 
rates authorized for employees of agencies under subchapter I of 
chapter 57 of title 5, United States Code, while away from their homes 
or regular places of business in the performance of services for the 
Commission.
    (c) Staff.--
            (1) In general.--The chairperson and vice chairperson of 
        the Commission, acting jointly, may, without regard to the 
        civil service laws and regulations, appoint and terminate an 
        executive director and such other additional personnel as may 
        be necessary to enable the Commission to perform its duties. 
        The employment of an executive director shall be subject to 
        confirmation by the Commission.
            (2) Compensation.--The chairperson and vice chairperson of 
        the Commission, acting jointly, may fix the compensation of the 
        executive director and other personnel without regard to 
        chapter 51 and subchapter III of chapter 53 of title 5, United 
        States Code, relating to classification of positions and 
        General Schedule pay rates, except that the rate of pay for the 
        executive director and other personnel may not exceed the rate 
        payable for level V of the Executive Schedule under section 
        5316 of such title.
    (d) Detail of Government Employees.--Any Federal Government 
employee may be detailed to the Commission without reimbursement, and 
such detail shall be without interruption or loss of civil service 
status or privilege.
    (e) Procurement of Temporary and Intermittent Services.--The 
chairperson and vice chairperson of the Commission, acting jointly, may 
procure temporary and intermittent services under section 3109(b) of 
title 5, United States Code, at rates for individuals which do not 
exceed the daily equivalent of the annual rate of basic pay prescribed 
for level V of the Executive Schedule under section 5316 of such title.

SEC. 516. TERMINATION OF THE COMMISSION.

    The Commission shall terminate 45 days after the date on which the 
Commission submits its final report under section 513(c)(2).

SEC. 517. AUTHORIZATION OF APPROPRIATIONS FOR THE COMMISSION.

    (a) In General.--There are authorized to be appropriated such sums 
as may be necessary to carry out the purposes of this subtitle.
    (b) Availability.--Any sums appropriated under the authorization 
contained in this section shall remain available, without fiscal year 
limitation, until expended.

                       Subtitle B--Grant Program

SEC. 521. ESTABLISHMENT OF GRANT PROGRAM.

    The Attorney General, subject to the general policies and criteria 
established under section 523, in consultation with the Federal 
Election Commission, is authorized to make grants to States to pay the 
Federal share of the costs of the activities described in section 522.

SEC. 522. AUTHORIZED ACTIVITIES.

    A State may use payments received under this subtitle to--
            (1) improve or replace voting equipment or technology;
            (2) implement new election administration procedures, such 
        as ``same-day'' voter registration procedures;
            (3) educate voters concerning voting procedures, voting 
        rights, or voting technology and train election personnel; and
            (4) upon completion of the final report under section 
        513(c), implement recommendations contained in such report.

SEC. 523. GENERAL POLICIES AND CRITERIA.

    (a) General Policies.--The Attorney General shall establish general 
policies with respect to the approval of State plans, awarding of 
grants, and the use of assistance made available under this subtitle.
    (b) Criteria.--
            (1) In general.--The Attorney General shall establish 
        criteria with respect to the approval of State plans submitted 
        under section 524, including the requirements under paragraph 
        (2).
            (2) Requirements for approval.--The Attorney General shall 
        not approve a State plan unless the plan provides for each of 
        the following:
                    (A) Uniform standards within the State for election 
                administration and technology.
                    (B) Accuracy of the records of eligible voters in 
                the State to ensure that legally registered voters 
                appear in such records and prevent any purging of such 
                records to remove illegal voters that results in the 
                elimination of legal voters as well.
                    (C) Voting accessibility standards that ensure--
                            (i) compliance with the Voting 
                        Accessibility for the Elderly and Handicapped 
                        Act (42 U.S.C. 1973ee et seq.);
                            (ii) compliance with the Voting Rights Act 
                        of 1965 (42 U.S.C. 1971 et seq.); and
                            (iii) that absent uniformed service voters 
                        and their dependents have a meaningful 
                        opportunity to exercise their voting rights as 
                        citizens of the United States.
                    (D) Voter education programs regarding methodology 
                and procedures for participating in elections and 
                training programs for election personnel and 
                volunteers.
    (c) Consultation.--In establishing the general policies and 
criteria under this section, the Attorney General shall consult with 
the Federal Election Commission.

SEC. 524. SUBMISSION OF STATE PLANS.

    (a) In General.--Subject to subsection (c), the chief executive 
officer of each State that desires to receive a grant under this 
subtitle shall submit a State plan to the Attorney General at such 
time, in such manner, and accompanied by such additional information as 
the Attorney General, in consultation with the Federal Election 
Commission, may reasonably require.
    (b) Contents.--Each State plan submitted under subsection (a) 
shall--
            (1) describe the activities for which assistance under this 
        subtitle is sought;
            (2) provide evidence that the State meets the general 
        policies and criteria established by the Attorney General under 
        section 523;
            (3) provide assurances that the State will pay the non-
        Federal share of the activities for which assistance is sought 
        from non-Federal sources; and
            (4) provide such additional assurances as the Attorney 
        General, in consultation with the Federal Election Commission, 
        determines to be essential to ensure compliance with the 
        requirements of this subtitle.
    (c) Available for Review and Comment.--A State submitting a State 
plan under this section shall make such State plan publicly available 
for review and comment prior to submission.

SEC. 525. APPROVAL OF STATE PLANS.

    The Attorney General, in consultation with the Federal Election 
Commission, shall approve State plans in accordance with the general 
policies and criteria established under section 523.

SEC. 526. FEDERAL MATCHING FUNDS.

    (a) Payments.--The Attorney General shall pay to each State having 
a State plan approved under section 525 the Federal share of the cost 
of the activities described in the State plan.
    (b) Federal Share.--
            (1) In general.--Subject to paragraph (2), for purposes of 
        subsection (a), the Federal share shall be 80 percent.
            (2) Waiver.--The Attorney General may specify a Federal 
        share greater than 80 percent if the State agrees to comply 
        with such terms and conditions as the Attorney General may 
        prescribe.
    (c) Non-Federal Share.--The non-Federal share of payments under 
this subtitle may be in cash or in kind fairly evaluated, including 
planned equipment or services.

SEC. 527. AUDITS AND EXAMINATIONS.

    (a) Recordkeeping Requirement.--Each recipient of a grant under 
this subtitle shall keep such records as the Attorney General, in 
consultation with the Federal Election Commission, shall prescribe.
    (b) Audit and Examination.--
            (1) Authority.--Subject to paragraph (2), the Attorney 
        General and the Comptroller General of the United States, or 
        any authorized representative of the Attorney General or the 
        Comptroller General, shall have access to any record of a 
        recipient of a grant under this subtitle that the Attorney 
        General or the Comptroller General determines may be related to 
        a grant received under this subtitle for the purpose of 
        conducting an audit or examination.
            (2) Expiration of authority.--The authority of the Attorney 
        General and the Comptroller General conduct an audit or 
        examination under this subsection with respect to the recipient 
        of a grant under this subtitle shall expire on the date that is 
        3 years after the date on which the activity for which an State 
plan is approved under section 524 concludes.

SEC. 528. REPORTS.

    (a) Reports to Congress.--Not later than January 31, 2003, and each 
year thereafter, the Attorney General shall submit to the President and 
Congress a report on the program under this subtitle for the preceding 
year. Each report shall set forth the following:
            (1) A description and analysis of any activities funded by 
        a grant awarded under this subtitle.
            (2) Any recommendation for legislative or administrative 
        action that the Attorney General considers appropriate.
    (b) Reports to the Attorney General.--The Attorney General shall 
require in each grant awarded under this subtitle that the recipient of 
such grant submit to the Attorney General, under a schedule established 
by the Attorney General, such information as the Attorney General 
considers appropriate to submit reports under subsection (a).

SEC. 529. STATE DEFINED.

    In this subtitle, the term ``State'' means each of the several 
States, the District of Columbia, the Commonwealth of Puerto Rico, 
American Samoa, Guam, and the United States Virgin Islands.

SEC. 530. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization.--
            (1) In general.--There are authorized to be appropriated to 
        the Department of Justice--
                    (A) $500,000,000 for fiscal year 2002;
                    (B) such amounts as necessary for each of fiscal 
                years 2003, 2004, 2005, and 2006.
            (2) Use of amounts.--Amounts appropriated under paragraph 
        (1) shall be for the purpose of--
                    (A) awarding grants under this subtitle; and
                    (B) paying for the costs of administering the 
                program to award such grants.
            (3) Federal election commission.--There are authorized to 
        be appropriated for each of fiscal years 2002, 2003, 2004, 
        2005, and 2006 such amounts as necessary to the Federal 
        Election Commission for the purpose of consultation with the 
        Attorney General under this subtitle.
    (b) Limitation.--Not more than 1 percent of any sums appropriated 
under paragraph (1) of subsection (a) may be used to pay for the 
administrative costs described in paragraph (2)(B) of such subsection.
    (c) Supplemental Appropriations.--There are authorized to be 
appropriated as supplemental appropriations for fiscal year 2001 such 
sums as the Department of Justice and the Federal Election Commission 
consider necessary to carry out the provisions of this subtitle.

                       Subtitle C--Miscellaneous

SEC. 541. RELATIONSHIP TO OTHER LAWS.

    Nothing in this title may be construed to authorize, require, or 
supersede conduct prohibited under the following laws, or otherwise 
affect such laws:
            (1) The National Voter Registration Act of 1993 (42 U.S.C. 
        1973gg et seq.).
            (2) The Voting Rights Act of 1965 (42 U.S.C. 1971 et seq.).
            (3) The Voting Accessibility for the Elderly and 
        Handicapped Act (42 U.S.C. 1973ee et seq.).
            (4) The Uniformed and Overseas Citizens Absentee Voting Act 
        (42 U.S.C. 1973ff et seq.).
            (5) The Federal Election Campaign Act of 1971 (2 U.S.C. 431 
        et seq.).

                       TITLE VI--MILITARY VOTING

SEC. 601. SHORT TITLE.

    This title may be cited as the ``Military Voting Rights Act of 
2001''.

SEC. 602. GUARANTEE OF RESIDENCY.

    Article VII of the Soldiers' and Sailors' Civil Relief Act of 1940 
(50 U.S.C. 590 et seq.) is amended by adding at the end the following:
    ``Sec. 704. (a) For purposes of voting for an office of the United 
States or of a State, a person who is absent from a State in compliance 
with military or naval orders shall not, solely by reason of that 
absence--
            ``(1) be deemed to have lost a residence or domicile in 
        that State;
            ``(2) be deemed to have acquired a residence or domicile in 
        any other State; or
            ``(3) be deemed to have become resident in or a resident of 
        any other State.
    ``(b) In this section, the term `State' includes a territory or 
possession of the United States, a political subdivision of a State, 
territory, or possession, and the District of Columbia.''.

SEC. 603. STATE RESPONSIBILITY TO GUARANTEE MILITARY VOTING RIGHTS.

    (a) Registration and Balloting.--Section 102 of the Uniformed and 
Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-1) is amended--
            (1) by inserting ``(a) Elections for Federal Offices.--'' 
        before ``Each State shall--''; and
            (2) by adding at the end the following:
    ``(b) Elections for State and Local Offices.--Each State shall--
            ``(1) permit absent uniformed services voters to use 
        absentee registration procedures and to vote by absentee ballot 
        in general, special, primary, and run-off elections for State 
        and local offices; and
            ``(2) accept and process, with respect to any election 
        described in paragraph (1), any otherwise valid voter 
        registration application from an absent uniformed services 
        voter if the application is received by the appropriate State 
        election official not less than 30 days before the election.''.
    (b) Conforming Amendment.--The heading for title I of such Act is 
amended by striking out ``FOR FEDERAL OFFICE''.

TITLE VII--SEVERABILITY; CONSTITUTIONALITY; EFFECTIVE DATE; REGULATIONS

SEC. 701. SEVERABILITY.

    If any provision of this Act or amendment made by this Act, or the 
application of a provision or amendment to any person or circumstance, 
is held to be unconstitutional, the remainder of this Act and 
amendments made by this Act, and the application of the provisions and 
amendment to any person or circumstance, shall not be affected by the 
holding.

SEC. 702. REVIEW OF CONSTITUTIONAL ISSUES.

    An appeal may be taken directly to the Supreme Court of the United 
States from any final judgment, decree, or order issued by any court 
ruling on the constitutionality of any provision of this Act or 
amendment made by this Act.

SEC. 703. EFFECTIVE DATE.

    Except as otherwise provided in this Act, this Act and the 
amendments made by this Act shall take effect upon the expiration of 
the 90-day period which begins on the date of the enactment of this 
Act.

SEC. 704. REGULATIONS.

    The Federal Election Commission shall prescribe any regulations 
required to carry out this Act and the amendments made by this Act not 
later than 45 days after the date of the enactment of this Act.
                                 <all>