[Congressional Record Volume 144, Number 73 (Tuesday, June 9, 1998)]
[House]
[Pages H4326-H4332]
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 Mr. Gekas

       Amendment No. 60: Insert after title III the following new 
     title (and redesignate the succeeding provisions 
     accordingly):

               TITLE IV--TREATMENT OF REFUNDED DONATIONS

     SEC. 401. DEPOSIT OF CERTAIN CONTRIBUTIONS AND DONATIONS IN 
                   TREASURY ACCOUNT.

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


 ``treatment of certain contributions and donations to be returned to 
                                 donors

       ``Sec. 324. (a) Transfer to Commission.--
       ``(1) In general.--Notwithstanding any other provision of 
     this Act, if a political committee intends to return any 
     contribution or donation given to the political committee, 
     the committee shall transfer the contribution or donation to 
     the Commission if--
       ``(A) the contribution or donation is in an amount equal to 
     or greater than $500 (other than a contribution or donation 
     returned within 60 days of receipt by the committee); or
       ``(B) the contribution or donation was made in violation of 
     section 315, 316, 317, 319, or 320 (other than a contribution 
     or donation returned within 30 days of receipt by the 
     committee).
       ``(2) Information included with transferred contribution or 
     donation.--A political committee shall include with any 
     contribution or donation transferred under paragraph (1)--
       ``(A) a request that the Commission return the contribution 
     or donation to the person making the contribution or 
     donation; and
       ``(B) information regarding the circumstances surrounding 
     the making of the contribution or donation and any opinion of 
     the political committee concerning whether the contribution 
     or donation may have been made in violation of this Act.
       ``(3) Establishment of escrow account.--
       ``(A) In general.--The Commission shall establish a single 
     interest-bearing escrow account for deposit of amounts 
     transferred under paragraph (1).
       ``(B) Disposition of amounts received.--On receiving an 
     amount from a political committee under paragraph (1), the 
     Commission shall--
       ``(i) deposit the amount in the escrow account established 
     under subparagraph (A); and
       ``(ii) notify the Attorney General and the Commissioner of 
     the Internal Revenue Service of the receipt of the amount 
     from the political committee.
       ``(C) Use of interest to cover administrative costs.--Any 
     interest earned on amounts in the escrow account established 
     under subparagraph (A) shall be applied toward the 
     administrative costs incurred by the Commission in 
     establishing and administering the account, and any remaining 
     interest shall be deposited in the general fund of the 
     Treasury.
       ``(4) Treatment of returned contribution or donation as a 
     complaint.--The transfer of any contribution or donation to 
     the Commission under this section shall be treated as the 
     filing of a complaint under section 309(a).
       ``(b) Use of Amounts Placed in Escrow To Cover Fines and 
     Penalties.--The Commission or the Attorney General may 
     require any amount deposited in the escrow account under 
     subsection (a)(3) to be applied toward the payment of any 
     fine or penalty imposed under this Act or title 18, United 
     States Code against the person making the contribution or 
     donation.
       ``(c) Return of Contribution or Donation After Deposit in 
     Escrow.--
       ``(1) In general.--The Commission shall return a 
     contribution or donation deposited in the escrow account 
     under subsection (a)(3) to the person making the contribution 
     or donation if--
       ``(A) within 180 days after the date the contribution or 
     donation is transferred, the Commission has not made a 
     determination under section 309(a)(2) that the Commission has 
     reason to believe that the making of the contribution or 
     donation was made in violation of this Act; or
       ``(B)(i) the contribution or donation will not be used to 
     cover fines, penalties, or costs pursuant to subsection (b); 
     or
       ``(ii) if the contribution or donation will be used for 
     those purposes, that the amounts required for those purposes 
     have been withdrawn from the escrow account and subtracted 
     from the returnable contribution or donation.
       ``(2) No effect on status of investigation.--The return of 
     a contribution or donation by the Commission under this 
     subsection shall not be construed as having an effect on the 
     status of an investigation by the Commission or the Attorney 
     General of the contribution or donation or the circumstances 
     surrounding the contribution or donation, or on the ability 
     of the Commission or the Attorney General to take future 
     actions with respect to the contribution or donation.''.
       (b) Amounts Used to Determine Amount of Penalty for 
     Violation.--Section 309(a) of such Act (2 U.S.C. 437g(a)) is 
     amended by inserting after paragraph (9) the following new 
     paragraph:
       ``(10) For purposes of determining the amount of a civil 
     penalty imposed under this subsection for violations of 
     section 324, the amount of the donation involved shall be 
     treated as the amount of the contribution involved.''.
       (c) Donation Defined.--Section 301 of such Act (2 U.S.C. 
     431) is amended by adding at the end the following:
       ``(20) The term `donation' means a gift, subscription, 
     loan, advance, or deposit of money or anything else of value 
     made by any person to a national committee of a political 
     party or a Senatorial or Congressional Campaign Committee of 
     a national political party for any purpose, but does not 
     include a contribution (as defined in paragraph (8)).''.
       (d) Disgorgement Authority.--Section 309 of such Act (2 
     U.S.C. 437g) is amended by adding at the end the following 
     new subsection:
       ``(e) Any conciliation agreement, civil action, or criminal 
     action entered into or instituted under this section may 
     require a person to forfeit to the Treasury any contribution, 
     donation, or expenditure that is the subject of the agreement 
     or action for transfer to the Commission for deposit in 
     accordance with section 324.''.
       (e) Effective Date.--The amendments made by subsections 
     (a), (b), and (c) shall apply to contributions or donations 
     refunded on or after the date of the enactment of this Act, 
     without regard to whether the Federal Election Commission or 
     Attorney General has issued regulations to carry out section 
     324 of the Federal Election Campaign Act of 1971 (as added by 
     subsection (a)) by such date.

                               H.R. 2183

                         Offered By: Mr. Gekas

              (To the Amendment Offered By: Mr. Campbell)

       Amendment No. 61: Insert after title III the following new 
     title (and redesignate the succeeding provisions 
     accordingly):

               TITLE IV--TREATMENT OF REFUNDED DONATIONS

     SEC. 401. DEPOSIT OF CERTAIN CONTRIBUTIONS AND DONATIONS IN 
                   TREASURY ACCOUNT.

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


 ``treatment of certain contributions and donations to be returned to 
                                 donors

       ``Sec. 324. (a) Transfer to Commission.--
       ``(1) In general.--Notwithstanding any other provision of 
     this Act, if a political committee intends to return any 
     contribution or donation given to the political committee, 
     the committee shall transfer the contribution or donation to 
     the Commission if--
       ``(A) the contribution or donation is in an amount equal to 
     or greater than $500 (other than a contribution or donation 
     returned within 60 days of receipt by the committee); or
       ``(B) the contribution or donation was made in violation of 
     section 315, 316, 317, 319, or 320 (other than a contribution 
     or donation returned within 30 days of receipt by the 
     committee).
       ``(2) Information included with transferred contribution or 
     donation.--A political committee shall include with any 
     contribution or donation transferred under paragraph (1)--
       ``(A) a request that the Commission return the contribution 
     or donation to the person making the contribution or 
     donation; and
       ``(B) information regarding the circumstances surrounding 
     the making of the contribution or donation and any opinion of 
     the political committee concerning whether the contribution 
     or donation may have been made in violation of this Act.
       ``(3) Establishment of escrow account.--
       ``(A) In general.--The Commission shall establish a single 
     interest-bearing escrow account for deposit of amounts 
     transferred under paragraph (1).
       ``(B) Disposition of amounts received.--On receiving an 
     amount from a political committee under paragraph (1), the 
     Commission shall--
       ``(i) deposit the amount in the escrow account established 
     under subparagraph (A); and
       ``(ii) notify the Attorney General and the Commissioner of 
     the Internal Revenue Service of the receipt of the amount 
     from the political committee.
       ``(C) Use of interest to cover administrative costs.--Any 
     interest earned on amounts in the escrow account established 
     under subparagraph (A) shall be applied toward the 
     administrative costs incurred by the Commission in 
     establishing and administering the account, and any remaining 
     interest shall be deposited in the general fund of the 
     Treasury.
       ``(4) Treatment of returned contribution or donation as a 
     complaint.--The transfer of any contribution or donation to 
     the Commission under this section shall be treated as the 
     filing of a complaint under section 309(a).
       ``(b) Use of Amounts Placed in Escrow To Cover Fines and 
     Penalties.--The Commission or the Attorney General may 
     require

[[Page H4327]]

     any amount deposited in the escrow account under subsection 
     (a)(3) to be applied toward the payment of any fine or 
     penalty imposed under this Act or title 18, United States 
     Code against the person making the contribution or donation.
       ``(c) Return of Contribution or Donation After Deposit in 
     Escrow.--
       ``(1) In general.--The Commission shall return a 
     contribution or donation deposited in the escrow account 
     under subsection (a)(3) to the person making the contribution 
     or donation if--
       ``(A) within 180 days after the date the contribution or 
     donation is transferred, the Commission has not made a 
     determination under section 309(a)(2) that the Commission has 
     reason to believe that the making of the contribution or 
     donation was made in violation of this Act; or
       ``(B)(i) the contribution or donation will not be used to 
     cover fines, penalties, or costs pursuant to subsection (b); 
     or
       ``(ii) if the contribution or donation will be used for 
     those purposes, that the amounts required for those purposes 
     have been withdrawn from the escrow account and subtracted 
     from the returnable contribution or donation.
       ``(2) No effect on status of investigation.--The return of 
     a contribution or donation by the Commission under this 
     subsection shall not be construed as having an effect on the 
     status of an investigation by the Commission or the Attorney 
     General of the contribution or donation or the circumstances 
     surrounding the contribution or donation, or on the ability 
     of the Commission or the Attorney General to take future 
     actions with respect to the contribution or donation.''.
       (b) Amounts Used to Determine Amount of Penalty for 
     Violation.--Section 309(a) of such Act (2 U.S.C. 437g(a)) is 
     amended by inserting after paragraph (9) the following new 
     paragraph:
       ``(10) For purposes of determining the amount of a civil 
     penalty imposed under this subsection for violations of 
     section 324, the amount of the donation involved shall be 
     treated as the amount of the contribution involved.''.
       (c) Donation Defined.--Section 301 of such Act (2 U.S.C. 
     431) is amended by adding at the end the following:
       ``(20) The term `donation' means a gift, subscription, 
     loan, advance, or deposit of money or anything else of value 
     made by any person to a national committee of a political 
     party or a Senatorial or Congressional Campaign Committee of 
     a national political party for any purpose, but does not 
     include a contribution (as defined in paragraph (8)).''.
       (d) Disgorgement Authority.--Section 309 of such Act (2 
     U.S.C. 437g) is amended by adding at the end the following 
     new subsection:
       ``(e) Any conciliation agreement, civil action, or criminal 
     action entered into or instituted under this section may 
     require a person to forfeit to the Treasury any contribution, 
     donation, or expenditure that is the subject of the agreement 
     or action for transfer to the Commission for deposit in 
     accordance with section 324.''.
       (e) Effective Date.--The amendments made by subsections 
     (a), (b), and (c) shall apply to contributions or donations 
     refunded on or after the date of the enactment of this Act, 
     without regard to whether the Federal Election Commission or 
     Attorney General has issued regulations to carry out section 
     324 of the Federal Election Campaign Act of 1971 (as added by 
     subsection (a)) by such date.

                               H.R. 2183

                         Offered By: Mr. Gekas

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

       Amendment No. 62: Insert after title III the following new 
     title (and redesignate the succeeding provisions 
     accordingly):
               TITLE IV--TREATMENT OF REFUNDED DONATIONS

     SEC. 401. DEPOSIT OF CERTAIN CONTRIBUTIONS AND DONATIONS IN 
                   TREASURY ACCOUNT.

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


 ``treatment of certain contributions and donations to be returned to 
                                 donors

       ``Sec. 324. (a) Transfer to Commission.--
       ``(1) In general.--Notwithstanding any other provision of 
     this Act, if a political committee intends to return any 
     contribution or donation given to the political committee, 
     the committee shall transfer the contribution or donation to 
     the Commission if--
       ``(A) the contribution or donation is in an amount equal to 
     or greater than $500 (other than a contribution or donation 
     returned within 60 days of receipt by the committee); or
       ``(B) the contribution or donation was made in violation of 
     section 315, 316, 317, 319, or 320 (other than a contribution 
     or donation returned within 30 days of receipt by the 
     committee).
       ``(2) Information included with transferred contribution or 
     donation.--A political committee shall include with any 
     contribution or donation transferred under paragraph (1)--
       ``(A) a request that the Commission return the contribution 
     or donation to the person making the contribution or 
     donation; and
       ``(B) information regarding the circumstances surrounding 
     the making of the contribution or donation and any opinion of 
     the political committee concerning whether the contribution 
     or donation may have been made in violation of this Act.
       ``(3) Establishment of escrow account.--
       ``(A) In general.--The Commission shall establish a single 
     interest-bearing escrow account for deposit of amounts 
     transferred under paragraph (1).
       ``(B) Disposition of amounts received.--On receiving an 
     amount from a political committee under paragraph (1), the 
     Commission shall--
       ``(i) deposit the amount in the escrow account established 
     under subparagraph (A); and
       ``(ii) notify the Attorney General and the Commissioner of 
     the Internal Revenue Service of the receipt of the amount 
     from the political committee.
       ``(C) Use of interest to cover administrative costs.--Any 
     interest earned on amounts in the escrow account established 
     under subparagraph (A) shall be applied toward the 
     administrative costs incurred by the Commission in 
     establishing and administering the account, and any remaining 
     interest shall be deposited in the general fund of the 
     Treasury.
       ``(4) Treatment of returned contribution or donation as a 
     complaint.--The transfer of any contribution or donation to 
     the Commission under this section shall be treated as the 
     filing of a complaint under section 309(a).
       ``(b) Use of Amounts Placed in Escrow To Cover Fines and 
     Penalties.--The Commission or the Attorney General may 
     require any amount deposited in the escrow account under 
     subsection (a)(3) to be applied toward the payment of any 
     fine or penalty imposed under this Act or title 18, United 
     States Code against the person making the contribution or 
     donation.
       ``(c) Return of Contribution or Donation After Deposit in 
     Escrow.--
       ``(1) In general.--The Commission shall return a 
     contribution or donation deposited in the escrow account 
     under subsection (a)(3) to the person making the contribution 
     or donation if--
       ``(A) within 180 days after the date the contribution or 
     donation is transferred, the Commission has not made a 
     determination under section 309(a)(2) that the Commission has 
     reason to believe that the making of the contribution or 
     donation was made in violation of this Act; or
       ``(B)(i) the contribution or donation will not be used to 
     cover fines, penalties, or costs pursuant to subsection (b); 
     or
       ``(ii) if the contribution or donation will be used for 
     those purposes, that the amounts required for those purposes 
     have been withdrawn from the escrow account and subtracted 
     from the returnable contribution or donation.
       ``(2) No effect on status of investigation.--The return of 
     a contribution or donation by the Commission under this 
     subsection shall not be construed as having an effect on the 
     status of an investigation by the Commission or the Attorney 
     General of the contribution or donation or the circumstances 
     surrounding the contribution or donation, or on the ability 
     of the Commission or the Attorney General to take future 
     actions with respect to the contribution or donation.''.
       (b) Amounts Used to Determine Amount of Penalty for 
     Violation.--Section 309(a) of such Act (2 U.S.C. 437g(a)) is 
     amended by inserting after paragraph (9) the following new 
     paragraph:
       ``(10) For purposes of determining the amount of a civil 
     penalty imposed under this subsection for violations of 
     section 324, the amount of the donation involved shall be 
     treated as the amount of the contribution involved.''.
       (c) Donation Defined.--Section 301 of such Act (2 U.S.C. 
     431) is amended by adding at the end the following:
       ``(20) The term `donation' means a gift, subscription, 
     loan, advance, or deposit of money or anything else of value 
     made by any person to a national committee of a political 
     party or a Senatorial or Congressional Campaign Committee of 
     a national political party for any purpose, but does not 
     include a contribution (as defined in paragraph (8)).''.
       (d) Disgorgement Authority.--Section 309 of such Act (2 
     U.S.C. 437g) is amended by adding at the end the following 
     new subsection:
       ``(e) Any conciliation agreement, civil action, or criminal 
     action entered into or instituted under this section may 
     require a person to forfeit to the Treasury any contribution, 
     donation, or expenditure that is the subject of the agreement 
     or action for transfer to the Commission for deposit in 
     accordance with section 324.''.
       (e) Effective Date.--The amendments made by subsections 
     (a), (b), and (c) shall apply to contributions or donations 
     refunded on or after the date of the enactment of this Act, 
     without regard to whether the Federal Election Commission or 
     Attorney General has issued regulations to carry out section 
     324 of the Federal Election Campaign Act of 1971 (as added by 
     subsection (a)) by such date.

                               H.R. 2183

                         Offered By: Mr. Gekas

                (To the Amendment Offered By: Mr. Bass)

       Amendment No. 63: Add at the end of title V the following 
     new section (and conform the table of contents accordingly):

[[Page H4328]]

     SEC. 510. DEPOSIT OF CERTAIN CONTRIBUTIONS AND DONATIONS IN 
                   TREASURY ACCOUNT.

       (a) In General.--Title III of the Federal Election Campaign 
     Act of 1971 (2 U.S.C. 431 et seq.), as amended by sections 
     101, 401, and 507, is further amended by adding at the end 
     the following new section:


 ``treatment of certain contributions and donations to be returned to 
                                 donors

       ``Sec. 326. (a) Transfer to Commission.--
       ``(1) In general.--Notwithstanding any other provision of 
     this Act, if a political committee intends to return any 
     contribution or donation given to the political committee, 
     the committee shall transfer the contribution or donation to 
     the Commission if--
       ``(A) the contribution or donation is in an amount equal to 
     or greater than $500 (other than a contribution or donation 
     returned within 60 days of receipt by the committee); or
       ``(B) the contribution or donation was made in violation of 
     section 315, 316, 317, 319, or 320 (other than a contribution 
     or donation returned within 30 days of receipt by the 
     committee).
       ``(2) Information included with transferred contribution or 
     donation.--A political committee shall include with any 
     contribution or donation transferred under paragraph (1)--
       ``(A) a request that the Commission return the contribution 
     or donation to the person making the contribution or 
     donation; and
       ``(B) information regarding the circumstances surrounding 
     the making of the contribution or donation and any opinion of 
     the political committee concerning whether the contribution 
     or donation may have been made in violation of this Act.
       ``(3) Establishment of escrow account.--
       ``(A) In general.--The Commission shall establish a single 
     interest-bearing escrow account for deposit of amounts 
     transferred under paragraph (1).
       ``(B) Disposition of amounts received.--On receiving an 
     amount from a political committee under paragraph (1), the 
     Commission shall--
       ``(i) deposit the amount in the escrow account established 
     under subparagraph (A); and
       ``(ii) notify the Attorney General and the Commissioner of 
     the Internal Revenue Service of the receipt of the amount 
     from the political committee.
       ``(C) Use of interest to cover administrative costs.--Any 
     interest earned on amounts in the escrow account established 
     under subparagraph (A) shall be applied toward the 
     administrative costs incurred by the Commission in 
     establishing and administering the account, and any remaining 
     interest shall be deposited in the general fund of the 
     Treasury.
       ``(4) Treatment of returned contribution or donation as a 
     complaint.--The transfer of any contribution or donation to 
     the Commission under this section shall be treated as the 
     filing of a complaint under section 309(a).
       ``(b) Use of Amounts Placed in Escrow To Cover Fines and 
     Penalties.--The Commission or the Attorney General may 
     require any amount deposited in the escrow account under 
     subsection (a)(3) to be applied toward the payment of any 
     fine or penalty imposed under this Act or title 18, United 
     States Code against the person making the contribution or 
     donation.
       ``(c) Return of Contribution or Donation After Deposit in 
     Escrow.--
       ``(1) In general.--The Commission shall return a 
     contribution or donation deposited in the escrow account 
     under subsection (a)(3) to the person making the contribution 
     or donation if--
       ``(A) within 180 days after the date the contribution or 
     donation is transferred, the Commission has not made a 
     determination under section 309(a)(2) that the Commission has 
     reason to believe that the making of the contribution or 
     donation was made in violation of this Act; or
       ``(B)(i) the contribution or donation will not be used to 
     cover fines, penalties, or costs pursuant to subsection (b); 
     or
       ``(ii) if the contribution or donation will be used for 
     those purposes, that the amounts required for those purposes 
     have been withdrawn from the escrow account and subtracted 
     from the returnable contribution or donation.
       ``(2) No effect on status of investigation.--The return of 
     a contribution or donation by the Commission under this 
     subsection shall not be construed as having an effect on the 
     status of an investigation by the Commission or the Attorney 
     General of the contribution or donation or the circumstances 
     surrounding the contribution or donation, or on the ability 
     of the Commission or the Attorney General to take future 
     actions with respect to the contribution or donation.''.
       (b) Amounts Used to Determine Amount of Penalty for 
     Violation.--Section 309(a) of such Act (2 U.S.C. 437g(a)) is 
     amended by inserting after paragraph (9) the following new 
     paragraph:
       ``(10) For purposes of determining the amount of a civil 
     penalty imposed under this subsection for violations of 
     section 326, the amount of the donation involved shall be 
     treated as the amount of the contribution involved.''.
       (c) Donation Defined.--Section 301 of such Act (2 U.S.C. 
     431), as amended by sections 201(b) and 307(b), is further 
     amended by adding at the end the following:
       ``(22) Donation.--The term `donation' means a gift, 
     subscription, loan, advance, or deposit of money or anything 
     else of value made by any person to a national committee of a 
     political party or a Senatorial or Congressional Campaign 
     Committee of a national political party for any purpose, but 
     does not include a contribution (as defined in paragraph 
     (8)).''.
       (d) Disgorgement Authority.--Section 309 of such Act (2 
     U.S.C. 437g) is amended by adding at the end the following 
     new subsection:
       ``(e) Any conciliation agreement, civil action, or criminal 
     action entered into or instituted under this section may 
     require a person to forfeit to the Treasury any contribution, 
     donation, or expenditure that is the subject of the agreement 
     or action for transfer to the Commission for deposit in 
     accordance with section 326.''.
       (e) Effective Date.--The amendments made by subsections 
     (a), (b), and (c) shall apply to contributions or donations 
     refunded on or after the date of the enactment of this Act, 
     without regard to whether the Federal Election Commission or 
     Attorney General has issued regulations to carry out section 
     326 of the Federal Election Campaign Act of 1971 (as added by 
     subsection (a)) by such date.

                               H.R. 2183

                         Offered By: Mr. Gekas

                (To the Amendment Offered By: Mr. Obey)

       Amendment No. 64: Insert after title V the following new 
     title (and redesignate the succeeding provisions 
     accordingly):

               TITLE VI--TREATMENT OF REFUNDED DONATIONS

     SEC. 601. DEPOSIT OF CERTAIN CONTRIBUTIONS AND DONATIONS IN 
                   TREASURY ACCOUNT.

       (a) In General.--Title III of the Federal Election Campaign 
     Act of 1971 (2 U.S.C. 431 et seq.), as amended by sections 
     301 and 402, is amended by adding at the end the following 
     new section:


 ``treatment of certain contributions and donations to be returned to 
                                 donors

       ``Sec. 325. (a) Transfer to Commission.--
       ``(1) In general.--Notwithstanding any other provision of 
     this Act, if a political committee intends to return any 
     contribution or donation given to the political committee, 
     the committee shall transfer the contribution or donation to 
     the Commission if--
       ``(A) the contribution or donation is in an amount equal to 
     or greater than $500 (other than a contribution or donation 
     returned within 60 days of receipt by the committee); or
       ``(B) the contribution or donation was made in violation of 
     section 315, 316, 317, 319, or 320 (other than a contribution 
     or donation returned within 30 days of receipt by the 
     committee).
       ``(2) Information included with transferred contribution or 
     donation.--A political committee shall include with any 
     contribution or donation transferred under paragraph (1)--
       ``(A) a request that the Commission return the contribution 
     or donation to the person making the contribution or 
     donation; and
       ``(B) information regarding the circumstances surrounding 
     the making of the contribution or donation and any opinion of 
     the political committee concerning whether the contribution 
     or donation may have been made in violation of this Act.
       ``(3) Establishment of escrow account.--
       ``(A) In general.--The Commission shall establish a single 
     interest-bearing escrow account for deposit of amounts 
     transferred under paragraph (1).
       ``(B) Disposition of amounts received.--On receiving an 
     amount from a political committee under paragraph (1), the 
     Commission shall--
       ``(i) deposit the amount in the escrow account established 
     under subparagraph (A); and
       ``(ii) notify the Attorney General and the Commissioner of 
     the Internal Revenue Service of the receipt of the amount 
     from the political committee.
       ``(C) Use of interest to cover administrative costs.--Any 
     interest earned on amounts in the escrow account established 
     under subparagraph (A) shall be applied toward the 
     administrative costs incurred by the Commission in 
     establishing and administering the account, and any remaining 
     interest shall be deposited in the general fund of the 
     Treasury.
       ``(4) Treatment of returned contribution or donation as a 
     complaint.--The transfer of any contribution or donation to 
     the Commission under this section shall be treated as the 
     filing of a complaint under section 309(a).
       ``(b) Use of Amounts Placed in Escrow To Cover Fines and 
     Penalties.--The Commission or the Attorney General may 
     require any amount deposited in the escrow account under 
     subsection (a)(3) to be applied toward the payment of any 
     fine or penalty imposed under this Act or title 18, United 
     States Code against the person making the contribution or 
     donation.
       ``(c) Return of Contribution or Donation After Deposit in 
     Escrow.--
       ``(1) In general.--The Commission shall return a 
     contribution or donation deposited in the escrow account 
     under subsection (a)(3) to the person making the contribution 
     or donation if--
       ``(A) within 180 days after the date the contribution or 
     donation is transferred, the Commission has not made a 
     determination under section 309(a)(2) that the Commission

[[Page H4329]]

     has reason to believe that the making of the contribution or 
     donation was made in violation of this Act; or
       ``(B)(i) the contribution or donation will not be used to 
     cover fines, penalties, or costs pursuant to subsection (b); 
     or
       ``(ii) if the contribution or donation will be used for 
     those purposes, that the amounts required for those purposes 
     have been withdrawn from the escrow account and subtracted 
     from the returnable contribution or donation.
       ``(2) No effect on status of investigation.--The return of 
     a contribution or donation by the Commission under this 
     subsection shall not be construed as having an effect on the 
     status of an investigation by the Commission or the Attorney 
     General of the contribution or donation or the circumstances 
     surrounding the contribution or donation, or on the ability 
     of the Commission or the Attorney General to take future 
     actions with respect to the contribution or donation.''.
       (b) Amounts Used to Determine Amount of Penalty for 
     Violation.--Section 309(a) of such Act (2 U.S.C. 437g(a)) is 
     amended by inserting after paragraph (9) the following new 
     paragraph:
       ``(10) For purposes of determining the amount of a civil 
     penalty imposed under this subsection for violations of 
     section 325, the amount of the donation involved shall be 
     treated as the amount of the contribution involved.''.
       (c) Donation Defined.--Section 301 of such Act (2 U.S.C. 
     431) is amended by adding at the end the following:
       ``(20) The term `donation' means a gift, subscription, 
     loan, advance, or deposit of money or anything else of value 
     made by any person to a national committee of a political 
     party or a Senatorial or Congressional Campaign Committee of 
     a national political party for any purpose, but does not 
     include a contribution (as defined in paragraph (8)).''.
       (d) Disgorgement Authority.--Section 309 of such Act (2 
     U.S.C. 437g) is amended by adding at the end the following 
     new subsection:
       ``(e) Any conciliation agreement, civil action, or criminal 
     action entered into or instituted under this section may 
     require a person to forfeit to the Treasury any contribution, 
     donation, or expenditure that is the subject of the agreement 
     or action for transfer to the Commission for deposit in 
     accordance with section 325.''.
       (e) Effective Date.--The amendments made by subsections 
     (a), (b), and (c) shall apply to contributions or donations 
     refunded on or after the date of the enactment of this Act, 
     without regard to whether the Federal Election Commission or 
     Attorney General has issued regulations to carry out section 
     325 of the Federal Election Campaign Act of 1971 (as added by 
     subsection (a)) by such date.

                               H.R. 2183

                         Offered By: Mr. Gekas

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

       Amendment No. 65: Add at the end of title V the following 
     new section (and conform the table of contents accordingly):

     SEC. 510. DEPOSIT OF CERTAIN CONTRIBUTIONS AND DONATIONS IN 
                   TREASURY ACCOUNT.

       (a) In General.--Title III of the Federal Election Campaign 
     Act of 1971 (2 U.S.C. 431 et seq.), as amended by sections 
     101, 401, and 507, is further amended by adding at the end 
     the following new section:


 ``treatment of certain contributions and donations to be returned to 
                                 donors

       ``Sec. 326. (a) Transfer to Commission.--
       ``(1) In general.--Notwithstanding any other provision of 
     this Act, if a political committee intends to return any 
     contribution or donation given to the political committee, 
     the committee shall transfer the contribution or donation to 
     the Commission if--
       ``(A) the contribution or donation is in an amount equal to 
     or greater than $500 (other than a contribution or donation 
     returned within 60 days of receipt by the committee); or
       ``(B) the contribution or donation was made in violation of 
     section 315, 316, 317, 319, or 320 (other than a contribution 
     or donation returned within 30 days of receipt by the 
     committee).
       ``(2) Information included with transferred contribution or 
     donation.--A political committee shall include with any 
     contribution or donation transferred under paragraph (1)--
       ``(A) a request that the Commission return the contribution 
     or donation to the person making the contribution or 
     donation; and
       ``(B) information regarding the circumstances surrounding 
     the making of the contribution or donation and any opinion of 
     the political committee concerning whether the contribution 
     or donation may have been made in violation of this Act.
       ``(3) Establishment of escrow account.--
       ``(A) In general.--The Commission shall establish a single 
     interest-bearing escrow account for deposit of amounts 
     transferred under paragraph (1).
       ``(B) Disposition of amounts received.--On receiving an 
     amount from a political committee under paragraph (1), the 
     Commission shall--
       ``(i) deposit the amount in the escrow account established 
     under subparagraph (A); and
       ``(ii) notify the Attorney General and the Commissioner of 
     the Internal Revenue Service of the receipt of the amount 
     from the political committee.
       ``(C) Use of interest to cover administrative costs.--Any 
     interest earned on amounts in the escrow account established 
     under subparagraph (A) shall be applied toward the 
     administrative costs incurred by the Commission in 
     establishing and administering the account, and any remaining 
     interest shall be deposited in the general fund of the 
     Treasury.
       ``(4) Treatment of returned contribution or donation as a 
     complaint.--The transfer of any contribution or donation to 
     the Commission under this section shall be treated as the 
     filing of a complaint under section 309(a).
       ``(b) Use of Amounts Placed in Escrow To Cover Fines and 
     Penalties.--The Commission or the Attorney General may 
     require any amount deposited in the escrow account under 
     subsection (a)(3) to be applied toward the payment of any 
     fine or penalty imposed under this Act or title 18, United 
     States Code against the person making the contribution or 
     donation.
       ``(c) Return of Contribution or Donation After Deposit in 
     Escrow.--
       ``(1) In general.--The Commission shall return a 
     contribution or donation deposited in the escrow account 
     under subsection (a)(3) to the person making the contribution 
     or donation if--
       ``(A) within 180 days after the date the contribution or 
     donation is transferred, the Commission has not made a 
     determination under section 309(a)(2) that the Commission has 
     reason to believe that the making of the contribution or 
     donation was made in violation of this Act; or
       ``(B)(i) the contribution or donation will not be used to 
     cover fines, penalties, or costs pursuant to subsection (b); 
     or
       ``(ii) if the contribution or donation will be used for 
     those purposes, that the amounts required for those purposes 
     have been withdrawn from the escrow account and subtracted 
     from the returnable contribution or donation.
       ``(2) No effect on status of investigation.--The return of 
     a contribution or donation by the Commission under this 
     subsection shall not be construed as having an effect on the 
     status of an investigation by the Commission or the Attorney 
     General of the contribution or donation or the circumstances 
     surrounding the contribution or donation, or on the ability 
     of the Commission or the Attorney General to take future 
     actions with respect to the contribution or donation.''.
       (b) Amounts Used to Determine Amount of Penalty for 
     Violation.--Section 309(a) of such Act (2 U.S.C. 437g(a)) is 
     amended by inserting after paragraph (9) the following new 
     paragraph:
       ``(10) For purposes of determining the amount of a civil 
     penalty imposed under this subsection for violations of 
     section 326, the amount of the donation involved shall be 
     treated as the amount of the contribution involved.''.
       (c) Donation Defined.--Section 301 of such Act (2 U.S.C. 
     431), as amended by sections 201(b) and 307(b), is further 
     amended by adding at the end the following:
       ``(22) Donation.--The term `donation' means a gift, 
     subscription, loan, advance, or deposit of money or anything 
     else of value made by any person to a national committee of a 
     political party or a Senatorial or Congressional Campaign 
     Committee of a national political party for any purpose, but 
     does not include a contribution (as defined in paragraph 
     (8)).''.
       (d) Disgorgement Authority.--Section 309 of such Act (2 
     U.S.C. 437g) is amended by adding at the end the following 
     new subsection:
       ``(e) Any conciliation agreement, civil action, or criminal 
     action entered into or instituted under this section may 
     require a person to forfeit to the Treasury any contribution, 
     donation, or expenditure that is the subject of the agreement 
     or action for transfer to the Commission for deposit in 
     accordance with section 326.''.
       (e) Effective Date.--The amendments made by subsections 
     (a), (b), and (c) shall apply to contributions or donations 
     refunded on or after the date of the enactment of this Act, 
     without regard to whether the Federal Election Commission or 
     Attorney General has issued regulations to carry out section 
     326 of the Federal Election Campaign Act of 1971 (as added by 
     subsection (a)) by such date.

                               H.R. 2183

                          Offered by Mr. Gekas

               (To the Amendment Offered By: Mr. Tierney)

       Amendment No. 66: Insert after title V the following new 
     title (and redesignate the succeeding provisions and conform 
     the table of contents accordingly):

               TITLE VI--TREATMENT OF REFUNDED DONATIONS

     SEC. 601. DEPOSIT OF CERTAIN CONTRIBUTIONS AND DONATIONS IN 
                   TREASURY ACCOUNT.

       (a) In General.--Title III of the Federal Election Campaign 
     Act of 1971 (2 U.S.C. 431 et seq.), as amended by sections 
     401 and 402(d), is further amended by adding at the end the 
     following new section:


 ``treatment of certain contributions and donations to be returned to 
                                 donors

       ``Sec. 326. (a) Transfer to Commission.--
       ``(1) In general.--Notwithstanding any other provision of 
     this Act, if a political

[[Page H4330]]

     committee intends to return any contribution or donation 
     given to the political committee, the committee shall 
     transfer the contribution or donation to the Commission if--
       ``(A) the contribution or donation is in an amount equal to 
     or greater than $500 (other than a contribution or donation 
     returned within 60 days of receipt by the committee); or
       ``(B) the contribution or donation was made in violation of 
     section 315, 316, 317, 319, or 320 (other than a contribution 
     or donation returned within 30 days of receipt by the 
     committee).
       ``(2) Information included with transferred contribution or 
     donation.--A political committee shall include with any 
     contribution or donation transferred under paragraph (1)--
       ``(A) a request that the Commission return the contribution 
     or donation to the person making the contribution or 
     donation; and
       ``(B) information regarding the circumstances surrounding 
     the making of the contribution or donation and any opinion of 
     the political committee concerning whether the contribution 
     or donation may have been made in violation of this Act.
       ``(3) Establishment of escrow account.--
       ``(A) In general.--The Commission shall establish a single 
     interest-bearing escrow account for deposit of amounts 
     transferred under paragraph (1).
       ``(B) Disposition of amounts received.--On receiving an 
     amount from a political committee under paragraph (1), the 
     Commission shall--
       ``(i) deposit the amount in the escrow account established 
     under subparagraph (A); and
       ``(ii) notify the Attorney General and the Commissioner of 
     the Internal Revenue Service of the receipt of the amount 
     from the political committee.
       ``(C) Use of interest to cover administrative costs.--Any 
     interest earned on amounts in the escrow account established 
     under subparagraph (A) shall be applied toward the 
     administrative costs incurred by the Commission in 
     establishing and administering the account, and any remaining 
     interest shall be deposited in the general fund of the 
     Treasury.
       ``(4) Treatment of returned contribution or donation as a 
     complaint.--The transfer of any contribution or donation to 
     the Commission under this section shall be treated as the 
     filing of a complaint under section 309(a).
       ``(b) Use of Amounts Placed in Escrow To Cover Fines and 
     Penalties.--The Commission or the Attorney General may 
     require any amount deposited in the escrow account under 
     subsection (a)(3) to be applied toward the payment of any 
     fine or penalty imposed under this Act or title 18, United 
     States Code against the person making the contribution or 
     donation.
       ``(c) Return of Contribution or Donation After Deposit in 
     Escrow.--
       ``(1) In general.--The Commission shall return a 
     contribution or donation deposited in the escrow account 
     under subsection (a)(3) to the person making the contribution 
     or donation if--
       ``(A) within 180 days after the date the contribution or 
     donation is transferred, the Commission has not made a 
     determination under section 309(a)(2) that the Commission has 
     reason to believe that the making of the contribution or 
     donation was made in violation of this Act; or
       ``(B)(i) the contribution or donation will not be used to 
     cover fines, penalties, or costs pursuant to subsection (b); 
     or
       ``(ii) if the contribution or donation will be used for 
     those purposes, that the amounts required for those purposes 
     have been withdrawn from the escrow account and subtracted 
     from the returnable contribution or donation.
       ``(2) No effect on status of investigation.--The return of 
     a contribution or donation by the Commission under this 
     subsection shall not be construed as having an effect on the 
     status of an investigation by the Commission or the Attorney 
     General of the contribution or donation or the circumstances 
     surrounding the contribution or donation, or on the ability 
     of the Commission or the Attorney General to take future 
     actions with respect to the contribution or donation.''.
       (b) Amounts Used to Determine Amount of Penalty for 
     Violation.--Section 309(a) of such Act (2 U.S.C. 437g(a)) is 
     amended by inserting after paragraph (9) the following new 
     paragraph:
       ``(10) For purposes of determining the amount of a civil 
     penalty imposed under this subsection for violations of 
     section 326, the amount of the donation involved shall be 
     treated as the amount of the contribution involved.''.
       (c) Donation Defined.--Section 301 of such Act (2 U.S.C. 
     431), as amended by section 402(c), is further amended by 
     adding at the end the following:
       ``(22) The term `donation' means a gift, subscription, 
     loan, advance, or deposit of money or anything else of value 
     made by any person to a national committee of a political 
     party or a Senatorial or Congressional Campaign Committee of 
     a national political party for any purpose, but does not 
     include a contribution (as defined in paragraph (8)).''.
       (d) Disgorgement Authority.--Section 309 of such Act (2 
     U.S.C. 437g) is amended by adding at the end the following 
     new subsection:
       ``(e) Any conciliation agreement, civil action, or criminal 
     action entered into or instituted under this section may 
     require a person to forfeit to the Treasury any contribution, 
     donation, or expenditure that is the subject of the agreement 
     or action for transfer to the Commission for deposit in 
     accordance with section 326.''.
       (e) Effective Date.--The amendments made by subsections 
     (a), (b), and (c) shall apply to contributions or donations 
     refunded on or after the date of the enactment of this Act, 
     without regard to whether the Federal Election Commission or 
     Attorney General has issued regulations to carry out section 
     326 of the Federal Election Campaign Act of 1971 (as added by 
     subsection (a)) by such date.

                               H.R. 2183

                         Offered By: Mr. Gekas

                (To the Amendment Offered By: Mr. Farr)

       Amendment No. 67: Add at the end of title VII the following 
     new section (and conform the table of contents accordingly):

     SEC. 704. DEPOSIT OF CERTAIN CONTRIBUTIONS AND DONATIONS IN 
                   TREASURY ACCOUNT.

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


 ``treatment of certain contributions and donations to be returned to 
                                 donors

       ``Sec. 325. (a) Transfer to Commission.--
       ``(1) In general.--Notwithstanding any other provision of 
     this Act, if a political committee intends to return any 
     contribution or donation given to the political committee, 
     the committee shall transfer the contribution or donation to 
     the Commission if--
       ``(A) the contribution or donation is in an amount equal to 
     or greater than $500 (other than a contribution or donation 
     returned within 60 days of receipt by the committee); or
       ``(B) the contribution or donation was made in violation of 
     section 315, 316, 317, 319, or 320 (other than a contribution 
     or donation returned within 30 days of receipt by the 
     committee).
       ``(2) Information included with transferred contribution or 
     donation.--A political committee shall include with any 
     contribution or donation transferred under paragraph (1)--
       ``(A) a request that the Commission return the contribution 
     or donation to the person making the contribution or 
     donation; and
       ``(B) information regarding the circumstances surrounding 
     the making of the contribution or donation and any opinion of 
     the political committee concerning whether the contribution 
     or donation may have been made in violation of this Act.
       ``(3) Establishment of escrow account.--
       ``(A) In general.--The Commission shall establish a single 
     interest-bearing escrow account for deposit of amounts 
     transferred under paragraph (1).
       ``(B) Disposition of amounts received.--On receiving an 
     amount from a political committee under paragraph (1), the 
     Commission shall--
       ``(i) deposit the amount in the escrow account established 
     under subparagraph (A); and
       ``(ii) notify the Attorney General and the Commissioner of 
     the Internal Revenue Service of the receipt of the amount 
     from the political committee.
       ``(C) Use of interest to cover administrative costs.--Any 
     interest earned on amounts in the escrow account established 
     under subparagraph (A) shall be applied toward the 
     administrative costs incurred by the Commission in 
     establishing and administering the account, and any remaining 
     interest shall be deposited in the general fund of the 
     Treasury.
       ``(4) Treatment of returned contribution or donation as a 
     complaint.--The transfer of any contribution or donation to 
     the Commission under this section shall be treated as the 
     filing of a complaint under section 309(a).
       ``(b) Use of Amounts Placed in Escrow To Cover Fines and 
     Penalties.--The Commission or the Attorney General may 
     require any amount deposited in the escrow account under 
     subsection (a)(3) to be applied toward the payment of any 
     fine or penalty imposed under this Act or title 18, United 
     States Code against the person making the contribution or 
     donation.
       ``(c) Return of Contribution or Donation After Deposit in 
     Escrow.--
       ``(1) In general.--The Commission shall return a 
     contribution or donation deposited in the escrow account 
     under subsection (a)(3) to the person making the contribution 
     or donation if--
       ``(A) within 180 days after the date the contribution or 
     donation is transferred, the Commission has not made a 
     determination under section 309(a)(2) that the Commission has 
     reason to believe that the making of the contribution or 
     donation was made in violation of this Act; or
       ``(B)(i) the contribution or donation will not be used to 
     cover fines, penalties, or costs pursuant to subsection (b); 
     or
       ``(ii) if the contribution or donation will be used for 
     those purposes, that the amounts required for those purposes 
     have been withdrawn from the escrow account and subtracted 
     from the returnable contribution or donation.
       ``(2) No effect on status of investigation.--The return of 
     a contribution or donation by the Commission under this 
     subsection shall not be construed as having an

[[Page H4331]]

     effect on the status of an investigation by the Commission or 
     the Attorney General of the contribution or donation or the 
     circumstances surrounding the contribution or donation, or on 
     the ability of the Commission or the Attorney General to take 
     future actions with respect to the contribution or 
     donation.''.
       (b) Amounts Used to Determine Amount of Penalty for 
     Violation.--Section 309(a) of such Act (2 U.S.C. 437g(a)) is 
     amended by inserting after paragraph (9) the following new 
     paragraph:
       ``(10) For purposes of determining the amount of a civil 
     penalty imposed under this subsection for violations of 
     section 325, the amount of the donation involved shall be 
     treated as the amount of the contribution involved.''.
       (c) Donation Defined.--Section 301 of such Act (2 U.S.C. 
     431), as amended by sections 133 and 301(b), is further 
     amended by adding at the end the following:
       ``(32) The term `donation' means a gift, subscription, 
     loan, advance, or deposit of money or anything else of value 
     made by any person to a national committee of a political 
     party or a Senatorial or Congressional Campaign Committee of 
     a national political party for any purpose, but does not 
     include a contribution (as defined in paragraph (8)).''.
       (d) Disgorgement Authority.--Section 309 of such Act (2 
     U.S.C. 437g) is amended by adding at the end the following 
     new subsection:
       ``(e) Any conciliation agreement, civil action, or criminal 
     action entered into or instituted under this section may 
     require a person to forfeit to the Treasury any contribution, 
     donation, or expenditure that is the subject of the agreement 
     or action for transfer to the Commission for deposit in 
     accordance with section 325.''.
       (e) Effective Date.--The amendments made by subsections 
     (a), (b), and (c) shall apply to contributions or donations 
     refunded on or after the date of the enactment of this Act, 
     without regard to whether the Federal Election Commission or 
     Attorney General has issued regulations to carry out section 
     325 of the Federal Election Campaign Act of 1971 (as added by 
     subsection (a)) by such date.

                               H.R. 2183

                         Offered By: Mr. Gekas

              (To the Amendment Offered By: Mr. Doolittle)

       Amendment No. 68: Add at the end the following new section:

     SEC. 7. DEPOSIT OF CERTAIN CONTRIBUTIONS AND DONATIONS IN 
                   TREASURY ACCOUNT.

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


 ``treatment of certain contributions and donations to be returned to 
                                 donors

       ``Sec. 323. (a) Transfer to Commission.--
       ``(1) In general.--Notwithstanding any other provision of 
     this Act, if a political committee intends to return any 
     contribution or donation given to the political committee, 
     the committee shall transfer the contribution or donation to 
     the Commission if--
       ``(A) the contribution or donation is in an amount equal to 
     or greater than $500 (other than a contribution or donation 
     returned within 60 days of receipt by the committee); or
       ``(B) the contribution or donation was made in violation of 
     section 315, 316, 317, 319, or 320 (other than a contribution 
     or donation returned within 30 days of receipt by the 
     committee).
       ``(2) Information included with transferred contribution or 
     donation.--A political committee shall include with any 
     contribution or donation transferred under paragraph (1)--
       ``(A) a request that the Commission return the contribution 
     or donation to the person making the contribution or 
     donation; and
       ``(B) information regarding the circumstances surrounding 
     the making of the contribution or donation and any opinion of 
     the political committee concerning whether the contribution 
     or donation may have been made in violation of this Act.
       ``(3) Establishment of escrow account.--
       ``(A) In general.--The Commission shall establish a single 
     interest-bearing escrow account for deposit of amounts 
     transferred under paragraph (1).
       ``(B) Disposition of amounts received.--On receiving an 
     amount from a political committee under paragraph (1), the 
     Commission shall--
       ``(i) deposit the amount in the escrow account established 
     under subparagraph (A); and
       ``(ii) notify the Attorney General and the Commissioner of 
     the Internal Revenue Service of the receipt of the amount 
     from the political committee.
       ``(C) Use of interest to cover administrative costs.--Any 
     interest earned on amounts in the escrow account established 
     under subparagraph (A) shall be applied toward the 
     administrative costs incurred by the Commission in 
     establishing and administering the account, and any remaining 
     interest shall be deposited in the general fund of the 
     Treasury.
       ``(4) Treatment of returned contribution or donation as a 
     complaint.--The transfer of any contribution or donation to 
     the Commission under this section shall be treated as the 
     filing of a complaint under section 309(a).
       ``(b) Use of Amounts Placed in Escrow To Cover Fines and 
     Penalties.--The Commission or the Attorney General may 
     require any amount deposited in the escrow account under 
     subsection (a)(3) to be applied toward the payment of any 
     fine or penalty imposed under this Act or title 18, United 
     States Code against the person making the contribution or 
     donation.
       ``(c) Return of Contribution or Donation After Deposit in 
     Escrow.--
       ``(1) In general.--The Commission shall return a 
     contribution or donation deposited in the escrow account 
     under subsection (a)(3) to the person making the contribution 
     or donation if--
       ``(A) within 180 days after the date the contribution or 
     donation is transferred, the Commission has not made a 
     determination under section 309(a)(2) that the Commission has 
     reason to believe that the making of the contribution or 
     donation was made in violation of this Act; or
       ``(B)(i) the contribution or donation will not be used to 
     cover fines, penalties, or costs pursuant to subsection (b); 
     or
       ``(ii) if the contribution or donation will be used for 
     those purposes, that the amounts required for those purposes 
     have been withdrawn from the escrow account and subtracted 
     from the returnable contribution or donation.
       ``(2) No effect on status of investigation.--The return of 
     a contribution or donation by the Commission under this 
     subsection shall not be construed as having an effect on the 
     status of an investigation by the Commission or the Attorney 
     General of the contribution or donation or the circumstances 
     surrounding the contribution or donation, or on the ability 
     of the Commission or the Attorney General to take future 
     actions with respect to the contribution or donation.''.
       (b) Amounts Used to Determine Amount of Penalty for 
     Violation.--Section 309(a) of such Act (2 U.S.C. 437g(a)) is 
     amended by inserting after paragraph (9) the following new 
     paragraph:
       ``(10) For purposes of determining the amount of a civil 
     penalty imposed under this subsection for violations of 
     section 323, the amount of the donation involved shall be 
     treated as the amount of the contribution involved.''.
       (c) Donation Defined.--Section 301 of such Act (2 U.S.C. 
     431) is amended by adding at the end the following:
       ``(20) The term `donation' means a gift, subscription, 
     loan, advance, or deposit of money or anything else of value 
     made by any person to a national committee of a political 
     party or a Senatorial or Congressional Campaign Committee of 
     a national political party for any purpose, but does not 
     include a contribution (as defined in paragraph (8)).''.
       (d) Disgorgement Authority.--Section 309 of such Act (2 
     U.S.C. 437g) is amended by adding at the end the following 
     new subsection:
       ``(e) Any conciliation agreement, civil action, or criminal 
     action entered into or instituted under this section may 
     require a person to forfeit to the Treasury any contribution, 
     donation, or expenditure that is the subject of the agreement 
     or action for transfer to the Commission for deposit in 
     accordance with section 323.''.
       (e) Effective Date.--The amendments made by subsections 
     (a), (b), and (c) shall apply to contributions or donations 
     refunded on or after the date of the enactment of this Act, 
     without regard to whether the Federal Election Commission or 
     Attorney General has issued regulations to carry out section 
     323 of the Federal Election Campaign Act of 1971 (as added by 
     subsection (a)) by such date.

                               H.R. 2183

                         Offered By: Mr. Gekas

             (To the Amendment Offered By: Mr. Snowbarger)

       Amendment No. 69: Add at the end the following new section:

     SEC. 9. DEPOSIT OF CERTAIN CONTRIBUTIONS AND DONATIONS IN 
                   TREASURY ACCOUNT.

       (a) In General.--Title III of the Federal Election Campaign 
     Act of 1971 (2 U.S.C. 431 et seq.), as amended by section 6, 
     is amended by adding at the end the following new section:


 ``treatment of certain contributions and donations to be returned to 
                                 donors

       ``Sec. 324. (a) Transfer to Commission.--
       ``(1) In general.--Notwithstanding any other provision of 
     this Act, if a political committee intends to return any 
     contribution or donation given to the political committee, 
     the committee shall transfer the contribution or donation to 
     the Commission if--
       ``(A) the contribution or donation is in an amount equal to 
     or greater than $500 (other than a contribution or donation 
     returned within 60 days of receipt by the committee); or
       ``(B) the contribution or donation was made in violation of 
     section 315, 316, 317, 319, or 320 (other than a contribution 
     or donation returned within 30 days of receipt by the 
     committee).
       ``(2) Information included with transferred contribution or 
     donation.--A political committee shall include with any 
     contribution or donation transferred under paragraph (1)--
       ``(A) a request that the Commission return the contribution 
     or donation to the person making the contribution or 
     donation; and
       ``(B) information regarding the circumstances surrounding 
     the making of the

[[Page H4332]]

     contribution or donation and any opinion of the political 
     committee concerning whether the contribution or donation may 
     have been made in violation of this Act.
       ``(3) Establishment of escrow account.--
       ``(A) In general.--The Commission shall establish a single 
     interest-bearing escrow account for deposit of amounts 
     transferred under paragraph (1).
       ``(B) Disposition of amounts received.--On receiving an 
     amount from a political committee under paragraph (1), the 
     Commission shall--
       ``(i) deposit the amount in the escrow account established 
     under subparagraph (A); and
       ``(ii) notify the Attorney General and the Commissioner of 
     the Internal Revenue Service of the receipt of the amount 
     from the political committee.
       ``(C) Use of interest to cover administrative costs.--Any 
     interest earned on amounts in the escrow account established 
     under subparagraph (A) shall be applied toward the 
     administrative costs incurred by the Commission in 
     establishing and administering the account, and any remaining 
     interest shall be deposited in the general fund of the 
     Treasury.
       ``(4) Treatment of returned contribution or donation as a 
     complaint.--The transfer of any contribution or donation to 
     the Commission under this section shall be treated as the 
     filing of a complaint under section 309(a).
       ``(b) Use of Amounts Placed in Escrow To Cover Fines and 
     Penalties.--The Commission or the Attorney General may 
     require any amount deposited in the escrow account under 
     subsection (a)(3) to be applied toward the payment of any 
     fine or penalty imposed under this Act or title 18, United 
     States Code against the person making the contribution or 
     donation.
       ``(c) Return of Contribution or Donation After Deposit in 
     Escrow.--
       ``(1) In general.--The Commission shall return a 
     contribution or donation deposited in the escrow account 
     under subsection (a)(3) to the person making the contribution 
     or donation if--
       ``(A) within 180 days after the date the contribution or 
     donation is transferred, the Commission has not made a 
     determination under section 309(a)(2) that the Commission has 
     reason to believe that the making of the contribution or 
     donation was made in violation of this Act; or
       ``(B)(i) the contribution or donation will not be used to 
     cover fines, penalties, or costs pursuant to subsection (b); 
     or
       ``(ii) if the contribution or donation will be used for 
     those purposes, that the amounts required for those purposes 
     have been withdrawn from the escrow account and subtracted 
     from the returnable contribution or donation.
       ``(2) No effect on status of investigation.--The return of 
     a contribution or donation by the Commission under this 
     subsection shall not be construed as having an effect on the 
     status of an investigation by the Commission or the Attorney 
     General of the contribution or donation or the circumstances 
     surrounding the contribution or donation, or on the ability 
     of the Commission or the Attorney General to take future 
     actions with respect to the contribution or donation.''.
       (b) Amounts Used to Determine Amount of Penalty for 
     Violation.--Section 309(a) of such Act (2 U.S.C. 437g(a)) is 
     amended by inserting after paragraph (9) the following new 
     paragraph:
       ``(10) For purposes of determining the amount of a civil 
     penalty imposed under this subsection for violations of 
     section 324, the amount of the donation involved shall be 
     treated as the amount of the contribution involved.''.
       (c) Donation Defined.--Section 301 of such Act (2 U.S.C. 
     431) is amended by adding at the end the following:
       ``(20) The term `donation' means a gift, subscription, 
     loan, advance, or deposit of money or anything else of value 
     made by any person to a national committee of a political 
     party or a Senatorial or Congressional Campaign Committee of 
     a national political party for any purpose, but does not 
     include a contribution (as defined in paragraph (8)).''.
       (d) Disgorgement Authority.--Section 309 of such Act (2 
     U.S.C. 437g) is amended by adding at the end the following 
     new subsection:
       ``(e) Any conciliation agreement, civil action, or criminal 
     action entered into or instituted under this section may 
     require a person to forfeit to the Treasury any contribution, 
     donation, or expenditure that is the subject of the agreement 
     or action for transfer to the Commission for deposit in 
     accordance with section 324.''.
       (e) Effective Date.--The amendments made by subsections 
     (a), (b), and (c) shall apply to contributions or donations 
     refunded on or after the date of the enactment of this Act, 
     without regard to whether the Federal Election Commission or 
     Attorney General has issued regulations to carry out section 
     324 of the Federal Election Campaign Act of 1971 (as added by 
     subsection (a)) by such date.

                               H.R. 2888

                         Offered By: Mr. Fawell

       Amendment No. 1: Page 4, strike lines 8 through 13 and 
     insert the following:
       ``(B) the employee's--
       ``(i) sales are predominantly to persons or entities to 
     whom the employee's position has made previous sales; or
       ``(ii) the position does not involve initiating sales 
     contacts;

                               H.R. 2888

                         Offered By: Mr. Owens

       Amendment No. 2: Page 6, line 9, strike the period, 
     quotation marks, and the period following and insert a 
     semicolon and insert after line 9 the following:

     except that an employer may not require an employee who is 
     exempt from overtime payment under this paragraph to work any 
     hours in excess of 40 in any workweek or 8 in any day unless 
     the employee gives the employee's consent, voluntarily and 
     not as a condition of employment, to perform such work.''.

                               H.R. 3494

                         Offered By: Mrs. Kelly

       Amendment No. 1: Add at the end the following new title:

   TITLE V--CHILD HOSTAGE-TAKING TO EVADE ARREST OR OBSTRUCT JUSTICE

     SEC. 501. CHILD HOSTAGE-TAKING TO EVADE ARREST OR OBSTRUCT 
                   JUSTICE.

       (a) In General.--Chapter 55 of title 18, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 1205. Child hostage-taking to evade arrest or obstruct 
       justice

       ``(a) In General.--Whoever uses force or threatens to use 
     force against any officer or agency of the Federal 
     Government, and seizes or detains, or continues to detain, a 
     child in order to--
       ``(1) obstruct, resist, or oppose any officer of the United 
     States, or other person duly authorized, in serving, or 
     attempting to serve or execute, any legal or judicial writ, 
     process, or warrant of any court of the United States; or
       ``(2) compel any department or agency of the Federal 
     Government to do or to abstain from doing any act;

     or attempts to do so, shall be punished in accordance with 
     subsection (b).
       ``(b) Sentencing.--Any person who violates subsection (a)--
       ``(1) shall be imprisoned not less than 10 years and not 
     more than 25 years;
       ``(2) if injury results to the child as a result of the 
     violation, shall be imprisoned not less than 20 years and not 
     more than 35 years; and
       ``(3) if death results to the child as a result of the 
     violation, shall be subject to the penalty of death or be 
     imprisoned for life.
       ``(c) Definition.--For purposes of this section, the term 
     `child' means an individual who has not attained the age of 
     18 years.''.
       (b) Clerical Amendment.--The table of sections for chapter 
     55 of title 18, United States Code, is amended by adding at 
     the end the following new item:

``1205. Child hostage-taking to evade arrest or obstruct justice.''.