[Congressional Record Volume 144, Number 70 (Wednesday, June 3, 1998)]
[House]
[Pages H4056-H4063]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                               AMENDMENTS

  Under clause 6 of rule XXIII, proposed amendments were submitted as 
follows:

                               H.R. 2183

                         Offered By Mrs. Capps

       (To the Amendment Offered By Mr. Hutchinson or Mr. Allen)

       Amendment No. 36: Strike titles III and IV and insert the 
     following:
    TITLE III--INDEPENDENT AND COORDINATED EXPENDITURES; EXPANDING 
                       DISCLOSURE OF INFORMATION
          Subtitle A--Independent and Coordinated Expenditures

     SEC. 301. DEFINITIONS.

       (a) Definition of Independent Expenditure.--Section 301 of 
     the Federal Election Campaign Act (2 U.S.C. 431) is amended 
     by striking paragraph (17) and inserting the following:
       ``(17) Independent expenditure.--
       ``(A) In general.--The term `independent expenditure' means 
     an expenditure by a person--
       ``(i) for a communication that is express advocacy; and
       ``(ii) that is not provided in coordination with a 
     candidate or a candidate's agent or a person who is 
     coordinating with a candidate or a candidate's agent.''.
       (b) Definition of Express Advocacy.--Section 301 of the 
     Federal Election Campaign Act of 1971 (2 U.S.C. 431) is 
     amended by adding at the end the following:
       ``(20) Express Advocacy.--
       ``(A) In general.--The term `express advocacy' means a 
     communication that advocates the election or defeat of a 
     candidate by--
       ``(i) containing a phrase such as `vote for', `re-elect', 
     `support', `cast your ballot for', `(name of candidate) for 
     Congress', `(name of candidate) in 1999', `vote against', 
     `defeat', `reject', or a campaign slogan or words that in 
     context can have no reasonable meaning other than to advocate 
     the election or defeat of 1 or more clearly identified 
     candidates;
       ``(ii) referring to 1 or more clearly identified candidates 
     in a paid advertisement that is transmitted through radio or 
     television within 60 calendar days preceding the date of an 
     election of the candidate and that appears in the State in 
     which the election is occurring, except that with respect to 
     a candidate for the office of Vice President or President, 
     the time period is within 60 calendar days preceding the date 
     of a general election; or
       ``(iii) expressing unmistakable and unambiguous support for 
     or opposition to 1 or more clearly identified candidates when 
     taken as a whole and with limited reference to external 
     events, such as proximity to an election.
       ``(B) Voting record and voting guide exception.--The term 
     `express advocacy' does not include a printed communication 
     that--
       ``(i) presents information in an educational manner solely 
     about the voting record or position on a campaign issue of 2 
     or more candidates;
       ``(ii) that is not made in coordination with a candidate, 
     political party, or agent of the candidate or party; or a 
     candidate's agent or a person who is coordinating with a 
     candidate or a candidate's agent;
       ``(iii) does not contain a phrase such as `vote for', `re-
     elect', `support', `cast your ballot for', `(name of 
     candidate) for Congress', `(name of candidate) in 1999', 
     `vote against', `defeat', or `reject', or a campaign slogan 
     or words that in context can have no reasonable meaning other 
     than to urge the election or defeat of 1 or more clearly 
     identified candidates.''.
       (c) Definition of Expenditure.--Section 301(9)(A) of the 
     Federal Election Campaign Act of 1971 (2 U.S.C. 431(9)(A)) is 
     amended--
       (1) in clause (i), by striking ``and'' at the end;
       (2) in clause (ii), by striking the period at the end; and
       (3) by adding at the end the following:
       ``(iii) a payment for a communication that is express 
     advocacy; and
       ``(iv) a payment made by a person for a communication 
     that--
       ``(I) refers to a clearly identified candidate;
       ``(II) is provided in coordination with the candidate, the 
     candidate's agent, or the political party of the candidate; 
     and
       ``(III) is for the purpose of influencing a Federal 
     election (regardless of whether the communication is express 
     advocacy).''.

     SEC. 302. CIVIL PENALTY.

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

[[Page H4057]]

     SEC. 303. REPORTING REQUIREMENTS FOR CERTAIN INDEPENDENT 
                   EXPENDITURES.

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

     SEC. 305. COORDINATION WITH CANDIDATES.

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

     SEC. 311. REQUIRING MONTHLY FILING OF REPORTS.

       (a) Principal Campaign Committees.--Section 
     304(a)(2)(A)(iii) of the Federal Election Campaign Act of 
     1971 (2 U.S.C. 434(a)(2)(A)(iii)) is amended to read as 
     follows:
       ``(iii) monthly reports, which shall be filed no later than 
     the 20th day after the last day of the month and shall be 
     complete as of the last day of the month, except that, in 
     lieu of filing the reports otherwise due in November and 
     December of the year, a pre-general election report shall be 
     filed in accordance with clause (i), a post-general election 
     report shall be filed in accordance with clause (ii), and a 
     year end report shall be filed no later than January 31 of 
     the following calendar year.''.
       (b) Other Political Committees.--Section 304(a)(4) of such 
     Act (2 U.S.C. 434(a)(4)) is amended to read as follows:
       ``(4)(A) In a calendar year in which a regularly scheduled 
     general election is held, all political committees other than 
     authorized committees of a candidate shall file--
       ``(i) monthly reports, which shall be filed no later than 
     the 20th day after the last day of the month and shall be 
     complete as of the last day of the month, except that, in 
     lieu of filing the reports otherwise due in November and 
     December of the year, a pre-general election report shall be 
     filed in accordance with clause (ii), a post-general election 
     report shall be filed in accordance with clause (iii), and a 
     year end report shall be filed no later than January 31 of 
     the following calendar year;
       ``(ii) a pre-election report, which shall be filed no later 
     than the 12th day before (or posted by registered or 
     certified mail no later than the 15th day before) any 
     election in which the committee makes a contribution to or 
     expenditure on behalf of a candidate in such election, and 
     which shall be complete as of the 20th day before the 
     election; and
       ``(iii) a post-general election report, which shall be 
     filed no later than the 30th day after the general election 
     and which shall be complete as of the 20th day after such 
     general election.
       ``(B) In any other calendar year, all political committees 
     other than authorized committees of a candidate shall file a 
     report covering the period beginning January 1 and ending 
     June 30, which shall be filed no later than July 31 and a 
     report covering the period beginning July 1 and ending 
     December 31, which shall be filed no later than January 31 of 
     the following calendar year.''.
       (c) Conforming Amendments.--(1) Section 304(a) of such Act 
     (2 U.S.C. 434(a)) is amended by striking paragraph (8).
       (2) Section 309(b) of such Act (2 U.S.C. 437g(b)) is 
     amended by striking ``for the calendar quarter'' and 
     inserting ``for the month''.

     SEC. 312. MANDATORY ELECTRONIC FILING FOR CERTAIN REPORTS.

       (a) In General.--Section 304(a)(11)(A) of the Federal 
     Election Campaign Act of 1971 (2 U.S.C. 434(a)(11)(A)) is 
     amended by striking the period at the end and inserting the 
     following: ``, except that the Commission shall

[[Page H4058]]

     require the reports to be filed and preserved by such means, 
     format, or method, unless the aggregate amount of 
     contributions or expenditures (as the case may be) reported 
     by the committee in all reports filed with respect to the 
     election involved (taking into account the period covered by 
     the report) is less than $50,000.''.
       (b) Providing Standardized Software Package.--Section 
     304(a)(11) of such Act (2 U.S.C. 434(a)(11)) is amended--
       (1) by redesignating subparagraph (C) as subparagraph (D); 
     and
       (2) by inserting after subparagraph (B) the following new 
     subparagraph:
       ``(C) The Commission shall make available without charge a 
     standardized package of software to enable persons filing 
     reports by electronic means to meet the requirements of this 
     paragraph.''.

     SEC. 313. WAIVER OF ``BEST EFFORTS'' EXCEPTION FOR 
                   INFORMATION ON OCCUPATION OF INDIVIDUAL 
                   CONTRIBUTORS.

       Section 302(i) of the Federal Election Campaign Act of 1971 
     (2 U.S.C. 432(i)) is amended--
       (1) by striking ``(i) When the treasurer'' and inserting 
     ``(i)(1) Except as provided in paragraph (2), when the 
     treasurer''; and
       (2) by adding at the end the following new paragraph:
       ``(2) Paragraph (1) shall not apply with respect to 
     information regarding the occupation or the name of the 
     employer of any individual who makes a contribution or 
     contributions aggregating more than $200 during a calendar 
     year (as required to be provided under subsection (c)(3)).''.
          TITLE IV--SEVERABILITY; EFFECTIVE DATE; REGULATIONS

     SEC. 401. 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. 402. EFFECTIVE DATE.

       Except as otherwise provided in this Act, this Act and the 
     amendments made by this Act take effect January 1, 1999.

     SEC. 403. 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 180 days after the date of 
     the enactment of this Act.

                               H.R. 2183

                         Offered by: Mrs. Capps

              (To the Amendment Offered By: Mr. Campbell)

       Amendment No. 37: Strike title IV and insert the following:
           TITLE IV--INDEPENDENT AND COORDINATED EXPENDITURES

     SEC. 401. DEFINITIONS.

       (a) Definition of Independent Expenditure.--Section 301 of 
     the Federal Election Campaign Act (2 U.S.C. 431) is amended 
     by striking paragraph (17) and inserting the following:
       ``(17) Independent expenditure.--
       ``(A) In general.--The term `independent expenditure' means 
     an expenditure by a person--
       ``(i) for a communication that is express advocacy; and
       ``(ii) that is not provided in coordination with a 
     candidate or a candidate's agent or a person who is 
     coordinating with a candidate or a candidate's agent.''.
       (b) Definition of Express Advocacy.--Section 301 of the 
     Federal Election Campaign Act of 1971 (2 U.S.C. 431) is 
     amended by adding at the end the following:
       ``(20) Express Advocacy.--
       ``(A) In general.--The term `express advocacy' means a 
     communication that advocates the election or defeat of a 
     candidate by--
       ``(i) containing a phrase such as `vote for', `re-elect', 
     `support', `cast your ballot for', `(name of candidate) for 
     Congress', `(name of candidate) in 1999', `vote against', 
     `defeat', `reject', or a campaign slogan or words that in 
     context can have no reasonable meaning other than to advocate 
     the election or defeat of 1 or more clearly identified 
     candidates;
       ``(ii) referring to 1 or more clearly identified candidates 
     in a paid advertisement that is transmitted through radio or 
     television within 60 calendar days preceding the date of an 
     election of the candidate and that appears in the State in 
     which the election is occurring, except that with respect to 
     a candidate for the office of Vice President or President, 
     the time period is within 60 calendar days preceding the date 
     of a general election; or
       ``(iii) expressing unmistakable and unambiguous support for 
     or opposition to 1 or more clearly identified candidates when 
     taken as a whole and with limited reference to external 
     events, such as proximity to an election.
       ``(B) Voting record and voting guide exception.--The term 
     `express advocacy' does not include a printed communication 
     that--
       ``(i) presents information in an educational manner solely 
     about the voting record or position on a campaign issue of 2 
     or more candidates;
       ``(ii) that is not made in coordination with a candidate, 
     political party, or agent of the candidate or party; or a 
     candidate's agent or a person who is coordinating with a 
     candidate or a candidate's agent;
       ``(iii) does not contain a phrase such as `vote for', `re-
     elect', `support', `cast your ballot for', `(name of 
     candidate) for Congress', `(name of candidate) in 1999', 
     `vote against', `defeat', or `reject', or a campaign slogan 
     or words that in context can have no reasonable meaning other 
     than to urge the election or defeat of 1 or more clearly 
     identified candidates.''.
       (c) Definition of Expenditure.--Section 301(9)(A) of the 
     Federal Election Campaign Act of 1971 (2 U.S.C. 431(9)(A)) is 
     amended--
       (1) in clause (i), by striking ``and'' at the end;
       (2) in clause (ii), by striking the period at the end; and
       (3) by adding at the end the following:
       ``(iii) a payment for a communication that is express 
     advocacy; and
       ``(iv) a payment made by a person for a communication 
     that--
       ``(I) refers to a clearly identified candidate;
       ``(II) is provided in coordination with the candidate, the 
     candidate's agent, or the political party of the candidate; 
     and
       ``(III) is for the purpose of influencing a Federal 
     election (regardless of whether the communication is express 
     advocacy).''.

     SEC. 402. CIVIL PENALTY.

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

     SEC. 403. REPORTING REQUIREMENTS FOR CERTAIN INDEPENDENT 
                   EXPENDITURES.

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

     SEC. 404. COORDINATION WITH CANDIDATES.

       (a) Definition of Coordination With Candidates.--
       (1) Section 301(8).--Section 301(8) of the Federal Election 
     Campaign Act of 1971 (2 U.S.C. 431(8)) is amended--
       (A) in subparagraph (A)--
       (i) by striking ``or'' at the end of clause (i);
       (ii) by striking the period at the end of clause (ii) and 
     inserting ``; or''; and
       (iii) by adding at the end the following:
       ``(iii) anything of value provided by a person in 
     coordination with a candidate for the purpose of influencing 
     a Federal election, regardless of whether the value being 
     provided is a communication that is express advocacy, in 
     which such candidate seeks nomination or election to Federal 
     office.''; and

[[Page H4059]]

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

       Except as otherwise provided in this Act, this Act and the 
     amendments made by this Act take effect January 1, 1999.

     SEC. 503. 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 180 days after the date of 
     the enactment of this Act.

                               H.R. 2183

                         Offered By: Mrs. Capps

              (To the Amendment Offered By Mr. Doolittle)

       Amendment No. 38: Add at the end the following new 
     sections:

     SEC. 7. INDEPENDENT AND COORDINATED EXPENDITURES.

       (a) Definitions.--
       (1) Definition of independent expenditure.--Section 301 of 
     the Federal Election Campaign Act (2 U.S.C. 431) is amended 
     by striking paragraph (17) and inserting the following:
       ``(17) Independent expenditure.--
       ``(A) In general.--The term `independent expenditure' means 
     an expenditure by a person--
       ``(i) for a communication that is express advocacy; and
       ``(ii) that is not provided in coordination with a 
     candidate or a candidate's agent or a person who is 
     coordinating with a candidate or a candidate's agent.''.
       (2) Definition of express advocacy.--Section 301 of the 
     Federal Election Campaign Act of 1971 (2 U.S.C. 431) is 
     amended by adding at the end the following:
       ``(20) Express Advocacy.--
       ``(A) In general.--The term `express advocacy' means a 
     communication that advocates the election or defeat of a 
     candidate by--
       ``(i) containing a phrase such as `vote for', `re-elect', 
     `support', `cast your ballot for', `(name of candidate) for 
     Congress', `(name of candidate) in 1999', `vote against', 
     `defeat', `reject', or a campaign slogan or words that in 
     context can have no reasonable meaning other than to advocate 
     the election or defeat of 1 or more clearly identified 
     candidates;
       ``(ii) referring to 1 or more clearly identified candidates 
     in a paid advertisement that is transmitted through radio or 
     television within 60 calendar days preceding the date of an 
     election of the candidate and that appears in the State in 
     which the election is occurring, except that with respect to 
     a candidate for the office of Vice President or President, 
     the time period is within 60 calendar days preceding the date 
     of a general election; or
       ``(iii) expressing unmistakable and unambiguous support for 
     or opposition to 1 or more clearly identified candidates when 
     taken as a whole and with limited reference to external 
     events, such as proximity to an election.
       ``(B) Voting record and voting guide exception.--The term 
     `express advocacy' does not include a printed communication 
     that--
       ``(i) presents information in an educational manner solely 
     about the voting record or position on a campaign issue of 2 
     or more candidates;
       ``(ii) that is not made in coordination with a candidate, 
     political party, or agent of the candidate or party; or a 
     candidate's agent or a person who is coordinating with a 
     candidate or a candidate's agent;
       ``(iii) does not contain a phrase such as `vote for', `re-
     elect', `support', `cast your ballot for', `(name of 
     candidate) for Congress', `(name of candidate) in 1999', 
     `vote against', `defeat', or `reject', or a campaign slogan 
     or words that in context can have no reasonable meaning other 
     than to urge the election or defeat of 1 or more clearly 
     identified candidates.''.
       (3) Definition of expenditure.--Section 301(9)(A) of the 
     Federal Election Campaign Act of 1971 (2 U.S.C. 431(9)(A)) is 
     amended--
       (A) in clause (i), by striking ``and'' at the end;
       (B) in clause (ii), by striking the period at the end; and
       (C) by adding at the end the following:
       ``(iii) a payment for a communication that is express 
     advocacy; and
       ``(iv) a payment made by a person for a communication 
     that--
       ``(I) refers to a clearly identified candidate;
       ``(II) is provided in coordination with the candidate, the 
     candidate's agent, or the political party of the candidate; 
     and
       ``(III) is for the purpose of influencing a Federal 
     election (regardless of whether the communication is express 
     advocacy).''.
       (b) Civil Penalty.--Section 309 of the Federal Election 
     Campaign Act of 1971 (2 U.S.C. 437g) is amended--
       (1) in subsection (a)--
       (A) in paragraph (4)(A)--
       (i) in clause (i), by striking ``clause (ii)'' and 
     inserting ``clauses (ii) and (iii)''; and
       (ii) by adding at the end the following:
       ``(iii) If the Commission determines by an affirmative vote 
     of 4 of its members that there is probable cause to believe 
     that a person has made a knowing and willful violation of 
     section 304(c), the Commission shall not enter into a 
     conciliation agreement under this paragraph and may institute 
     a civil action for relief under paragraph (6)(A).''; and
       (B) in paragraph (6)(B), by inserting ``(except an action 
     instituted in connection with a knowing and willful violation 
     of section 304(c))'' after ``subparagraph (A)''; and
       (2) in subsection (d)(1)--
       (A) in subparagraph (A), by striking ``Any person'' and 
     inserting ``Except as provided in subparagraph (D), any 
     person''; and
       (B) by adding at the end the following:
       ``(D) In the case of a knowing and willful violation of 
     section 304(c) that involves the reporting of an independent 
     expenditure, the

[[Page H4060]]

     violation shall not be subject to this subsection.''.
       (c) Reporting Requirements for Certain Independent 
     Expenditures.--Section 304 of the Federal Election Campaign 
     Act of 1971 (2 U.S.C. 434), as amended by sections 4(b) and 
     5(c), is further amended--
       (1) in subsection (c)(2), by striking the undesignated 
     matter after subparagraph (C);
       (2) by redesignating paragraph (3) of subsection (c) as 
     subsection (g); and
       (3) by inserting after subsection (c)(2) (as amended by 
     paragraph (1)) the following:
       ``(f) Time for Reporting Certain Expenditures.--
       ``(1) Expenditures aggregating $1,000.--
       ``(A) Initial report.--A person (including a political 
     committee) that makes or contracts to make independent 
     expenditures aggregating $1,000 or more after the 20th day, 
     but more than 24 hours, before the date of an election shall 
     file a report describing the expenditures within 24 hours 
     after that amount of independent expenditures has been made.
       ``(B) Additional reports.--After a person files a report 
     under subparagraph (A), the person shall file an additional 
     report within 24 hours after each time the person makes or 
     contracts to make independent expenditures aggregating an 
     additional $1,000 with respect to the same election as that 
     to which the initial report relates.
       ``(2) Expenditures aggregating $10,000.--
       ``(A) Initial report.--A person (including a political 
     committee) that makes or contracts to make independent 
     expenditures aggregating $10,000 or more at any time up to 
     and including the 20th day before the date of an election 
     shall file a report describing the expenditures within 48 
     hours after that amount of independent expenditures has been 
     made.
       ``(B) Additional reports.--After a person files a report 
     under subparagraph (A), the person shall file an additional 
     report within 48 hours after each time the person makes or 
     contracts to make independent expenditures aggregating an 
     additional $10,000 with respect to the same election as that 
     to which the initial report relates.
       ``(3) Place of filing; contents.--A report under this 
     subsection--
       ``(A) shall be filed with the Commission; and
       ``(B) shall contain the information required by subsection 
     (b)(6)(B)(iii), including the name of each candidate whom an 
     expenditure is intended to support or oppose.''.
       (d) Coordination With Candidates.--
       (1) Definition of coordination with candidates.--
       (A) Section 301(8).--Section 301(8) of the Federal Election 
     Campaign Act of 1971 (2 U.S.C. 431(8)) is amended--
       (i) in subparagraph (A)--

       (I) by striking ``or'' at the end of clause (i);
       (II) by striking the period at the end of clause (ii) and 
     inserting ``; or''; and
       (III) by adding at the end the following:

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

     SEC. 8. 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. 9. EFFECTIVE DATE.

       Except as otherwise provided in this Act, this Act and the 
     amendments made by this Act take effect January 1, 1999.

     SEC. 10. 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 180 days after the date of 
     the enactment of this Act.

                               H.R. 2183

                         Offered By: Mrs. Capps

             (To the Amendment Offered By: Mr. Snowbarger)

       Amendment No. 39: Add at the end the following new 
     sections:

     SEC. 9. INDEPENDENT AND COORDINATED EXPENDITURES.

       (a) Definitions.--
       (1) Definition of independent expenditure.--Section 301 of 
     the Federal Election Campaign Act (2 U.S.C. 431) is amended 
     by striking paragraph (17) and inserting the following:
       ``(17) Independent expenditure.--
       ``(A) In general.--The term `independent expenditure' means 
     an expenditure by a person--
       ``(i) for a communication that is express advocacy; and
       ``(ii) that is not provided in coordination with a 
     candidate or a candidate's agent or a person who is 
     coordinating with a candidate or a candidate's agent.''.
       (2) Definition of express advocacy.--Section 301 of the 
     Federal Election Campaign Act of 1971 (2 U.S.C. 431) is 
     amended by adding at the end the following:
       ``(20) Express Advocacy.--
       ``(A) In general.--The term `express advocacy' means a 
     communication that advocates the election or defeat of a 
     candidate by--
       ``(i) containing a phrase such as `vote for', `re-elect', 
     `support', `cast your ballot for', `(name of candidate) for 
     Congress', `(name of candidate) in 1999', `vote against', 
     `defeat', `reject', or a campaign slogan or words that in 
     context can have no reasonable meaning other than to advocate 
     the election or defeat of 1 or more clearly identified 
     candidates;
       ``(ii) referring to 1 or more clearly identified candidates 
     in a paid advertisement that is transmitted through radio or 
     television within 60 calendar days preceding the date of an 
     election of the candidate and that appears in the State in 
     which the election is occurring, except that with respect to 
     a candidate for the office of Vice President or President, 
     the time period is within 60 calendar days preceding the date 
     of a general election; or
       ``(iii) expressing unmistakable and unambiguous support for 
     or opposition to 1 or

[[Page H4061]]

     more clearly identified candidates when taken as a whole and 
     with limited reference to external events, such as proximity 
     to an election.
       ``(B) Voting record and voting guide exception.--The term 
     `express advocacy' does not include a printed communication 
     that--
       ``(i) presents information in an educational manner solely 
     about the voting record or position on a campaign issue of 2 
     or more candidates;
       ``(ii) that is not made in coordination with a candidate, 
     political party, or agent of the candidate or party; or a 
     candidate's agent or a person who is coordinating with a 
     candidate or a candidate's agent;
       ``(iii) does not contain a phrase such as `vote for', `re-
     elect', `support', `cast your ballot for', `(name of 
     candidate) for Congress', `(name of candidate) in 1999', 
     `vote against', `defeat', or `reject', or a campaign slogan 
     or words that in context can have no reasonable meaning other 
     than to urge the election or defeat of 1 or more clearly 
     identified candidates.''.
       (3) Definition of expenditure.--Section 301(9)(A) of the 
     Federal Election Campaign Act of 1971 (2 U.S.C. 431(9)(A)) is 
     amended--
       (A) in clause (i), by striking ``and'' at the end;
       (B) in clause (ii), by striking the period at the end; and
       (C) by adding at the end the following:
       ``(iii) a payment for a communication that is express 
     advocacy; and
       ``(iv) a payment made by a person for a communication 
     that--
       ``(I) refers to a clearly identified candidate;
       ``(II) is provided in coordination with the candidate, the 
     candidate's agent, or the political party of the candidate; 
     and
       ``(III) is for the purpose of influencing a Federal 
     election (regardless of whether the communication is express 
     advocacy).''.
       (b) Civil Penalty.--Section 309 of the Federal Election 
     Campaign Act of 1971 (2 U.S.C. 437g) is amended--
       (1) in subsection (a)--
       (A) in paragraph (4)(A)--
       (i) in clause (i), by striking ``clause (ii)'' and 
     inserting ``clauses (ii) and (iii)''; and
       (ii) by adding at the end the following:
       ``(iii) If the Commission determines by an affirmative vote 
     of 4 of its members that there is probable cause to believe 
     that a person has made a knowing and willful violation of 
     section 304(c), the Commission shall not enter into a 
     conciliation agreement under this paragraph and may institute 
     a civil action for relief under paragraph (6)(A).''; and
       (B) in paragraph (6)(B), by inserting ``(except an action 
     instituted in connection with a knowing and willful violation 
     of section 304(c))'' after ``subparagraph (A)''; and
       (2) in subsection (d)(1)--
       (A) in subparagraph (A), by striking ``Any person'' and 
     inserting ``Except as provided in subparagraph (D), any 
     person''; and
       (B) by adding at the end the following:
       ``(D) In the case of a knowing and willful violation of 
     section 304(c) that involves the reporting of an independent 
     expenditure, the violation shall not be subject to this 
     subsection.''.
       (c) Reporting Requirements for Certain Independent 
     Expenditures.--Section 304 of the Federal Election Campaign 
     Act of 1971 (2 U.S.C. 434), as amended by section 3(c), is 
     amended--
       (1) in subsection (c)(2), by striking the undesignated 
     matter after subparagraph (C);
       (2) by redesignating paragraph (3) of subsection (c) as 
     subsection (f); and
       (3) by inserting after subsection (c)(2) (as amended by 
     paragraph (1)) the following:
       ``(e) Time for Reporting Certain Expenditures.--
       ``(1) Expenditures aggregating $1,000.--
       ``(A) Initial report.--A person (including a political 
     committee) that makes or contracts to make independent 
     expenditures aggregating $1,000 or more after the 20th day, 
     but more than 24 hours, before the date of an election shall 
     file a report describing the expenditures within 24 hours 
     after that amount of independent expenditures has been made.
       ``(B) Additional reports.--After a person files a report 
     under subparagraph (A), the person shall file an additional 
     report within 24 hours after each time the person makes or 
     contracts to make independent expenditures aggregating an 
     additional $1,000 with respect to the same election as that 
     to which the initial report relates.
       ``(2) Expenditures aggregating $10,000.--
       ``(A) Initial report.--A person (including a political 
     committee) that makes or contracts to make independent 
     expenditures aggregating $10,000 or more at any time up to 
     and including the 20th day before the date of an election 
     shall file a report describing the expenditures within 48 
     hours after that amount of independent expenditures has been 
     made.
       ``(B) Additional reports.--After a person files a report 
     under subparagraph (A), the person shall file an additional 
     report within 48 hours after each time the person makes or 
     contracts to make independent expenditures aggregating an 
     additional $10,000 with respect to the same election as that 
     to which the initial report relates.
       ``(3) Place of filing; contents.--A report under this 
     subsection--
       ``(A) shall be filed with the Commission; and
       ``(B) shall contain the information required by subsection 
     (b)(6)(B)(iii), including the name of each candidate whom an 
     expenditure is intended to support or oppose.''.
       (d) Coordination With Candidates.--
       (1) Definition of coordination with candidates.--
       (A) Section 301(8).--Section 301(8) of the Federal Election 
     Campaign Act of 1971 (2 U.S.C. 431(8)) is amended--
       (i) in subparagraph (A)--
       (I) by striking ``or'' at the end of clause (i);
       (II) by striking the period at the end of clause (ii) and 
     inserting ``; or''; and
       (III) by adding at the end the following:
       ``(iii) anything of value provided by a person in 
     coordination with a candidate for the purpose of influencing 
     a Federal election, regardless of whether the value being 
     provided is a communication that is express advocacy, in 
     which such candidate seeks nomination or election to Federal 
     office.''; and
       (ii) by adding at the end the following:
       ``(C) The term `provided in coordination with a candidate' 
     includes--
       ``(i) a payment made by a person in cooperation, 
     consultation, or concert with, at the request or suggestion 
     of, or pursuant to any general or particular understanding 
     with a candidate, the candidate's authorized committee, or an 
     agent acting on behalf of a candidate or authorized 
     committee;
       ``(ii) a payment made by a person for the production, 
     dissemination, distribution, or republication, in whole or in 
     part, of any broadcast or any written, graphic, or other form 
     of campaign material prepared by a candidate, a candidate's 
     authorized committee, or an agent of a candidate or 
     authorized committee (not including a communication described 
     in paragraph (9)(B)(i) or a communication that expressly 
     advocates the candidate's defeat);
       ``(iii) a payment made by a person based on information 
     about a candidate's plans, projects, or needs provided to the 
     person making the payment by the candidate or the candidate's 
     agent who provides the information with the intent that the 
     payment be made;
       ``(iv) a payment made by a person if, in the same election 
     cycle in which the payment is made, the person making the 
     payment is serving or has served as a member, employee, 
     fundraiser, or agent of the candidate's authorized committee 
     in an executive or policymaking position;
       ``(v) a payment made by a person if the person making the 
     payment has served in any formal policy making or advisory 
     position with the candidate's campaign or has participated in 
     formal strategic or formal policymaking discussions with the 
     candidate's campaign relating to the candidate's pursuit of 
     nomination for election, or election, to Federal office, in 
     the same election cycle as the election cycle in which the 
     payment is made;
       ``(vi) a payment made by a person if, in the same election 
     cycle, the person making the payment retains the professional 
     services of any person that has provided or is providing 
     campaign-related services in the same election cycle to a 
     candidate in connection with the candidate's pursuit of 
     nomination for election, or election, to Federal office, 
     including services relating to the candidate's decision to 
     seek Federal office, and the person retained is retained to 
     work on activities relating to that candidate's campaign;
       ``(vii) a payment made by a person who has engaged in a 
     coordinated activity with a candidate described in clauses 
     (i) through (vi) for a communication that clearly refers to 
     the candidate and is for the purpose of influencing an 
     election (regardless of whether the communication is express 
     advocacy);
       ``(viii) direct participation by a person in fundraising 
     activities with the candidate or in the solicitation or 
     receipt of contributions on behalf of the candidate;
       ``(ix) communication by a person with the candidate or an 
     agent of the candidate, occurring after the declaration of 
     candidacy (including a pollster, media consultant, vendor, 
     advisor, or staff member), acting on behalf of the candidate, 
     about advertising message, allocation of resources, 
     fundraising, or other campaign matters related to the 
     candidate's campaign, including campaign operations, 
     staffing, tactics, or strategy; or
       ``(x) the provision of in-kind professional services or 
     polling data to the candidate or candidate's agent.
       ``(D) For purposes of subparagraph (C), the term 
     `professional services' includes services in support of a 
     candidate's pursuit of nomination for election, or election, 
     to Federal office such as polling, media advice, direct mail, 
     fundraising, or campaign research.
       ``(E) For purposes of subparagraph (C), all political 
     committees established and maintained by a national political 
     party (including all congressional campaign committees) and 
     all political committees established and maintained by a 
     State political party (including any subordinate committee of 
     a State committee) shall be considered to be a single 
     political committee.''.
       (B) Section 315(a)(7).--Section 315(a)(7) (2 U.S.C. 
     441a(a)(7)) is amended by striking subparagraph (B) and 
     inserting the following:
       ``(B) a thing of value provided in coordination with a 
     candidate, as described in section 301(8)(A)(iii), shall be 
     considered to be a contribution to the candidate, and in the 
     case of a limitation on expenditures, shall be treated as an 
     expenditure by the candidate.
       (2) Meaning of contribution or expenditure for the purposes 
     of section 316.--Section 316(b)(2) of the Federal Election 
     Campaign Act of 1971 (2 U.S.C. 441b(b)) is amended by 
     striking ``shall include'' and inserting ``includes a 
     contribution or expenditure, as those terms are defined in 
     section 301, and also includes''.

[[Page H4062]]

     SEC. 10. 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. 11. EFFECTIVE DATE.

       Except as otherwise provided in this Act, this Act and the 
     amendments made by this Act take effect January 1, 1999.

     SEC. 12. 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 180 days after the date of 
     the enactment of this Act.

                               H.R. 2183

                   Offered By: Mr. Davis of Virginia

       Amendment No. 40: Insert after the heading for title II the 
     following new section (and redesignate the succeeding 
     provisions accordingly):

     SEC. 201. INCREASE IN INDIVIDUAL 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 the following: ``$1,000 (or, in the 
     case of contributions made by an individual, exceed 
     $2,000);''.
       In the heading for title II, strike ``INDEXING'' and insert 
     ``MODIFYING''.

                               H.R. 2183

                   Offered by: Mr. Davis of Virginia

       (To the Amendment Offered by Mr. Hutchinson or Mr. Allen)

       Amendment No. 141. Insert after the heading for title II 
     the following new section (and redesignate the succeeding 
     provisions accordingly):

     SEC. 201. INCREASE IN INDIVIDUAL 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 the following: ``$1,000 (or, in the 
     case of contributions made by an individual, exceed 
     $2,000);''.

       In the heading for title II, strike ``INDEXING'' and insert 
     ``MODIFYING''.

                               H.R. 2183

                         Offered By: Mr. Frost

         (To the Amendment Offered By: Mr. Shays or Mr. Meehan)

       Amendment No. 42: Strike section 601 and insert the 
     following (and conform the table of contents accordingly):

     SEC. 601. NONSEVERABILITY OF PROVISIONS.

       If any provision of this Act or any amendment made by this 
     Act, or the application thereof to any person or 
     circumstance, is held invalid, the remaining provisions of 
     this Act and any amendments made by this Act shall be treated 
     as invalid.

       In the heading for title VI, strike ``SEVERABILITY'' and 
     insert ``NONSEVERABILITY'' (and conform the table of contents 
     accordingly).

                               H.R. 2183

                          Offered by Mr. Riggs

         (To the Amendment Offered By: Mr. Shays or Mr. Meehan)

       Amendment No. 43: Add at the end of title I the following 
     new section (and conform the table of contents accordingly):

     SEC. 104. LIMITATION ON CONTRIBUTIONS FROM PERSONS OTHER THAN 
                   LOCAL REGISTERED VOTERS.

       Section 315 of the Federal Election Campaign Act of 1971 (2 
     U.S.C. 441a) is amended by adding at the end the following 
     new subsection:
       ``(i)(1) A candidate for the office of Senator or 
     Representative in, or Delegate or Resident Commissioner to, 
     the Congress may not accept contributions with respect to a 
     reporting period for an election from persons other than 
     local registered voters totaling in excess of the total of 
     contributions accepted from local registered voters.
       ``(2) As used in this subsection, the term `local 
     registered voter' means an individual who is registered to 
     vote in the congressional district involved (or with respect 
     to a candidate for the office of Senator, in the State 
     involved)''.

                               H.R. 2183

                         Offered By: Mr. Riggs

       Amendment No. 44: Insert after title III the following new 
     title (and redesignate the succeeding provisions 
     accordingly):
  TITLE IV--LIMITATION ON CONTRIBUTIONS FROM PERSONS OTHER THAN LOCAL 
                           REGISTERED VOTERS

     SEC. 401. LIMITATION ON CONTRIBUTIONS FROM PERSONS OTHER THAN 
                   LOCAL REGISTERED VOTERS.

       Section 315 of the Federal Election Campaign Act of 1971 (2 
     U.S.C. 441a) is amended by adding at the end the following 
     new subsection:
       ``(i)(1) A candidate for the office of Senator or 
     Representative in, or Delegate or Resident Commissioner to, 
     the Congress may not accept contributions with respect to a 
     reporting period for an election from persons other than 
     local registered voters totaling in excess of the total of 
     contributions accepted from local registered voters.
       ``(2) As used in this subsection, the term `local 
     registered voter' means an individual who is registered to 
     vote in the congressional district involved (or with respect 
     to a candidate for the office of Senator, in the State 
     involved)''.

                               H.R. 2183

                         Offered By: Mr. Riggs

       (To the Amendment Offered By: Mr. Hutchinson or Mr. Allen)

       Amendment No. 45: Insert after title III the following new 
     title (and redesignate the succeeding provisions 
     accordingly):
  TITLE IV--LIMITATION ON CONTRIBUTIONS FROM PERSONS OTHER THAN LOCAL 
                           REGISTERED VOTERS

     SEC. 401. LIMITATION ON CONTRIBUTIONS FROM PERSONS OTHER THAN 
                   LOCAL REGISTERED VOTERS.

       Section 315 of the Federal Election Campaign Act of 1971 (2 
     U.S.C. 441a) is amended by adding at the end the following 
     new subsection:
       ``(i)(1) A candidate for the office of Senator or 
     Representative in, or Delegate or Resident Commissioner to, 
     the Congress may not accept contributions with respect to a 
     reporting period for an election from persons other than 
     local registered voters totaling in excess of the total of 
     contributions accepted from local registered voters.
       ``(2) As used in this subsection, the term `local 
     registered voter' means an individual who is registered to 
     vote in the congressional district involved (or with respect 
     to a candidate for the office of Senator, in the State 
     involved)''.

                               H.R. 2183

                          Offered By: Mr. Shaw

         (To the Amendment Offered By: Mr. Shays or Mr. Meehan)

       Amendment No. 46: Add at the end of title V the following 
     new section (and conform the table of contents accordingly):

     SEC. 510. REQUIRING MAJORITY OF AMOUNT OF CONTRIBUTIONS 
                   ACCEPTED BY HOUSE CANDIDATES TO COME FROM IN-
                   STATE RESIDENTS.

       Section 315 of the Federal Election Campaign Act of 1971 (2 
     U.S.C. 441a) is amended by adding at the end the following 
     new subsection:
       ``(i)(1) With respect to each reporting period for an 
     election, the total of contributions accepted by a candidate 
     for the office of Representative in, or Delegate or Resident 
     Commissioner to, the Congress from in-State individual 
     residents shall be at least 50 percent of the total of 
     contributions accepted from all sources.
       ``(2) As used in this subsection, the term `in-State 
     individual resident' means an individual who resides in the 
     State in which the congressional district involved is 
     located.''.

                               H.R. 2183

                         Offered By: Mr. Upton

         (To the Amendment Offered By: Mr. Shays or Mr. Meehan)

       Amendment No. 47: Add at the end of title I the following 
     new section (and conform the table of contents accordingly):

     SEC. 104. LIMITATION ON CONTRIBUTIONS FROM PERSONS OTHER THAN 
                   LOCAL RESIDENTS.

       Section 315 of the Federal Election Campaign Act of 1971 (2 
     U.S.C. 441a) is amended by adding at the end the following 
     new subsection:
       ``(i)(1) A candidate for the office of Senator or 
     Representative in, or Delegate or Resident Commissioner to, 
     the Congress may not accept contributions with respect to a 
     reporting period for an election from persons other than 
     local residents totaling in excess of the total of 
     contributions accepted from local residents.
       ``(2) In applying paragraph (1), there shall not be taken 
     into account any contributions accepted by a candidate from 
     any political committee of a political party.
       ``(3) As used in this subsection, the term `local resident' 
     means--
       ``(A) an individual who resides in the State involved; or
       ``(B) a multicandidate political committee for which the 
     address on its registration under section 303 is located in 
     the State involved.''.

                               H.R. 2183

                         Offered By: Mr. Upton

         (To the Amendment Offered By: Mr. Shays or Mr. Meehan)

       Amendment No. 48: Add at the end of title I the following 
     new section (and conform the table of contents accordingly):

     SEC. 104. LIMITATION ON CONTRIBUTIONS FROM PERSONS OTHER THAN 
                   INDIVIDUALS.

       Section 315 of the Federal Election Campaign Act of 1971 (2 
     U.S.C. 441a) is amended by adding at the end the following 
     new subsection:
       ``(i) A candidate for the office of Senator or 
     Representative in, or Delegate or Resident Commissioner to, 
     the Congress may not accept contributions with respect to a 
     reporting period for an election from persons other than 
     individuals totaling in excess of the total of contributions 
     accepted from individuals.''.

                               H.R. 2183

                         Offered by: Mr. Upton

       Amendment No. 49: Insert after title III the following new 
     title (and redesignate the succeeding provisions and conform 
     the table of contents accordingly):

[[Page H4063]]

        TITLE IV--LIMITATION ON CONTRIBUTIONS FROM NON-RESIDENTS

     SEC. 401. LIMITATION ON CONTRIBUTIONS FROM PERSONS OTHER THAN 
                   LOCAL RESIDENTS.

       Section 315 of the Federal Election Campaign Act of 1971 (2 
     U.S.C. 441a) is amended by adding at the end the following 
     new subsection:
       ``(i)(1) A candidate for the office of Senator or 
     Representative in, or Delegate or Resident Commissioner to, 
     the Congress may not accept contributions with respect to a 
     reporting period for an election from persons other than 
     local residents totaling in excess of the total of 
     contributions accepted from local residents.
       ``(2) In applying paragraph (1), there shall not be taken 
     into account any contributions accepted by a candidate from 
     any political committee of a political party.
       ``(3) As used in this subsection, the term `local resident' 
     means--
       ``(A) an individual who resides in the State involved; or
       ``(B) a multicandidate political committee for which the 
     address on its registration under section 303 is located in 
     the State involved.''.

                               H.R. 2183

                         Offered By: Mr. Upton

       Amendment No. 50: Insert after title III the following new 
     title (and redesignate the succeeding provisions and conform 
     the table of contents accordingly):

     TITLE IV--LIMITATION ON CONTRIBUTIONS FROM PERSONS OTHER THAN 
                              INDIVIDUALS

     SEC. 104. LIMITATION ON CONTRIBUTIONS FROM PERSONS OTHER THAN 
                   INDIVIDUALS.

       Section 315 of the Federal Election Campaign Act of 1971 (2 
     U.S.C. 441a) is amended by adding at the end the following 
     new subsection:
       ``(i) A candidate for the office of Senator or 
     Representative in, or Delegate or Resident Commissioner to, 
     the Congress may not accept contributions with respect to a 
     reporting period for an election from persons other than 
     individuals totaling in excess of the total of contributions 
     accepted from individuals.''.

                               H.R. 2183

                          Offered By Mr. Upton

       (To the Amendment Offered By Mr. Hutchinson or Mr. Allen)

       Amendment No. 54: Insert after title III the following new 
     title (and redesignate the succeeding provisions and conform 
     the table of contents accordingly):
        TITLE IV--LIMITATION ON CONTRIBUTIONS FROM NON-RESIDENTS

     SEC. 401. LIMITATION ON CONTRIBUTIONS FROM PERSONS OTHER THAN 
                   LOCAL RESIDENTS.

       Section 315 of the Federal Election Campaign Act of 1971 (2 
     U.S.C. 441a) is amended by adding at the end the following 
     new subsection:
       ``(i)(1) A candidate for the office of Senator or 
     Representative in, or Delegate or Resident Commissioner to, 
     the Congress may not accept contributions with respect to a 
     reporting period for an election from persons other than 
     local residents totaling in excess of the total of 
     contributions accepted from local residents.
       ``(2) In applying paragraph (1), there shall not be taken 
     into account any contributions accepted by a candidate from 
     any political committee of a political party.
       ``(3) As used in this subsection, the term `local resident' 
     means--
       ``(A) an individual who resides in the State involved; or
       ``(B) a multicandidate political committee for which the 
     address on its registration under section 303 is located in 
     the State involved.''.

                               H.R. 2183

                         Offered By: Mr. Upton

       (To the Amendment Offered By: Mr. Hutchinson or Mr. Allen)

       Amendment No. 52: Insert after title III the following new 
     title (and redesignate the succeeding provisions and conform 
     the table of contents accordingly):
     TITLE IV--LIMITATION ON CONTRIBUTIONS FROM PERSONS OTHER THAN 
                              INDIVIDUALS

     SEC. 401. LIMITATION ON CONTRIBUTIONS FROM PERSONS OTHER THAN 
                   INDIVIDUALS.

       Section 315 of the Federal Election Campaign Act of 1971 (2 
     U.S.C. 441a) is amended by adding at the end the following 
     new subsection:
       ``(i) A candidate for the office of Senator or 
     Representative in, or Delegate or Resident Commissioner to, 
     the Congress may not accept contributions with respect to a 
     reporting period for an election from persons other than 
     individuals totaling in excess of the total of contributions 
     accepted from individuals.''.