[Congressional Record Volume 143, Number 137 (Monday, October 6, 1997)]
[Senate]
[Pages S10434-S10441]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

                                 ______
                                 

               THE BIPARTISAN CAMPAIGN REFORM ACT OF 1997

                                 ______
                                 

                      WELLSTONE AMENDMENT NO. 1277

  (Ordered to lie on the table.)
  Mr. WELLSTONE submitted an amendment intended to be proposed by him 
to the bill (S. 25) to reform the financing of Federal elections; as 
follows:

       [On page 10 of the bill, strike lines 5 through 8 [Sect. 
     102(b) Aggregate Contribution Limit for Individual.].
                                 ______
                                 

                   JOHNSON AMENDMENTS NOS. 1278-1279

  (Ordered to lie on the table.)
  Mr. JOHNSON submitted two amendments intended to be proposed by him 
to the bill, S. 25, supra; as follows:

                           Amendment No. 1278

       On page 30, lines 15 and 16, strike ``CONTRIBUTIONS'' and 
     insert ``CONTRIBUTIONS AND EXPENDITURES''.
       On page 30, line 17, strike ``Section'' and insert ``(a) 
     Contributions.--Section''.
       On page 31, between lines 2 and 3, insert the following:
       (b) Expenditures.--Section 304(b)(5)(A) of the Federal 
     Election Campaign Act of 1971 (2 U.S.C. 434(b)(5)(A)) is 
     amended by striking ``$200'' and inserting ``$50''.
       On page 37, between lines 9 and 10, insert the following:

     SEC. 309. REPORTING REQUIREMENT FOR CERTAIN EXPENDITURES OF 
                   CANDIDATES.

       (a) Reporting Requirement of Committee.--Section 304(b)(5) 
     of the Federal Election Campaign Act of 1971 (2 U.S.C. 
     434(b)(5)) is amended--
       (1) in subparagraph (A), by inserting ``(including, in the 
     case of an expenditure to reimburse candidates or campaign 
     workers, a specific itemization of each reimbursed candidate 
     or worker expenditure in excess of $50 and in the case of an 
     expenditure for air travel, the dates of the trip, each point 
     of departure and arrival, and the identity of the traveler)'' 
     after ``purpose'';
       (2) in subparagraph (D), by striking ``and'' at the end;
       (3) in subparagraph (E), by inserting ``and'' at the end; 
     and
       (4) by adding at the end the following:
       ``(F) in the case of an expenditure described in 
     subparagraph (A) that is made to a person providing personal 
     or consulting services and is used by such person to make 
     expenditures to other persons (not including employees) who 
     provide goods or services to the candidate or the candidate's 
     authorized committees, the other person, together with the 
     date, amount, and purpose of such expenditure, shall be 
     disclosed;''.
       (b) Information Reported to Committee.--Section 302 of the 
     Federal Election Campaign Act of 1971 (2 U.S.C. 432) is 
     amended by adding at the end the following:
       ``(j) A person described in section 304(b)(5)(F) shall 
     maintain records of and provide to a political committee the 
     information necessary for the committee to report the 
     information described in such section.''.
                                                                    ____


                           Amendment No. 1279

       On page 11, after line 20, insert the following:

     SEC. 104. TREATMENT AS CONTRIBUTION OF UNREIMBURSED COST OF 
                   CANDIDATE TRAVEL ON PRIVATE AIRCRAFT.

       Section 301(8)(A) of the Federal Election Campaign Act of 
     1971 (2 U.S.C. 431(8)(A)) (as amended by section 205(a)) is 
     amended--
       (1) in clause (ii), by striking ``; or'' at the end;
       (2) in clause (iii), by striking the period at the end and 
     inserting ``; or''; and
       (3) by adding at the end the following:
       ``(iv) in the case of the use of a private aircraft by a 
     candidate or a candidate's authorized committees (other than 
     an aircraft owned by the candidate or the candidate's 
     authorized committees), the unreimbursed cost of such use, 
     determined as the greater of the value of--
       ``(I) a first-class ticket on a commercial airline for a 
     comparable trip; or
       ``(II) the fair market value of the use of the private 
     aircraft.''.
                                 ______
                                 

                        REED AMENDMENT NO. 1280

  (Ordered to lie on the table.)
  Mr. REED submitted an amendment intended to be proposed by him to the 
bill, S. 25, supra; as follows:

       On page 19, after line 23, add the following:

     SEC. 204A. CONTRIBUTION LIMIT FOR POLITICAL PARTIES MAKING 
                   INDEPENDENT EXPENDITURES.

       Section 315(a) of Federal Election Campaign Act of 1971 (2 
     U.S.C. 441a(a)) is amended--
       (1) in paragraph (1)(B), by striking ``which, in the 
     aggregate, exceed $20,000'' and inserting ``that--
       ``(i) in the case of a political committee that certifies 
     under subsection (d)(4) that it will not make independent 
     expenditures in connection with the general election campaign 
     of any candidate, in the aggregate, exceed $20,000; or
       ``(ii) in the case of a political committee that does not 
     certify under subsection (d)(4) that it will not make 
     independent expenditures in connection with the general 
     election campaign of any candidate, in the aggregate, exceed 
     $5,000''; and
       (2) in paragraph (2)(B), by striking ``which, in the 
     aggregate, exceed $15,000'' and inserting ``that--
       ``(i) in the case of a political committee that certifies 
     under subsection (d)(4) that it will not make independent 
     expenditures in connection with the general election campaign 
     of any candidate, in the aggregate, exceed $15,000; or
       ``(ii) in the case of a political committee that does not 
     certify under subsection (d)(4) that it will not make 
     independent expenditures in connection with the general 
     election campaign of any candidate, in the aggregate, exceed 
     $5,000''.
                                 ______
                                 

                McCAIN (AND FEINGOLD) AMENDMENT NO. 1281

  (Ordered to lie on the table.)
  Mr. McCAIN (for himself and Mr. Feingold) submitted an amendment 
intended to be proposed by them to the bill, S. 25, supra; as follows:

       On page 53, after line 16, insert the following:

                   TITLE VII--SENATE VOLUNTARY OPTION

     SEC. 701. SENATE VOLUNTARY OPTION.

       (a) In General.--The Federal Election Campaign Act of 1971 
     is amended by adding at the end the following:

       ``TITLE V--VOLUNTARY OPTION FOR SENATE ELECTION CAMPAIGNS

     ``SEC. 501. DEFINITIONS.

       ``In this title:
       ``(1) Eligible senate candidate.--The term `eligible Senate 
     candidate' means a candidate who the Commission has certified 
     under section 505 as an eligible primary election Senate 
     candidate or as an eligible general election Senate 
     candidate.
       ``(2) Multicandidate political committee contribution 
     limit.--The term `multicandidate political committee 
     contribution limit' means, with respect to an eligible Senate 
     candidate, the limit applicable to the candidate under 
     section 502(f).
       ``(3) Out-of-state resident contribution limit.--The term 
     `out-of-State resident contribution limit' means, with 
     respect to an eligible Senate candidate, the limit applicable 
     to the candidate under section 502(e).
       ``(4) Personal funds expenditure limit.--The term `personal 
     funds expenditure limit' means, with respect to an eligible 
     Senate candidate, the limit applicable to the candidate under 
     section 503(a).
       ``(5) Small state.--The term `small State' means a State 
     with a voting age population not in excess of 1,500,000.

     ``SEC. 502. ELIGIBLE SENATE CANDIDATES.

       ``(a) In General.--A candidate is--
       ``(1) an eligible primary election Senate candidate if the 
     Commission certifies under section 505 that the candidate--
       ``(A) has met the primary election filing requirement of 
     subsection (b); and
       ``(B) has met the threshold contribution requirement of 
     subsection (d); and
       ``(2) an eligible general election Senate candidate if the 
     Commission certifies under section 505 that the candidate--
       ``(A) has met the general election filing requirement of 
     subsection (c); and
       ``(B) has been certified as an eligible primary election 
     Senate candidate.
       ``(b) Primary Election Filing Requirement.--
       ``(1) In general.--The requirement of this subsection is 
     met if the candidate files with the Commission a declaration 
     that the candidate and the candidate's authorized 
     committees--
       ``(A) will not exceed the personal funds expenditure limit; 
     and
       ``(B) will not accept contributions for the primary 
     election, any runoff election, or the general election that 
     would cause the candidate to exceed the out-of-State resident 
     contribution limit or the multicandidate political committee 
     contribution limit.
       ``(2) Deadline for filing primary election declaration.--
     The declaration under paragraph (1) shall be filed not later 
     than the date on which the candidate files with the 
     appropriate State officer as a candidate for the primary 
     election.
       ``(c) General Election Filing Requirement.--
       ``(1) In general.--The requirement of this subsection is 
     met if the candidate files with the Commission--
       ``(A) a declaration, with such supporting documentation as 
     the Commission may require, that--
       ``(i) the candidate and the candidate's authorized 
     committees--
       ``(I) did not exceed the personal funds expenditure limit; 
     and
       ``(II) did not accept contributions for the primary 
     election or any runoff election that caused the candidate to 
     exceed the out-of-State resident contribution limit or the 
     multicandidate political committee contribution limit; and
       ``(ii) the candidate has met the threshold contribution 
     requirement of subsection (d), as demonstrated by documents 
     accompanying the declaration under subsection (b) or the 
     declaration under this subsection; and
       ``(B) a declaration that the candidate and the candidate's 
     authorized committees--

[[Page S10435]]

       ``(i) will not make expenditures in excess of the personal 
     funds expenditure limit; and
       ``(ii) will not accept any contribution for the general 
     election to the extent that the contribution would cause the 
     candidate to exceed the out-of-State resident contribution 
     limit or the multicandidate political committee contribution 
     limit.
       ``(2) Deadline for filing general election declaration.--
     The declaration 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.
       ``(d) Threshold Contribution Requirement.--
       ``(1) In general.--The requirement of this subsection is 
     met--
       ``(A) if the candidate and the candidate's authorized 
     committees have received allowable contributions during the 
     applicable period in an amount not less than--
       ``(i) $100,000 in the case of a candidate seeking election 
     in a small State; or
       ``(ii) $250,000 in the case of any other candidate; and
       ``(B) the candidate files with the Commission a statement 
     under penalty of perjury that the requirement of subparagraph 
     (A) has been met, with supporting materials demonstrating 
     that the requirement has been met.
       ``(2) Definitions.--In this subsection:
       ``(A) Allowable contribution.--
       ``(i) In general.--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.
       ``(ii) Exclusions.--The term `allowable contribution' does 
     not include a contribution from--
       ``(I) an individual residing outside the candidate's State 
     to the extent that acceptance of the contribution would bring 
     a candidate out of compliance with subsection (e);
       ``(II) a multicandidate political committee to the extent 
     that acceptance of the contribution would bring the candidate 
     out of compliance with subsection (f); or
       ``(III) a source described in section 503(a)(2).
       ``(B) Applicable period.--The term `applicable period' 
     means--
       ``(i) the period beginning on January 1 of the calendar 
     year preceding the calendar year of a general election and 
     ending on the date on which the declaration under subsection 
     (b) is filed by the candidate; or
       ``(ii) in the case of a special election for the office of 
     United States Senator, the period beginning on the date on 
     which the vacancy in the office occurs and ending on the date 
     of the general election.
       ``(e) Out-of-State Resident Contribution Limit.--
       ``(1) Requirement.--
       ``(A) In general.--The requirement of this subsection is 
     met if more than 50 percent of the total amount of 
     contributions accepted by the candidate and the candidate's 
     authorized committees are from individuals who are legal 
     residents of the candidate's State.
       ``(B) Special rule for small states.--In the case of a 
     candidate seeking election in a small State, the requirement 
     of this subsection is met if, at the option of the 
     candidate--
       ``(i) more than 50 percent of the total amount of 
     contributions accepted by the candidate and the candidate's 
     authorized committees are from individuals who are legal 
     residents of the candidate's State; or
       ``(ii) more than 50 percent of the number of individuals 
     whose names are reported to the Commission as individuals 
     from whom the candidate and the candidate's authorized 
     committees accept contributions are legal residents of the 
     candidate's State.
       ``(2) Personal funds.--For purposes of paragraph (1), 
     amounts consisting of funds from sources described in section 
     503(a)(2) shall be treated as contributions from individuals 
     residing outside the candidate's State.
       ``(3) Time for meeting requirement.--The requirements of 
     paragraph (1) must be met by an eligible Senate candidate as 
     of the close of each reporting period under section 304.
       ``(4) Reporting requirements.--In addition to information 
     required to be reported under section 304, a candidate that 
     elects to comply with the requirements of paragraph 
     (1)(B)(ii) shall include in each report required to be filed 
     under section 304 the name and address of and the amount of 
     contributions made by each individual that, during the 
     calendar year in which the reporting period occurs, makes 
     contributions aggregating $20 or more.
       ``(f) Multicandidate Political Committee Contribution 
     Limit.--The requirement of this subsection is met if the 
     candidate and the candidate's authorized committees do not 
     accept, for use in connection with a primary, runoff, or 
     general election, a contribution from a multicandidate 
     political committee, to the extent that the making or 
     accepting of the contribution would cause the aggregate 
     amount of contributions received by the candidate and the 
     candidate's authorized committees from multicandidate 
     political committees to exceed 25 percent of the aggregate 
     contributions received by such candidate and committees from 
     all sources.

     ``SEC. 503. PERSONAL FUNDS EXPENDITURE LIMIT.

       ``(a) Limit.--
       ``(1) In general.--The amount of expenditures that may be 
     made by an eligible Senate candidate or the candidate's 
     authorized committees in connection with a primary, runoff, 
     or general election of the candidate from the source 
     described in paragraph (2) shall not exceed, in aggregate for 
     each such election--
       ``(A) in the case of an eligible Senate candidate seeking 
     election in a small State, $25,000 per election; or
       ``(B) in the case of any other eligible Senate candidate, 
     $50,000 per election.
       ``(2) Sources.--A source is described in this paragraph if 
     the source is--
       ``(A) personal funds of the candidate and members of the 
     candidate's immediate family; or
       ``(B) proceeds of indebtedness incurred by the candidate or 
     a member of the candidate's immediate family.
       ``(b) Notice of Failure To Comply With Requirements.--A 
     candidate who filed a declaration under section 502 and 
     subsequently acts in a manner that is inconsistent with any 
     of the statements made in the declaration shall, not later 
     than 24 hours after the first of the acts--
       ``(1) file with the Commission a notice describing those 
     acts; and
       ``(2) notify all other candidates for the same office by 
     sending a copy of the notice by certified mail, return 
     receipt requested.

     ``SEC. 504. BENEFIT FOR ELIGIBLE CANDIDATES.

       ``An eligible Senate candidate shall be entitled to the 
     broadcast media rates provided under section 315(b) of the 
     Communications Act of 1934.

     ``SEC. 505. CERTIFICATION BY COMMISSION.

       ``(a) In General.--The Commission shall determine whether a 
     candidate has met the requirements of this title and, based 
     on the determination, issue a certification stating whether 
     the candidate is an eligible Senate candidate entitled to 
     receive benefits under this title.
       ``(b) Certification.--
       ``(1) Primary election.--Not later than 7 business days 
     after a candidate files a declaration under section 502(b), 
     the Commission shall determine whether the candidate meets 
     the eligibility requirements of section 502(b)(1) and, if so, 
     certify that the candidate is an eligible primary election 
     Senate candidate entitled to receive a benefit under this 
     title.
       ``(2) General election.--Not later than 7 business days 
     after a candidate files a declaration under section 502(c), 
     the Commission shall determine whether the candidate meets 
     the eligibility requirement of section 502(c)(1), and, if so, 
     certify that the candidate is an eligible general election 
     Senate candidate entitled to receive a benefit under this 
     title.
       ``(c) Revocation.--
       ``(1) In general.--The Commission shall revoke a 
     certification under subsection (a), based on information 
     submitted in such form and manner as the Commission may 
     require or on information that comes to the Commission by 
     other means, if the Commission determines that a candidate 
     fails to continue to meet the requirements of this title.
       ``(2) No further benefit.--A candidate whose certification 
     has been revoked shall be ineligible for any further benefit 
     made available under this title for the duration of the 
     election cycle.
       ``(d) 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 506 and to judicial 
     review.

     ``SEC. 506. PENALTIES.

       ``(a) Misuse of Benefits.--If the Commission revokes the 
     certification of an eligible Senate candidate, the Commission 
     shall so notify the candidate, and the candidate shall pay to 
     the provider of any benefit received by the candidate under 
     this title an amount equal to the difference between the 
     amount the candidate paid for such benefit and the amount the 
     candidate would have paid for the benefit if the candidate 
     were not an eligible Senate candidate.
       ``(b) Civil Penalties for Exceeding Limits.--Any eligible 
     Senate candidate who makes expenditures in excess of the 
     personal funds expenditure limit, or receives contributions 
     in excess of the out-of-State resident contribution limit or 
     the multicandidate political committee contribution limit, 
     shall pay to the Commission as a civil penalty an amount 
     equal to--
       ``(1) the amount of the excess if the excess does not 
     exceed 5 percent of the limit,
       ``(2) 3 times the amount of the excess if the excess 
     exceeds 5 percent but does not exceed 10 percent of the 
     limit, and
       ``(3) if the excess exceeds 10 percent of the limit, the 
     sum of 3 times the amount of the excess plus a civil penalty 
     to be imposed pursuant to section 309.''
       (b) Expenditures Made Before Effective Date.--An 
     expenditure shall not be counted as an expenditure for 
     purposes of the expenditure limits contained in the amendment 
     made by subsection (a) if the expenditure is made before the 
     date that is 60 days after the date of enactment of this Act.

     SEC. 702. BROADCAST RATES AND PREEMPTION.

       (a) Broadcast Rates.--Section 315(b) of the Communications 
     Act of 1934 (47 U.S.C. 315(b)) is amended--
       (1) by striking ``(b) The charges'' and inserting the 
     following:

[[Page S10436]]

       ``(b) Broadcast Media Rates.--
       ``(1) In general.--Except as provided in paragraph (2), the 
     charges'';
       (2) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B), respectively, and adjusting the 
     margins accordingly;
       (3) in paragraph (1)(A) (as redesignated by paragraph 
     (2))--
       (A) by striking ``forty-five'' and inserting ``30''; and
       (B) by striking ``lowest unit charge of the station for the 
     same class and amount of time for the same period'' and 
     inserting ``lowest charge of the station for the same amount 
     of time for the same period on the same date''; and
       (4) by adding at the end the following:
       ``(2) Senate candidates.--
       ``(A) Eligible senate candidates.--In the case of an 
     eligible Senate candidate (as defined in section 501 of the 
     Federal Election Campaign Act), the charges for the use of a 
     television broadcasting station during the 30-day period and 
     60-day period referred to in paragraph (1)(A) shall not 
     exceed 50 percent of the charge described in paragraph 
     (1)(B).
       ``(B) Noneligible senate candidates.--In the case of a 
     candidate for the United States Senate who is not an eligible 
     Senate candidate, paragraph (1)(A) shall not apply.''.
       (b) Preemption; Access.--Section 315 of the Communications 
     Act of 1934 (47 U.S.C. 315) is amended--
       (1) by redesignating subsections (c) and (d) as subsections 
     (d) and (e), respectively; and
       (2) by inserting after subsection (b) the following:
       ``(c) Preemption.--
       ``(1) In general.--Except as provided in paragraph (2), a 
     licensee shall not preempt the use, during any period 
     specified in subsection (b)(1)(A), of a broadcasting station 
     by an eligible Senate candidate who has purchased and paid 
     for such use pursuant to subsection (b)(2).
       ``(2) Circumstances beyond control of licensee.--If a 
     program to be broadcast by a broadcasting station is 
     preempted because of circumstances beyond the control of the 
     broadcasting station, any candidate advertising spot 
     scheduled to be broadcast during that program may also be 
     preempted.''.
       (c) Revocation of License for Failure To Permit Access.--
     Section 312(a)(7) of the Communications Act of 1934 (47 
     U.S.C. 312(a)(7)) is amended--
       (1) by striking ``or repeated'';
       (2) by inserting ``or cable system'' after ``broadcasting 
     station''; and
       (3) by striking ``his candidacy'' and inserting ``the 
     candidacy of the candidate, under the same terms, conditions, 
     and business practices as apply to the most favored 
     advertiser of the licensee''.
       (d) Effective Date.--The amendments made by this section 
     shall take effect on the date that is 60 days after the date 
     of enactment of this Act.

     SEC. 703. REPORTING REQUIREMENT FOR ELIGIBLE SENATE 
                   CANDIDATES.

       Section 304(b)(2) of the Federal Election Campaign Act of 
     1971 (2 U.S.C. 434(b)(2)) is amended--
       (1) by striking ``and'' at the end of subparagraph (J);
       (2) by striking the period at the end of subparagraph (K) 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(L) in the case of an eligible Senate candidate, the 
     total amount of contributions from individuals who are 
     residents of the State in which the candidate seeks 
     office.''.
                                 ______
                                 

                      ASHCROFT AMENDMENT NO. 1282

  (Ordered to lie on the table.)
  Mr. ASHCROFT submitted an amendment intended to be proposed by him to 
the bill, S. 25, supra; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. AMENDMENT TO THE CONSTITUTION ALLOWING STATES TO 
                   LIMIT THE PERIOD OF TIME UNITED STATES SENATORS 
                   AND REPRESENTATIVES MAY SERVE.

       The following article is hereby proposed as an amendment to 
     the Constitution of the United States:

                              ``Article--

       ``Section 1. Each State or the people thereof may prescribe 
     the maximum number of terms to which a person may be elected 
     or appointed to the Senate of the United States.
       ``Section 2. Each State or the people thereof may prescribe 
     the maximum number of terms to which a person may be elected 
     to the House of Representatives of the United States.
       ``Section 3. This article shall be inoperative unless it 
     shall have been ratified as an amendment to the Constitution 
     by the legislatures of three-fourths of the several States 
     within seven years from the date of its submission to the 
     States by the Congress.''.
                                 ______
                                 

                      JEFFORDS AMENDMENT NO. 1283

  (Ordered to lie on the table.)
  Mr. JEFFORDS submitted an amendment intended to be proposed by him to 
the bill, S. 25, supra; as follows:

       Beginning on page 17, strike line 7 and all that follows 
     through page 19, line 8 and insert the following:
       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); and
       (2) by adding at the end the following:
       ``(4) Time for Reporting Certain Independent 
     Expenditures.--
       ``(A) In general.--A person that makes or obligates to make 
     an aggregate amount of independent expenditures equal to or 
     greater than $5,000 shall file a statement with the 
     Commission--
       ``(i) in the case of expenditures made within 90 days 
     before the date of the general election of the candidate the 
     expenditure is made in connection with, 14 days before the 
     expenditure is made; and
       ``(ii) in the case of expenditures made during any other 
     time, within 48 hours after the expenditure is made or 
     obligated to be made.
       ``(B) Additional Statements.--An additional statement shall 
     be filed not later than 48 hours after each additional amount 
     of expenditures is made or obligated to be made in an 
     aggregate amount equal to or greater than $5,000.
       ``(C) Contents.--A statement under this paragraph shall 
     contain the information required under paragraph (2)(A).
       ``(D) Place of Filing; Transmission.--
       ``(i) Place of filing.--A statement under this paragraph 
     shall be filed with the Secretary of the Senate or the Clerk 
     of the House of Representatives, and the Secretary of the 
     State of the State involved, as appropriate.
       ``(ii) Transmission.--Not later than 24 hours after receipt 
     of a statement, the Secretary of the Senate or Clerk of the 
     House of Representatives shall transmit the statement to the 
     Commission and the Commission shall, not later than 48 hours 
     after the receipt of the statement, transmit the statement to 
     the candidate involved.
       ``(E) Determination.--
       ``(i) In general.--The Commission may make a determination 
     whether independent expenditures described in subparagraph 
     (A) have been made or obligated to be made.
       ``(ii) Notification of candidates.--Not later than 24 hours 
     after a determination is made under clause (i), the 
     Commission shall notify the candidate involved in the 
     expenditure of such determination.''.
                                 ______
                                 

                      SANTORUM AMENDMENT NO. 1284

  (Ordered to lie on the table.)
  Mr. SANTORUM submitted an amendment intended to be proposed by him to 
the bill, S. 25, supra; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SENSE OF THE CONGRESS.

       It is the sense of the Congress that because legal 
     permanent residents of the United States are protected by the 
     Constitution, the residents have the right under the First 
     Amendment to legally express themselves through expenditures 
     and contributions that affect the political and electoral 
     process.

     SEC. 2. VOTER EMPOWERMENT BY INCREASE AND INDEXING OF 
                   CONTRIBUTION LIMITS.

       (a) Increase in Individual Contribution Limits.--Section 
     315(a) of the Federal Election Campaign Act of 1971 (2 U.S.C. 
     441a(a)) is amended--
       (1) in paragraph (1)--
       (A) by striking subparagraph (A) and inserting the 
     following:
       ``(A)(i) to a local candidate (as defined in paragraph (9)) 
     and the candidate's authorized committees with respect to any 
     election for Federal office that, in the aggregate, exceed 
     $4,000; and
       ``(ii) to a non-local candidate and the candidate's 
     authorized committees with respect to any election for 
     Federal office that, in the aggregate, exceed $1,000;'';
       (B) in subparagraph (B), by striking ``$20,000'' and 
     inserting ``$60,000''; and
       (C) in subparagraph (C), by striking ``$5,000'' and 
     inserting ``$15,000''; and
       (2) in paragraph (3)--
       (A) by striking ``$25,000'' and inserting ``$75,000''; and
       (B) by striking the second sentence.
       (b) Decrease in PAC Contribution Limit.--Section 
     315(a)(2)(A) of the Federal Election Campaign Act of 1971 (2 
     U.S.C. 441a(a)(2)(A)) is amended by striking ``$5,000'' and 
     inserting ``$4,000''.
       (c) Definition of Local Candidate.--Section 315 of the 
     Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) 
     is amended by adding at the end the following:
       ``(9) Local Candidate.--In subsection (a), the term `local 
     candidate' means a candidate seeking nomination for election 
     to, or election to, the Senate or the House of 
     Representatives for the State in which the principal 
     residence (as this term is used in section 121 the Internal 
     Revenue Code of 1986) of the contributor is located.''.
       (d) Indexing Limits.--Section 315(c) of the Federal 
     Election Campaign Act of 1971 (2 U.S.C. 441a(c)) is amended--
       (1) in paragraph (1), by striking ``subsection (b) and 
     subsection (d)'' and inserting ``subsections (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), calendar year 
     1997.''.

     SEC. 3. POLITICAL COMMITTEE EXPENDITURE REFORM.

       (a) Political Party Committee Expenditures.--Section 315 of 
     the Federal Election Campaign Act of 1971 (2 U.S.C. 441a) is 
     amended by striking subsection (d) and inserting the 
     following:
       ``(d) Political Parties.--

[[Page S10437]]

       ``(1) In general.--Notwithstanding any other provision of 
     law with respect to limitations on expenditures or 
     limitations on contributions, the national committee of a 
     political party and a State committee of a political party, 
     including any subordinate committee of a State committee, may 
     make expenditures in connection with the general election 
     campaign of candidates for Federal office.
       ``(2) Treatment of expenditures.--An expenditure made under 
     paragraph (1) shall not be treated as a contribution to or 
     expenditure made by the candidate in connection with whom the 
     expenditure is made for any purpose.''.
       (b) Increase in PAC Contribution Limits.--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 ``$15,000'' and 
     inserting ``$45,000''; and
       (2) in subparagraph (C), by striking ``$5,000'' and 
     inserting ``$15,000''.
       (c) Definition of Express Advocacy.--Section 301 of the 
     Federal Election Campaign Act of 1971 (2 U.S.C. 431) is 
     amended--
       (1) 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 that is not made in concert with, or at the 
     request or suggestion of, any candidate, or any authorized 
     committee or agent of such candidate.''; and
       (2) by adding at the end the following:
       ``(20) Express advocacy.--The term `express advocacy' 
     includes a communication that conveys a message that 
     advocates the election or defeat of a clearly identified 
     candidate 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.''.

     SEC. 4. INCREASED DISCLOSURE.

       (a) Clarification of definition of cooperation or 
     consultation.--Section 301(17) of the Federal Election 
     Campaign Act of 1971 (2 U.S.C. 431(17)) (as amended by 
     section 3(c)) is amended by adding at the end the following:
       ``(B) Cooperation or consultation.--The term `cooperation 
     or consultation' does not include a consultation solely for 
     the purpose of determining the factual accuracy of 
     information about the candidate to be used in connection with 
     a voter guide or information about a voting record (as those 
     terms are defined in regulation by the Commission).''.
       (b) Monthly Reporting.--Section 304(a)(2) of the Federal 
     Election Campaign Act of 1971 (2 U.S.C. 434(a)(2)) is 
     amended--
       (1) in the matter preceding subparagraph (A), by striking 
     ``Senate'' and inserting ``Senate or political committee of a 
     national party'';
       (2) in subparagraph (A) by striking ``the following 
     reports:'' and all that follows and inserting ``a monthly 
     report, that shall be filed no later than the 20th day after 
     the last day of each month and shall be complete as of the 
     last day of the month; and''; and
       (3) in subparagraph (B)--
       (A) by striking ``(i)'' and inserting ``(i)(I) in the case 
     of a principal campaign committee of a candidate,'';
       (B) by redesignating clause (ii) as subclause (II);
       (C) in clause (i)(II), as redesignated by clause (ii), by 
     striking the period at the end and inserting ``; and''; and
       (D) by adding at the end the following:
       ``(ii) in the case of a political committee of a national 
     party, reports shall be filed under paragraph (4)(A)(iv).''.

     SEC. 5. FEDERAL ELECTION COMMISSION REFORM.

       (a) 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''.
       (b) Attorney's Fees.--Section 309(a)(8) of the Federal 
     Election Campaign Act of 1971 (2 U.S.C. 4437g(a)(8)) is 
     amended by adding at the end the following:
       ``(D) In any proceeding under this paragraph in which the 
     defendant substantially prevails on substantive grounds, the 
     court may, in addition to any judgment awarded to the 
     defendant, allow reasonable attorney's fees and other costs 
     of the civil action.''.

     SEC. 6. RIGHTS OF EMPLOYEES RELATING TO THE PAYMENT AND USE 
                   OF LABOR ORGANIZATION DUES.

       (a) Payment of Dues.--
       (1) Rights of employees.--Section 7 of the National Labor 
     Relations Act (29 U.S.C. 157) is amended by striking 
     ``membership'' and all that follows and inserting the 
     following: ``the payment to a labor organization of dues or 
     fees related to collective bargaining, contract 
     administration, or grievance adjustment necessary to 
     performing the duties of exclusive representation as a 
     condition of employment as authorized in section 8(a)(3).''.
       (2) Unfair labor practices.--Section 8(a)(3) of the 
     National Labor Relations Act (29 U.S.C. 158(a)(3)) is amended 
     by striking ``membership therein'' and inserting ``the 
     payment to such labor organization of dues or fees related to 
     collective bargaining, contract administration, or grievance 
     adjustment necessary to performing the duties of exclusive 
     representation''.
       (b) Requirements for Use of Dues for Certain Purposes.--
       (1) Written agreement.--Section 8 of the National Labor 
     Relations Act (29 U.S.C. 158) is amended by adding at the end 
     the following:
       ``(h)(1) An employee subject to an agreement between an 
     employer and a labor organization requiring the payment of 
     dues or fees to such organization as authorized in subsection 
     (a)(3) may not be required to pay to such organization, nor 
     may such organization accept payment of, any dues or fees not 
     related to collective bargaining, contract administration, 
     or grievance adjustment necessary to performing the duties 
     of exclusive representation unless the employee has agreed 
     to pay such dues or fees in a signed written agreement 
     that shall be renewed between the first day of September 
     and the first day of October of each year.
       ``(2) Such signed written agreement shall include a ratio, 
     certified by an independent auditor, of the dues or fees 
     related to collective bargaining, contract administration, or 
     grievance adjustment necessary to performing the duties of 
     exclusive representation and the dues or fees related to 
     other purposes.''.
       (2) Written assignment.--Section 302(c)(4) of the Labor 
     Management Relations Act, 1947 (29 U.S.C. 186) is amended by 
     inserting before the semicolon the following: ``: Provided 
     further, That no amount may be deducted for dues unrelated to 
     collective bargaining, contract administration, or grievance 
     adjustment necessary to performing the duties of exclusive 
     representation unless a written assignment authorizes such a 
     deduction''.
       (c) Notice to Employees Relating to the Payment and Use of 
     Dues.--Section 8 of the National Labor Relations Act (29 
     U.S.C. 158) (as amended by subsection (b)(1)) is amended by 
     adding at the end the following:
       ``(i)(1) An employer shall post a notice that informs the 
     employees of their rights under section 7 of this Act and 
     clarifies to such employees that an agreement requiring the 
     payment of dues or fees to a labor organization as a 
     condition of employment as authorized in subsection (a)(3) 
     may only require that employees pay to such organization any 
     dues or fees related to collective bargaining, contract 
     administration, or grievance adjustment necessary to 
     performing the duties of exclusive representation. A copy of 
     such notice shall be provided to each employee not later than 
     10 days after the first day of employment.
       ``(2) The notice described in paragraph (1) shall be of 
     such size and in such form as the Board shall prescribe and 
     shall be posted in conspicuous places in and about the plants 
     and offices of such employer, including all places where 
     notices to employees are customarily posted.''.
       (d) Employee Participation in the Affairs of a Labor 
     Organization.--Section 8(b)(1) of the National Labor 
     Relations Act (29 U.S.C. 158(b)(1)) is amended by striking 
     ``therein;'' and inserting the following: ``therein, except 
     that, an employee who is subject to an agreement between an 
     employer and a labor organization requiring as a condition of 
     employment the payment of dues or fees to such organization 
     as authorized in subsection (a)(3) and who pays such dues or 
     fees shall have the same right to participate in the affairs 
     of the organization related to collective bargaining, 
     contract administration, or grievance adjustment as any 
     member of the organization;''.
       (e) Disclosure to Employees.--
       (1) Expenses reporting.--Section 201(b) of the Labor-
     Management Reporting and Disclosure Act of 1959 (29 U.S.C. 
     431(b)) is amended by adding at the end the following: 
     ``Every labor organization shall be required to attribute and 
     report expenses by function classification in such detail as 
     necessary to allow the members of such organization or the 
     employees required to pay any dues or fees to such 
     organization to determine whether such expenses were related 
     to collective bargaining, contract administration, or 
     grievance adjustment necessary to performing the duties of 
     exclusive representation or were related to other 
     purposes.''.
       (2) Report information.--Section 201(c) of the Labor-
     Management Reporting and Disclosure Act of 1959 (29 U.S.C. 
     431(c)) is amended--
       (A) by inserting ``and employees required to pay any dues 
     or fees to such organization'' after ``members'';
       (B) by striking ``suit of any member of such organization'' 
     and inserting ``suit of any member of such organization or 
     employee required to pay any dues or fees to such 
     organization''; and
       (C) by striking ``such member'' and inserting ``such member 
     or employee''.
       (3) Regulations.--The Secretary of Labor shall promulgate a 
     regulation as necessary to carry out the amendments made by 
     this subsection not later than 120 days after the date of 
     enactment of this Act.
       (f) Effective Date.--This section shall take effect on the 
     date of enactment of this Act, except that the requirements 
     contained in the amendments made by subsections (b) and (c) 
     shall take effect 60 days after the date of enactment of this 
     Act.

     SEC. 7. PROHIBITION OF FUNDRAISING ON FEDERAL PROPERTY.

       Section 607 of title 18, United States Code, is amended--

[[Page S10438]]

       (1) in subsection (a), by inserting ``or donation of money 
     or anything else of value made by any person to a national 
     committee of a political party'' after ``Act of 1971''; and
       (2) in subsection (b)--
       (A) by inserting ``or donations'' after ``contributions'' 
     each place it appears;
       (B) by inserting ``or donation'' after ``contribution''; 
     and
       (C) by inserting ``donator'' after ``contributor''.

     SEC. 8. LIMIT ON USE OF THE FRANKING PRIVILEGE.

       Section 3210(a)(6) of title 39, United States Code, is 
     amended--
       (1) in subparagraph (A)--
       (A) in the matter preceding clause (i), by striking 
     ``Congress may not'' and inserting ``the House of 
     Representatives may not''; and
       (B) in clause (i), by striking ``60 days (or, in the case 
     of a Member of the House, fewer than 90 days)'' and inserting 
     ``90 days''; and
       (2) by striking subparagraph (C) and inserting the 
     following:
       ``(C)(i) A Member of the Senate 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 office in that year.
       ``(ii) A Member of the Senate shall not mail any mass 
     mailing as franked mail if the mass mailing is postmarked 
     fewer than 60 days before the date of any primary election or 
     general election (whether regular, special, or runoff) for 
     any national, State, or local office in which the Member is a 
     candidate for election.''.

     SEC. 9. EFFECTIVE DATE.

       Except as otherwise provided in this Act, this Act and the 
     amendments made by this Act shall apply to elections 
     occurring and filing periods beginning after December 31, 
     1998.
                                 ______
                                 

                        SNOWE AMENDMENT NO. 1285

  (Ordered to lie on the table.)
  Ms. SNOWE submitted an amendment intended to be proposed by her to 
amendment No. 1258 proposed by Mr. Lott to the bill, S. 25, supra; as 
follows:

       In lieu of the matter proposed to be inserted, insert:

     ____. REQUIREMENTS TO ENSURE EXPENDITURES OF CORPORATIONS AND 
                   EXEMPT ORGANIZATIONS FOR POLITICAL PURPOSES ARE 
                   VOLUNTARY.

       (a) In General.--Section 316 of the Federal Election 
     Campaign Act of 1971 (2 U.S.C. 441b) is amended by adding at 
     the end the following:
       ``(c) Restrictions on the Revenues of National Banks and 
     Corporations and Dues of Exempt Organizations Used for 
     Political Activities.--
       ``(1) In general.--Except as provided in this subsection, 
     it shall be unlawful--
       ``(A) for any national bank or corporation described in 
     this section to use for political activities any portion of 
     any revenues or amounts received from any shareholder or 
     employee; or
       ``(B) for any organization exempt from taxation under 
     section 501(a) of the Internal Revenue Code of 1986 (other 
     than an organization described in section 501(c)(3) of such 
     Code) to use for political activities any portion of any 
     dues, initiation fee, or other payment collected or assessed 
     from any member or nonmember of such organization.
       ``(2) Requirements.--
       ``(A) Notice.--Each bank, corporation, or organization 
     described in paragraph (1) which seeks to make any 
     disbursements for any political activities from dues, 
     initiation fees, or other payments shall--
       ``(i) provide to each individual a statement of such dues, 
     fee, or other payment before the period to which such dues, 
     fee, or payment applies, and
       ``(ii) include with each such statement a written notice 
     which includes--

       ``(I) a reasonable estimate of the budget for such 
     political activities,
       ``(II) a detailed itemization of all amounts disbursed for 
     political activities in the 2 previous years,
       ``(III) a reasonable estimate of the dollar amount of the 
     dues, fee, or payment which is to used for such political 
     activities, and
       ``(IV) a space for the individual to check off that the 
     individual does or does not consent to the expenditure of any 
     portion of such dues, fee, or payment for political 
     activities.

     The period covered by any statement shall not exceed 12 
     months.
       ``(B) Limitation on amount.--
       ``(i) In general.--An organization required to provide 
     notice under subparagraph (A) shall not make disbursements 
     for political activities for the period covered by such 
     notice in an amount greater than the amount which bears the 
     same ratio to the amount of such disbursements estimated in 
     the notice as the percentage of individuals consenting to 
     such disbursements under subparagraph (A)(ii)(IV) bears to 
     the total number of individuals making payment of such dues, 
     fees, or other payments.
       ``(ii) Special rule.--If such consent is not provided, no 
     portion of such dues, fees, or payments shall be used for 
     political activities.
       ``(C) Availability of records.--An organization required to 
     provide notice under subparagraph (A) shall make available to 
     any affected members and nonmembers of the organization at 
     the organization's main office any records on which the 
     information required under subparagraph (A) is based.
       ``(d) Corporate Shareholders Must Consent to Disbursements 
     for Political Activities From Funds.--
       ``(1) In general.--Except as provided in this subsection, 
     it shall be unlawful for a corporation to which this section 
     applies to make a disbursement to fund political activities.
       ``(2) Requirements.--
       ``(A) In general.--Any corporation described in paragraph 
     (1) which seeks to make disbursements for political 
     activities during any 12-month period shall, in advance of 
     such period, transmit to each of its shareholders a written 
     notice which includes--
       ``(i) a reasonable estimate of the budget for such 
     political activities,
       ``(ii) a detailed itemization of all amounts disbursed for 
     political activities for the previous 2 years,
       ``(iii) the method by which a shareholder may vote (at its 
     annual meeting or by proxy in connection with the meeting) to 
     approve or disapprove of such disbursements.
       ``(B) Limitation on amount.--
       ``(i) In general.--A corporation required to provide notice 
     under subparagraph (A) shall not make disbursements for 
     political activities for the period covered by such notice in 
     an amount greater than the amount which bears the same ratio 
     to the amount of such disbursements estimated in the notice 
     as the percentage of shares voted at an annual meeting to 
     approve such disbursements bears to the total number of 
     shares voted with respect to such issue.
       ``(ii) Special rule.--If a shareholder votes by proxy with 
     respect to 1 or more issues to be considered at an annual 
     meeting but does not vote by proxy with respect to the issue 
     of disbursement of funds for political activities, the 
     shareholder shall be treated as having voted to disapprove 
     such disbursements.
       ``(e) Political Activities.--For purposes of subsections 
     (c) and (d), the term `political activities' means 
     communications or other activities which involve donations 
     to, or participation or intervention in, any political 
     campaign or political party, including--
       ``(1) any activity described in subparagraph (A), (B), or 
     (C) of subsection (b)(2), and
       ``(2) any communication that attempts to influence 
     legislation or public policy.''
       (b) Disclosure of Certain Expenditures.--Title III of the 
     Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) 
     is amended--
       (1) in section 301(9)(B)(iii), by striking ``Federal 
     office, except'' and all that follows through the semicolon 
     and inserting ``Federal office;''; and
       (2) in section 316(b)(2), by inserting at the end the 
     following flush sentence:

     ``Disbursements made for activities described in 
     subparagraphs (A), (B), and (C) shall be reported to the 
     Commission in accordance with clauses (i) and (ii) of section 
     304(a)(4)(A).''.
       (c) Effective Date.--This section shall take effect upon 
     enactment of this Act.
                                 ______
                                 

                        DODD AMENDMENT NO. 1286

  (Ordered to lie on the table.)
  Mr. DODD submitted an amendment intended to be proposed by him to the 
bill, S. 25, supra; as follows:

       At the appropriate place, insert the following:

     SEC.   . SENSE OF THE SENATE.

       (a) Findings.--The Senate finds that--
       (1) the Federal Election Commission (referred to in this 
     section as the ``Commission'') was created in the wake of the 
     Watergate scandal to ensure the integrity of Federal 
     elections by overseeing Federal election disclosure and 
     enforcing Federal election law;
       (2) maintaining and improving the strength and 
     effectiveness of the Commission is essential to the integrity 
     of the Federal election system;
       (3) the growing volume of financial activity in election 
     campaigns and the sharply increasing number of cases 
     regarding potential violations of Federal election law make 
     it increasingly difficult for the Commission to fulfill its 
     watchdog role;
       (4) between 1994 and November, 1996, the Commission's 
     caseload rose 36 percent in the six months leading up to the 
     elections, and because complaints relating to the 1996 
     Federal elections are still being filed, the Commission 
     expects the caseload to ultimately rise by 52 percent;
       (5) As of August 30, 1997, the Commission has been only 
     able to actually work on 88 complaints of the total 262 cases 
     pending;
       (6) with this great increase in its workload the 
     Commission's budget has not increased by an amount necessary 
     to allow it to hire staff to fulfill its duties;
       (7) the proposed appropriations for the Commission for the 
     next fiscal year will not allow the Commission to hire 
     additional investigative or enforcement staff; and
       (8) the combination of a decreasing budget and an 
     increasing workload have severely impaired the Commission's 
     ability to fulfill its role.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that Congress should provide the Federal Election Commission 
     with sufficient resources and authority to allow it to

[[Page S10439]]

     fulfill its duties in a timely and effective manner.
                                 ______
                                 

                      JEFFORDS AMENDMENT NO. 1287

  (Ordered to lie on the table.)
  Mr. JEFFORDS submitted an amendment intended to be proposed by him to 
an amendment proposed by Mr. Lott to the bill, S. 25, supra; as 
follows:
       In lieu of the matter proposed to be inserted, insert:

       . REQUIREMENTS TO ENSURE EXPENDITURES OF CORPORATIONS AND 
                   EXEMPT ORGANIZATIONS FOR POLITICAL PURPOSES ARE 
                   VOLUNTARY.

       (a) In General.--Section 316 of the Federal Election 
     Campaign Act of 1971 (2 U.S.C. 441b) is amended by adding at 
     the end the following:
       ``(c) Restrictions on the Revenues of National Banks and 
     Corporations and Dues of Exempt Organizations Used for 
     Political Activities.--
       ``(1) In general.--Except as provided in this subsection, 
     it shall be unlawful--
       ``(A) for any national bank or corporation described in 
     this section to use for political activities any portion of 
     any revenues or amounts received from any shareholder or 
     employee; or
       ``(B) for any organization exempt from taxation under 
     section 501(a) of the Internal Revenue Code of 1986 (other 
     than an organization described in section 501(c)(3) of such 
     Code) to use for political activities any portion of any 
     dues, initiation fee, or other payment collected or assessed 
     from any member or nonmember of such organization.
       ``(2) Requirements.--
       ``(A) Notice.--Each bank, corporation, or organization 
     described in paragraph (1) which seeks to make any 
     disbursements for any political activities from dues, 
     initiation fees, or other payments shall--
       ``(i) provide to each individual a statement of such dues, 
     fee, or other payment before the period to which such dues, 
     fee, or payment applies, and
       ``(ii) include with each such statement a written notice 
     which includes--
       ``(I) a reasonable estimate of the budget for such 
     political activities,
       ``(II) a detailed itemization of all amounts disbursed for 
     political activities in the 2 previous years,
       ``(III) a reasonable estimate of the dollar amount of the 
     dues, fee, or payment which is to be used for such political 
     activities, and
       ``(IV) a space for the individual to check off that the 
     individual does or does not consent to the expenditure of any 
     portion of such dues, fee, or payment for political 
     activities.
     The period covered by any statement shall not exceed 12 
     months.
       ``(B) Limitation on amount--
       ``(i) In general.--An organization required to provide 
     notice under subparagraph (A) shall--(i) not make 
     disbursements for political activities for the period covered 
     by such notice in an amount greater than the amount which 
     bears the same ratio to the amount of such disbursements 
     estimated in the notice as the percentage of individuals 
     consenting to such disbursements under subparagraph 
     (A)(ii)(IV) bears to the total number of individuals making 
     payment of such dues, fees, or other payments, and
       ``(ii) with respect to each individual who does not consent 
     to such disbursements under subparagraph (A)(ii)(IV), 
     either--
       ``(I) not collect from the individual the dollar amount of 
     the dues, fee, or other payment which was used for such 
     disbursement, or
       ``(II) refund to the individual an amount equal to such 
     dollar amount.
       ``(iii) Special rule.--If such consent is not provided, no 
     portion of such dues, fees, or payments shall be used for 
     political activities.
       ``(C) Availability of records.--An organization required to 
     provide notice under subparagraph (A) shall make available to 
     any affected members and nonmembers of the organization at 
     the organization's main office any records on which the 
     information required under subparagraph (A) is based.
       ``(d) Corporate Shareholders Must Consent to Disbursements 
     for Political Activities From Funds.--
       ``(1) In general.--Except as provided in this subsection, 
     it shall be unlawful for a corporation to which this section 
     applies to make a disbursement to fund political 
     activities.
       ``(2) Requirements.--
       ``(A) In general.--Any corporation described in paragraph 
     (1) which seeks to make disbursements for political 
     activities during any 12-month period shall, in advance of 
     such period, transmit to each of its shareholders a written 
     notice which includes--
       ``(i) a reasonable estimate of the budget for such 
     political activities,
       ``(ii) a detailed itemization of all amounts disbursed for 
     political activities for the previous 2 years,
       ``(iii) the method by which a shareholder may vote (at its 
     annual meeting or by proxy in connection with the meeting) to 
     approve or disapprove of such disbursements.
       ``(B) Limitation on amount.--
       ``(i) In general.--A corporation required to provide notice 
     under subparagraph (A) shall not make disbursements for 
     political activities for the period covered by such notice in 
     an amount greater than the amount which bears the same ratio 
     to the amount of such disbursements estimated in the notice 
     as the percentage of shares voted at an annual meeting to 
     approve such disbursements bears to the total number of 
     shares voted with respect to such issue.
       ``(ii) Special rule.--If a shareholder votes by proxy with 
     respect to 1 or more issues to be considered at an annual 
     meeting but does not vote by proxy with respect to the issue 
     of disbursement of funds for political activities, the 
     shareholder shall be treated as having voted to disapprove 
     such disbursements.
       ``(e) Political Activities.--For purposes of subsections 
     (c) and (d), the term `political activities' means 
     communications or other activities which involve donations 
     to, or participation or intervention in, any political 
     campaign or political party, including--
       ``(1) any activity described in subparagraph (A), (B), or 
     (C) of subsection (b)(2), and
       ``(2) any communication that attempts to influence 
     legislation or public policy.''
       (b) Disclosure of Certain Expenditures.--Title III of the 
     Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) 
     is amended--
       (1) in section 301(9)(B)(iii), by striking ``Federal 
     office, except'' and all that follows through the semicolon 
     and inserting ``Federal office;''; and
       (2) in section 316(b)(2), by inserting at the end the 
     following flush sentence:

     ``Disbursements made for activities described in 
     subparagraphs (A), (B), and (C) shall be reported to the 
     Commission in accordance with clauses (i) and (ii) of section 
     304(a)(4)(A).''.
       (c) Effective Date.--This section shall take effect upon 
     enactment of this Act.
                                 ______
                                 

                    CHAFEE AMENDMENTS NOS. 1288-1289

  (Ordered to lie on the table.)
  Mr. CHAFEE submitted two amendments intended to be proposed by him to 
the bill, S. 25, supra; as follows:

                           Amendment No. 1288

       Beginning on page 11, strike line 4 and all that follows 
     through page 25, line 12 and insert the following:

                   TITLE II--INDEPENDENT EXPENDITURES

     SEC. 201. TREATMENT OF CERTAIN DISBURSEMENTS AS INDEPENDENT 
                   EXPENDITURES.

       (a) Treatment of Certain Disbursements as Independent 
     Expenditures.--Title III of the Federal Election Campaign Act 
     of 1971 (2 U.S.C. 431 et seq.) (as amended by section 507) is 
     amended by adding at the end the following:

     ``SEC. 327. TREATMENT OF CERTAIN DISBURSEMENTS AS INDEPENDENT 
                   EXPENDITURES

       ``(a) Findings.--Congress finds that--
       ``(1) a broadcast, advertisement, pamphlet, or other 
     communication that identifies a candidate, and that is made 
     during the 24-month period preceding the date of a general 
     election, will almost inevitably influence the outcome of the 
     election for the office sought by the candidate;
       (2) likewise, a communication that identifies a political 
     party, and that is made during that period, will almost 
     inevitably influence the outcome of elections for all 
     candidates of that party; and
       (3) the United States has an important interest in 
     protecting the integrity of the political and electoral 
     process and ensuring adequate disclosure from all persons 
     that influence the outcome of Federal elections.
       ``(b) In General.--A disbursement that is made by any 
     person to pay for a communication to the general public, or 
     by a national bank, corporation, or labor organization to pay 
     for a communication to its officers, employees, or members, 
     shall be treated as an independent expenditure for purposes 
     of section 304 if the communication--
       ``(1) is made during the 24-month period before the date of 
     a general election for Federal office;
       ``(2)(A) contains the image or likeness of, mentions the 
     name of, or otherwise expressly or by fair implication refers 
     to a candidate for Federal office in that election; or
       ``(B) contains the name or symbol of, mentions the name of, 
     or otherwise expressly or by fair implication refers to a 
     political party of which any person is a candidate for 
     Federal office in that election; and
       ``(3) is paid for and made without coordination with a 
     candidate or a candidate's authorized committees.''.
       ``(b) Conforming Amendment.--Section 301(17) of the Federal 
     Election Campaign Act of 1971 (2 U.S.C. 431(17)) is amended 
     by striking ``The term'' and inserting ``Subject to section 
     327, the term''.
                                                                    ____


                           Amendment No. 1289

       Beginning on page 45, strike line 8 and all that follows 
     through page 46, line 9.
       Beginning on page 49, strike line 9 and all that follows 
     through page 50, line 13.
                                 ______
                                 

                MOSELEY-BRAUN AMENDMENTS NOS. 1290-1293

  (Ordered to lie on the table.)
  Ms. MOSELEY-BRAUN submitted four amendments intended to be proposed 
by her to the bill, S. 25, supra; as follows:

                           Amendment No. 1290

       At the appropriate place, insert the following:

     SEC.   . LIMITATION ON USE OF CANDIDATE'S PERSONAL FUNDS IN 
                   CONNECTION WITH CANDIDATE'S ELECTION.

       (a) Findings.--Congress finds that--
       (1) a broad range of support through financial 
     participation in the election process is

[[Page S10440]]

     an important component of the democratic process;
       (2) candidates are often forced to spend a large amount of 
     funds on their election campaign because other candidates in 
     the same election spend a large amount of funds;
       (3) excess expenditures in an election campaign is wasteful 
     and potentially destructive to the democratic process; and
       (4) the limitation of contributions by candidates using 
     personal funds can help reduce the level of spending in 
     connection with a Federal election.
       (b) Limitation on Use of Candidate's Personal Funds.--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.   . LIMITATION ON USE OF CANDIDATE'S PERSONAL FUNDS.

       ``A candidate shall not make an aggregate amount of 
     contributions to the candidate's authorized committees or 
     expenditures using personal funds with respect to an election 
     in an amount in excess of 25 percent of the aggregate amount 
     of expenditures made by the candidate and the candidate's 
     committees with respect to an election.''
                                                                    ____


                           Amendment No. 1291

       At the appropriate place, insert the following:

     SEC.   . REQUIRED DISCLOSURE FOR CANDIDATE'S AUTHORIZED 
                   COMMITTEES.

       Section 304(b) of the Federal Election Campaign Act of 1971 
     (2 U.S.C. 434(b)) is amended--
       (1) in paragraph (7), by striking ``and'' at the end;
       (2) in paragraph (8), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(9) for an authorized committee, the source of any funds 
     contributed to the committee or expended by the candidate 
     using personal funds in an aggregate amount in excess of the 
     amount of the limit under section 315(a)(1)(A) during the 
     reporting period.''
                                                                    ____


                           Amendment No. 1292

       At the appropriate place, insert the following:

     SEC.   . REQUIRED DISCLOSURE IN CERTAIN COMMUNICATIONS OF THE 
                   PERSON WHO PAYS FOR THE COMMUNICATION.

       Section 318 of the Federal Election Campaign Act of 1971 (2 
     U.S.C. 441d) is amended by adding at the end the following:
       ``(c) Issue Communications.--
       ``(1) In general.--Whenever a person makes a disbursement 
     for the purpose of financing an issue communication (not 
     including an expenditure described in subsection (a)), the 
     communication shall clearly state the name of the person who 
     made the disbursement to finance the communication.
       ``(2) Definition.--The term `issue communication' means a 
     communication that--
       ``(A)(i) contains the image or likeness of, mentions the 
     name of, or otherwise expressly or by fair implication refers 
     to a candidate for Federal office; or
       ``(ii) contains the name or symbol of, mentions the name 
     of, or otherwise expressly or by fair implication refers to a 
     political party of which any person is a candidate for 
     Federal office in that election; and
       ``(B) is disseminated within 90 days of the election for 
     the office that the candidate whom the communication is in 
     connection with is seeking.
       ``(3) Exception.--This subsection shall not apply to a 
     communication that clearly has a primary purpose other than 
     that of influencing the outcome of an election for Federal 
     office or elections for Federal office.''.
                                                                    ____


                           Amendment No. 1293

       At the appropriate place, insert the following:

     SEC.   . LIMITATION ON USE OF CONTRIBUTIONS TO REPAY LOANS OF 
                   CANDIDATES.

       (a) Findings.--Congress finds that--
       (1) a broad range of support through financial 
     participation in the election process is an important 
     component of the democratic process;
       (2) candidates are often forced to spend a large amount of 
     funds on their election campaign because other candidates in 
     the same election spend a large amount of funds;
       (3) excess expenditures in an election campaign is wasteful 
     and potentially destructive to the democratic process; and
       (4) the limitation of contributions from candidates using 
     personal funds can help reduce the level of spending in 
     connection with a Federal election.
       (b) Limitation of Use of Contributions to Repay Personal 
     Debt of Candidate.--Section 313 of the Federal Election 
     Campaign Act of 1971 (2 U.S.C. 439a) is amended--
       (1) by inserting ``(a)'' before ``Amounts''; and
       (2) by adding at the end the following:
       ``(b) Limitation of Use of Contributions to Repay Personal 
     Debt.--
       ``(1) In general.--A candidate's authorized committees 
     shall not make expenditures to repay--
       ``(A) a debt or obligation incurred by the candidate in 
     connection with the election campaign of the candidate; or
       ``(B) a loan made to the committee from the candidate in 
     connection with the election campaign of the candidate;

     to the extent that the aggregate amount of such expenditures 
     exceed 15 percent of the aggregate expenditures made by the 
     candidate and the candidate's committees in the election 
     campaign.
       ``(2) Candidate.--A candidate shall not accept from the 
     candidates authorized committees any amount that is used to 
     repay, or that constitutes a repayment of, any loan described 
     in paragraph (1) to the extent that the aggregate amount 
     received by the candidate exceeds the limitation under 
     paragraph (1), reduced by expenditures described in such 
     paragraph to persons other than the candidate.''.
                                 ______
                                 

                   CLELAND AMENDMENTS NOS. 1294-1299

  (Ordered to lie on the table.)
  Mr. CLELAND submitted six amendments intended to be proposed by him 
to the bill, S. 25, supra; as follows:

                           Amendment No. 1294

       On page 52, between lines 12 and 13, insert the following:

     SEC. 510. REQUIRED CONTRIBUTOR CERTIFICATION.

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


                           Amendment No. 1295

       On page 52, between lines 12 and 13, insert the following:

     SEC. 510. RESTRUCTURING OF THE FEDERAL ELECTION COMMISSION.

       (a) In General.--So much of section 306(a) of the Federal 
     Election Campaign Act of 1971 (2 U.S.C. 437c(a)) as precedes 
     paragraph (2) is amended to read as follows:
       (1) by striking ``(a)(1) There'' and inserting the 
     following:
       ``(a) Composition of Commission.--
       ``(1) In general.--
       ``(A) Establishment.--There is established a commission to 
     be known as the Federal Election Commission.
       ``(B) Appointment of members.--The Commission shall be 
     composed of 7 members appointed by the President, by and with 
     the advice and consent of the Senate, of which 1 member shall 
     be appointed by the President from nominees recommended under 
     subparagraph (C).
       ``(C) Nominations.--
       ``(i) In general.--The Supreme Court shall recommend 10 
     nominees from which the President shall appoint a member of 
     the Commission.
       ``(ii) Qualifications.--The nominees recommended under 
     clause (i) shall be individuals who have not, during the time 
     period beginning on the date that is 5 years prior to the 
     date of the nomination and ending on the date of the 
     nomination--
       ``(I) held elective office as a member of the Democratic or 
     Republican political party;
       ``(II) received any wages from the Democratic or Republican 
     political party; or
       ``(III) provided substantial volunteer services or made any 
     substantial contribution to the Democratic or Republican 
     political party or to a public officeholder or candidate for 
     public office who is associated with the Democratic or 
     Republican political party.
       ``(D) Limit on party affiliation.--Of the 6 members not 
     appointed pursuant to subparagraph (C), no more than 3 
     members may be affiliated with the same political party.''; 
     and (3) by striking paragraph (5) and inserting the 
     following:
       ``(5) Chair; vice chair.--
       ``(A) In general.--A member appointed under paragraph 
     (1)(C) shall serve as chair of the Commission and the 
     Commission shall elect a vice chair from among the 
     Commission's members.
       ``(B) Affiliation.--The chair and the vice chair shall not 
     be affiliated with the same political party.
       ``(C) Vacancy.--The vice chair shall act as chair in the 
     absence or disability of the chair or in the event of a 
     vacancy of the chair.''.
       (b) Effective Date.--
       (1) In general.--The term of the seventh member of the 
     Federal Election Commission appointed under section 
     306(a)(1)(C) of the Federal Election Campaign Act of 1971 
     shall begin on May 1, 1999.
       (2) Current members.--Any member of the Federal Election 
     Commission serving a term on the date of enactment (or any 
     successor of such term) shall continue to serve until the 
     expiration of the term.
                                                                    ____


                           Amendment No. 1296

       On page 52, between lines 12 and 13, insert the following:

     SEC. 510. FILING FEES.

       (a) Schedule.--The Federal Election Commission shall 
     establish by regulation a schedule of filing fees that apply 
     to persons required to file a report under the Federal 
     Election Campaign Act of 1971 (2 U.S.C. 431 et seq.).
       (b) Requirements.--A filing fee schedule established under 
     subsection (a) shall--
       (1) be printed in the Federal Register not less than 30 
     days before a fiscal year begins;
       (2) contain sufficient fees to meet the estimated operating 
     costs of the Federal Election Commission for the next fiscal 
     year; and

[[Page S10441]]

       (3) provide a waiver of fees for persons required to file a 
     report with the Federal Election Commission if such fee would 
     be a substantial hardship to such person.
       (a) Appropriations.--Any fees collected pursuant to this 
     section are hereby appropriated for use by the Federal 
     Election Commission in carrying out its duties under the 
     Federal Election Campaign Act of 1971 and shall remain 
     available without fiscal year limitation.
       (d) Effective Date.--This section shall apply to fiscal 
     years beginning after the date that is 2 years after the date 
     of enactment of this Act.
                                                                    ____


                           Amendment No. 1297

       On page 52, between lines 12 and 13, insert the following:

     SEC. 510. INDEPENDENT LITIGATION AUTHORITY.

       Section 306(f) of the Federal Election Campaign Act of 1971 
     (2 U.S.C. 437c(f)) is amended by striking paragraph (4) and 
     inserting the following:
       ``(4) Independent litigating authority.--
       ``(A) In general.--Notwithstanding paragraph (2) or any 
     other provision of law, the Commission is authorized to 
     appear on the Commission's behalf in any action related to 
     the exercise of the Commission's statutory duties or powers 
     in any court as either a party or as amicus curiae, either--
       ``(i) by attorneys employed in its office, or
       ``(ii) by counsel whom the Commission may appoint, on a 
     temporary basis as may be necessary for such purpose, without 
     regard to the provisions of title 5, United States Code, 
     governing appointments in the competitive service, and whose 
     compensation it may fix without regard to the provisions of 
     chapter 51 and subchapter III of chapter 53 of such title, 
     and whose compensation shall be paid out of any funds 
     otherwise available to pay the compensation of employees of 
     the Commission.
       ``(B) Supreme court.--The authority granted under 
     subparagraph (A) includes the power to appeal from, and 
     petition the Supreme Court for certiorari from, and petition 
     the Supreme Court for certiorari to review, judgments or 
     decrees entered with respect to actions in which the 
     Commission appears under the authority provided in this 
     section.''.
                                                                    ____


                           Amendment No. 1298

       On page 52, between lines 12 and 13, insert the following:

     SEC. 510. LIMIT ON TIME TO ACCEPT CONTRIBUTIONS.

       (a) Time To Accept Contributions.--Section 315 of the 
     Federal Election Campaign Act of 1971 (2 U.S.C. 441a) is 
     amended by adding at the end the following:
       ``(i) Time To Accept Contributions.--
       ``(1) In general.--A candidate for nomination to, or 
     election to, the Senate or House of Representatives shall not 
     accept a contribution from any person during an election 
     cycle in connection with the candidate's campaign except 
     during a contribution period.
       ``(2) Contribution period.--In this subsection, the term 
     `contribution period' means, with respect to a candidate, the 
     period of time that--
       ``(A) begins on the date that is the earlier of--
       ``(i) January 1 of the year in which an election for the 
     seat that the candidate is seeking occurs; or
       ``(ii) 90 days before the date on which the candidate will 
     qualify under State law to be placed on the ballot for the 
     primary election for the seat that the candidate is seeking; 
     and
       ``(B) ends on the date that is 5 days after the date of the 
     general election for the seat that the candidate is seeking.
       ``(3) Exceptions.--
       ``(A) Debts incurred during election cycle.--A candidate 
     may accept a contribution after the end of a contribution 
     period to make an expenditure in connection with a debt or 
     obligation incurred in connection with the election during 
     the election cycle.
       ``(B) Acceptance of contributions in response to opponent's 
     carryover funds.--
       ``(i) In general.--A candidate may accept an aggregate 
     amount of contributions before the contribution period begins 
     in an amount equal to 125 percent of the amount of carryover 
     funds of an opponent in the same election.
       ``(ii) Carryover funds of opponent.--In clause (i), the 
     term `carryover funds of an opponent' means the aggregate 
     amount of contributions that an opposing candidate and the 
     candidate's authorized committees transfers from a previous 
     election cycle to the current election cycle.''.
       (b) Definition of Election Cycle.--Section 301 of the 
     Federal Election Campaign Act of 1971 (2 U.S.C. 431) (as 
     amended by section 307(b)) is amended by adding at the end 
     the following:
       ``(22) Election cycle.--The term `election cycle' means the 
     period beginning on the day after the date of the most recent 
     general election for the specific office or seat that a 
     candidate is seeking and ending on the date of the next 
     general election for that office or seat.''.
                                                                    ____


                           Amendment No. 1299

       On page 52, between lines 12 and 13, insert the following:

     SEC. 510. REQUIRED CONTRIBUTOR CERTIFICATION.

       Section 301(13) of the Federal Election Campaign Act of 
     1971 (2 U.S.C. 431(13)) is amended--
       (1) in subparagraph (A)--
       (A) by striking ``and'' the first place it appears; and
       (B) by inserting ``, and, in the case of an individual who 
     has made aggregate contributions in excess of $500, an 
     affirmation that the individual is an individual who is not 
     prohibited by sections 319 and 320 from making the 
     contribution'' after ``employer''; and
       (2) in subparagraph (B) by inserting ``and, in the case of 
     a person who has made aggregate contributions in excess of 
     $500, an affirmation that the person is a person that is not 
     prohibited by sections 319 and 320 from making a 
     contribution'' after ``such person''.

                          ____________________