[Congressional Record Volume 143, Number 125 (Thursday, September 18, 1997)]
[Senate]
[Pages S9637-S9659]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. SPECTER:
S. 1191. A bill to reform the financing of Federal elections, and for
other purposes; to the Committee on Rules and Administration.
THE SENATE CAMPAIGN FINANCE REFORM ACT OF 1997
Mr. SPECTER. Mr. President, in seeking recognition, I am putting
forward legislation on campaign finance reform which builds upon the
experience of the Governmental Affairs Committee hearings, which are
now in progress, on illegalities and improprieties of campaign finance
reform. I have served on that committee for the past 8 months while we
have conducted the investigation and the 6 weeks of hearings which we
have had. The legislation which I am about to introduce builds on those
hearings.
At the outset, I compliment my colleagues, Senator John McCain and
Senator Russ Feingold, for the work which they have done with the
leadership. I have stated publicly that I applaud their efforts, but I
disagree with a key provision of their bill, S. 25, which would give
candidates free television advertising time. I have been advised that
the McCain-Feingold bill may be modified as to that aspect.
I have talked to my colleague, Senator McCain, today and had
previously circulated my bill. Senator McCain advises he is interested
in bringing the matter to the floor next week. We discussed the
possibility of integrating the legislation or my adding amendments to
his proposed bill.
I have circulated this proposed legislation among a number of my
colleagues on both sides of the aisle. I think there is an excellent
chance we will have a number of cosponsors to this legislation. But I
want to proceed now to make this brief statement on the substance of my
legislation and to put the bill in so that our colleagues could
consider this bill during the course of the next week before the matter
comes to the Senate floor.
My bill does six things.
First, it eliminates ``soft money.'' We have seen an avalanche of
soft money, into the hundreds of millions of dollars, influencing the
1996 election.
My bill, second, defines ``express advocacy'' to enforce the intent
of the Federal election laws to prevent coordinated campaigns.
What we have seen on both sides of the aisle from both Democrats and
Republicans are advertisements in the 1996 election, by the Republicans
extolling the virtues of Senator Dole and criticizing President
Clinton, and vice versa for the Democrats, praising President Clinton
and criticizing Senator Dole. But for some reason those advertisements
have not been defined to be ``express advocacy.''
The third provision of my bill would make ``independent
expenditures'' truly independent by requiring affidavits from those who
are involved in the process.
My proposal would say that if someone is to make an independent
expenditure, that person will have to file with the Federal Election
Commission, swearing under oath under the penalties of perjury that the
expenditure is truly independent.
Then after that affidavit is filed with the FEC, the FEC will notify
the candidate and the committee on behalf of whom the independent
expenditure was made and require from that candidate and that committee
an affidavit subject to the penalties of perjury that there is no
coordination. My experience as prosecuting attorney has been that when
people are compelled to take affidavits, they pay a lot more attention
to what they are doing than some provision of the law which they might
not know about, might not understand, or think has been disregarded. My
sense is that as a general matter, not in all cases, but in many cases,
these so-called independent expenditures are not independent at all.
The fourth provision that I am proposing would be to try to deal with
the Buckley versus Valeo decision that anyone may spend as much of his
or her own money that he or she chooses.
My bill incorporates the so-called Maine Standby Public Financing
provision where, illustratively, if candidate A spends $10 million of
his/her own money, then there would be public financing for the amount
by which such expenditure exceeds the relevant spending cap.
I am opposed to public financing generally, and opposed S. 2 which
was introduced in this body years ago on that subject, because I think
there ought not be public financing. But this ``standby'' provision I
think would act principally to deter somebody from spending $10 million
of their own money. The Government would put up money equal to the
amount of the excess. I think that would deter somebody from spending
the money knowing that their financial advantage would be matched. And
to the extent that the expenditures would have to be made, I think that
is worthwhile. It would stop people from buying seats in the U.S.
Congress.
The fifth provision would eliminate foreign transactions which funnel
money into U.S. campaigns.
Our Governmental Affairs investigation has shown what happened in the
so-called Young brothers' transaction which went through the Republican
National Committee and ended up placing foreign money in a political
committee. This legislation would preclude that from happening again.
The sixth and final provision would impose limitations and require
reporting of contributions to the legal defense funds for Federal
officeholders and candidates.
The Governmental Affairs hearings have again shown, with the actions
of Mr. Charlie Trie, hundreds of thousands of dollars came into the
Clinton campaign for the legal defense fund. They were not reported.
They were not identified. They were kept secret until after the
election had occurred. And they are first cousins to campaign
contributions. And this legislation would impose limitations and
required reporting.
Mr. President, this legislation is being introduced a little earlier
than I had intended because I believe that we will have a number of
cosponsors, Senators who are now considering the bill. But I thought it
important to make this brief statement and to put the provisions of the
bill into the Congressional Record so that Senators may have an
opportunity to consider this proposal between now and next week when
there may be an opportunity in one form or another to discuss campaign
finance reform.
As I say, with the modification that Senator McCain has apparently
made taking out the provision requiring free television time, it may be
possible to integrate these two bills or piecemeal amendments from my
legislation into the McCain-Feingold bill. I had been unwilling to
cosponsor that legislation because I think that constitutes a taking in
violation of the provision against due process against taking without
compensation.
Six months of investigation and 5 weeks of hearings by the Senate
Governmental Affairs Committee have confirmed my conclusion and the
view of most Americans that campaign finance reform is necessary.
Politics is awash in money--corrupting some, appearing to corrupt
others, and making almost everyone in or out of the system uneasy about
the way political campaigns are financed.
I believe my colleagues Senator John McCain and Senator Russ Feingold
have done an excellent job in providing leadership for campaign finance
reform even though I disagree with the key provisions of their bill (S.
25) which would give candidates free television advertising time. In my
judgment, taking such property without compensation is confiscatory and
unconstitutional.
Our Government Affairs hearings have highlighted issues not covered
by
[[Page S9638]]
the McCain-Feingold legislation and those hearings have suggested the
need for other legislative reforms.
My proposed legislation would: First, end ``soft money''; second,
define ``express advocacy'' to enforce the intent of the Federal
election laws to prevent coordinated campaigns; third, require
affidavits to make ``independent expenditures'' truly independent;
fourth, eliminate foreign transactions which funnel money into U.S.
campaigns; fifth, deter massive spending of personal wealth by adapting
a new ``standby public financing'' framework similar to one recently
enacted by Maine; and sixth, impose limitations and require reporting
of contributions to legal defense funds for federal office- holders and
candidates.
soft money
The factual need for reform of the soft-money rules has been well
documented. Public funding of Presidential campaigns was intended to
eliminate collateral contributions. But soft money for so-called issue
advocacy has created a gaping loophole that permits spending without
limit. An estimated $223 million of soft money was raised by both
parties in 1996. According to Congressional Quarterly, that figure
represents almost 3 times what was raised as soft money in 1992 and
more than 11 times that raised in 1980.
While many have focused on the allegedly corrupting influence of
political action committees, PAC's pale in comparison to soft money.
For example, Congressional Quarterly has also reported that Enron Corp.
gave $44,000 less through its political action committee in 1996 than
it did in 1994, but the firm quintupled its soft money contributions to
$627,400.
Soft money flows not only from individuals, but also from
corporations and labor unions, which are expressly prohibited from
giving directly to candidates. Archer Daniels Midland donated a total
of $380,000 to the Democratic and Republican National Committees during
the recent election cycle. Phillip Morris, the Nation's leading tobacco
company, donated a total of more than $2.7 million to the two parties
in 1995 and 1996, with $2.1 million going to the Republican Party.
In the first half of 1997, Common Cause reports that the tobacco
companies gave $1.9 million to Republican and Democratic committees, at
a time when Congress and the President have begun consideration of the
tobacco litigation settlement. In 1996, telecommunications companies
reportedly donated $14.5 million in soft money; twice as much as they
did in 1992. In short, both parties have emerged as the vehicles for
evading post-Watergate contribution limits, and neither will disarm
unilaterally.
Currently, there is a $20,000 cap on the amount that any individual
can give to the national committee of a political party in any 1 year.
In order to circumvent this limit, some individuals contribute to the
non-Federal accounts of political parties which are not subject to any
caps. These funds are then often spent on behalf of the party's
candidate in a Federal election.
To close this loophole the bill:
Maintains the $20,000 a year cap which would apply to the total
amount individuals can contribute to political parties, whether at the
national, State or local level, for use in Federal elections.
Prohibits the national committees of political parties from
soliciting or receiving any contributions not subject to the provisions
and caps of the Federal Election Campaign Act.
Provides that State party committee expenditures that may influence
the outcome of a Federal election may be made only from funds subject
to the limitations and prohibitions imposed by Federal law.
Expands the reporting requirements so that all national committees,
including all congressional and Senate campaign committees, must report
all receipts and disbursements, whether or not in connection with a
Federal election.
These restrictions on soft money contributions to parties are
constitutional and consistent with the reasoning applied by the Supreme
Court in Buckley. The logic of Buckley and its progeny permits Congress
to cap campaign contributions when necessary to avoid the impropriety
and the appearance of impropriety caused by large gifts. In Buckley the
Supreme Court struck down certain caps on campaign expenditures that
were originally included in the Federal Election Campaign Act [FECA].
At the same time, however, Buckley upheld a number of FECA's caps on
campaign contributions, including the $1,000 cap in the amount that
individuals can contribute to candidates, the $5,000 cap on the amount
that individuals can contribute to political action committees, and the
$20,000 cap on the amount that individuals can contribute to national
committees of political parties. Buckley also upheld FECA's $25,000 cap
on the total amount an individual can contribute to campaigns, PAC's
and national committees in any 1 year. This bill extends the scope of
these permitted caps to cover contributions to the State and local
committees of political parties for use in Federal campaigns.
The concept of proposing further caps on contributions to political
parties was endorsed by the Supreme Court in its decision in Colorado
Republican Federal Campaign Committee versus Federal Election
Commission. In that case, the Court ruled that the sections of FECA
that limited the amount of independent expenditures that could be made
by a political party were unconstitutional. In reaching this
conclusion, however, the Court approved limiting individual
contributions to political parties:
The greatest danger of corruption . . . appears to be from
the ability of donors to give sums up to $20,000 to a party
which may be used for independent party expenditures for the
benefit of a particular candidate. We could understand how
Congress, were it to conclude that the potential for evasion
of the individual contribution limits was a serious matter,
might decide to change the statute's limitations on
contributions to political parties. [Emphasis added]
The potential for evasion of the contribution limits clearly does
exist, and the fact of evasion of these limits clearly does exist. It
is indeed time that Congress changes FECA's limitations on
contributions to political parties.
express and issue advocacy
In the 1996 Presidential elections, the line was blurred beyond
recognition between party and candidate activities. There is
substantial evidence that soft money was spent illegally during the
1996 campaign by both parties. According to a November 18, 1996,
article in Time magazine, President Clinton's media strategists
collaborated in the creation of a DNC television commercials. The
article describes a cadre of Clinton-Gore advisors, including Dick
Morris, working side by side with DNC operatives to craft the DNC
advertisement which extolled the President's accomplishments and
criticized Republican policies. Republicans did the same.
Such cooperation constitutes violation of the Federal Election
Campaign Act [FECA] which provides:
Expenditures made by any person in cooperation,
consultation, or concert, with, or at the request or
suggestion of, a candidate, his authorized political
committees, or their agents, shall be considered to be a
contribution to such candidate. 2 U.S.C. 441a(a)(7)(B)(1)
Thus, if the alleged cooperation between the Clinton/Gore campaign
and the DNC took place, then all of the money spent on those DNC
advertisements constituted contributions to the Clinton campaign. Under
FECA, such contributions would have to be reported upon receipt and
would have to be included when calculating the campaign's compliance
with FECA's strict contribution and expenditure limits. The failure to
treat the expenditures as contributions would be a violation of FECA,
and the knowing and willful failure to treat the expenditures as
contributions would be a criminal violation of FECA.
There are indications that the Clinton/Gore campaign advisors did
realize they were violating the law at the time. The Time article
quotes one as saying, ``If the Republicans keep the Senate, they're
going to subpoena us.''
The content of the DNC and RNC advertisements appears to have
violated Federal election law. When an entity engages in issues
advocacy to promote a particular policy, it is exempt from the
limitation of FECA and can fund these activities from any source. When
an entity engages in express advocacy on behalf of a particular
candidate, it is subject to the limitations of FECA and is not
permitted to fund such activities with soft money. Where the
[[Page S9639]]
DNC and RNC advertisements did contain express advocacy, and funded
these advertisements with soft money, then these committees violated
FECA.
The FEC defines ``express advocacy'' as follows:
Communications using phrases such as ``vote for
President,'' ``reelect your Congressman,'' ``Smith for
Congress,'' or language which, when taken as a whole and with
limited reference to external events, can have no other
reasonable meaning than to urge the election or defeat of a
clearly identified federal candidate. 11 CFR 100.22
In my judgment, both the DNC and RNC television advertisement crossed
the line from issues advocacy to express advocacy. While the DNC and
RNC ads did not use the words ``Vote for Clinton'' or ``Dole for
President,'' these advertisements certainly urged the election of one
candidate and the defeat of another. For example, the following is the
script of a widely broadcast DNC television commercial:
American values. Do our duty to our parents. President
Clinton protects Medicare. The Dole/Gingrich budget tried to
cut Medicare $270 billion. Protect families. President
Clinton cut taxes for millions of working families. The Dole/
Gingrich budget tried to raise taxes on eight million of
them. Opportunity. President Clinton proposes tax breaks for
tuition. The Dole/Gingrich budget tried to slash college
scholarships. Only President Clinton's plan meets our
challenges, protects our values.
Does this advertisement convey any core message other than urging us
to vote for President Clinton?
The RNC ads similarly crossed the line into express advocacy. The
following is the script of a widely broadcast RNC television
commercial:
(Announcer) Compare the Clinton rhetoric with the Clinton
record.
(Clinton) ``We need to end welfare as we know it.''
(Announcer) But he vetoed welfare reform not once, but
twice. He vetoed work requirements for the able-bodied. He
vetoed putting time limits on welfare. And Clinton still
supports giving welfare benefits to illegal immigrants. The
Clinton rhetoric hasn't matched the Clinton record.
(Clinton) ``Fool me once, shame on you. Fool me twice,
shame on me.''
(Announcer) Tell President Clinton you won't be fooled
again.
Similarly, the Democrats, through their shared use of campaign
consultants such as Dick Morris for Clinton-Gore 1996 and the
Democratic National Committee, crossed the line into illegal
contributions on television advertisements.
There has been substantial information in the public domain about the
President's personal activities in preparing television commercials for
the 1996 campaign. The activity of the President has been documented in
a book by Dick Morris and in public statements by former Chief of
Staff, Leon Panetta. There is no doubt--and the Attorney General
conceded this in oversight hearings by the Judiciary Committee on April
30, 1997--that there would be a violation of the Federal election law
if, and when the President prepared campaign commercials that were
express advocacy commercials contrasted with issue advocacy
commercials.
This bill will end the charade by providing a clear-cut statutory
definition of express advocacy wherever the name or likeness of a
candidate appears with language which praises or criticizes that
candidate.
independent expenditures
This bill would put teeth into the law to make independent
expenditures truly independent. Current law requires political
committees or individuals to file reports quarterly until the end of a
campaign and to report expenditures of more than $1,000 within 24 hours
during the final 20 days of the campaign. This legislation would
require reporting for independent expenditures of $10,000 or more
within 24 hours during the last 3 months of a campaign. This bill would
require the individual making the independent expenditure or the
treasurer of the committee making the independent expenditure to take
and file an affidavit with the FEC that the expenditures were not
coordinated with the candidate or his-her committee. Then, the Federal
Election Commission would notify within 48 hours the candidate,
campaign treasurer, and campaign manager of that independent
expenditure. Those individuals would then have 48 hours to take and
file affidavits with the FEC that the expenditures were not coordinated
with the candidate or his/her committees.
Taking such affidavits coupled with the penalty for perjury would be
significant steps to preclude illegal coordination.
clamping down on foreign contributions
Anyone who has watched the Governmental Affairs hearings knows the
alarming role of illegal foreign contributions in our 1996 campaigns.
This legislation would strengthen the existing law to better prevent
transactions which effectively fund domestic political campaigns with
foreign financing schemes.
Under current law, it is illegal for a foreign national to contribute
money or anything of value, including loan guarantees, either directly
or indirectly through another person, in connection with an election to
any political office. Knowing and willful violations can result in
criminal penalties against the offending parties.
Mr. Haley Barbour's recent testimony before the Governmental Affairs
Committee highlights the need to strengthen and more actively enforce
the foreign money statute to ensure that foreign nationals do not
circumvent this intended prohibition on foreign political
contributions. This bill would clarify the law to cover all
arrangements from foreign entities through third parties where funds
from these transactions ultimately reach a U.S. political party or
candidate.
In his testimony, Mr. Barbour acknowledged that the National Policy
Forum [NPF], which he headed, received a $2.1 million loan guarantee in
October 1994, from Young Brothers Development, the U.S. subsidiary of a
Hong Kong company which provided the money. The loan guarantee served
as collateral for a loan NPF received from a U.S. bank. Shortly
thereafter, NPF sent two checks totaling $1.6 million to the Republican
National Committee [RNC]. NPF ultimately defaulted on its loan with the
U.S. bank and Young Brothers eventually ended up paying approximately
$700,000 to cover the default.
The weak link in the existing law is that many people, including
Attorney General Reno, have argued that the Federal campaign finance
law does not apply to soft money. Accordingly, there are those who
would argue that the NPF transaction described above would be legal so
long as only soft money was involved. We need to make it 100 percent
clear that foreign nationals cannot contribute to U.S. political
parties or candidates under any circumstances. My bill closes this
potential loophole by explicitly stating that the foreign money
provisions of the bill apply to all foreign contributions and
donations, both soft and hard money.
LIMITING INDIVIDUAL EXPENDITURES
The decision of the Supreme Court of the United States in Buckley
versus Valeo prohibits legislation limiting the amount of money an
individual may spend on his-her campaign. Maine recently enacted a
statute designed to deal with this issue which provides a model for
Federal legislation.
Under the Maine legislation, a voluntary cap is placed on the total
amount that candidates can spend during their campaigns for public
office. The law further provides that if one candidate exceeds the
spending limit, an opponent who has complied with the limit will be
given public matching funds in an amount equal to the amount by which
the offending candidate exceeded the spending limit. With such matching
funds available, it would be a real deterrent to prevent a candidate
from exceeding the expenditure cap since that candidate would no longer
receive an advantage from his or her additional expenditure. This
provision would probably not result in significant public expenditures;
and to the extent it did, it would be worth it.
LEGAL DEFENSE FUND
This bill would subject contributions for legal defense funds to
limits and mandatory disclosure for all Federal office holders and
candidates. Testimony before the Governmental Affairs Committee
disclosed that Mr. Yah Lin ``Charlie'' Trie brought in $639,000 for
President Clinton's legal defense fund. While those funds were
ultimately returned, there was never any identification of the donors
and the fact of those contributions was delayed until after the 1996
election.
Contributions to legal defense funds pose a public policy issue
similar to campaign contributions.
This bill would impose the same limits on contributions to legal
defense
[[Page S9640]]
funds which are currently required for political contributions with
jurisdiction for such reporting being vested in the Federal Election
Commission.
So at this time, Mr. President, I urge my colleagues to take a look
at the legislation. I ask unanimous consent that the bill be printed in
the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 1191
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 ``Senate
Campaign Finance Reform Act of 1997''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I--SENATE ELECTION SPENDING LIMITS AND BENEFITS
Sec. 101. Senate election spending limits and benefits.
TITLE II--REDUCTION OF SPECIAL INTEREST INFLUENCE
Subtitle A--Provisions Relating to Soft Money of Political Party
Committees
Sec. 201. Soft money of political party committees.
Sec. 202. State party grassroots funds.
Sec. 203. Reporting requirements.
Subtitle B--Soft Money of Persons Other Than Political Parties
Sec. 211. Soft money of persons other than political parties.
Subtitle C--Contributions
Sec. 221. Prohibition of contributions to Federal candidates and of
donations of anything of value to political parties by
foreign nationals.
Sec. 222. Closing of soft money loophole.
Sec. 223. Contribution to defray legal expenses of certain officials.
Subtitle D--Independent Expenditures
Sec. 231. Clarification of definitions relating to independent
expenditures.
Sec. 232. Reporting requirements for independent expenditures.
TITLE III--APPROPRIATIONS
Sec. 301. Authorization of appropriations.
TITLE IV--SEVERABILITY; JUDICIAL REVIEW; EFFECTIVE DATE; REGULATIONS
Sec. 401. Severability.
Sec. 402. Expedited review of constitutional issues.
Sec. 403. Effective date.
Sec. 404. Regulations.
TITLE I--SENATE ELECTION SPENDING LIMITS AND BENEFITS
SEC. 101. SENATE ELECTION SPENDING LIMITS AND BENEFITS.
(a) In General.--The Federal Election Campaign Act of 1971
(2 U.S.C. 431 et seq.) is amended by adding at the end the
following:
``TITLE V--SPENDING LIMITS AND BENEFITS FOR SENATE ELECTION CAMPAIGNS
``SEC. 501. CANDIDATES ELIGIBLE TO RECEIVE BENEFITS.
``(a) In General.--For purposes of this title, a candidate
is an eligible Senate candidate if the candidate--
``(1) meets the primary and general election filing
requirements of subsections (c) and (d);
``(2) meets the primary and runoff election expenditure
limits of subsection (b); and
``(3) meets the threshold contribution requirements of
subsection (e).
``(b) Primary and Runoff Expenditure Limits.--The
requirements of this subsection are met if--
``(1) the candidate and the candidate's authorized
committees did not make expenditures for the primary election
in excess of 67 percent of the general election expenditure
limit under section 502(a); and
``(2) the candidate and the candidate's authorized
committees did not make expenditures for any runoff election
in excess of 20 percent of the general election expenditure
limit under section 502(a).
``(c) Primary Filing Requirements.--
``(1) In general.--The requirements of this subsection are
met if the candidate files with the Commission a
certification that--
``(A) the candidate and the candidate's authorized
committees--
``(i) will meet the primary and runoff election expenditure
limits of subsection (b); and
``(ii) will accept only an amount of contributions for the
primary and runoff elections that does exceed those limits;
and
``(B) the candidate and the candidate's authorized
committees will meet the general election expenditure limit
under section 502(a).
``(2) Deadline for filing certification.--The certification
under paragraph (1) shall be filed not later than the date
the candidate files as a candidate for the primary election.
``(d) General Election Filing Requirements.--
``(1) In general.--The requirements of this subsection are
met if the candidate files a certification with the
Commission under penalty of perjury that--
``(A) the candidate and the candidate's authorized
committees--
``(i) met the primary and runoff election expenditure
limits under subsection (b); and
``(ii) did not accept contributions for the primary or
runoff election in excess of the primary or runoff
expenditure limit under subsection (b), whichever is
applicable, reduced by any amounts transferred to the current
election cycle from a preceding election cycle;
``(B) at least one other candidate has qualified for the
same general election ballot under the law of the candidate's
State; and
``(C) the candidate and the authorized committees of the
candidate--
``(i) except as otherwise provided by this title, will not
make expenditures that exceed the general election
expenditure limit under section 502(a);
``(ii) will not accept any contributions in violation of
section 315; and
``(iii) except as otherwise provided by this title, will
not accept any contribution for the general election involved
to the extent that the contribution would cause the aggregate
amount of contributions to exceed the sum of the amount of
the general election expenditure limit under section 502(a),
reduced by any amounts transferred to the current election
cycle from a previous election cycle and not taken into
account under subparagraph (A)(ii).
``(2) Deadline for filing certification.--The certification
under paragraph (1) shall be filed not later than 7 days
after the earlier of--
``(A) the date on which the candidate qualifies for the
general election ballot under State law; or
``(B) if under State law, a primary or runoff election to
qualify for the general election ballot occurs after
September 1, the date on which the candidate wins the primary
or runoff election.
``(e) Threshold Contribution Requirements.--
``(1) In general.--The requirements of this subsection are
met if the candidate and the candidate's authorized
committees have received allowable contributions during the
applicable period in an amount at least equal to the lesser
of--
``(A) 10 percent of the general election expenditure limit
under section 502(a); or
``(B) $250,000.
``(2) Definitions.--In this subsection:
``(A) Allowable contribution.--The term `allowable
contribution' means a contribution that is made as a gift of
money by an individual pursuant to a written instrument
identifying the individual as the contributor.
``(B) Applicable period.--The term `applicable period'
means--
``(i) the period beginning on January 1 of the calendar
year preceding the calendar year of the general election
involved and ending on the date on which the certification
under subsection (c)(2) is filed by the candidate; or
``(ii) in the case of a special election for the office of
Senator, the period beginning on the date on which the
vacancy in the office occurs and ending on the date of the
general election.
``SEC. 502. LIMITATION ON EXPENDITURES.
``(a) General Election Expenditure Limit.--
``(1) In general.--The aggregate amount of expenditures for
a general election by an eligible Senate candidate and the
candidate's authorized committees shall not exceed the
greater of--
``(A) $950,000; or
``(B) $400,000; plus
``(i) 30 cents multiplied by the voting age population not
in excess of 4,000,000; and
``(ii) 25 cents multiplied by the voting age population in
excess of 4,000,000.
``(2) Indexing.--The amounts determined under paragraph (1)
shall be increased as of the beginning of each calendar year
based on the increase in the price index determined under
section 315(c), except that the base period shall be calendar
year 1997.
``(b) Payment of Taxes.--The limitation under subsection
(a) shall not apply to any expenditure for Federal, State, or
local taxes with respect to earnings on contributions raised.
``SEC. 503. MATCHING FUNDS FOR ELIGIBLE SENATE CANDIDATES IN
RESPONSE TO EXPENDITURES BY NON-ELIGIBLE
OPPONENTS.
``(a) In General.--Not later than 5 days after the
Commission determines that a Senate candidate has made or
obligated to make expenditures or accepted contributions
during an election in an aggregate amount in excess of the
applicable election expenditure limit under section 502(a) or
501(b), the Commission shall make available to an eligible
Senate candidate in the same election an aggregate amount of
funds equal to the amount in excess of the applicable limit.
``(b) Eligible Senate Candidate Opposed by More Than 1 Non-
Eligible Senate Candidate.--For purposes of subsection (a),
if an eligible Senate candidate is opposed by more than 1
non-eligible Senate candidate in the same election, the
Commission shall take into account only the amount of
expenditures of the non-eligible Senate candidate that
expends, in the aggregate, the greatest amount of funds.
``(c) Time to Make Determinations.--The Commission may, on
the request of a candidate or on its own initiative, make a
determination whether a candidate has made or obligated to
make an aggregate amount of expenditures in excess of the
applicable limit under subsection (a).
``(d) Use of Funds.--Funds made available to a candidate
under subsection (a) shall be used in the same manner as
contributions are used.
[[Page S9641]]
``(e) Treatment of Funds.--An expenditure made with funds
made available to a candidate under this section shall not be
treated as an expenditure for purposes of the expenditure
limits under sections 501(b) and 502(a).
``SEC. 504. CERTIFICATION BY COMMISSION.
``(a) In General.--Not later than 48 hours after an
eligible candidate qualifies for a general election ballot,
the Commission shall certify the candidate's eligibility for
matching funds under section 503.
``(b) Determinations by Commission.--A determination
(including a certification under subsection (a)) made by the
Commission under this title shall be final, except to the
extent that the determination is subject to examination and
audit by the Commission under section 505.
``SEC. 505. REVOCATION; MISUSE OF BENEFITS.
``(a) Revocation of Status.--If the Commission determines
that any eligible Senate candidate has received contributions
or made or obligated to make expenditures in excess of--
``(1) the applicable primary election expenditure limit
under this title; or
``(2) the applicable general election expenditure limit
under this title,
the Commission shall revoke the certification of the
candidate as an eligible Senate candidate and notify the
candidate of the revocation.
``(b) Misuse of Benefits.--If the Commission determines
that any benefit made available to an eligible Senate
candidate under this title was not used as provided for in
this title or that a candidate has violated any of the
spending limits contained in this Act, the Commission shall
notify the candidate, and the candidate shall pay the
Commission an amount equal to the value of the benefit.''.
(b) Transition Period.--Expenditures made before January 1,
1998, shall not be counted as expenditures for purposes of
the limitations contained in the amendment made by subsection
(a).
TITLE II--REDUCTION OF SPECIAL INTEREST INFLUENCE
Subtitle A--Provisions Relating to Soft Money of Political Party
Committees
SEC. 201. SOFT MONEY OF POLITICAL PARTY COMMITTEES.
Title III of the Federal Election Campaign Act of 1971 (2
U.S.C. 301 et seq.) is amended by adding at the end the
following:
``SEC. 324. SOFT MONEY OF POLITICAL PARTY COMMITTEES.
``(a) National Committees.--A national committee of a
political party (including a national congressional campaign
committee of a political party, an entity that is
established, financed, maintained, or controlled by the
national committee, a national congressional campaign
committee of a political party, and an officer or agent of
any such party or entity but not including an entity
regulated under subsection (b)) shall not solicit or receive
any contributions, donations, or transfers of funds, or spend
any funds, not subject to the limitations, prohibitions, and
reporting requirements of this Act.
``(b) State, District, and Local Committees.--
``(1) Limitation.--Any amount that is expended or disbursed
by a State, district, or local committee of a political party
(including an entity that is established, financed,
maintained, or controlled by a State, district, or local
committee of a political party and an agent or officer of any
such committee or entity) during a calendar year in which a
Federal election is held, for any activity that might affect
the outcome of a Federal election, including any voter
registration or get-out-the-vote activity, any generic
campaign activity, and any communication that identifies a
candidate (regardless of whether a candidate for State or
local office is also mentioned or identified) shall be made
from funds subject to the limitations, prohibitions, and
reporting requirements of this Act.
``(2) Activity not included in paragraph (1).--
``(A) In general.--Paragraph (1) shall not apply to an
expenditure or disbursement made by a State, district, or
local committee of a political party for--
``(i) a contribution to a candidate for State or local
office if the contribution is not designated or otherwise
earmarked to pay for an activity described in paragraph (1);
``(ii) the costs of a State, district, or local political
convention;
``(iii) 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 any
individual who spends more than 20 percent of the
individual's time on activity during the month that may
affect the outcome of a Federal election) except that for
purposes of this paragraph, the non-Federal share of a party
committee's administrative and overhead expenses shall be
determined by applying the ratio of the non-Federal
disbursements to the total Federal expenditures and non-
Federal disbursements made by the committee during the
previous presidential election year to the committee's
administrative and overhead expenses in the election year in
question;
``(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; and
``(v) the cost of any campaign activity conducted solely on
behalf of a clearly identified candidate for State or local
office, if the candidate activity is not an activity
described in paragraph (1).
``(B) Fundraising.--Any amount that is expended or
disbursed by a national, State, district, or local committee,
by an entity that is established, financed, maintained, or
controlled by a 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 an activity described in
subparagraph (A) shall be made from funds subject to the
limitations, prohibitions, and reporting requirements of this
Act.
``(c) Tax-exempt Organizations.--No national, State,
district, or local committee of a political party shall
solicit any funds for or make any donations to an
organization that is exempt from Federal taxation under
section 501(c) of the Internal Revenue Code of 1986.
``(d) Candidates.--
``(1) In general.--Except as provided in paragraph (2), no
candidate, individual holding Federal office, or agent of a
candidate or individual holding Federal office may--
``(A) solicit or receive funds in connection with an
election for Federal office unless the funds are subject to
the limitations, prohibitions, and reporting requirements of
this Act; or
``(B) solicit or receive funds that are to be expended in
connection with any election for other than a Federal
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) Exception.--Paragraph (1) does not apply to the
solicitation or receipt of funds by an individual who is a
candidate for a State or local office if the solicitation or
receipt of funds is permitted under State law for the
individual's State or local campaign committee.''.
SEC. 202. STATE PARTY GRASSROOTS FUNDS.
(a) Individual Contributions.--Section 315(a)(1) of the
Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(1))
(as amended by section 105) is amended--
(1) in subparagraph (C) by striking ``or'' at the end;
(2) by redesignating subparagraph (D) as subparagraph (E);
and
(3) by inserting after subparagraph (C) the following:
``(D) to--
``(i) a State Party Grassroots Fund established and
maintained by a State committee of a political party in any
calendar year which, in the aggregate, exceed $20,000;
``(ii) any other political committee established and
maintained by a State committee of a political party in any
calendar year which, in the aggregate, exceed $5,000;
except that the aggregate contributions described in this
subparagraph that may be made by a person to the State Party
Grassroots Fund and all committees of a State Committee of a
political party in any State in any calendar year shall not
exceed $20,000; or''.
(b) Multicandidate Committee Contributions to State
Party.--Section 315(a)(2) of the Federal Election Campaign
Act of 1971 (2 U.S.C. 441a(a)(2)) is amended--
(1) in subparagraph (B), by striking ``or'' at the end;
(2) by redesignating subparagraph (C) as subparagraph (D);
and
(3) by inserting after subparagraph (B) the following:
``(C) to--
``(i) a State Party Grassroots Fund established and
maintained by a State committee of a political party in any
calendar year which in the aggregate, exceed $15,000;
``(ii) to any other political committee established and
maintained by a State committee of a political party which,
in the aggregate, exceed $5,000;
except that the aggregate contributions described in this
subparagraph that may be made by a multicandidate political
committee to the State Party Grassroots Fund and all
committees of a State Committee of a political party in any
State in any calendar year shall not exceed $15,000; or''.
(c) Overall Limit.--
(1) In general.--Section 315(a) of the Federal Election
Campaign Act of 1971 (2 U.S.C. 441a(a)) is amended by
striking paragraph (3) and inserting the following:
``(3) Overall limit.--
``(A) Election cycle.--No individual shall make
contributions during any election cycle that, in the
aggregate, exceed $60,000.
``(B) Calendar year.--No individual shall make
contributions during any calendar year--
``(i) to all candidates and their authorized political
committees that, in the aggregate, exceed $25,000; or
``(ii) to all political committees established and
maintained by State committees of a political party that, in
the aggregate, exceed $20,000.
``(C) Nonelection years.--For purposes of subparagraph
(B)(i), any contribution made to a candidate or the
candidate's authorized political committees in a year other
than the calendar year in which the election is held with
respect to which the contribution is made shall be treated as
being made during the calendar year in which the election is
held.''.
[[Page S9642]]
(2) Definition.--Section 301 of the Federal Election
Campaign Act of 1971 (2 U.S.C. 431) is amended by adding at
the end the following:
``(20) Election cycle.--The term `election cycle' means--
``(A) in the case of a candidate or the authorized
committees of a candidate, the period beginning on the day
after the date of the most recent general election for the
specific office or seat that the candidate seeks and ending
on the date of the next general election for that office or
sea; and
``(B) in the case of all other persons, the period
beginning on the first day following the date of the last
general election and ending on the date of the next general
election.''.
(d) State Party Grassroots Funds.--
(1) In general.--Title III of the Federal Election Campaign
Act of 1971 (2 U.S.C. 301 et seq.) (as amended by section
201) is amended by adding at the end the following:
``SEC. 325. STATE PARTY GRASSROOTS FUNDS.
``(a) Definition.--In this section, the term `State or
local candidate committee' means a committee established,
financed, maintained, or controlled by a candidate for other
than Federal office.
``(b) Transfers.--Notwithstanding section 315(a)(4), no
funds may be transferred by a State committee of a political
party from its State Party Grassroots Fund to any other State
Party Grassroots Fund or to any other political committee,
except a transfer may be made to a district or local
committee of the same political party in the same State if
the district or local committee--
``(1) has established a separate segregated fund for the
purposes described in section 324(b)(1); and
``(2) uses the transferred funds solely for those purposes.
``(c) Amounts Received by Grassroots Funds From State and
Local Candidate Committees.--
``(1) In general.--Any amount received by a State Party
Grassroots Fund from a State or local candidate committee for
expenditures described in section 324(b)(1) that are for the
benefit of that candidate shall be treated as meeting the
requirements of 324(b)(1) and section 304(f) if--
``(A) the amount is derived from funds which meet the
requirements of this Act with respect to any limitation or
prohibition as to source or dollar amount specified in
paragraphs (1)(A) and (2)(A) of section 315(a); and
``(B) the State or local candidate committee--
``(i) maintains, in the account from which payment is made,
records of the sources and amounts of funds for purposes of
determining whether those requirements are met; and
``(ii) certifies that the requirements were met.
``(2) Determination of compliance.--For purposes of
paragraph (1)(A), in determining whether the funds
transferred meet the requirements of this Act described in
paragraph (1)(A)--
``(A) a State or local candidate committee's cash on hand
shall be treated as consisting of the funds most recently
received by the committee; and
``(B) the committee must be able to demonstrate that its
cash on hand contains funds meeting those requirements
sufficient to cover the transferred funds.
``(3) Reporting.--Notwithstanding paragraph (1), any State
Party Grassroots Fund that receives a transfer described in
paragraph (1) from a State or local candidate committee shall
be required to meet the reporting requirements of this Act,
and shall submit to the Commission all certifications
received, with respect to receipt of the transfer from the
candidate committee.''.
(2) Definition.--Section 301 of the Federal Election
Campaign Act of 1971 (2 U.S.C. 431) (as amended by subsection
(c)(2)) is amended by adding at the end the following:
``(21) State party grassroots fund.--The term `State Party
Grassroots Fund' means a separate segregated fund established
and maintained by a State committee of a political party
solely for the purpose of making expenditures and other
disbursements described in section 325(a).''.
SEC. 203. REPORTING REQUIREMENTS.
(a) Reporting Requirements.--Section 304 of the Federal
Election Campaign Act of 1971 (2 U.S.C. 434) (as amended by
section 232) is amended by adding at the end the following:
``(f) Political Committees.--
``(1) National and congressional political committees.--The
national committee of a political party, any congressional
campaign committee of a political party, and any subordinate
committee of either, shall report all receipts and
disbursements during the reporting period, whether or not in
connection with an election for Federal office.
``(2) Other political committees to which section 325
applies.--A political committee (not described in paragraph
(1)) to which section 325(b)(1) applies shall report all
receipts and disbursements.
``(3) Other political committees.--Any political committee
to which paragraph (1) or (2) does not apply shall report any
receipts or disbursements that are used in connection with a
Federal election.
``(4) Transfers to State committees.--Any political
committee shall include in its report under paragraph (1) or
(2) the amount of any contribution received by a national
committee which is to be transferred to a State committee for
use directly (or primarily to support) activities described
in section 325(b)(2) and shall itemize such amounts to the
extent required by subsection (b)(3)(A).
``(5) 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
paragraph (3)(A), (5), or (6) of subsection (b).
``(6) 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) Report of Exempt Contributions.--Section 301(8) of the
Federal Election Campaign Act of 1971 (2 U.S.C. 431(8)) is
amended by adding at the end the following:
``(C) The exclusion provided in subparagraph (B)(viii)
shall not apply for purposes of any requirement to report
contributions under this Act, and all such contributions
aggregating in excess of $200 shall be reported.''.
(c) Reports by State Committees.--Section 304 of the
Federal Election Campaign Act of 1971 (2 U.S.C. 434) (as
amended by subsection (a)) is amended by adding at the end
the following:
``(g) Filing of State Reports.--In lieu of any report
required to be filed by this Act, the Commission may allow a
State committee of a political party to file with the
Commission a report required to be filed under State law if
the Commission determines such reports contain substantially
the same information.''.
(d) Other Reporting Requirements.--
(1) Authorized committees.--Section 304(b)(4) of the
Federal Election Campaign Act of 1971 (2 U.S.C. 434(b)(4)) is
amended--
(A) by striking ``and'' at the end of subparagraph (H);
(B) by inserting ``and'' at the end of subparagraph (I);
and
(C) by adding at the end the following new subparagraph:
``(J) in the case of an authorized committee, disbursements
for the primary election, the general election, and any other
election in which the candidate participates;''.
(2) Names and addresses.--Section 304(b)(5)(A) of the
Federal Election Campaign Act of 1971 (2 U.S.C. 434(b)(5)(A))
is amended--
(A) by striking ``within the calendar year''; and
(B) by inserting ``, and the election to which the
operating expenditure relates'' after ``operating
expenditure''.
Subtitle B--Soft Money of Persons Other Than Political Parties
SEC. 211. SOFT MONEY OF PERSONS OTHER THAN POLITICAL PARTIES.
Section 304 of the Federal Election Campaign Act of 1971 (2
U.S.C. 434) (as amended by section 203) is amended by adding
at the end the following:
``(h) Election Activity of Persons Other Than Political
Parties.--
``(1) In general.--A person other than a committee of a
political party that makes aggregate disbursements totaling
in excess of $10,000 for activities described in paragraph
(2) shall file a statement with the Commission--
``(A) within 48 hours after the disbursements are made; or
``(B) in the case of disbursements that are made within 20
days of an election, within 24 hours after the disbursements
are made.
``(2) Activity.--The activity described in this paragraph
is--
``(A) any activity described in section 315(b)(2)(A) that
refers to any candidate for Federal office, any political
party, or any Federal election; and
``(B) any activity described in subparagraph (B) or (C) of
section 315(b)(2).
``(3) Additional statements.--An additional statement shall
be filed each time additional disbursements aggregating
$10,000 are made by a person described in paragraph (1).
``(4) Applicability.--This subsection does not apply to--
``(A) a candidate or a candidate's authorized committees;
or
``(B) an independent expenditure.
``(5) Contents.--A statement under this section shall
contain such information about the disbursements as the
Commission shall prescribe, including--
``(A) the name and address of the person or entity to whom
the disbursement was made;
``(B) the amount and purpose of the disbursement; and
``(C) if applicable, whether the disbursement was in
support of, or in opposition to, a candidate or a political
party, and the name of the candidate or the political
party.''.
Subtitle C--Contributions
SEC. 221. PROHIBITION OF CONTRIBUTIONS TO FEDERAL CANDIDATES
AND OF DONATIONS OF ANYTHING OF VALUE TO
POLITICAL PARTIES BY FOREIGN NATIONALS.
Section 319 of the Federal Election Campaign Act of 1971 (2
U.S.C. 441e) is amended--
(1) by striking the heading and inserting ``prohibition of
contributions to candidates and donations of anything of
value to political parties by foreign nationals''; and
(2) in subsection (a)--
(A) by inserting ``or to make a donation of money or any
other thing of value to a political committee of a political
party'' after ``office''; and
[[Page S9643]]
(B) by inserting ``or donation'' after ``contribution'' the
second place it appears.
SEC. 222. CLOSING OF SOFT MONEY LOOPHOLE.
Section 315(a)(3) of the Federal Election Campaign Act of
1971 (2 U.S.C. 441a(a)(3)) is amended by striking
``contributions'' and inserting ``contributions (as defined
in section 301) to a candidate or donations (including a
contribution as defined in section 301) to political
committees''.
SEC. 223. CONTRIBUTIONS TO DEFRAY LEGAL EXPENSES OF CERTAIN
OFFICIALS.
(a) Contributions to Defray Legal Expenses.--
(1) Prohibition on making of contributions.--It shall be
unlawful for any person to make a contribution to a candidate
for nomination to, or election to, a Federal office (as
defined in section 301(3) of the Federal Election Campaign
Act of 1971 (2 U.S.C. 431(3))), an individual who is a holder
of a Federal office, or any head of an Executive department,
or any entity established on behalf of such individual, to
defray legal expenses of such individual--
(1) to the extent it would result in the aggregate amount
of such contributions from such person to or on behalf of
such individual to exceed $10,000 for any calendar year; or
(2) if the person is--
(A) a foreign national (as defined in section 319(b) of the
Federal Election Campaign Act of 1971 (2 U.S.C. 441e(b)); or
(B) a person prohibited from contributing to the campaign
of a candidate under section 316 of the Federal Election
Campaign Act of 1971 (2 U.S.C. 441b).
(2) Prohibition on acceptance of contributions.--No person
shall accept a contribution if the contribution would violate
paragraph (1).
(3) Penalty.--A person that knowingly and willfully commits
a violation of paragraph (1) or (2) shall be fined an amount
not to exceed the greater of $25,000 or 300 percent of the
contribution involved in such violation, imprisoned for not
more than 1 year, or both.
(4) Construction of prohibition.--Nothing in this section
shall be construed to permit the making of a contribution
that is otherwise prohibited by law.
(b) Reporting Requirements.--A candidate for nomination to,
or election to, a Federal office, an individual who is a
holder of a Federal office, or any head of an Executive
department, or any entity established on behalf of such
individual, that accepts contributions to defray legal
expenses of such individual shall file a quarterly report
with the Federal Election Commission including the following
information:
(1) The name and address of each contributor who makes a
contribution in excess of $25.
(2) The amount of each contribution.
(3) The name and address of each individual or entity
receiving disbursements from the fund.
(4) A brief description of the nature and amount of each
disbursement.
(5) The name and address of any provider of pro bono
services to the fund.
(6) The fair market value of any pro bono services provided
to the fund.
Subtitle D--Independent Expenditures
SEC. 231. CLARIFICATION OF DEFINITIONS RELATING TO
INDEPENDENT EXPENDITURES.
Section 301 of the Federal Election Campaign Act of 1971 (2
U.S.C. 431) is amended by striking paragraphs (17) and (18)
and inserting the following:
``(17) Independent expenditure.--The term `independent
expenditure' means an expenditure that--
``(A) contains express advocacy; and
``(B) is made without cooperation or consultation with any
candidate, or any authorized committee or agent of such
candidate, and which is not made in concert with, or at the
request or suggestion of, any candidate, or any authorized
committee or agent of such candidate.
``(18) Express advocacy.--
``(A) In general.--The term `express advocacy' means a
communication that, taken as a whole and with limited
reference to external events, makes positive statements about
or negative statements about or makes an expression of
support for or opposition to a specific candidate, a specific
group of candidates, or candidates of a particular political
party.
``(B) Expression of support for or opposition to.--In
subparagraph (A), the term `expression of support for or
opposition to' includes a suggestion to take action with
respect to an election, such as to vote for or against, make
contributions to, or participate in campaign activity, or to
refrain from taking action.
``(C) Voting records.--The term `express advocacy' does not
include the publication and distribution of a communication
that is limited to providing information about votes by
elected officials on legislative matters and that does not
expressly advocate the election or defeat of a clearly
identified candidate.''.
SEC. 232. REPORTING REQUIREMENTS FOR INDEPENDENT
EXPENDITURES.
(a) Time for Reporting Certain Expenditures.--Section
304(c) of the Federal Election Campaign Act of 1971 (2 U.S.C.
434(c)) is amended--
(1) in paragraph (2), by striking the undesignated matter
after subparagraph (C);
(2) by redesignating paragraph (3) as paragraph (4); and
(3) by inserting after paragraph (2), as amended by
paragraph (1), the following:
``(d) Time for Reporting Certain Expenditures.--
``(1) Expenditures aggregating $1,000.--
``(A) Initial report.--A person that makes or obligates to
make independent expenditures aggregating $1,000 or more
after the 20th day, but more than 24 hours, before an
election shall file a report describing the expenditures
within 24 hours after that amount of independent expenditures
has been made or obligated to be made.
``(B) Additional reports.--After a person files a report
under subparagraph (A), the person filing the report shall
file an additional report each time that independent
expenditures are made or obligated to be made 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 that makes or obligates to
make independent expenditures aggregating $10,000 or more
after the 90th day and up to and including the 20th day
before an election shall file a report describing the
expenditures within 24 hours after that amount of independent
expenditures has been made or obligated to be made.
``(B) Additional reports.--After a person files a report
under subparagraph (A), the person filing the report shall
file an additional report each time that independent
expenditures are made or obligated to be made aggregating an
additional $10,000 with respect to the same election as that
to which the initial report relates.
``(3) Contents of Report.--A report under this subsection--
``(A) shall be filed with the Commission;
``(B) shall contain the information required by subsection
(c).''.
(b) Affidavit Requirement.--Section 304 of the Federal
Election Campaign Act of 1971 (2 U.S.C. 434) (as amended by
subsection (a)) is amended--
(1) in subsection (c)(2)(B), by inserting ``(in the case of
a committee, by both the chief executive officer and the
treasurer of the committee)'' after ``certification''; and
(2) by adding at the end the following:
``(e) Certification Requirements.--
``(1) Commission.--Not later than 48 hours after receipt of
a certification under subsection (c)(2)(B), the Commission
shall notify the candidate to which the independent
expenditure refers and the candidate's campaign manager and
campaign treasurer that an expenditure has been made and a
certification has been received.
``(2) Candidate.--Not later than 48 hours after receipt of
notification under paragraph (1), the candidate and the
candidate's campaign manager and campaign treasurer shall
each file with the Commission a certification, under penalty
of perjury, stating whether or not the independent
expenditure was made in cooperation, consultation, or
concert, with, or at the request or suggestion of, the
candidate or authorized committee or agent of such
candidate.''.
TITLE III--APPROPRIATIONS
SEC. 301. AUTHORIZATION OF APPROPRIATIONS.
The Federal Election Campaign Act of 1971 is amended--
(1) by striking section 314 (2 U.S.C. 439c) and inserting
the following:
``SEC. 314. [REPEALED].'';
and
(2) by inserting after section 407 the following:
``SEC. 408. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
Act and chapters 95 and 96 of the Internal Revenue Code of
1986 such sums as are necessary.''.
TITLE IV--SEVERABILITY; JUDICIAL REVIEW; EFFECTIVE DATE; REGULATIONS
SEC. 401. SEVERABILITY.
If any provision of this Act, an amendment made by this
Act, or the application of such provision or amendment to any
person or circumstance is held to be unconstitutional, the
remainder of this Act, the amendments made by this Act, and
the application of the provisions of such to any person or
circumstance shall not be affected thereby.
SEC. 402. EXPEDITED REVIEW OF CONSTITUTIONAL ISSUES.
(a) Direct Appeal to Supreme Court.--An appeal may be taken
directly to the Supreme Court of the United States from any
interlocutory order or final judgment, decree, or order
issued by any court ruling on the constitutionality of any
provision of this Act or amendment made by this Act.
(b) Acceptance and Expedition.--The Supreme Court shall, if
it has not previously ruled on the question addressed in the
ruling below, accept jurisdiction over, advance on the
docket, and expedite the appeal to the greatest extent
possible.
SEC. 403. EFFECTIVE DATE.
Except as otherwise provided in this Act, the amendments
made by, and the provisions of, this Act shall take effect on
January 1, 1998.
SEC. 404. REGULATIONS.
The Federal Election Commission shall prescribe any
regulations required to carry out this Act not later than 9
months after the effective date of this Act.
______
By Ms. SNOWE (for herself, Mr. Kerry and Mr. Kennedy):
S. 1192. A bill to limit the size of vessels permitted to fish for
Atlantic mackerel or herring, to the size permitted under the
appropriate fishery
[[Page S9644]]
management plan; to the Committee on Commerce, Science, and
Transportation.
THE NORTH ATLANTIC FISHERIES RESOURCE CONSERVATION ACT
Ms. SNOWE. Mr. President, in keeping with the old adage that those
who do not know history are doomed to repeat it, I am introducing a
bill today with Senator Kerry which is designed to avoid repeating the
mistakes of the past in fisheries management.
Most of the major commercial fisheries in both the United States and
the world are either fully exploited or overexploited. In many
instances, these fisheries have approached or reached an overfished
condition because the fishing fleets which targeted them became
overcapitalized before the management system in place could respond
effectively to this excess fishing capacity. As a result, we find
ourselves today faced with case after case of having to make wrenching
management decisions to reduce fishing effort that have substantial
socioeconomic impacts on coastal communities that depend on fishing for
their livelihoods.
In the cases of Atlantic herring and Atlantic mackerel, however, we
still have time. Through torturous but ultimately fortunate historical
circumstances, the offshore stocks of these fisheries remain, at least
according to the best information presently available, fairly abundant.
And because of their relative abundance, these fisheries have attracted
increasing attention from fishermen in the Northeast and the mid-
Atlantic, many of whom have been displaced from the now-depleted New
England groundfish fishery.
Earlier this year, however, a dramatic new proposal came to light
which could alter the planned course of sustainable development for
these fisheries. A United States-Dutch group intends to bring a 369
foot factory trawler into the Atlantic herring and mackerel fisheries
by the spring of 1998. This vessel is more than twice the size of any
other vessel currently fishing in New England, and it intends to
harvest 50,000 tons of fish annually. Many concerns have been raised
from Maine to New Jersey about the potential impacts that this enormous
vessel will have on the herring and mackerel stocks, and on the
composition of the fisheries that have been developing in recent years
through the hard work of many people in the region. To take one example
of these concerns, while the National Marine Fisheries Service
indicates that herring is, according to the best information, fairly
abundant off Georges Bank and southern New England, there are
legitimate concerns about the health of the Gulf of Maine stocks which
form the major source of supply for the sardine and lobster bait
industries, and which do appear to interact and aggregate with the
offshore stocks at certain times of the year. Unfortunately, today's
science cannot tell us with a high degree of precision what impacts the
increased fishing of offshore stocks would have on all of the key Gulf
of Maine stocks.
The uncertainties surrounding the Atlantic Star proposal are the
kinds of things that must be carefully reviewed, and the most
appropriate forums for reviewing these questions are the regional
fishery management councils established to manage our fisheries under
the Magnuson-Stevens Act. Unfortunately, neither of the councils with
jurisdiction over herring and mackerel had addressed the issues raised
by the Atlantic Star before the vessel's owners were able to get it
permitted. The Atlantic herring fishery does not have a federal fishery
management plan, meaning that it is largely unregulated. And the
existing management plan for mackerel was developed before it was known
that the Atlantic Star would seek to operate in that fishery.
To ensure that the Atlantic Star and other vessels of its class
receive the thorough consideration intended in the Magnuson-Stevens
Act, the bill introduced by Senator Kerry and I calls a temporary
timeout on the entry of very large vessels into the herring and
mackerel fisheries until the councils have time to act. Our bill states
that no vessel over 165 feet or with greater than 3,000 horsepower can
harvest these species unless the appropriate council specifically
authorizes it in a fishery management plan or plan amendment. But
unlike other bills that have been introduced on this issue, our bill
ensures that this matter is addressed in a reasonable timeframe. It
establishes deadlines for action on the Atlantic Star by the councils
and the Commerce Department of September 30, 1998, whether the decision
is favorable or unfavorable.
Mr. President, this bill simply ensures that the analytical and
deliberative process outlined in the Magnuson-Stevens Act has a chance
to work as it was intended. And when the issue is the introduction of a
dramatically different new fishing technology into two relatively
healthy fisheries of substantial importance to many people who live in
the region, the integrity of this process could not be more important.
It is unfortunate that this issue was not resolved by the councils and
the Commerce Department sooner, but the fact is that it was not, and
Congress, if it is to ensure that our fisheries are managed
responsibly, must intervene in a responsible manner. The remedy that we
have proposed is responsible, temporary, and reasonable.
Mr. KERRY. Mr. President, I rise today to join with my friend and
colleague, the distinguished Senator from Maine, in introducing
legislation on a topic of growing importance to coastal communities
throughout the Northeast--conservation of North Atlantic fisheries
resources.
Since I arrived in the Senate over 12 years ago, I have worked to
address the many challenges confronting our ocean and coastal
resources. After all, few States draw as much of their national and
regional identity from their coasts as does Massachusetts. My efforts
have been principally through my participation as a member on the
Commerce, Science, and Transportation Committee, and particularly as
ranking member of the Oceans and Fisheries Subcommittee and as co-chair
of its predecessor, the National Ocean Policy Study.
During my tenure, I have worked with my colleagues to develop
innovative policy solutions to achieve the long-term protection and
sustainable use of vulnerable marine resources. Our goal has been to
ensure strong coastal economies and a clean, healthy ocean environment
from the Gulf of Maine to the Gulf of Alaska.
One of our recent successes was last year's bill to reauthorize and
strengthen the Magnuson-Stevens Fishery Conservation and Management Act
(Magnuson-Stevens Act). That legislation, the Sustainable Fisheries
Act, ultimately should provide the framework for rebuilding depleted
fish stocks and developing management schemes to prevent overfishing.
Unfortunately, many of the ideas and safeguards the new law contains
represent difficult lessons learned from the devastating collapse of
the New England groundfish fishery. In other regional fisheries, we
have been too late to stop the depletion.
This brings us to the issue at hand: How can we prevent repetition of
the groundfish experience, maintain the current health of Atlantic
herring and mackerel stocks, and encourage their sustainable use? The
first step, of course, is through development of conservative and
comprehensive fishery management plans. Toward that end, on June 17,
1997, I wrote the National Marine Fisheries Service, asking it to work
with the New England Fishery Management Council to ensure the immediate
development and implementation of a fishery management plan for
Atlantic herring. Such a plan is essential to protect herring stocks
and traditional fishery participants as proposals move forward to
expand the herring fishery in Federal waters.
Atlantic herring is an important part of New England's fishing
tradition. For generations, we have harvested herring for use as canned
sardines, as bait in lobster pots, and for other products. Fishermen
using small boats form the base of the fishery, and it is those
fishermen, more than any others, who seek an intelligent plan for
managing the fishery and protecting against overharvest. In addition,
Atlantic herring play a key role in the marine ecosystem off New
England coasts by providing a primary food source for whales, seabirds,
and other fish including groundfish, tuna, striped bass, and bluefish.
The challenge now is to prevent a flood of new or displaced boats
from entering the herring fishery and overwhelming the harvesting
capacity of the resource. The National Marine Fisheries Service
estimates that herring stocks are now at levels that
[[Page S9645]]
would support an expanded harvest level. However, New England's past
has taught us that in an unregulated environment, this current healthy
condition could rapidly be reversed. Given the present lack of a
Federal fishery management plan for herring and questionable scientific
information on the status of the stocks, the uncontrolled expansion of
this fishery could have devastating consequences.
We need to slow down the increase in fishing power entering the
herring fishery, and we need to give the New England Council the time
to develop a thoughtful Federal management plan for herring that
responds to local interests and needs. While I had hoped that the
council and the Secretary of Commerce would be able to accomplish these
goals through the process established by the Magnuson-Stevens Act and
other fishery laws, it has become clear in recent weeks that we must
impose temporary legislative safeguards until that process is complete.
The bill which Senators Snowe, Kennedy, and I are introducing today,
the North Atlantic Fisheries Resource Conservation Act, provides those
safeguards. First, by September 30, 1998, the New England and Mid-
Atlantic Councils and the Secretary of Commerce are required to develop
and implement both a fishery management plan for herring and a plan
amendment for Atlantic mackerel. Second, a fishing vessel that is
longer than 165 feet or has engines that exceed 3,000 horsepower is
prohibited from harvesting either herring or mackerel until the
councils and the Secretary have addressed the potential impact of such
vessels in the management plan.
While the provisions of the North Atlantic Fisheries Resource
Conservation Act are specific to two Northeast fisheries, the issues
which they address should become part of a broader national policy
debate about our vision for the American fishing industry in the 21st
century. For over two decades, our fishery policies have focused on two
goals: conservation and management of U.S. fishery resources and
development of the domestic fishing industry. We have succeeded beyond
our expectations in achieving the second goal of developing the U.S.
fishing industry. I am optimistic that the Sustainable Fisheries Act
will move us toward achieving the first goal of improving conservation
and management. With the achievement of those goals, however, come new
questions. What do we want our fishing industry to look like in the
years to come? What should we as a nation do to preserve traditional
coastal communities centered on small-boat fishermen? What restrictions
if any should be placed on enormous factory trawlers? In New England,
these large ships conjure up memories of foreign factory trawlers
vacuuming up and destroying U.S. fishery resources in the days before
the Magnuson-Stevens Act. Are such ships an appropriate element in
other U.S. fisheries?
The legislation before us today focuses on the actions needed to
safeguard the Atlantic herring and mackerel fisheries. However, I look
forward to the broader debate. By the prompt enactment of this
legislation I hope we can contribute to that debate and begin to shift
the national example set by New England fisheries from one of
overfishing and painful rebuilding toward one of conservative
management that is successful in preserving both the fishermen and the
fish.
______
By Mr. CHAFEE (for himself, Mr. Craig, Mr. Rockefeller, Mr.
Jeffords, Mr. DeWine, Mr. Coats, Mr. Bond, Ms. Landrieu, and
Mr. Levin):
S. 1195. A bill to promote the adoption of children in foster care,
and for other purposes; to the Committee on Finance.
THE PROMOTION OF ADOPTION SAFETY AND SUPPORT FOR ABUSED AND NEGLECTED
CHILDREN ACT
Mr. CHAFEE. Mr. President, I am pleased to introduce the Promotion of
Adoption, Safety and Support for Abused and Neglected Children Act, the
so-called PASS Act. This legislation will make critical reforms to the
Nation's child welfare and foster care system and will go a long way
toward improving the lives of the hundreds of thousands of abused and
neglected children across America. These are children without a safe
family setting. They are children who face abuse and neglect every day
of their lives. They are America's forgotten children. And, all too
often, they are children without hope.
This chilling picture has brought the sponsors of this bill together
to take immediate action. The goals of the PASS Act are twofold: to
ensure that abused and neglected children are in safe settings, and to
move children more rapidly out of the foster care system and into
permanent placements.
While the goal of reunifying children with their biological families
is laudable, we should not be encouraging States to return abused or
neglected children to homes that are clearly unsafe. Regrettably, this
is occurring under current law.
About 500,000--half a million--abused or neglected children currently
live outside their homes, either in foster care or with relatives. In
Rhode Island alone, there are nearly 1,500 children who have been
removed from their homes and are in foster care. The Rhode Island
Department of Children and Families has an active case load of about
7,700 children who have been abused or neglected.
Many of these children will be able to return to their parents, but
many will not. Too often, children who cannot return to their parents
wait for years in foster care before they are adopted. In today's child
welfare system, it has become a lonely and tragic wait with no end. To
us, that is an unacceptable way of life for any child to have to
endure.
The PASS Act seeks to shorten the time a child must wait to be
adopted, all the while ensuring that wherever a child is placed, his or
her safety and health will be the first concern.
The PASS Act also contains important new financial incentives to help
these children find adoptive homes. State agencies will receive bonuses
for each child that is adopted, and families who open their hearts and
their homes to these children will be eligible for Federal financial
assistance and Medicaid coverage for the child.
I believe the PASS Act is a good bipartisan, compromise package. The
sponsors of this bill have worked hard to come together in support of a
child welfare reform bill. And we expect this new, revised legislation
to move quickly through the Senate, as the Majority Leader has
indicated that adoption legislation is one of a select few priorities
to be dealt with before expected adjournment in early November.
But the real reason we need to move this bill is not because of
legislative haste. It is because each passing day we do not act to
bring hope and relief to abused and neglected children is a dark day
for Congress and the Nation.
Finally let me thank my friend Jay Rockefeller, who has worked so
tirelessly on these issues and whose leadership was key to this bill. I
also want to pay special tribute to Larry Craig--without his commitment
to these children this agreement would not have been possible. I am
proud of this bipartisan effort, and I hope all of my colleagues will
support this measure. I ask unanimous consent that the full text of the
legislation be printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 1195
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 ``Promotion
of Adoption, Safety, and Support for Abused and Neglected
Children (PASS) Act''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I--REASONABLE EFFORTS AND SAFETY REQUIREMENTS FOR FOSTER CARE AND
ADOPTION PLACEMENTS
Sec. 101. Clarification of the reasonable efforts requirement.
Sec. 102. Including safety in case plan and case review system
requirements.
Sec. 103. Multidisciplinary/multiagency child death review teams.
Sec. 104. States required to initiate or join proceedings to terminate
parental rights for certain children in foster care.
Sec. 105. Notice of reviews and hearings; opportunity to be heard.
Sec. 106. Use of the Federal Parent Locator Service for child welfare
services.
Sec. 107. Criminal records checks for prospective foster and adoptive
parents and group care staff.
[[Page S9646]]
Sec. 108. Development of State guidelines to ensure safe, quality care
to children in out-of-home placements.
Sec. 109. Documentation of efforts for adoption or location of a
permanent home.
TITLE II--INCENTIVES FOR PROVIDING PERMANENT FAMILIES FOR CHILDREN
Sec. 201. Adoption incentive payments.
Sec. 202. Promotion of adoption of children with special needs.
Sec. 203. Technical assistance.
Sec. 204. Adoptions across State and county jurisdictions.
Sec. 205. Facilitation of voluntary mutual reunions between adopted
adults and birth parents and siblings.
Sec. 206. Annual report on State performance in protecting children.
TITLE III--ADDITIONAL IMPROVEMENTS AND REFORMS
Sec. 301. Expansion of child welfare demonstration projects.
Sec. 302. Permanency planning hearings.
Sec. 303. Kinship care.
Sec. 304. Standby guardianship.
Sec. 305. Clarification of eligible population for independent living
services.
Sec. 306. Coordination and collaboration of substance abuse treatment
and child protection services.
Sec. 307. Reauthorization and expansion of family preservation and
support services.
Sec. 308. Innovation grants to reduce backlogs of children awaiting
adoption and for other purposes.
TITLE IV--MISCELLANEOUS
Sec. 401. Preservation of reasonable parenting.
Sec. 402. Reporting requirements.
Sec. 403. Report on fiduciary obligations of State agencies receiving
SSI payments.
Sec. 404. Allocation of administrative costs of determining eligibility
for medicaid and TANF.
TITLE V--EFFECTIVE DATE
Sec. 501. Effective date.
TITLE I--REASONABLE EFFORTS AND SAFETY REQUIREMENTS FOR FOSTER CARE AND
ADOPTION PLACEMENTS
SEC. 101. CLARIFICATION OF THE REASONABLE EFFORTS
REQUIREMENT.
Section 471(a)(15) of the Social Security Act (42 U.S.C.
671(a)(15)) is amended to read as follows:
``(15) provides that--
``(A) in determining reasonable efforts, as described in
this section, the child's health and safety shall be the
paramount concern;
``(B) reasonable efforts shall be made to preserve and
reunify families when possible--
``(i) prior to the placement of a child in foster care, to
prevent or eliminate the need for removing the child from the
child's home when the child can be cared for at home without
endangering the child's health or safety; or
``(ii) to make it possible for the child to safely return
to the child's home;
``(C) reasonable efforts shall not be required on behalf of
any parent--
``(i) if a court of competent jurisdiction has made a
determination that the parent has--
``(I) committed murder of another child of the parent;
``(II) committed voluntary manslaughter of another child of
the parent;
``(III) aided or abetted, attempted, conspired, or
solicited to commit such murder or voluntary manslaughter; or
``(IV) committed a felony assault that results in serious
bodily injury to the child or another child of the parent;
``(ii) if a court of competent jurisdiction determines that
returning the child to the home of the parent would pose a
serious risk to the child's health or safety (including but
not limited to cases of abandonment, torture, chronic
physical abuse, sexual abuse, or a previous involuntary
termination of parental rights with respect to a sibling of
the child); or
``(iii) if the State, through legislation, has specified
cases in which the State is not required to make reasonable
efforts because of serious circumstances that endanger a
child's health or safety;
``(D) if reasonable efforts to preserve or reunify a family
are not made in accordance with subparagraph (C), and
placement with either parent would pose a serious risk to the
child's health or safety, or in any case in which a State's
goal for the child is adoption or placement in another
permanent home, reasonable efforts shall be made to place the
child in a timely manner with an adoptive family, with a
qualified relative or legal guardian, or in another planned
permanent living arrangement, and to complete whatever steps
are necessary to finalize the adoption or legal guardianship;
and
``(E) reasonable efforts of the type described in
subparagraph (D) may be made concurrently with reasonable
efforts of the type described in subparagraph (B);''.
SEC. 102. INCLUDING SAFETY IN CASE PLAN AND CASE REVIEW
SYSTEM REQUIREMENTS.
Title IV of the Social Security Act (42 U.S.C. 601 et seq.)
is amended--
(1) in section 422(b)(10)(B) (as redesignated by section
5592(a)(1)(A)(iii) of the Balanced Budget Act of 1997 (Public
Law 105-33; 111 Stat. 644))--
(A) in clause (iii)(I), by inserting ``safe and'' after
``where''; and
(B) in clause (iv), by inserting ``safely'' after
``remain''; and
(2) in section 475--
(A) in paragraph (1)--
(i) in subparagraph (A), by inserting ``safety and'' after
``discussion of the''; and
(ii) in subparagraph (B)--
(I) by inserting ``safe and'' after ``child receives''; and
(II) by inserting ``safe'' after ``return of the child to
his own''; and
(B) in paragraph (5)--
(i) in subparagraph (A), in the matter preceding clause
(i), by inserting ``a safe setting that is'' after
``placement in''; and
(ii) in subparagraph (B)--
(I) by inserting ``the safety of the child,'' after
``determine''; and
(II) by inserting ``and safely maintained in'' after
``returned to''.
SEC. 103. MULTIDISCIPLINARY/MULTIAGENCY CHILD DEATH REVIEW
TEAMS.
(a) State Child Death Review Teams.--Section 471 of the
Social Security Act (42 U.S.C. 671) is amended by adding at
the end the following:
``(c)(1) In order to investigate and prevent child death
from fatal abuse and neglect, not later than 2 years after
the date of the enactment of this subsection, a State, in
order to be eligible for payments under this part, shall
submit to the Secretary a certification that the State has
established and is maintaining, in accordance with applicable
confidentiality laws, a State child death review team, and if
necessary in order to cover all counties in the State, child
death review teams on the regional or local level, that shall
review child deaths, including deaths in which--
``(A) there is a record of a prior report of child abuse or
neglect or there is reason to suspect that the child death
was caused by, or related to, child abuse or neglect; or
``(B) the child who died was a ward of the State or was
otherwise known to the State or local child welfare service
agency.
``(2) A child death review team established in accordance
with this subsection should have a membership that will
present a range of viewpoints that are independent from any
specific agency, and shall include representatives from, at a
minimum, specific fields of expertise, such as law
enforcement, health, mental health, and substance abuse, and
from the community.
``(3) A State child death review team shall--
``(A) provide support to a regional or local child death
review team;
``(B) make public an annual summary of case findings;
``(C) provide recommendations for systemwide improvements
in services to investigate and prevent future fatal abuse and
neglect; and
``(D) if the State child death review team covers all
counties in the State on its own, carry out the duties of a
regional or local child death review team described in
paragraph (4).
``(4) A regional or local child death review team shall--
``(A) conduct individual case reviews;
``(B) recommend followup procedures for child death cases;
and
``(C) suggest and assist with system improvements in
services to investigate and prevent future fatal abuse and
neglect.''.
(b) Federal Child Death Review Team.--Section 471 of the
Social Security Act (42 U.S.C. 671), as amended by subsection
(a), is amended by adding at the end the following:
``(d)(1) The Secretary shall establish a Federal child
death review team that shall consist of at least the
following:
``(A) Representatives of the following Federal agencies who
have expertise in the prevention or treatment of child abuse
and neglect:
``(i) Department of Health and Human Services.
``(ii) Department of Justice.
``(iii) Bureau of Indian Affairs.
``(iv) Department of Defense.
``(v) Bureau of the Census.
``(B) Representatives of national child-serving
organizations who have expertise in the prevention or
treatment of child abuse and neglect and that, at a minimum,
represent the health, child welfare, social services, and law
enforcement fields.
``(2) The Federal child death review team established under
this subsection shall--
``(A) review reports of child deaths on military
installations and other Federal lands, and coordinate with
Indian tribal organizations in the review of child deaths on
Indian reservations;
``(B) upon request, provide guidance and technical
assistance to States and localities seeking to initiate or
improve child death review teams and to prevent child
fatalities; and
``(C) develop recommendations on related policy and
procedural issues for Congress, relevant Federal agencies,
and States and localities for the purpose of preventing child
fatalities.''.
SEC. 104. STATES REQUIRED TO INITIATE OR JOIN PROCEEDINGS TO
TERMINATE PARENTAL RIGHTS FOR CERTAIN CHILDREN
IN FOSTER CARE.
(a) Requirement for Proceedings.--Section 475(5) of the
Social Security Act (42 U.S.C. 675(5)) is amended--
(1) by striking ``and'' at the end of subparagraph (C);
(2) by striking the period at the end of subparagraph (D)
and inserting ``; and''; and
[[Page S9647]]
(3) by adding at the end the following:
``(E) in the case of a child who has been in foster care
under the responsibility of the State for 12 of the most
recent 18 months, or for a lifetime total of 24 months, or,
if a court of competent jurisdiction has determined an infant
to have been abandoned (as defined under State law), or made
a determination that the parent has committed murder of
another child of such parent, committed voluntary
manslaughter of another child of such parent, aided or
abetted, attempted, conspired, or solicited to commit such
murder or voluntary manslaughter, or committed a felony
assault that results in serious bodily injury to the
surviving child or to another child of such parent, the State
shall file a petition to terminate the parental rights of the
child's parents (or, if such a petition has been filed by
another party, seek to be joined as a party to the petition),
and, concurrently, to identify, recruit, process, and approve
a qualified family for an adoption, unless--
``(i) at the option of the State, the child is being cared
for by a relative; or
``(ii) a State court or State agency has documented a
compelling reason for determining that filing such a petition
would not be in the best interests of the child.''.
(b) Determination of Beginning of Foster Care.--Section
475(5) of the Social Security Act (42 U.S.C. 675(5)), as
amended by subsection (a), is amended--
(1) by striking ``and'' at the end of subparagraph (D);
(2) by striking the period at the end of subparagraph (E)
and inserting ``; and''; and
(3) by adding at the end the following:
``(F) a child shall be considered to have entered foster
care on the latter of--
``(i) the first time the child is removed from the home; or
``(ii) the date of the first judicial hearing on removal of
the child from the home.''.
(c) Elimination of Unnecessary Court Delays.--
(1) One-year statute of limitations for appeals of orders
terminating parental rights.--Section 471(a) of the Social
Security Act (42 U.S.C. 671(a)), as amended by section
5591(b) of the Balanced Budget Act of 1997, is amended--
(A) by striking ``and'' at the end of paragraph (18);
(B) by striking the period at the end of paragraph (19) and
inserting ``; and''; and
(C) by adding at the end the following:
``(20) provides that an order terminating parental rights
shall only be appealable during the 1-year period that begins
on the date the order is issued.''.
(2) One-year statute of limitations for appeals of orders
of removal.--Section 471(a) of the Social Security Act (42
U.S.C. 671(a)), as amended by subsection (a), is amended--
(A) in paragraph (19), by striking ``and'' at the end;
(B) in paragraph (20), by striking the period and inserting
``; and''; and
(C) by adding at the end the following:
``(21) provides that a court-ordered removal of a child
shall only be appealable during the 1-year period that begins
on the date the order is issued.''.
(d) Rule of Construction.--Nothing in part E of title IV of
the Social Security Act (42 U.S.C. 670 et seq.), as amended
by this Act, shall be construed as precluding State courts or
State agencies from initiating or finalizing the termination
of parental rights for reasons other than, or for timelines
earlier than, those specified in part E of title IV of such
Act, when such actions are determined to be in the best
interests of the child.
(e) Effective Dates.--
(1) In general.--Except as provided in paragraphs (2) and
(3), the amendments made by this section shall apply to
children entering foster care under the responsibility of the
State after the date of enactment of this Act.
(2) Transition rule for current foster care children.--
Subject to paragraph (3), with respect to any child in foster
care under the responsibility of the State on or before the
date of enactment of this Act, the amendments made by this
section shall not apply to such child until the date that is
1 year after the date of enactment of this Act.
(3) Delay Permitted if State Legislation Required.--The
provisions of section 501(b) shall apply to the effective
date of the amendments made by this section.
SEC. 105. NOTICE OF REVIEWS AND HEARINGS; OPPORTUNITY TO BE
HEARD.
Section 475(5) of the Social Security Act (42 U.S.C.
675(5)), as amended by section 104(b), is amended--
(1) by striking ``and'' at the end of subparagraph (E);
(2) by striking the period at the end of subparagraph (F)
and inserting ``; and''; and
(3) by adding at the end the following:
``(G) the foster parents (if any) of a child and any
relative providing care for the child are provided with
notice of, and an opportunity to be heard in, any review or
hearing to be held with respect to the child, except that
this subparagraph shall not be construed to make any foster
parent or relative a party to such a review or hearing solely
on the basis of such notice and opportunity to be heard.''.
SEC. 106. USE OF THE FEDERAL PARENT LOCATOR SERVICE FOR CHILD
WELFARE SERVICES.
Section 453 of the Social Security Act (42 U.S.C. 653), as
amended by section 5534 of the Balanced Budget Act of 1997,
is amended--
(1) in subsection (a)(2)--
(A) in the matter preceding subparagraph (A), by inserting
``or making or enforcing child custody or visitation orders''
after ``obligations,''; and
(B) in subparagraph (A)--
(i) by striking ``or'' at the end of clause (ii);
(ii) by striking the comma at the end of clause (iii) and
inserting ``; or''; and
(iii) by inserting after clause (iii) the following:
``(iv) who has or may have parental rights with respect to
a child,''; and
(2) in subsection (c)--
(A) by striking the period at the end of paragraph (3) and
inserting ``; and''; and
(B) by adding at the end the following:
``(4) a State agency that is administering a program
operated under a State plan under subpart 1 of part B, or a
State plan approved under subpart 2 of part B or under part
E.''.
SEC. 107. CRIMINAL RECORDS CHECKS FOR PROSPECTIVE FOSTER AND
ADOPTIVE PARENTS AND GROUP CARE STAFF.
Section 471(a) of the Social Security Act (42 U.S.C.
671(a)), as amended by section 104(c)(2), is amended--
(1) by striking ``and'' at the end of paragraph (20);
(2) by striking the period at the end of paragraph (21) and
inserting ``; and''; and
(3) by adding at the end the following:
``(22) provides procedures for criminal records checks and
checks of a State's child abuse registry for any prospective
foster parent or adoptive parent, and any employee of a
residential child-care institution before the foster parent
or adoptive parent, or the residential child-care institution
may be finally approved for placement of a child on whose
behalf foster care maintenance payments or adoption
assistance payments are to be made under the State plan under
this part, including procedures requiring that--
``(A) in any case in which a criminal record check reveals
a criminal conviction for child abuse or neglect, or spousal
abuse, a criminal conviction for crimes against children, or
a criminal conviction for a crime involving violence,
including violent drug-related offenses, rape, sexual or
other physical assault, battery, or homicide, approval shall
not be granted, unless the individual provides substantial
evidence to local law enforcement officials and the State
child protection agency proving that there are extraordinary
circumstances which demonstrate that approval should be
granted; and
``(B) in any case in which a criminal record check reveals
a criminal conviction for a felony or misdemeanor not
involving violence, or a check of any State child abuse
registry indicates that a substantiated report of abuse or
neglect exists, final approval may be granted only after
consideration of the nature of the offense or incident, the
length of time that has elapsed since the commission of the
offense or the occurrence of the incident, the individual's
life experiences during the period since the commission of
the offense or the occurrence of the incident, and any risk
to the child.''.
SEC. 108. DEVELOPMENT OF STATE GUIDELINES TO ENSURE SAFE,
QUALITY CARE TO CHILDREN IN OUT-OF-HOME
PLACEMENTS.
Section 471(a)(10) of the Social Security Act (42 U.S.C.
671(a)(10)) is amended--
(1) by inserting ``and guidelines'' after ``standards''
each place it appears; and
(2) by inserting ``ensuring quality services that protect
the safety and health of children in foster care placements
with nonprofit and for-profit agencies,'' after ``related
to''.
SEC. 109. DOCUMENTATION OF EFFORTS FOR ADOPTION OR LOCATION
OF A PERMANENT HOME.
Section 475 of the Social Security Act (42 U.S.C. 675) is
amended--
(1) in paragraph (1)--
(A) in the last sentence--
(i) by striking ``the case plan must also include''; and
(ii) by redesignating such sentence as subparagraph (D) and
indenting appropriately; and
(B) by adding at the end, the following:
``(E) In the case of a child with respect to whom the
State's goal is adoption or placement in another permanent
home, documentation of the steps taken by the agency to find
an adoptive family or other permanent living arrangement for
the child, to place the child with an adoptive family, legal
guardian, or in another planned permanent living arrangement,
and to finalize the adoption or legal guardianship. At a
minimum, such documentation shall include child specific
recruitment efforts such as the use of State, regional, and
national adoption exchanges including electronic exchange
systems.''; and
(2) in paragraph (5)(B), by inserting ``(including the
requirement specified in paragraph (1)(E))'' after ``case
plan''.
TITLE II--INCENTIVES FOR PROVIDING PERMANENT FAMILIES FOR CHILDREN
SEC. 201. ADOPTION INCENTIVE PAYMENTS.
Part E of title IV of the Social Security Act (42 U.S.C.
670-679) is amended by inserting after section 473 the
following:
``SEC. 473A. ADOPTION INCENTIVE PAYMENTS.
``(a) Grant Authority.--Subject to the availability of such
amounts as may be provided in advance in appropriations Acts
for this purpose, the Secretary may make a grant to each
State that is an incentive-eligible State for a fiscal year
in an amount
[[Page S9648]]
equal to the adoption incentive payment payable to the State
for the fiscal year under this section, which shall be
payable in the immediately succeeding fiscal year.
``(b) Incentive-Eligible State.--A State is an incentive-
eligible State for a fiscal year if--
``(1) the State has a plan approved under this part for the
fiscal year;
``(2) the number of foster child adoptions in the State
during the fiscal year exceeds the base number of foster
child adoptions for the State for the fiscal year;
``(3) the State is in compliance with subsection (c) for
the fiscal year; and
``(4) the fiscal year is any of fiscal years 1998 through
2002.
``(c) Data Requirements.--
``(1) In general.--A State is in compliance with this
subsection for a fiscal year if the State has provided to the
Secretary the data described in paragraph (2) for fiscal year
1997 (or, if later, the fiscal year that precedes the first
fiscal year for which the State seeks a grant under this
section) and for each succeeding fiscal year.
``(2) Determination of numbers of adoptions.--
``(A) Determinations based on afcars data.--Except as
provided in subparagraph (B), the Secretary shall determine
the numbers of foster child adoptions and of special needs
adoptions in a State during each of fiscal years 1997 through
2002, for purposes of this section, on the basis of data
meeting the requirements of the system established pursuant
to section 479, as reported by the State in May of the fiscal
year and in November of the succeeding fiscal year, and
approved by the Secretary by April 1 of the succeeding fiscal
year.
``(B) Alternative data sources permitted for fiscal year
1997.--For purposes of the determination described in
subparagraph (A) for fiscal year 1997, the Secretary may use
data from a source or sources other than that specified in
subparagraph (A) that the Secretary finds to be of equivalent
completeness and reliability, as reported by a State by
November 30, 1997, and approved by the Secretary by March 1,
1998.
``(3) No waiver of afcars requirements.--This section shall
not be construed to alter or affect any requirement of
section 479 or any regulation prescribed under such section
with respect to reporting of data by States, or to waive any
penalty for failure to comply with the requirements.
``(d) Adoption Incentive Payment.--
``(1) In general.--Except as provided in paragraph (2), the
adoption incentive payment payable to a State for a fiscal
year under this section shall be equal to the sum of--
``(A) $2,000, multiplied by amount (if any) by which the
number of foster child adoptions in the State during the
fiscal year exceeds the base number of foster child adoptions
for the State for the fiscal year; and
``(B) $2,000, multiplied by the amount (if any) by which
the number of special needs adoptions in the State during the
fiscal year exceeds the base number of special needs
adoptions for the State for the fiscal year.
``(2) Pro rata adjustment if insufficient funds
available.--For any fiscal year, if the total amount of
adoption incentive payments otherwise payable under this
section for a fiscal year exceeds the amount appropriated for
that fiscal year, the amount of the adoption incentive
payment payable to each State under this section for the
fiscal year shall be--
``(A) the amount of the adoption incentive payment that
would otherwise be payable to the State under this section
for the fiscal year; multiplied by
``(B) the percentage represented by the amount appropriated
for that year, divided by the total amount of adoption
incentive payments otherwise payable under this section for
the fiscal year.
``(e) 2-Year Availability of Incentive Payments.--Payments
to a State under this section in a fiscal year shall remain
available for use by the State through the end of the
succeeding fiscal year.
``(f) Limitations on Use of Incentive Payments.--A State
shall not expend an amount paid to the State under this
section except to provide to children or families any service
(including post adoption services) that may be provided under
part B or E. Amounts expended by a State in accordance with
the preceding sentence shall be disregarded in determining
State expenditures for purposes of Federal matching payments
under section 474.
``(g) Definitions.--As used in this section:
``(1) Foster child adoption.--The term `foster child
adoption' means the final adoption of a child who, at the
time of adoptive placement, was in foster care under the
supervision of the State.
``(2) Special needs adoption.--The term `special needs
adoption' means the final adoption of a child for whom an
adoption assistance agreement is in effect under section 473.
``(3) Base number of foster child adoptions.--The term
`base number of foster child adoptions for a State' means,
with respect to a fiscal year, the largest number of foster
child adoptions in the State in fiscal year 1997 (or, if
later, the first fiscal year for which the State has
furnished to the Secretary the data described in subsection
(c)(2)) or in any succeeding fiscal year preceding the fiscal
year.
``(4) Base number of special needs adoptions.--The term
`base number of special needs adoptions for a State' means,
with respect to a fiscal year, the largest number of special
needs adoptions in the State in fiscal year 1997 (or, if
later, the first fiscal year for which the State has
furnished to the Secretary the data described in subsection
(c)(2)) or in any succeeding fiscal year preceding the fiscal
year.
``(h) Limitations on Authorization of Appropriations.--
``(1) In general.--For grants under this section, there are
authorized to be appropriated to the Secretary $15,000,000
for each of fiscal years 1999 through 2003.
``(2) Availability.--Amounts appropriated under paragraph
(1) are authorized to remain available until expended, but
not after fiscal year 2003.''.
SEC. 202. PROMOTION OF ADOPTION OF CHILDREN WITH SPECIAL
NEEDS.
(a) In General.--Section 473(a) of the Social Security Act
(42 U.S.C. 673(a)) is amended by striking paragraph (2) and
inserting the following:
``(2)(A) For purposes of paragraph (1)(B)(ii), a child
meets the requirements of this paragraph if such child--
``(i) prior to termination of parental rights and the
initiation of adoption proceedings was in the care of a
public or licensed private child care agency or Indian tribal
organization either pursuant to a voluntary placement
agreement (provided the child was in care for not more than
180 days) or as a result of a judicial determination to the
effect that continuation in the home would be contrary to the
safety and welfare of such child, or was residing in a foster
family home or child care institution with the child's minor
parent (either pursuant to such a voluntary placement
agreement or as a result of such a judicial determination);
and
``(ii) has been determined by the State pursuant to
subsection (c) to be a child with special needs, which needs
shall be considered by the State, together with the
circumstances of the adopting parents, in determining the
amount of any payments to be made to the adopting parents.
``(B) Notwithstanding any other provision of law, and
except as provided in paragraph (7), a child who is not a
citizen or resident of the United States and who meets the
requirements of subparagraph (A) and is otherwise determined
to be eligible for the receipt of adoption assistance
payments, shall be eligible for adoption assistance payments
under this part.
``(C) A child who meets the requirements of subparagraph
(A) and who is otherwise determined to be eligible for the
receipt of adoption assistance payments shall continue to be
eligible for such payments in the event that the child's
adoptive parent dies or the child's adoption is dissolved,
and the child is placed with another family for adoption.''.
(b) Exception.--Section 473(a) of the Social Security Act
(42 U.S.C. 673(a)) is amended by adding at the end the
following:
``(7)(A) Notwithstanding any other provision of this
subsection, no payment may be made to parents with respect to
any child that--
``(i) would be considered a child with special needs under
subsection (c);
``(ii) is not a citizen or resident of the United States;
and
``(iii) was adopted outside of the United States or was
brought into the United States for the purpose of being
adopted.
``(B) Subparagraph (A) shall not be construed as
prohibiting payments under this part for a child described in
subparagraph (A) that is placed in foster care subsequent to
the failure, as determined by the State, of the initial
adoption of such child by the parents described in such
subparagraph.''.
(c) Requirement for Use of State Savings.--Section 473(a)
of the Social Security Act (42 U.S.C. 673(a)), as amended by
subsection (b), is amended by adding at the end the
following:
``(8) A State shall spend an amount equal to the amount of
savings (if any) in State expenditures under this part
resulting from the application of paragraph (2) on and after
the effective date of the amendment to such paragraph made by
section 202(a) of the Promotion of Adoption, Safety, and
Support for Abused and Neglected Children (PASS) Act to
provide to children or families any service (including post-
adoption services) that may be provided under this part or
part B.''.
SEC. 203. TECHNICAL ASSISTANCE.
(a) In General.--The Secretary of Health and Human Services
may, directly or through grants or contracts, provide
technical assistance to assist States and local communities
to reach their targets for increased numbers of adoptions
and, to the extent that adoption is not possible, alternative
permanent placements, for children in foster care.
(b) Limitations.--The technical assistance provided under
subsection (a) shall support the goal of encouraging more
adoptions out of the foster care system, when adoptions
promote the best interests of children, and shall include the
following:
(1) The development of best practice guidelines for
expediting termination of parental rights.
(2) Models to encourage the use of concurrent planning.
(3) The development of specialized units and expertise in
moving children toward adoption as a permanency goal.
(4) The development of risk assessment tools to facilitate
early identification of the children who will be at risk of
harm if returned home.
[[Page S9649]]
(5) Models to encourage the fast tracking of children who
have not attained 1 year of age into adoptive and pre-
adoptive placements.
(6) Development of programs that place children in pre-
adoptive families without waiting for termination of parental
rights.
(7) Development of programs to recruit adoptive parents.
SEC. 204. ADOPTIONS ACROSS STATE AND COUNTY JURISDICTIONS.
(a) Elimination of Geographic Barriers to Interstate
Adoption.--Section 471(a) of the Social Security Act (42
U.S.C. 671(a)), as amended by section 106, is amended--
(1) by striking ``and'' at the end of paragraph (21);
(2) by striking the period at the end of paragraph (22) and
inserting ``; and''; and
(3) by adding at the end the following:
``(23) provides that neither the State nor any other entity
in the State that receives funds from the Federal Government
and is involved in adoption or foster care placements may--
``(A) deny to any person the opportunity to become an
applicant for custody of a child, licensure as a foster or
adoptive parent, or for foster care maintenance payments or
adoption assistance payments under this part on the basis of
the geographic residence of the person or of the child
involved; or
``(B) delay or deny the placement of a child for adoption,
into foster care, or in the child's original home on the
basis of the geographic residence of an adoptive or foster
parent or of the child involved.''.
(b) Study of Interjurisdictional Adoption Issues.--
(1) In general.--The Secretary of Health and Human Services
(in this subsection referred to as the ``Secretary'') shall
appoint an advisory panel that shall--
(A) study and consider how to improve procedures and
policies to facilitate the timely and permanent adoptions of
children across State and county jurisdictions;
(B) examine, at a minimum, interjurisdictional adoption
issues--
(i) concerning the recruitment of prospective adoptive
families from other States and counties;
(ii) concerning the procedures to grant reciprocity to
prospective adoptive family home studies from other States
and counties;
(iii) arising from a review of the comity and full faith
and credit provided to adoption decrees and termination of
parental rights orders from other States; and
(iv) concerning the procedures related to the
administration and implementation of the Interstate Compact
on the Placement of Children; and
(C) not later than 12 months after the final appointment to
the advisory panel, submit to the Secretary the report
described in paragraph (3).
(2) Composition of advisory panel.--In establishing the
advisory panel required under paragraph (1), the Secretary
shall appoint members from the general public who are
individuals knowledgeable on adoption and foster care issues,
and with due consideration to representation of ethnic or
racial minorities and diverse geographic areas, and who, at a
minimum, include the following:
(A) Adoptive and foster parents.
(B) Public and private child welfare agencies that place
children in and out of home care.
(C) Family court judges.
(D) Adoption attorneys.
(E) An Administrator of the Interstate Compact on the
Placement of Children and an Administrator of the Interstate
Compact on Adoption and Medical Assistance.
(F) A representative cross-section of individuals from
other organizations and individuals with expertise or
advocacy experience in adoption and foster care issues.
(3) Contents of report.--The report required under
paragraph (1)(C) shall include the results of the study
conducted under subparagraphs (A) and (B) of paragraph (1)
and recommendations on how to improve procedures to
facilitate the interjurisdictional adoption of children,
including interstate and intercounty adoptions, so that
children will be assured timely and permanent placements.
(4) Congress.--The Secretary shall submit a copy of the
report required under paragraph (1)(C) to the appropriate
committees of Congress, and, if relevant, make
recommendations for proposed legislation.
SEC. 205. FACILITATION OF VOLUNTARY MUTUAL REUNIONS BETWEEN
ADOPTED ADULTS AND BIRTH PARENTS AND SIBLINGS.
The Secretary of Health and Human Services, at no net
expense to the Federal Government, may use the facilities of
the Department of Health and Human Services to facilitate the
voluntary, mutually requested reunion of an adult adopted
child who is 21 years of age or older with--
(1) any birth parent of the adult child; or
(2) any adult adopted sibling who is 21 years of age or
older, of the adult child,
if all such persons involved in any such reunion have, on
their own initiative, expressed a desire for a reunion and
agree to keep confidential the name and location of the other
birth parent of the adult adopted child and any other adult
adopted sibling of the adult adopted child.
SEC. 206. ANNUAL REPORT ON STATE PERFORMANCE IN PROTECTING
CHILDREN.
(a) In General.--Part E of title IV of the Social Security
Act (42 U.S.C. 670 et seq.) is amended by adding at the end
the following:
``SEC. 479A. ANNUAL REPORT.
``(a) In General.--The Secretary shall issue an annual
report containing ratings of the performance of each State in
protecting children who are placed in foster care, for
adoption, or with a relative or guardian. The report shall
include ratings on outcome measures for categories related to
safety and permanence for children.
``(b) Outcome Measures.--
``(1) In general.--The Secretary shall develop a set of
outcome measures to be used in preparing the report.
``(2) Categories.--In developing the outcome measures, the
Secretary shall develop measures that can track performance
over time for the following categories:
``(A) The number of children placed annually for adoption,
the number of placements of children with special needs, and
the number of children placed permanently in a foster family
home, with a relative, or with a guardian who is not a
relative.
``(B) The number of children, including those with parental
rights terminated, that annually leave foster care at the age
of majority without having been adopted or placed with a
guardian.
``(C) The median and mean length of stay of children in
foster care, for children with parental rights terminated,
and children for whom parental rights are retained by the
biological or adoptive parent.
``(D) The median and mean length of time between a child
having a plan of adoption and termination of parental rights,
between the availability of a child for adoption and the
placement of the child in an adoptive family, and between the
placement of the child in such a family and the finalization
of the adoption.
``(E) The number of deaths of children in foster care and
other out-of-home care, including kinship care, resulting
from substantiated child abuse and neglect.
``(F) The specific steps taken by the State to facilitate
permanence for children.
``(3) Measures.--In developing the outcome measures, the
Secretary shall use data from the Adoption and Foster Care
Analysis and Reporting System established under section 479
to the maximum extent possible.
``(c) Rating System.--The Secretary shall develop a system
(including using State census data and poverty rates) to rate
the performance of each State based on the outcome measures.
``(d) Information.--In order to receive funds under this
part, a State shall annually provide to the Secretary such
adoption, foster care, and guardianship information as the
Secretary may determine to be necessary to issue the report
for the State.
``(e) Preparation and Issuance.--On October 1, 1998, and
annually thereafter, the Secretary shall prepare, submit to
Congress, and issue to the States the report described in
subsection (a). Each report shall rate the performance of a
State on each outcome measure developed under subsection (b),
include an explanation of the rating system developed under
subsection (c) and the way in which scores are determined
under the rating system, analyze high and low performances
for the State, and make recommendations to the State for
improvement.''.
(b) Conforming Amendments.--Section 471(a) of the Social
Security Act (42 U.S.C. 671(a)), as amended by section
204(a), is amended--
(1) in paragraph (22), by striking ``and'' at the end;
(2) in paragraph (23), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(24) provides that the State shall annually provide to
the Secretary the information required under section 479A.''.
TITLE III--ADDITIONAL IMPROVEMENTS AND REFORMS
SEC. 301. EXPANSION OF CHILD WELFARE DEMONSTRATION PROJECTS.
Section 1130(a) of the Social Security Act (42 U.S.C.
1320a-9(a)) is amended by striking ``10'' and inserting
``15''.
SEC. 302. PERMANENCY PLANNING HEARINGS.
Section 475(5)(C) of the Social Security Act (42 U.S.C.
675(5)(C)) is amended--
(1) by striking ``dispositional'' and inserting
``permanency planning'';
(2) by striking ``no later than'' and all that follows
through ``12 months'' and inserting ``not later than 12
months after the original placement (and not less frequently
than every 6 months''; and
(3) by striking ``future status of'' and all that follows
through ``long term basis)'' and inserting ``permanency plans
for the child (including whether and, if applicable, when,
the child will be returned to the parent, referred for
termination of parental rights, placed for adoption, or
referred for legal guardianship, or other planned permanent
living arrangement)''.
SEC. 303. KINSHIP CARE.
(a) Report.--
(1) In general.--The Secretary of Health and Human Services
shall--
(A) not later than March 1, 1998, convene the advisory
panel provided for in subsection (b)(1) and prepare and
submit to the advisory panel an initial report on the extent
to which children in foster care are placed in the care of a
relative (in this section referred to as ``kinship care'');
and
(B) not later than November 1, 1998, submit to the
Committee on Ways and Means of the House of Representatives
and the Committee on Finance of the Senate a final report on
the matter described in subparagraph (A), which shall--
(i) be based on the comments submitted by the advisory
panel pursuant to subsection
[[Page S9650]]
(b)(2) and other information and considerations; and
(ii) include the policy recommendations of the Secretary
with respect to the matter.
(2) Required contents.--Each report required by paragraph
(1) shall--
(A) include, to the extent available for each State,
information on--
(i) the policy of the State regarding kinship care;
(ii) the characteristics of the kinship care providers
(including age, income, ethnicity, and race);
(iii) the characteristics of the household of such
providers (such as number of other persons in the household
and family composition);
(iv) how much access to the child is afforded to the parent
from whom the child has been removed;
(v) the cost of, and source of funds for, kinship care
(including any subsidies such as medicaid and cash
assistance);
(vi) the goal for a permanent living arrangement for the
child and the actions being taken by the State to achieve the
goal;
(vii) the services being provided to the parent from whom
the child has been removed; and
(viii) the services being provided to the kinship care
provider; and
(B) specifically note the circumstances or conditions under
which children enter kinship care.
(b) Advisory Panel Review.--
(1) In general.--The advisory board on child abuse and
neglect established under section 102 of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5102), or, if on the
date of enactment of this Act such advisory board does not
exist, the advisory panel authorized under paragraph (2),
shall review the report prepared pursuant to subsection (a)
and submit to the Secretary comments on the report not later
than July 1, 1998.
(2) Authorization for appointments.--Subject to paragraph
(1), the Secretary of Health and Human Services, in
consultation with the Chairman of the Committee on Ways and
Means of the House of Representatives and the Chairman of the
Committee on Finance of the Senate, may appoint an advisory
board for the purpose of reviewing and commenting on the
report prepared pursuant to subsection (a). Such advisory
board shall include parents, foster parents, former foster
children, State and local public officials responsible for
administering child welfare programs, private persons
involved in the delivery of child welfare services,
representatives of tribal governments and tribal courts,
judges, and academic experts.
SEC. 304. STANDBY GUARDIANSHIP.
It is the sense of Congress that the States should have in
effect laws and procedures that permit any parent who is
chronically ill or near death, without surrendering parental
rights, to designate a standby guardian for the parent's
minor children, whose authority would take effect upon--
(1) the death of the parent;
(2) the mental incapacity of the parent; or
(3) the physical debilitation and consent of the parent.
SEC. 305. CLARIFICATION OF ELIGIBLE POPULATION FOR
INDEPENDENT LIVING SERVICES.
Section 477(a)(2)(A) of the Social Security Act (42 U.S.C.
677(a)(2)(A)) is amended by inserting ``(including children
with respect to whom such payments are no longer being made
because the child has accumulated assets, not to exceed
$5,000, which are otherwise regarded as resources for
purposes of determining eligibility for benefits under this
part)'' before the comma.
SEC. 306. COORDINATION AND COLLABORATION OF SUBSTANCE ABUSE
TREATMENT AND CHILD PROTECTION SERVICES.
(a) Study and Report on Sources of Support for Substance
Abuse Prevention and Treatment for Parents and Children and
Collaboration Among State Agencies.--
(1) Study.--Not later than 12 months after the date of the
enactment of this Act, the Comptroller General of the United
States shall--
(A) prepare an inventory of all Federal and State programs
that may provide funds for substance abuse prevention and
treatment services for families receiving services directly
or through grants or contracts from public child welfare
agencies; and
(B) examine--
(i) the availability and results of joint prevention and
treatment activities conducted by State substance abuse
prevention and treatment agencies and State child welfare
agencies; and
(ii) how such agencies (jointly or separately) are
responding to and addressing the needs of infants who are
exposed to substance abuse.
(2) Report to congress.--Not later than 18 months after the
date of enactment of this Act, the Comptroller General of the
United States shall submit to the appropriate committees of
Congress a report on the study conducted under paragraph (1).
Such report shall include--
(A) a description of the extent to which clients of child
welfare agencies have substance abuse treatment needs, the
nature of those needs, and the extent to which those needs
are being met;
(B) a description of the barriers that prevent the
substance abuse treatment needs of clients of child welfare
agencies from being treated appropriately;
(C) a description of the collaborative activities of State
child welfare and substance abuse prevention and treatment
agencies to jointly assess clients' needs, fund substance
abuse prevention and treatment, train and consult with staff,
and evaluate the effectiveness of programs serving clients in
both agencies' caseloads;
(D) a summary of the available data on the treatment and
cost-effectiveness of substance abuse treatment services for
clients of child welfare agencies; and
(E) recommendations, including recommendations for Federal
legislation, for addressing the needs and barriers, as
described in subparagraphs (A) and (B), and for promoting
further collaboration of the State child welfare and
substance abuse prevention and treatment agencies in meeting
the substance abuse treatment needs of families.
(b) Priority in Providing Substance Abuse Treatment.--
Section 1927 of the Public Health Service Act (42 U.S.C.
300x-27) is amended--
(1) in the heading, by inserting ``AND CARETAKER PARENTS''
after ``WOMEN''; and
(2) in subsection (a)--
(A) in paragraph (1)--
(i) by inserting ``all caretaker parents who are referred
for treatment by the State or local child welfare agency and
who'' after ``referred for and''; and
(ii) by striking ``is given'' and inserting ``are given'';
and
(B) in paragraph (2)--
(i) by striking ``such women'' and inserting ``such
pregnant women and caretaker parents''; and
(ii) by striking ``the women'' and inserting ``the pregnant
women and caretaker parents''.
(c) Foster Care Payments for Children With Parents in
Residential Facilities.--Section 472(b) of the Social
Security Act (42 U.S.C. 672(b)) is amended--
(1) in paragraph (1), by striking ``or'' at the end;
(2) in paragraph (2), by striking the period and inserting
``, or''; and
(3) by adding at the end the following:
``(3) placed with the child's parent in a residential
program that provides treatment and other necessary services
for parents and children, including parenting services,
when--
``(A) the parent is attempting to overcome--
``(i) a substance abuse problem and is complying with an
approved treatment plan;
``(ii) being a victim of domestic violence;
``(iii) homelessness;
``(iv) special needs resulting from being a teenage parent;
or
``(v) post-partum depression;
``(B) the safety of the child can be assured;
``(C) the range of services provided by the program is
designed to appropriately address the needs of the parent and
child;
``(D) the goal of the case plan for the child is to try to
reunify the child with the family within a specified period
of time;
``(E) the parent described in subparagraph (A)(i) has not
previously been treated in a residential program serving
parents and their children together; and
``(F) the amount of foster care maintenance payments made
to the residential program on behalf of such child do not
exceed the amount of such payments that would otherwise be
made on behalf of the child.''.
SEC. 307. REAUTHORIZATION AND EXPANSION OF FAMILY
PRESERVATION AND SUPPORT SERVICES.
(a) Reauthorization of Family Preservation and Support
Services.--
(1) In general.--Section 430(b) of the Social Security Act
(42 U.S.C. 629(b)) is amended--
(A) in paragraph (4), by striking ``or'' at the end;
(B) in paragraph (5), by striking the period and inserting
a semicolon; and
(C) by adding at the end the following:
``(6) for fiscal year 1999, $275,000,000;
``(7) for fiscal year 2000, $295,000,000;
``(8) for fiscal year 2001, $315,000,000;
``(9) for fiscal year 2002, $335,000,000; and
``(10) for fiscal year 2003, $355,000,000.''.
(2) Conforming amendment.--Section 430(d)(1) of the Social
Security Act (42 U.S.C. 630(d)(1)) is amended by striking
``and 1998'' and inserting ``1998, 1999, 2000, 2001, 2002,
and 2003''.
(b) Expansion for Time-Limited Family Reunification
Services.--
(1) Addition to state plan; minimum spending requirement.--
Section 432 of the Social Security Act (42 U.S.C. 629b) is
amended--
(A) in subsection (a)--
(i) in paragraph (4), by striking ``and community-based
family support services with significant portions'' and
inserting ``, community-based family support services, and
time-limited family reunification services, with not less
than 25 percent''; and
(ii) in paragraph (5)(A), by striking ``and community-based
family support services'' and inserting ``, community-based
family support services, and time-limited family
reunification services''; and
(B) in subsection (b)(1), by striking ``and family
support'' and inserting ``, family support, and family
reunification services''.
(2) Definition of time-limited family reunification
services.--Section 431(a) of the Social Security Act (42
U.S.C. 631(a)) is amended--
(A) by redesignating paragraphs (5) and (6) as paragraphs
(6) and (7), respectively; and
[[Page S9651]]
(B) by inserting after paragraph (4) the following:
``(5) Time-limited family reunification services.--
``(A) In general.--The term `time-limited family
reunification services' means the services and activities
described in subparagraph (B) that are provided to a child
that is removed from the child's home and placed in a foster
family home or a child care institution and to the parents or
primary caregiver of such a child, in order to facilitate the
reunification of the child safely and appropriately within a
timely fashion, but only during the 1-year period that begins
on the date that the child is removed from the child's home.
``(B) Services and activities described.--The services and
activities described in this subparagraph are the following:
``(i) Individual, group, and family counseling.
``(ii) Inpatient, residential, or outpatient substance
abuse treatment services.
``(iii) Mental health services.
``(iv) Assistance to address domestic violence.
``(v) Transportation to or from any of the services and
activities described in this subparagraph.''.
(3) Additional conforming amendments.--
(A) Purposes.--Section 430(a) of the Social Security Act
(42 U.S.C. 629(a)) is amended by striking ``and community-
based family support services'' and inserting ``, community-
based family support services, and time-limited family
reunification services''.
(B) Evaluations.--Subparagraphs (B) and (C) of section
435(a)(2) of the Social Security Act (42 U.S.C. 629d(a)(2))
are each amended by striking ``and family support'' each
place it appears and inserting ``, family support, and family
reunification''.
SEC. 308. INNOVATION GRANTS TO REDUCE BACKLOGS OF CHILDREN
AWAITING ADOPTION AND FOR OTHER PURPOSES.
Part E of title IV of the Social Security Act (42 U.S.C.
670 et seq.) is amended by inserting after section 477, the
following:
``SEC. 478. INNOVATION GRANTS.
``(a) Authority To Make Grants.--The Secretary may make
grants, in amounts determined by the Secretary, to States
with approved applications described in subsection (c), for
the purpose of carrying out the innovation projects described
in subsection (b).
``(b) Innovation Projects Described.--The innovation
projects described in this subsection are projects that are
designed to achieve 1 or more of the following goals:
``(1) Reducing a backlog of children in long-term foster
care or awaiting adoption placement.
``(2) Ensuring, not later than 1 year after a child enters
foster care, a permanent placement for the child.
``(3) Identifying and addressing barriers that result in
delays to permanent placements for children in foster care,
including inadequate representation of child welfare agencies
in termination of parental rights and adoption proceedings,
and other barriers to termination of parental rights.
``(4) Implementing or expanding community-based permanency
initiatives, particularly in communities where families
reflect the ethnic and racial diversity of children in the
State for whom foster and adoptive homes are needed.
``(5) Developing and implementing community-based child
protection activities that involve partnerships among State
and local governments, multiple child-serving agencies, the
schools, and community leaders in an attempt to keep children
free from abuse and neglect.
``(6) Establishing new partnerships with businesses and
religious organizations to promote safety and permanence for
children.
``(7) Assisting in the development and implementation of
the State guidelines described in section 471(a)(10).
``(8) Developing new staffing approaches to allow the
resources of several States to be used to conduct
recruitment, placement, adoption, and post-adoption services
on a regional basis.
``(9) Any other goal that the Secretary specifies by
regulation.
``(c) Application.--An application for a grant under this
section may be submitted for fiscal year 1998 or 1999 and
shall contain--
``(1) a plan, in such form and manner as the Secretary may
prescribe, for an innovation project described in subsection
(b) that will be implemented by the State for a period of not
more than 5 consecutive fiscal years, beginning with fiscal
year 1998 or 1999, as applicable;
``(2) an assurance that no waivers from provisions in law,
as in effect at the time of the submission of the
application, are required to implement the innovation
project; and
``(3) such other information as the Secretary may require
by regulation.
``(d) Duration.--An innovation project approved under this
section shall be conducted for not more than 5 consecutive
fiscal years, except that the Secretary may terminate a
project before the end of the period originally approved if
the Secretary determines that the State conducting the
project is not in compliance with the terms of the plan and
application approved by the Secretary under this section.
``(e) Matching Requirement.--A State shall not receive a
grant under this section unless, for each year for which a
grant is awarded, the State agrees to match the grant with $1
for every $3 received.
``(f) Nonsupplanting.--Any funds received by a State under
a grant made under this section shall supplement but not
replace any other funds that may be available for the same
purpose in the localities involved.
``(g) Evaluations and Reports.--
``(1) State evaluations.--Each State administering an
innovation project under this section shall--
``(A) provide for ongoing and retrospective evaluation of
the project, meeting such conditions and standards as the
Secretary may require; and
``(B) submit to the Secretary such reports, at such times,
in such format, and containing such information as the
Secretary may require.
``(2) Reports to congress.--The Secretary shall, on the
basis of reports received from States administering projects
under this section, submit interim reports, and, not later
than 6 months after the conclusion of all projects
administered under this section, a final report to Congress.
A report submitted under this subparagraph shall contain an
assessment of the effectiveness of the State projects
administered under this section and any recommendations for
legislative action that the Secretary considers appropriate.
``(h) Regulations.--Not later than 60 days after the date
of enactment of this section, the Secretary shall promulgate
final regulations for implementing this section.
``(i) Authorization of Appropriations.--There is authorized
to be appropriated to make grants under this section not more
than $50,000,000 for each of fiscal years 1998 through
2003.''.
TITLE IV--MISCELLANEOUS
SEC. 401. PRESERVATION OF REASONABLE PARENTING.
Nothing in this Act is intended to disrupt the family
unnecessarily or to intrude inappropriately into family life,
to prohibit the use of reasonable methods of parental
discipline, or to prescribe a particular method of parenting.
SEC. 402. REPORTING REQUIREMENTS.
Any information required to be reported under this Act
shall be supplied to the Secretary of Health and Human
Services through data meeting the requirements of the
Adoption and Foster Care Analysis and Reporting System
established pursuant to section 479 of the Social Security
Act (42 U.S.C. 679), to the extent such data is available
under that system. The Secretary shall make such
modifications to regulations issued under section 479 of such
Act with respect to the Adoption and Foster Care Analysis and
Reporting System as may be necessary to allow States to
obtain data that meets the requirements of such system in
order to satisfy the reporting requirements of this Act.
SEC. 403. REPORT ON FIDUCIARY OBLIGATIONS OF STATE AGENCIES
RECEIVING SSI PAYMENTS.
Not later than 12 months after the date of enactment of
this Act, the Commissioner of Social Security shall submit a
report to the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate
concerning State or local child welfare service agencies that
act as representative payees on behalf of children under the
care of such agencies for purposes of receiving supplemental
security income payments under title XVI of the Social
Security Act (42 U.S.C. 1381 et seq.) (including
supplementary payments pursuant to an agreement for Federal
administration under section 1616(a) of the Social Security
Act and payments pursuant to an agreement entered into under
section 212(b) of Public Law 93-66) for the benefit of such
children. Such report shall include an examination of the
extent to which such agencies--
(1) have complied with the fiduciary responsibilities
attendant to acting as a representative payee under title XVI
of such Act; and
(2) have received supplemental security income payments on
behalf of children that the agencies cannot identify or
locate, and if so, the disposition of such payments.
SEC. 404. ALLOCATION OF ADMINISTRATIVE COSTS OF DETERMINING
ELIGIBILITY FOR MEDICAID AND TANF.
(a) Medicaid.--Section 1903 of the Social Security Act (42
U.S.C. 1396b) is amended--
(1) in subsection (a)(7), by striking ``section
1919(g)(3)(B)'' and inserting ``subsection (x) and section
1919(g)(3)(C)''; and
(2) by adding at the end the following:
``(x)(1) Notwithstanding any other provision of law, for
purposes of determining the amount to be paid to a State
under subsection (a)(7) for quarters in any fiscal year,
beginning with fiscal year 1997, amounts expended for the
proper and efficient administration of the State plan under
this title (including under any waiver of such plan) shall
not include common costs related to determining the
eligibility under such State plan (or waiver) of individuals
in a household applying for or receiving benefits under the
State program under part A of title IV unless the State
elects the option described in paragraph (2).
``(2) A State that meets the requirements of paragraph (3)
may elect to allocate equally between the State program under
part A of title IV and the State plan under this title
(including any waiver of such plan) the administrative costs
associated with such programs that are incurred in serving
households and individuals eligible or applying for benefits
under the State program under part A of title IV and under
the State plan (or under a waiver of such plan) under this
title.
[[Page S9652]]
``(3) A State meets the requirements of this paragraph if
the Secretary determines that--
``(A) the State conforms the eligibility rules and
procedures of, and integrates the administration of the
eligibility procedures of, the State program funded under
part A of title IV and the State plan under this title
(including any waiver of such plan); and
``(B) the State uses the same application form for
assistance described in section 1931(e).''.
(b) TANF.--
(1) In general.--Section 408(a) of the Social Security Act
(42 U.S.C. 608(a)) is amended by adding at the end the
following:
``(12) Designation of grants under this part in allocating
administrative costs.--Subject to section 1903(x), a State to
which a grant is made under section 403 shall designate the
program funded under this part as the primary program for the
purpose of allocating common administrative costs incurred in
serving households eligible or applying for benefits under
such program and any other Federal means-tested public
benefit program administered by the State.''.
(2) Effective date.--The amendment made by paragraph (1) to
section 408 of the Social Security Act (42 U.S.C. 608) shall
take effect as if included in the enactment of section 103(a)
of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (Public Law 104-193; 110 Stat.
2112).
TITLE V--EFFECTIVE DATE
SEC. 501. EFFECTIVE DATE.
(a) In General.--Except as otherwise provided in this Act,
the amendments made by this Act shall take effect on October
1, 1997.
(b) Delay Permitted if State Legislation Required.--In the
case of a State plan under part B or E of title IV of the
Social Security Act which the Secretary of Health and Human
Services determines requires State legislation (other than
legislation appropriating funds) in order for the plan to
meet the additional requirements imposed by the amendments
made by this Act, the State plan shall not be regarded as
failing to comply with the requirements of such part solely
on the basis of the failure of the plan to meet such
additional requirements before the first day of the first
calendar quarter beginning after the close of the first
regular session of the State legislature that begins after
the date of the enactment of this Act. For purposes of the
previous sentence, in the case of a State that has a 2-year
legislative session, each year of such session shall be
deemed to be a separate regular session of the State
legislature.
Mr. CRAIG. Mr. President, I am pleased to join my distinguished
colleagues in introducing PASS, the Promotion of Adoption, Safety and
Support for Abused and Neglected Children Act.
Foster care was never intended to be anything more than a temporary
refuge for children from troubled families. Yet all too often,
``temporary'' becomes ``permanent,'' and decisions made for children in
the system are driven by considerations other than the child's own
well-being. Tragically, it's the children who ultimately pay for the
flaws in the system--sometimes with their very lives.
The problem does not lie with the vast majority of foster parents,
relatives, and caseworkers who work valiantly to provide the care
needed by these children. Rather, the problem is the system itself, and
incentives built into it, that frustrate the goal of moving children to
permanent, safe, loving homes.
PASS will fundamentally shift the foster care paradigm, without
destroying what is good and necessary in the system. For the first
time, a child's health and safety will have to be the paramount
concerns in any decisions made by the State. for the first time,
efforts to find an adoptive or other permanent home will not only be
required but documented and rewarded. For the first time, steps will
have to be taken to free a child for adoption or other permanent
placement if the child has been languishing in foster care for a year
or more.
These are only some of the many critical reforms in Pass, designed to
promote adoption, ensure the safety of abused and neglected children,
accelerate permanent placement, and fix flaws in the system. The
package, taken as a whole, will make an enormous difference in the
lives of thousands of children.
This comprehensive bill is the product of extensive discussion and
negotiation among Senators representing a veritable universe of
viewpoints on adoption and foster care reform. Although we may have
come to the table from different perspectives, we agreed on a
fundamental principle: that reforms are needed to ensure that a child's
health, safety and permanency are paramount concerns of the foster care
system. In the end, on behalf of the children, we came together and
resolved our differences. PASS is the result, and I commend it to all
our colleagues.
Change is needed now; every day of delay is an eternity to a child
unfairly bearing the burdens of the current system. I hope every
Senator will take a careful look at PASS, and work with us to achieve
true reforms in this area.
Mr. ROCKEFELLER. Mr. President, abused and neglected children are
among the most vulnerable and poorly protected members of American
society. Too many of these children are left to wander aimlessly
through the foster care system--a system which, from the outset, was
never designed or intended to be a permanent home. We can no longer
continue to sentence these foster children to endless waits--a legal
limbo in which they no longer feel welcome in their biological families
but are unable to be adopted into new and loving homes. Despite the
thousands of dedicated foster parents and child welfare workers who
strive daily to effectively address the many needs of abused and
neglected children in an overloaded system, we know that nothing can
replace a permanent and loving home made by adults who can be counted
on without condition or limitation.
Acknowledging our collective obligation to allow no child to fall
between the cracks, I am proud to join together with Senator John
Chafee and my other colleagues in a truly extraordinary bipartisan
effort to introduce the Promotion of Adoption Safety and Support for
Abused and Neglected Children Act [PASS]. Under Senator Chafee's
committed leadership on children's issues, this bipartisan group has
worked extremely hard to forge an effective compromise--a compromise
which offers concrete, practical strategies to provide permanency in
lives of foster children and to ensure that health and safety are built
into every level of America's abuse and neglect system. Central to this
entire effort was also Senator Larry Craig, who brought focus and
determination to the sometimes difficult bipartisan negotiations. I
would like to take this opportunity to extend my most sincere thanks to
my other colleagues, Senators Jeffords, DeWine, Coats, Bond, Landrieu,
and Levin for making possible this outstanding example of bipartisan
teamwork.
The Promotion of Adoption Safety and Support for Abused and Neglected
Children Act will fundamentally shift the focus of the foster care
system by insisting that a child's health, safety, and opportunity to
find a permanent home should be the paramount concern when a State
makes any decision concerning the well-being of abused and neglected
children. As a comprehensive package based on bipartisan consensus,
PASS will accelerate and improve the response to these concerns,
promote safe adoptions, and restore safety and permanency to the lives
of abused and neglected children.
The main objective of this bill is to move abused and neglected
children into adoptive or other permanent homes and to do so more
quickly and more safely than ever before. Right now, many foster care
children are forced to wait years before being adopted--even in cases
where loving families are ready and willing to adopt them. Some
children lose their chance for adoption altogether. While PASS
preserves the requirement to reunify families where appropriate, it
does not require States to use reasonable efforts to reunify families
that have been irreparably broken by abandonment, torture, physical
abuse, sexual abuse, murder, manslaughter, and sexual assault. The PASS
Act maintains the delicate balance in protecting the rights of parents
and families while placing primary focus where it should be: on the
health and safety of child.
PASS encourages adoptions by rewarding States financial incentives
for facilitating adoption for all foster children--especially those
with special needs which, sadly, make them more difficult to place. For
those situations where children cannot go home again, PASS requires
States to use reasonable efforts to place them into safe adoptive homes
or into the permanent care of loving relatives. In addition, PASS cuts
by one-third the time that an abused and neglected child must wait in
order to be placed in such adoptive homes. In response to a candid and
focused look at today's foster care crisis,
[[Page S9653]]
the bill also seeks to rescue children from the legal limbo of the
current system by requiring States to take the necessary legal steps to
free for adoption those children who have been forced to linger in the
system for a year or more. PASS also prevents further abuse of children
in the foster care system by requiring criminal records checks for all
foster and adoptive parents. PASS is about helping the individual child
but, equally as importantly, fixing the system.
It is always the right time to focus on the needs of children--
especially those unfortunate enough to find themselves in the sometimes
dysfunctional labyrinth of the abuse and neglect system. Unfortunately,
however, reform has never been more necessary. President Clinton's
``Adoption 2002 Report'' found that there are currently half a million
children in temporary foster care placements. One hundred thousand of
those children should be adopted, but less than half of that number are
legally eligible to become part of an adoptive family. In my home State
of West Virginia alone, referrals to Child Protective Services are
expected to rise to an all-time high of 17,000 this year. Foster care
placements have jumped from 2,900 children in January 1996 to 3,113
children in January 1997. These staggering figures reveal a foster care
crisis of unprecedented proportions.
PASS is the first step in a vital, ongoing effort to put children at
the very top of our national agenda. It is time that we provide all
children with their most profound wish: to live in a safe and loving
home with caretakers who treat them with respect and dignity. If we are
unable to address this most fundamental need, these children will not
be able to grow, learn, and provide a secure place for their own
families. It is unthinkable to deny abused and neglected children such
vital opportunities.
Mr. BOND. Mr. President, there may not be many things in life on
which there is a consensus but I think we all can agree on the vital
importance of ensuring the safety of abused and neglected children and
moving them out of the foster care system more rapidly and into
permanent homes. I am proud to join with my colleagues in this
bipartisan effort to develop the new, consensus legislation called the
Promotion of Adoption, Safety, and Support for Abused and Neglected
Children [PASS] Act.
The reality is that all too often children simply languish in the
foster care system. Nationwide, there are more than 500,000 children in
foster care. In Missouri, there are 10,361 children in the foster care
system. Since 1975, the number of reported incidents of abuse and
neglect has increased from less than 10,000 to 52,964 in 1995, an all-
time high and frightening statistic.
Federal law has hindered State child welfare agencies from moving
more quickly to place children who are in foster care because of abuse
and neglect into permanent homes.
The PASS Act will provide incentives to increase adoptions and reduce
by one third the amount of time a child lingers in foster care waiting
for a permanency plan, with a review required every six months so that
foster care is truly viewed as a temporary care system for our most
vulnerable children.
The bill clarifies ``reasonable efforts'' and establishes a federal
standard so that the health and safety of the child is the primary
concern, above family reunification interest. There are some parents
for whom reunification with their children is not reasonable--certainly
sustained abuse or neglect or danger of physical harm would fit that
category. In those cases, we need to move swiftly to get the children
out of harm's way and then quickly to get them into permanent homes.
Just count the number of cases of child abuse and neglect that has
been reported over the past few months. One too many! A little, five-
year old Kansas City girl named Angel Hart was beaten and drowned to
death by her mother's boyfriend because she could not recite the
alphabet.
Under the PASS Act, States are encouraged to enact laws that would
make it easier to terminate parental rights in abusive cases and
prevent abused and neglected children from returning to homes in which
their health and safety are at risk. In addition, this legislation
promotes adoption of all special needs children and ensures health
coverage for special needs children who are adopted.
I am very optimistic that Congress will move this bill forward this
year. There are far too many innocent lives at stake and no child
should be denied a loving home. Unfortunately, for thousands of kids
now caught in permanent limbo in the foster care system, that is
exactly what is happening. The PASS Act will improve child safety and
permanency, enabling some children to return home safely and others to
move to adoptive families more quickly.
______
By Mr. McCAIN (for himself, Mr. Gorton, Mr. Hollings, and Mr.
Ford):
S. 1196. A bill to amend title 49, United States Code, to require the
National Transportation Safety Board and individual foreign air
carriers to address the needs of families of passengers involved in
aircraft accidents involving foreign air carriers; to the Committee on
Commerce, Science, and Transportation.
THE FOREIGN AIR CARRIER FAMILY SUPPORT ACT
Mr. McCAIN. Mr. President, I am pleased to join with my colleagues,
Senator Gorton, Senator Hollings and Senator Ford, to introduce the
Foreign Air Carrier Family Support Act. This bill would require foreign
air carriers to implement disaster family assistance plans should an
accident involving their carriers occur on American soil. I would like
to recognize my colleagues in the House, especially Representative
Underwood from Guam, who introduced the companion bill in the House of
Representatives earlier this week.
The legislation, if enacted, would build on the family assistance
provisions that we enacted last year as part of the Federal Aviation
Reauthorization Act of 1996. Let me be clear about one point. Domestic
air carriers are already operating under the same legislative
requirements set out in the legislation before us today.
The need for extending the requirements to foreign air carriers came
into a clear focus with the tragic crash of Korean Air Flight 801 in
Guam. I do not intend to single out Korean Air for blame. An accident
of this magnitude, involving the loss of more than 200 lives, in rough
and isolated terrain, is bound to create mass confusion and hysteria.
Even so, coverage of the accident made us all acutely aware of the
criticisms made by the family members, and the pain they suffered in
relation to the search and rescue efforts, as well as the media
involvement following the accident.
The U.S. civil, military and Federal personnel at the scene should be
commended for their contributions toward the search and rescue efforts.
I also praise their attempts to console and assist family members on
Guam, as well as those who traveled to the accident site from South
Korea and the continental United States. Without a doubt, though, their
efforts would have been more productive had there been a prearranged
plan in effect. Greater coordination would have made things easier not
only for the victims' family members, but also for the National
Transportation Safety Board [NTSB] officials and military personnel who
were on-site and who had to respond immediately in an emotional and
potentially hazardous situation.
The Foreign Air Carrier Family Support Act would require a foreign
air carrier to provide the Secretary of Transportation and the Chairman
of the NTSB with a plan for addressing the needs of the families of
passengers involved in an aircraft accident that involves an aircraft
under the control of that foreign air carrier, and that involves a
significant loss of life. The Secretary of Transportation could not
grant permission for the foreign air carrier to operate in the United
States unless the Secretary had received a sufficient family assistance
plan.
The family assistance plan required of the foreign air carrier would
include a reliable, staffed toll-free number for the passengers'
families, and a process for expedient family notification prior to
public notice of the passengers' identities. An NTSB employee would
serve as director of family support services, with the assistance of an
independent nonprofit organization with experience in disasters and
post-trauma communication with families. The foreign air
[[Page S9654]]
carrier would provide these family liaisons with updated passenger
lists following the crash. The legislation would require that the
carrier consult and coordinate with the families on the disposition of
remains and personal effects.
This is important legislation. It is critical, given the increasing
global nature of aviation. As we work to promote and implement open
skies agreements with foreign countries, these countries' carriers will
have increasing freedom to operate in the United States and its
territories.
I plan to bring this legislation before the Commerce Committee for
markup as early as next week. Unfortunate but true, we have already
seen the positive effects of the congressionally mandated family
assistance provisions, as they relate to domestic air carriers. I urge
my colleagues to support extending these assistance provisions to
foreign carriers operating in the United States.
Mr. GORTON. Mr. President, I rise to join my distinguished
colleagues, Senator McCain, Senator Hollings, and Senator Ford to
introduce the Foreign Air Carrier Family Support Act. This act will
provide assistance to the families of aviation accident victims who
were flying on foreign airlines operating in the United States,
assistance that is now provided in the event of the crash of a domestic
airline. I would also take this opportunity to recognize Representative
Underwood of Guam who recently introduced the companion bill in the
House with Representative Duncan and Representative Lipinski.
The recent tragic crash of Korean Air Flight 801 in Guam, which took
the lives of more than 200 people, clearly shows the need for this
legislation. As we all know, the news of an air disaster spreads
quickly around the world, with pictures and reports about the crash.
The media is often at the sight of crash as soon as, if not before, the
rescue teams.
You can imagine how devastating it was for the family members of
those flying on Flight 801, as it would be for any family members, to
receive media reports about a crash just after it happened. Anyone in
such a situation wants to know as quickly as possible what has happened
to their loved ones. That is why the Congress passed the Aviation
Disaster Family Assistance Act of 1996, which obligates domestic air
carriers to have disaster support plans in place. It is why we now need
to extend this type of plan to foreign air carriers in the event that
they have an accident on American soil.
Despite the best efforts of rescue personnel and National
Transportation Safety Board personnel, it is clear that family members
would have been better served if an accident plan had been in effect
following the crash of flight 801. Coverage of the accident made us
aware that family members suffered a great deal of pain in relation to
the search and rescue efforts. We have, sadly enough, already seen the
positive effects of family assistance plans for the accidents of
domestic air carriers.
Simply stated, the bill would require that following an accident
resulting in a significant loss of life, the foreign airline would have
a plan in place to publicize a toll-free number, have staff available
to take calls, have an up-to-date list of passengers, and have a
process to notify families--in person if possible--before any public
notification that a family member was onboard the crashed aircraft. A
National Transportation Safety Board employee would serve as the
director of family support services, with the assistance of an
independent nonprofit organization with experience in disasters and
post-trauma communication with families. The legislation also requires
the Secretary of Transportation to refuse a foreign air carrier a
permit to operate in the U.S. if the carrier does not have a plan in
place.
As Senator McCain indicated, he plans to bring this legislation
before the Commerce Committee for markup as early as next week. I will
work with Senator McCain to see that we move this legislation as
expeditiously as possible.
I hope that it will never be necessary for the plans required under
this legislation to be used. However, should a foreign air carrier have
an accident in the United States, we should extend to the family
members of victims the consideration and compassion that this
legislation provides. I would urge my colleagues to join me in
supporting this bill.
Mr. HOLLINGS. Mr. President, I rise to join my colleagues, Senators
McCain, Gorton, and Ford in introducing the Foreign Air Carrier Family
Support Act, which will assign to foreign air carriers the statutory
duty to provide support to the families of victims of aircraft
accidents.
Last month, 228 people died in the crash of Korean Air flight 801 in
Guam. The United States, as a policy matter, has decided that our air
carriers must be prepared to work with the families of victims. In
fact, we require our carriers to file plans covering items like toll-
free phone lines, notification of families of the accident,
consultation on the disposition of the remains, and the return of
family possessions.
These changes came about following the crash of TWA flight 800 last
July. It was clear, following the crash, that the families of the
victims needed assistance, and in a coordinated way. The National
Transportation Safety Board representatives worked night and day to let
the families know what was going on, but the carriers, too, have a
responsibility and those responsibilities, for U.S. carriers, were
statutorily imposed. The bill today will make sure that foreign
carriers like Korean Air will have similar responsibilities for crashes
that occur in the United States.
I urge my colleagues to support the bill.
Mr. FORD. Mr. President, I want to join my colleagues in sponsoring
the Foreign Air Carrier Family Support Act. The bill, which I hope will
be considered shortly by the Commerce Committee, is intended to close a
loophole in law. Last year, we passed legislation requiring U.S. air
carriers to file plans with the Secretary and NTSB outlining how they
would address the needs of the families of victims of aviation
disasters. The bill today will require foreign airlines that serve the
United States. In light of the tragic crash in Guam, this bill will
make sure that carriers like Korean Air are prepared to deal with the
families of victims when a crash occurs on U.S. soil.
The bill is supported by the administration and I hope that we can
pass it quickly.
______
By Mrs. FEINSTEIN:
S. 1197. A bill to reform the financing of Federal elections; to the
Committee on Rules and Administration.
THE CAMPAIGN FINANCE REFORM ACT OF 1997
Mrs. FEINSTEIN. Mr. President, I rise today to introduce legislation
on campaign spending reform.
I recognize that this is not the first bill introduced in Congress on
this issue. In fact, at last count, there were 85 bills introduced in
either the House or the Senate on campaign finance reform--17 of them
in the Senate alone.
Frankly, I would be quite satisfied if the bill I am introducing
today was tabled in favor of a floor vote on the McCain-Feingold bill,
of which I am a cosponsor.
Last week, all 45 Democrats in the Senate pledged to vote for McCain-
Feingold if given the opportunity. Combined with the three Republican
cosponsors of the bill, this legislation needs only three more votes
for passage. Surely there are three more Republicans who will support
this bill.
But we are not there yet, and I believe strongly that action must be
taken on this subject now. Today. This Congress. This session.
This Congress has spent $10 million in taxpayer funds
investigating wrongdoing in the last election cycle.
Eighty-four Members of this Congress have called for special
prosecutors.
We've spent 6 months in public hearings decrying how bad the
system is, how bad soft money is, and how badly we need reform.
There is nothing to hide behind if this Congress does not act on
reform.
I do not believe Members of this body can or should be able to take a
pass on reform based on disagreements with McCain-Feingold, or based on
an all-or-nothing attitude. Therefore, I offer my legislation as a bill
that contains the common denominators--the basic elements--of reform
that many of us profess to agree on.
Let me state clearly; I am a cosponsor of McCain-Feingold and will
vote
[[Page S9655]]
for McCain-Feingold if it comes to the floor for approval, as I believe
it should.
My legislation is an alternative, focussed on what I, and what most
of my colleagues, have said are the most pressing areas in need of
reform: the elimination of soft money, greater disclosure on
contributions, and regulation of dollars now unregulated.
The cornerstone of any campaign reform bill must address the issue of
soft money. After all the charges and disclosures about the abuse of
soft money in federal campaigns, we would be hard-pressed to explain to
the public why we did not take action at least on this issue.
However, just banning soft money--for which there appears to be
sufficient support in both Houses--cannot be our only action. A simple
ban on soft money will force the shifting of these dollars into
unregulated independent expenditure campaigns where huge amounts of
anonymous money is used to influence campaigns and--most commonly--to
attack candidates.
Between $135 and $150 million was spent on so-called issue ads in
1996--about 35 percent of the $400 million spent on all campaign
advertising in 1996, according to a new study released yesterday by the
Annenberg Center at the University of Pennsylvania. The study--the most
comprehensive on this issue to date--showed that, compared with other
forms of political advertising and coverage, the content of issue ads
were the highest in ``pure attack.''
To this end, I have prepared this small package of measures--many of
which appear in other bills--which, taken together, is a step on the
road to spending reform, and would be a solid step forward in the
battle to decrease the flood of unregulated money in campaigns.
Specifically, this bill would:
Ban soft money to national parties. During the last election, both
parties spent a combined total of over $270 million in soft money.
Democrats spent $122 million and Republicans spent almost $150 million.
Over the first 6 months of this year, both parties have raised $34
million in soft money, with Republicans out-pacing Democrats $23 to $11
million.
Change the definition of ``express advocacy'' to include any
communication that uses a candidate's name or picture within 60 days of
an election as ``express advocacy''. Only ``hard'' dollars--limited in
amount and fully disclosed--could be used to fund independent campaigns
of a candidate's name or image is used in express advocacy for or
against a candidate.
Change the personal contribution limit from $1,000 per election to
$2,000 per election and index those contribution limits for inflation
in the future. The $1,000 per election limits have not been changed
since 1974. That was 23 years ago and, as every candidate knows, the
cost of printing postage and buying media has more than quadrupled in
that time.
Increase the disclosure requirements so that any group or individual
spending more than $10,000 up to 20 days prior to an election would
have to report that to the FEC within 48 hours. This threshold drops to
$1,000 within 20 days of an election.
Implement a policy whereby if a person is not eligible to vote in
U.S. elections, he or she would not be permitted to contribute to
candidates or parties.
Lower the threshold for reporting contributions to candidates from
$200 to $50. This increases disclosure.
Allow the FEC to seek an injunction in U.S. District Court if it has
evidence that a violation of campaign laws is about to occur.
Permit the FEC to refer matters to the Attorney General for
prosecution if any significant evidence of criminal wrongdoing exists.
I believe a bill containing these elements is doable this year and I
offer it as a package for the consideration of this body.
In closing, it is my sincere hope we will move to enact meaningful
campaign finance reform this year. If we can't act now, after all that
has been said and done this year, I'm afraid we never will. The
American people deserve more than lip service on campaign reform.
I implore the majority leader to bring the McCain-Feingold bill to
the floor and allow us to debate it, amend it, and vote on it. If we
can't agree on the McCain-Feingold bill, then let us vote on an
alternative such as mine. Either way, let us have at it.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 1197
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 ``Bipartisan
Campaign Reform Act of 1997''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I--BAN ON SOFT MONEY OF POLITICAL PARTY COMMITTEES
Sec. 101. Soft money of political party committees.
Sec. 102. State party grassroots funds.
Sec. 103. Reporting requirements.
TITLE II--INDEPENDENT EXPENDITURES; SOFT MONEY
Sec. 201. Express advocacy.
Sec. 202. Reporting requirements for certain independent expenditures.
Sec. 203. Soft money of persons other than political parties.
TITLE III--ENFORCEMENT
Sec. 301. Filing of reports using computers and facsimile machines.
Sec. 302. Audits.
Sec. 303. Authority to seek injunction.
Sec. 304. Reporting requirements for contributions of $50 or more.
Sec. 305. Increase in penalty for knowing and willful violations.
Sec. 306. Prohibition of contributions by individuals not qualified to
register to vote.
Sec. 307. Use of candidates' names.
Sec. 308. Prohibition of false representation to solicit contributions.
Sec. 309. Expedited procedures.
Sec. 310. Reference of suspected violation to the attorney general.
TITLE IV--MISCELLANEOUS
Sec. 401. Contribution limits; indexing.
Sec. 402. Use of contributed amounts for certain purposes.
Sec. 403. Campaign advertising.
Sec. 404. Limit on congressional use of the franking privilege.
TITLE V--CONSTITUTIONALITY; EFFECTIVE DATE; REGULATIONS
Sec. 501. Severability.
Sec. 502. Review of constitutional issues.
Sec. 503. Effective date.
Sec. 504. Regulations.
TITLE I--BAN ON SOFT MONEY OF POLITICAL PARTY COMMITTEES
SEC. 101. SOFT MONEY OF POLITICAL PARTY COMMITTEES.
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. 324. SOFT MONEY OF PARTY COMMITTEES.
``(a) National Committees.--
``(1) All contributions, donations, transfers, and spending
to be subject to this act.--A national 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 a national committee or its agent, an entity
acting on behalf of a national committee, and an officer or
agent acting on behalf of any such committee or entity (but
not including an entity regulated under subsection (b)) shall
not solicit or receive any contributions, donations, or
transfers of funds, or spend any funds, that are not subject
to the limitations, prohibitions, and reporting requirements
of this Act.
``(2) Donation limit.--In addition to the amount of
contributions that a person may make to a national committee
of a political party under section 315, a person may make
donations of anything of value to a national 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 a national committee or its agent, an entity
acting on behalf of a national committee, and an officer or
agent acting on behalf of any such committee or entity (but
not including an entity regulated under subsection (b)) in an
aggregate amount not exceeding $25,000 during the 24 months
preceding the date of a general election for Federal office.
``(b) State, District, and Local Committees.--
``(1) In general.--Any 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 any such committee or
entity) during a calendar year in which a Federal election is
held, for any activity that might affect the outcome of a
Federal election, including any voter registration or get-
out-the-vote activity, any generic campaign activity, and any
communication that refers to a candidate (regardless of
whether a candidate for State or local office is also
mentioned or identified) shall be made from funds subject to
the limitations, prohibitions, and reporting requirements of
this Act.
[[Page S9656]]
``(2) Activity excluded from paragraph (1).--
``(A) In general.--Paragraph (1) shall not apply to an
expenditure or disbursement made by a State, district, or
local committee of a political party for--
``(i) a contribution to a candidate for State or local
office if the contribution is not designated or otherwise
earmarked to pay for an activity described in paragraph (1);
``(ii) the costs of a State, district, or local political
convention;
``(iii) 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 any
individual who spends more than 20 percent of the
individual's time on activity during the month that may
affect the outcome of a Federal election) except that for
purposes of this paragraph, the non-Federal share of a party
committee's administrative and overhead expenses shall be
determined by applying the ratio of the non-Federal
disbursements to the total Federal expenditures and non-
Federal disbursements made by the committee during the
previous presidential election year to the committee's
administrative and overhead expenses in the election year in
question;
``(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; and
``(v) the cost of any campaign activity conducted solely on
behalf of a clearly identified candidate for State or local
office, if the candidate activity is not an activity
described in paragraph (1).
``(B) Fundraising costs.--Any amount spent by a national,
State, district, or local committee, by an entity that is
established, financed, maintained, or controlled by a 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
an activity described in paragraph (1) shall be made from
funds subject to the limitations, prohibitions, and reporting
requirements of this Act.
``(c) 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, an agent
acting on behalf of any such party committee, and an officer
or agent acting on behalf of any such party committee or
entity), shall not solicit any funds for or make any
donations to an organization that is exempt from Federal
taxation under section 501(c) of the Internal Revenue Code of
1986.
``(d) Candidates.--
``(1) In general.--A candidate, individual holding Federal
office, or agent of a candidate or individual holding Federal
office shall not--
``(A) solicit, receive, transfer, or spend funds in
connection with an election for Federal office unless the
funds are subject to the limitations, prohibitions, and
reporting requirements of this Act;
``(B) solicit, receive, or transfer funds that are to be
expended in connection with any election other than a Federal
election unless the funds--
``(i) are not in excess of the amounts permitted with
respect to contributions to candidates and political
committees under section 315(a) (1) and (2); and
``(ii) are not from sources prohibited by this Act from
making contributions with respect to an election for Federal
office; or
``(C) solicit, receive, or transfer any funds on behalf of
any person that are not subject to the limitations,
prohibitions, and reporting requirements of the Act if the
funds are for use in financing any campaign-related activity
or any communication that refers to a clearly identified
candidate for Federal office.
``(2) Exception.--Paragraph (1) does not apply to the
solicitation or receipt of funds by an individual who is a
candidate for a State or local office if the solicitation or
receipt of funds is permitted under State law for the
individual's State or local campaign committee.''.
SEC. 102. STATE PARTY GRASSROOTS FUNDS.
(a) Individual Contributions.--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) by redesignating subparagraph (C) as subparagraph (D);
and
(3) by inserting after subparagraph (B) the following:
``(C) to--
``(i) a State Party Grassroots Fund established and
maintained by a State committee of a political party in any
calendar year which, in the aggregate, exceed $20,000;
``(ii) any other political committee established and
maintained by a State committee of a political party in any
calendar year which, in the aggregate, exceed $5,000;
except that the aggregate contributions described in this
subparagraph that may be made by a person to the State Party
Grassroots Fund and all committees of a State Committee of a
political party in any State in any calendar year shall not
exceed $20,000; or''.
(b) Limits.--
(1) In general.--Section 315(a) of the Federal Election
Campaign Act of 1971 (2 U.S.C. 441a(a)) is amended by
striking paragraph (3) and inserting the following:
``(3) Overall limits.--
``(A) Individual limit.--No individual shall make
contributions during any calendar year that, in the
aggregate, exceed $30,000.
``(B) Calendar year.--No individual shall make
contributions during any calendar year--
``(i) to all candidates and their authorized political
committees that, in the aggregate, exceed $25,000; or
``(ii) to all political committees established and
maintained by State committees of a political party that, in
the aggregate, exceed $20,000.
``(C) Nonelection years.--For purposes of subparagraph
(B)(i), any contribution made to a candidate or the
candidate's authorized political committees in a year other
than the calendar year in which the election is held with
respect to which the contribution is made shall be treated as
being made during the calendar year in which the election is
held.''.
(c) Definitions.--Section 301 of the Federal Election
Campaign Act of 1970 (2 U.S.C. 431) is amended by adding at
the end the following:
``(20) Generic campaign activity.--The term `generic
campaign activity' means a campaign activity that promotes a
political party and does not refer to any particular Federal
or non-Federal candidate.
``(21) State Party Grassroots Fund.--The term `State Party
Grassroots Fund' means a separate segregated fund established
and maintained by a State committee of a political party
solely for purposes of making expenditures and other
disbursements described in section 325(d).''.
(d) State Party Grassroots Funds.--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. 325. STATE PARTY GRASSROOTS FUNDS.
``(a) Definition.--In this section, the term `State or
local candidate committee' means a committee established,
financed, maintained, or controlled by a candidate for other
than Federal office.
``(b) Transfers.--Notwithstanding section 315(a)(4), no
funds may be transferred by a State committee of a political
party from its State Party Grassroots Fund to any other State
Party Grassroots Fund or to any other political committee,
except a transfer may be made to a district or local
committee of the same political party in the same State if
the district or local committee--
``(1) has established a separate segregated fund for the
purposes described in subsection (d); and
``(2) uses the transferred funds solely for those purposes.
``(c) Amounts Received by Grassroots Funds From State and
Local Candidate Committees.--
``(1) In general.--Any amount received by a State Party
Grassroots Fund from a State or local candidate committee for
expenditures described in subsection (d) that are for the
benefit of that candidate shall be treated as meeting the
requirements of 324(b)(1) and section 304(e) if--
``(A) the amount is derived from funds which meet the
requirements of this Act with respect to any limitation or
prohibition as to source or dollar amount specified in
section 315(a) (1)(A) and (2)(A)(i); and
``(B) the State or local candidate committee--
``(i) maintains, in the account from which payment is made,
records of the sources and amounts of funds for purposes of
determining whether those requirements are met; and
``(ii) certifies that the requirements were met.
``(2) Determination of compliance.--For purposes of
paragraph (1)(A), in determining whether the funds
transferred meet the requirements of this Act described in
paragraph (1)(A)--
``(A) a State or local candidate committee's cash on hand
shall be treated as consisting of the funds most recently
received by the committee; and
``(B) the committee must be able to demonstrate that its
cash on hand contains funds meeting those requirements
sufficient to cover the transferred funds.
``(3) Reporting.--Notwithstanding paragraph (1), any State
Party Grassroots Fund that receives a transfer described in
paragraph (1) from a State or local candidate committee shall
be required to meet the reporting requirements of this Act,
and shall submit to the Commission all certifications
received, with respect to receipt of the transfer from the
candidate committee.
``(d) Disbursements and Expenditures.--A State committee of
a political party may make disbursements and expenditures
from its State Party Grassroots Fund only for--
``(1) any generic campaign activity;
``(2) payments described in clauses (v), (x), and (xii) of
paragraph (8)(B) and clauses (iv), (viii), and (ix) of
paragraph (9)(B) of section 301;
``(3) subject to the limitations of section 315(d),
payments described in clause (xii) of paragraph (8)(B), and
clause (ix) of paragraph (9)(B), of section 301 on behalf of
candidates other than for President and Vice President;
``(4) voter registration; and
``(5) development and maintenance of voter files during an
even-numbered calendar year.''.
[[Page S9657]]
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 202) is amended by adding at the end the following:
``(e) Political Committees.--
``(1) National and congressional political committees.--The
national committee of a political party, any congressional
campaign committee of a political party, and any subordinate
committee of either, shall report all receipts and
disbursements during the reporting period, whether or not in
connection with an election for Federal office.
``(2) Other political committees to which section 324
applies.--A political committee (not described in paragraph
(1)) to which section 324(b)(1) applies shall report all
receipts and disbursements made for activities described in
section 324(b) (1) and (2)(iii).
``(3) Other political committees.--Any political committee
to which paragraph (1) or (2) does not apply shall report any
receipts or disbursements that are used in connection with a
Federal election.
``(4) 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).
``(5) 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) of the Federal Election
Campaign Act of 1971 (2 U.S.C. 431(8)) is amended--
(1) by striking clause (viii); and
(2) by redesignating clauses (ix) through (xiv) as clauses
(viii) through (xiii), respectively.
(c) Reports by State Committees.--Section 304 of the
Federal Election Campaign Act of 1971 (2 U.S.C. 434) (as
amended by subsection (a)) is amended by adding at the end
the following:
``(f) Filing of State Reports.--In lieu of any report
required to be filed by this Act, the Commission may allow a
State committee of a political party to file with the
Commission a report required to be filed under State law if
the Commission determines such reports contain substantially
the same information.''.
(d) Other Reporting Requirements.--
(1) Authorized committees.--Section 304(b)(4) of the
Federal Election Campaign Act of 1971 (2 U.S.C. 434(b)(4)) is
amended--
(A) by striking ``and'' at the end of subparagraph (H);
(B) by inserting ``and'' at the end of subparagraph (I);
and
(C) by adding at the end the following new subparagraph:
``(J) in the case of an authorized committee, disbursements
for the primary election, the general election, and any other
election in which the candidate participates;''.
(2) Names and addresses.--Section 304(b)(5)(A) of the
Federal Election Campaign Act of 1971 (2 U.S.C. 434(b)(5)(A))
is amended by inserting ``, and the election to which the
operating expenditure relates'' after ``operating
expenditure''.
TITLE II--INDEPENDENT EXPENDITURES; SOFT MONEY
SEC. 201. EXPRESS ADVOCACY.
(a) 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) by striking ``and'' at the end of clause (i);
(2) by striking the period at the end of clause (ii) and
inserting a semicolon; and
(3) by adding at the end the following:
``(iii) any payment during an election year (or in a
nonelection year, during the period beginning on the date on
which a vacancy for Federal office occurs and ending on the
date of the special election for that office) for a
communication that is made through any broadcast medium,
newspaper, magazine, billboard, direct mail, or similar type
of general public communication or political advertising by a
national, State, district, or local committee of a political
party, including a congressional campaign committee of a
party, that refers to a clearly identified candidate; and
``(iv) any payment for a communication that contains
express advocacy.''.
(b) Definition of Independent Expenditure.--Section 301 of
the Federal Election Campaign Act of 1971 (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 that--
``(i) contains express advocacy; and
``(ii) is made without cooperation or consultation with any
candidate, or any authorized committee or agent of such
candidate, and which is not made in concert with, or at the
request or suggestion of, any candidate, or any authorized
committee or agent of such candidate.''.
(b) Definition of Express Advocacy.--Section 301 of the
Federal Election Campaign Act of 1971 (2 U.S.C. 431) (as
amended by section 102(c)) is amended by adding at the end
the following:
``(22) Express advocacy.--
``(A) In general.--The term `express advocacy' includes--
``(i) a communication that conveys a message that advocates
the election or defeat of a clearly identified candidate for
Federal office by using an expression such as `vote for,'
`elect,' `support,' `vote against,' `defeat,' `reject,'
`(name of candidate) for Congress', `vote pro-life,' or `vote
pro-choice', accompanied by a listing or picture of a clearly
identified candidate described as `pro-life' or `pro-choice,'
`reject the incumbent', or a similar expression;
``(ii) a communication that is made through a broadcast
medium, newspaper, magazine, billboard, direct mail, or
similar type of general public communication or political
advertising that involves aggregate disbursements of $10,000
or more, that refers to a clearly identified candidate, that
a reasonable person would understand as advocating the
election or defeat of the candidate, and that is made within
60 days before the date of a primary election (and is
targeted to the State in which the primary is occurring), or
60 days before a general election; or
``(iii) a communication that is made through a broadcast
medium, newspaper, magazine, billboard, direct mail, or
similar type of general public communication or political
advertising that involves aggregate disbursements of $10,000
or more, that refers to a clearly identified candidate, that
a reasonable person would understand as advocating the
election or defeat of a candidate, that is made before the
date that is 30 days before the date of a primary election,
or 60 days before the date of a general election, and that is
made for the purpose of advocating the election or defeat of
the candidate, as shown by 1 or more factors such as a
statement or action by the person making the communication,
the targeting or placement of the communication, or the use
by the person making the communication of polling,
demographic, or other similar data relating to the
candidate's campaign or election.
``(B) Exclusion.--The term `express advocacy' does not
include the publication or distribution of a communication
that is limited solely to providing information about the
voting record of elected officials on legislative matters and
that a reasonable person would not understand as advocating
the election or defeat of a particular candidate.''.
SEC. 202. REPORTING REQUIREMENTS FOR CERTAIN INDEPENDENT
EXPENDITURES.
Section 304(c) of the Federal Election Campaign Act of 1971
(2 U.S.C. 434(c)) is amended--
(1) in paragraph (2), by striking the undesignated matter
after subparagraph (C);
(2) by redesignating paragraph (3) as paragraph (7); and
(3) by inserting after paragraph (2), as amended by
paragraph (1), the following:
``(d) Time for Reporting Certain Expenditures.--
``(1) Expenditures aggregating $1,000.--
``(A) Initial report.--A person (including a political
committee) that makes or obligates to make independent
expenditures aggregating $1,000 or more after the 20th day,
but more than 24 hours, before 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 each time that independent expenditures aggregating an
additional $1,000 are made or obligated to be made 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 obligates to make independent
expenditures aggregating $10,000 or more at any time up to
and including the 20th day before an election shall file a
report describing the expenditures within 48 hours after that
amount of independent expenditures has been made or obligated
to be made.
``(B) Additional reports.--After a person files a report
under subparagraph (A), the person shall file an additional
report each time that independent expenditures aggregating an
additional $10,000 are made or obligated to be made 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. 203. SOFT MONEY OF PERSONS OTHER THAN POLITICAL PARTIES.
Section 304 of the Federal Election Campaign Act of 1971 (2
U.S.C. 434) (as amended by section 103(c)) is amended by
adding at the end the following:
``(g) Election Activity of Persons Other Than Political
Parties.--
``(1) In general.--A person other than a committee of a
political party that makes aggregate disbursements totaling
in excess of $10,000 for activities described in paragraph
(2) shall file a statement with the Commission--
``(A) within 48 hours after the disbursements are made; or
``(B) in the case of disbursements that are made within 20
days of an election, within 24 hours after the disbursements
are made.
``(2) Activity.--The activity described in this paragraph
is--
``(A) any activity described in section 316(b)(2)(A) that
refers to any candidate for Federal office, any political
party, or any Federal election; and
[[Page S9658]]
``(B) any activity described in subparagraph (B) or (C) of
section 316(b)(2).
``(3) Additional statements.--An additional statement shall
be filed each time additional disbursements aggregating
$10,000 are made by a person described in paragraph (1).
``(4) Applicability.--This subsection does not apply to--
``(A) a candidate or a candidate's authorized committees;
or
``(B) an independent expenditure.
``(5) Contents.--A statement under this section shall
contain such information about the disbursements as the
Commission shall prescribe, including--
``(A) the name and address of the person or entity to whom
the disbursement was made;
``(B) the amount and purpose of the disbursement; and
``(C) if applicable, whether the disbursement was in
support of, or in opposition to, a candidate or a political
party, and the name of the candidate or the political
party.''.
TITLE III--ENFORCEMENT
SEC. 301. FILING OF REPORTS USING COMPUTERS AND FACSIMILE
MACHINES.
Section 302(a) of the Federal Election Campaign Act of 1971
(2 U.S.C. 434(a)) is amended by striking paragraph (11) and
inserting at the end the following:
``(11) Filing Reports.--
``(A) Computer accessibility.--The Commission may prescribe
regulations under which persons required to file
designations, statements, and reports under this Act--
``(i) are required to maintain and file a designation,
statement, or report for any calendar year in electronic form
accessible by computers if the person has, or has reason to
expect to have, aggregate contributions or expenditures in
excess of a threshold amount determined by the Commission;
and
``(ii) may maintain and file a designation, statement, or
report in that manner if not required to do so under
regulations prescribed under clause (i).
``(B) Facsimile machine.--The Commission shall prescribe
regulations which allow persons to file designations,
statements, and reports required by this Act through the use
of facsimile machines.
``(C) Verification of signature.--In prescribing
regulations under this paragraph, the Commission shall
provide methods (other than requiring a signature on the
document being filed) for verifying designations, statements,
and reports covered by the regulations. Any document verified
under any of the methods shall be treated for all purposes
(including penalties for perjury) in the same manner as a
document verified by signature.''.
SEC. 302. AUDITS.
(a) Random Audits.--Section 311(b) of the Federal Election
Campaign Act of 1971 (2 U.S.C. 438(b)) is amended--
(1) by inserting ``(1)'' before ``The Commission''; and
(2) by adding at the end the following:
``(2) Random audits.--
``(A) In general.--Notwithstanding paragraph (1), the
Commission may conduct random audits and investigations to
ensure voluntary compliance with this Act.
``(B) Limitation.--The Commission shall not conduct an
audit or investigation of a candidate's authorized committee
under 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. 303. AUTHORITY TO SEEK INJUNCTION.
Section 309(a) of the Federal Election Campaign Act of 1971
(2 U.S.C. 437g(a)) is amended--
(1) by adding at the end the following:
``(13) Authority to seek injunction.--
``(A) In general.--If, at any time in a proceeding
described in paragraph (1), (2), (3), or (4), the Commission
believes that--
``(i) there is a substantial likelihood that a violation of
this Act is occurring or is about to occur;
``(ii) the failure to act expeditiously will result in
irreparable harm to a party affected by the potential
violation;
``(iii) expeditious action will not cause undue harm or
prejudice to the interests of others; and
``(iv) the public interest would be best served by the
issuance of an injunction;
the Commission may initiate a civil action for a temporary
restraining order or a preliminary injunction pending the
outcome of the proceedings described in paragraphs (1), (2),
(3), and (4).
``(B) Venue.--An action under subparagraph (A) shall be
brought in the United States district court for the district
in which the defendant resides, transacts business, or may be
found, or in which the violation is occurring, has occurred,
or is about to occur.'';
(2) in paragraph (7), by striking ``(5) or (6)'' and
inserting ``(5), (6), or (13)''; and
(3) in paragraph (11), by striking ``(6)'' and inserting
``(6) or (13)''.
SEC. 304. 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. 305. INCREASE IN PENALTY FOR KNOWING AND WILLFUL
VIOLATIONS.
Section 309(a)(5)(B) of the Federal Election Campaign Act
of 1971 (2 U.S.C. 437g(a)(5)(B)) is amended by striking ``the
greater of $10,000 or an amount equal to 200 percent'' and
inserting ``the greater of $15,000 or an amount equal to 300
percent''.
SEC. 306. PROHIBITION OF CONTRIBUTIONS BY INDIVIDUALS NOT
QUALIFIED TO REGISTER TO VOTE.
(a) Prohibition.--Section 319 of the Federal Election
Campaign Act of 1971 (2 U.S.C. 441e) is amended--
(1) in the heading by adding ``AND INDIVIDUALS NOT
QUALIFIED TO REGISTER TO VOTE'' at the end; and
(2) in subsection (a)--
(A) by striking ``(a) It shall'' and inserting the
following:
``(a) Prohibitions.--
``(1) Foreign nationals.--It shall''; and
(B) by adding at the end the following:
``(2) Individuals not qualified to register to vote.--It
shall be unlawful for an individual who is not qualified to
register to vote in a Federal election to make a
contribution, or to promise expressly or impliedly to make a
contribution, in connection with a Federal election; or for
any person to solicit, accept, or receive a contribution in
connection with a Federal election from an individual who is
not qualified to register to vote in a Federal election.''.
(b) Inclusion in Definition of Identification.--Section
301(13) of the Federal Election Campaign Act of 1971 (2
U.S.C. 431(13)) is amended--
(1) in subparagraph (A)--
(A) by striking ``and'' the first place it appears; and
(B) by inserting ``, and an affirmation that the individual
is an individual who is not prohibited by section 319 from
making a contribution'' after ``employer''; and
(2) in subparagraph (B) by inserting ``and an affirmation
that the person is a person that is not prohibited by section
319 from making a contribution'' after ``such person''.
SEC. 307. 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)(A) The name of each authorized committee shall
include the name of the candidate who authorized the
committee under paragraph (1).
``(B) 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 such 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. 308. 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)''; and
(2) by adding at the end the following:
``(b) No person shall solicit contributions by falsely
representing himself as a candidate or as a representative of
a candidate, a political committee, or a political party.''.
SEC. 309. EXPEDITED PROCEDURES.
Section 309(a) of the Federal Election Campaign Act of 1971
(2 U.S.C. 437g(a)) (as amended by section 303) is amended by
adding at the end the following:
``(14)(A) If the complaint in a proceeding was filed within
60 days immediately preceding a general election, the
Commission may take action described in this subparagraph.
``(B) If the Commission determines, on the basis of facts
alleged in the complaint and other facts available to the
Commission, that there is clear and convincing evidence that
a violation of this Act has occurred, is occurring, or is
about to occur and it appears that the requirements for
relief stated in paragraph (13)(A) (ii), (iii), and (iv) are
met, the Commission may--
``(i) order expedited proceedings, shortening the time
periods for proceedings under paragraphs (1), (2), (3), and
(4) as necessary to allow the matter to be resolved in
sufficient time before the election to avoid harm or
prejudice to the interests of the parties; or
``(ii) if the Commission determines that there is
insufficient time to conduct proceedings before the election,
immediately seek relief under paragraph (13)(A).
``(C) If the Commission determines, on the basis of facts
alleged in the complaint and other facts available to the
Commission, that the complaint is clearly without merit, the
Commission may--
``(i) order expedited proceedings, shortening the time
periods for proceedings under paragraphs (1), (2), (3), and
(4) as necessary to allow the matter to be resolved in
sufficient time before the election to avoid harm or
prejudice to the interests of the parties; or
[[Page S9659]]
``(ii) if the Commission determines that there is
insufficient time to conduct proceedings before the election,
summarily dismiss the complaint.''.
SEC. 310. REFERENCE OF SUSPECTED VIOLATION TO THE ATTORNEY
GENERAL.
Section 309(a)(5) of Federal Election Campaign Act of 1971
(2 U.S.C. 437g(a)) is amended by striking subparagraph (C)
and inserting the following:
``(C) Referral to the attorney general.--The Commission may
at any time, by an affirmative vote of 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 limitations set
forth in this section.''.
TITLE IV--MISCELLANEOUS
SEC. 401. CONTRIBUTION LIMITS; INDEXING.
(a) Increase in Candidate Contribution Limit.--Section
315(a)(1)(A) of the Federal Election Campaign Act of 1971 (2
U.S.C. 441a(a)(1)(A)) is amended by striking ``$1,000'' and
inserting ``$2,000''.
(b) Indexing of Candidate Contribution Limit.--Section
315(c) of the Federal Election Campaign Act of 1971 (2 U.S.C.
441a(c)) is amended--
(1) in the second sentence of paragraph (1), by striking
``subsection (b) and subsection (d)'' and inserting
``subsections (a)(1)(A), (b), and (d)''; and
(2) in paragraph (2)(B), by striking ``means the calendar
year 1974.'' and inserting ``means--
``(i) for purposes of subsections (b) and (d), calendar
year 1974; and
``(ii) for purposes of subsection (a)(1)(A), calendar year
1997.''.
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 to personal use.--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
``(G) dues, fees, and other payments to a health club or
recreational facility.''.
SEC. 403. 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) Any printed communication described in subsection (a)
shall be--
``(1) of sufficient type size to be clearly readable by the
recipient of the communication;
``(2) contained in a printed box set apart from the other
contents of the communication; and
``(3) consist of a reasonable degree of color contrast
between the background and the printed statement.
``(d)(1) Any broadcast or cablecast communication described
in subsection (a)(1) or subsection (a)(2) shall include, in
addition to the requirements of those subsections, an audio
statement by the candidate that identifies the candidate and
states that the candidate has approved the communication.
``(2) If a broadcast or cablecast communication described
in paragraph (1) is broadcast or cablecast by means of
television, the communication shall include, in addition to
the audio statement under paragraph (1), a written statement
which--
``(A) 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.
``(e) Any broadcast or cablecast communication described in
subsection (a)(3) shall include, in addition to the
requirements of those subsections, in a clearly spoken
manner, the following statement: `________ is responsible for
the content of this advertisement.' (with the blank to be
filled in with the name of the political committee or other
person paying for the communication and the name of any
connected organization of the payor). If broadcast or
cablecast by means of 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.''.
SEC. 404. LIMIT ON CONGRESSIONAL USE OF THE FRANKING
PRIVILEGE.
Section 3210(a)(6)(A) of title 39, United States Code, is
amended to read as follows:
``(A) A Member of Congress shall not mail any mass mailing
as franked mail during a year in which there will be an
election for the seat held by the Member during the period
between January 1 of that year and the date of the general
election for that Office, unless the Member has made a public
announcement that the Member will not be a candidate for
reelection to that year or for election to any other Federal
office.''.
TITLE V--CONSTITUTIONALITY; EFFECTIVE DATE; REGULATIONS
SEC. 501. 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. 502. 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. 503. EFFECTIVE DATE.
Except as otherwise provided in this Act, this Act and the
amendments made by this Act take effect on the date that is
60 days after the date of enactment of this Act.
SEC. 504. 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 270 days after the effective
date of this Act.
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