[Congressional Record Volume 144, Number 79 (Wednesday, June 17, 1998)]
[House]
[Pages H4712-H4722]
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. Gejdenson

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

       Amendment No. 118: Insert after title V the following new 
     title (and redesignate the succeeding provisions and conform 
     the table of contents accordingly):

      TITLE VI--INDEPENDENT COMMISSION ON CAMPAIGN FINANCE REFORM

     SEC. 601. ESTABLISHMENT AND PURPOSE OF COMMISSION.

       There is established a commission to be known as the 
     ``Independent Commission on Campaign Finance Reform'' 
     (referred to in this title as the ``Commission''). The 
     purposes of the Commission are to study the laws relating to 
     the financing of political activity and to report and 
     recommend legislation to reform those laws.

     SEC. 602. MEMBERSHIP OF COMMISSION.

       (a) Composition.--The Commission shall be composed of 12 
     members appointed within 15 days after the date of the 
     enactment of this Act by the President from among individuals 
     who are not incumbent Members of Congress and who are 
     specially qualified to serve on the Commission by reason of 
     education, training, or experience.
       (b) Appointment.--
       (1) In general.--Members shall be appointed as follows:
       (A) 3 members (one of whom shall be a political 
     independent) shall be appointed from among a list of nominees 
     submitted by the Speaker of the House of Representatives.
       (B) 3 members (one of whom shall be a political 
     independent) shall be appointed from among a list of nominees 
     submitted by the majority leader of the Senate.
       (C) 3 members (one of whom shall be a political 
     independent) shall be appointed from among a list of nominees 
     submitted by the minority leader of the House of 
     Representatives.
       (D) 3 members (one of whom shall be a political 
     independent) shall be appointed from among a list of nominees 
     submitted by the minority leader of the Senate.
       (2) Failure to submit list of nominees.--If an official 
     described in any of the subparagraphs of paragraph (1) fails 
     to submit a list of nominees to the President during the 15-
     day period which begins on the date of the enactment of this 
     Act--
       (A) such subparagraph shall no longer apply; and
       (B) the President shall appoint 3 members (one of whom 
     shall be a political independent) who meet the requirements 
     described in subsection (a) and such other criteria as the 
     President may apply.
       (3) Political independent defined.--In this subsection, the 
     term ``political independent'' means an individual who at no 
     time after January 1992--
       (A) has held elective office as a member of the Democratic 
     or Republican party;
       (B) has received any wages or salary from the Democratic or 
     Republican party or from a Democratic or Republican party 
     office-holder or candidate; or
       (C) has provided substantial volunteer services or made any 
     substantial contribution to the Democratic or Republican 
     party or to a Democratic or Republican party office-holder or 
     candidate.
       (c) Chairman.--At the time of the appointment, the 
     President shall designate one member of the Commission as 
     Chairman of the Commission.
       (d) Terms.--The members of the Commission shall serve for 
     the life of the Commission.
       (e) Vacancies.--A vacancy in the Commission shall be filled 
     in the manner in which the original appointment was made.
       (f) Political Affiliation.--Not more than 4 members of the 
     Commission may be of the same political party.

     SEC. 603. POWERS OF COMMISSION.

       (a) Hearings.--The Commission may, for the purpose of 
     carrying out this title, hold hearings, sit and act at times 
     and places, take testimony, and receive evidence as the 
     Commission considers appropriate. In carrying out the 
     preceding sentence, the Commission shall ensure that a 
     substantial number of its meetings are open meetings, with 
     significant opportunities for testimony from members of the 
     general public.
       (b) Quorum.--Seven members of the Commission shall 
     constitute a quorum, but a lesser number may hold hearings. 
     The approval of at least 9 members of the Commission is 
     required when approving all or a portion of the recommended 
     legislation. Any member of the Commission may, if authorized 
     by the Commission, take any action which the Commission is 
     authorized to take under this section.

     SEC. 604. ADMINISTRATIVE PROVISIONS.

       (a) Pay and Travel Expenses of Members.--(1) Each member of 
     the Commission shall be paid at a rate equal to the daily 
     equivalent of the annual rate of basic pay payable for level 
     IV of the Executive Schedule under section 5315 of title 5, 
     United States Code, for each day (including travel time) 
     during which the member is engaged in the actual performance 
     of duties vested in the Commission.
       (2) Members of the Commission shall receive travel 
     expenses, including per diem in lieu of subsistence, in 
     accordance with sections 5702 and 5703 of title 5, United 
     States Code.
       (b) Staff Director.--The Commission shall, without regard 
     to section 5311(b) of title 5, United States Code, appoint a 
     staff director, who shall be paid at the rate of basic pay 
     payable for level IV of the Executive Schedule under section 
     5315 of title 5, United States Code.
       (c) Staff of Commission; Services.--

[[Page H4713]]

       (1) In general.--With the approval of the Commission, the 
     staff director of the Commission may appoint and fix the pay 
     of additional personnel. The Director may make such 
     appointments without regard to the provisions of title 5, 
     United States Code, governing appointments in the competitive 
     service, and any personnel so appointed may be paid without 
     regard to the provisions of chapter 51 and subchapter III of 
     chapter 53 of that title relating to classification and 
     General Schedule pay rates, except that an individual so 
     appointed may not receive pay in excess of the maximum annual 
     rate of basic pay payable for grade GS-15 of the General 
     Schedule under section 5332 of title 5, United States Code.
       (2) Experts and consultants.--The Commission may procure by 
     contract the temporary or intermittent services of experts or 
     consultants pursuant to section 3109 of title 5, United 
     States Code.

     SEC. 605. REPORT AND RECOMMENDED LEGISLATION.

       (a) Report.--Not later than the expiration of the 180-day 
     period which begins on the date on which the second session 
     of the One Hundred Fifth Congress adjourns sine die, the 
     Commission shall submit to the President, the Speaker and 
     minority leader of the House of Representatives, and the 
     majority and minority leaders of the Senate a report of the 
     activities of the Commission.
       (b) Recommendations; Draft of Legislation.--The report 
     under subsection (a) shall include any recommendations for 
     changes in the laws (including regulations) governing the 
     financing of political activity (taking into account the 
     provisions of this Act and the amendments made by this Act), 
     including any changes in the rules of the Senate or the House 
     of Representatives, to which 9 or more members of the 
     Commission may agree, together with drafts of--
       (1) any legislation (including technical and conforming 
     provisions) recommended by the Commission to implement such 
     recommendations; and
       (2) any proposed amendment to the Constitution recommended 
     by the Commission as necessary to implement such 
     recommendations, except that if the Commission includes such 
     a proposed amendment in its report, it shall also include 
     recommendations (and drafts) for legislation which may be 
     implemented prior to the adoption of such proposed amendment.
       (c) Goals of Recommendations and Legislation.--In making 
     recommendations and preparing drafts of legislation under 
     this section, the Commission shall consider the following to 
     be its primary goals:
       (1) Encouraging fair and open Federal elections which 
     provide voters with meaningful information about candidates 
     and issues.
       (2) Eliminating the disproportionate influence of special 
     interest financing of Federal elections.
       (3) Creating a more equitable electoral system for 
     challengers and incumbents.

     SEC. 606. TERMINATION.

       The Commission shall cease to exist 90 days after the date 
     of the submission of its report under section 605.

     SEC. 607. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Commission 
     such sums as are necessary to carry out its duties under this 
     title.

                               H.R. 2183

                         Offered By: Mr. Gekas

       Amendment No. 119: 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.--Interest earned on amounts in the 
     escrow account established under subparagraph (A) shall be 
     applied or used for the same purposes as the donation or 
     contribution on which it is earned.
       ``(4) Treatment of returned contribution or donation as a 
     complaint.--The transfer of any contribution or donation to 
     the Commission under this section shall be treated as the 
     filing of a complaint under section 309(a).
       ``(b) Use of Amounts Placed in Escrow To Cover Fines and 
     Penalties.--The Commission or the Attorney General may 
     require any amount deposited in the escrow account under 
     subsection (a)(3) to be applied toward the payment of any 
     fine or penalty imposed under this Act or title 18, United 
     States Code against the person making the contribution or 
     donation.
       ``(c) Return of Contribution or Donation After Deposit in 
     Escrow.--
       ``(1) In general.--The Commission shall return a 
     contribution or donation deposited in the escrow account 
     under subsection (a)(3) to the person making the contribution 
     or donation if--
       ``(A) within 180 days after the date the contribution or 
     donation is transferred, the Commission has not made a 
     determination under section 309(a)(2) that the Commission has 
     reason to 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. 120: 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:

[[Page H4714]]

 ``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.--Interest earned on amounts in the 
     escrow account established under subparagraph (A) shall be 
     applied or used for the same purposes as the donation or 
     contribution on which it is earned.
       ``(4) Treatment of returned contribution or donation as a 
     complaint.--The transfer of any contribution or donation to 
     the Commission under this section shall be treated as the 
     filing of a complaint under section 309(a).
       ``(b) Use of Amounts Placed in Escrow To Cover Fines and 
     Penalties.--The Commission or the Attorney General may 
     require any amount deposited in the escrow account under 
     subsection (a)(3) to be applied toward the payment of any 
     fine or penalty imposed under this Act or title 18, United 
     States Code against the person making the contribution or 
     donation.
       ``(c) Return of Contribution or Donation After Deposit in 
     Escrow.--
       ``(1) In general.--The Commission shall return a 
     contribution or donation deposited in the escrow account 
     under subsection (a)(3) to the person making the contribution 
     or donation if--
       ``(A) within 180 days after the date the contribution or 
     donation is transferred, the Commission has not made a 
     determination under section 309(a)(2) that the Commission has 
     reason to 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. 121: 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.--Interest earned on amounts in the 
     escrow account established under subparagraph (A) shall be 
     applied or used for the same purposes as the donation or 
     contribution on which it is earned.
       ``(4) Treatment of returned contribution or donation as a 
     complaint.--The transfer of any contribution or donation to 
     the Commission under this section shall be treated as the 
     filing of a complaint under section 309(a).
       ``(b) Use of Amounts Placed in Escrow To Cover Fines and 
     Penalties.--The Commission or the Attorney General may 
     require any amount deposited in the escrow account under 
     subsection (a)(3) to be applied toward the payment of any 
     fine or penalty imposed under this Act or title 18, United 
     States Code against the person making the contribution or 
     donation.
       ``(c) Return of Contribution or Donation After Deposit in 
     Escrow.--
       ``(1) In general.--The Commission shall return a 
     contribution or donation deposited in the escrow account 
     under subsection (a)(3) to the person making the contribution 
     or donation if--
       ``(A) within 180 days after the date the contribution or 
     donation is transferred, the Commission has not made a 
     determination under section 309(a)(2) that the Commission has 
     reason to 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

[[Page H4715]]

     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. Doolittle)

       Amendment No. 122: 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.--Interest earned on amounts in the 
     escrow account established under subparagraph (A) shall be 
     applied or used for the same purposes as the donation or 
     contribution on which it is earned.
       ``(4) Treatment of returned contribution or donation as a 
     complaint.--The transfer of any contribution or donation to 
     the Commission under this section shall be treated as the 
     filing of a complaint under section 309(a).
       ``(b) Use of Amounts Placed in Escrow To Cover Fines and 
     Penalties.--The Commission or the Attorney General may 
     require any amount deposited in the escrow account under 
     subsection (a)(3) to be applied toward the payment of any 
     fine or penalty imposed under this Act or title 18, United 
     States Code against the person making the contribution or 
     donation.
       ``(c) Return of Contribution or Donation After Deposit in 
     Escrow.--
       ``(1) In general.--The Commission shall return a 
     contribution or donation deposited in the escrow account 
     under subsection (a)(3) to the person making the contribution 
     or donation if--
       ``(A) within 180 days after the date the contribution or 
     donation is transferred, the Commission has not made a 
     determination under section 309(a)(2) that the Commission has 
     reason to 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. 123: 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 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).

[[Page H4716]]

       ``(B) Disposition of amounts received.--On receiving an 
     amount from a political committee under paragraph (1), the 
     Commission shall--
       ``(i) deposit the amount in the escrow account established 
     under subparagraph (A); and
       ``(ii) notify the Attorney General and the Commissioner of 
     the Internal Revenue Service of the receipt of the amount 
     from the political committee.
       ``(C) Use of interest.--Interest earned on amounts in the 
     escrow account established under subparagraph (A) shall be 
     applied or used for the same purposes as the donation or 
     contribution on which it is earned.
       ``(4) Treatment of returned contribution or donation as a 
     complaint.--The transfer of any contribution or donation to 
     the Commission under this section shall be treated as the 
     filing of a complaint under section 309(a).
       ``(b) Use of Amounts Placed in Escrow To Cover Fines and 
     Penalties.--The Commission or the Attorney General may 
     require any amount deposited in the escrow account under 
     subsection (a)(3) to be applied toward the payment of any 
     fine or penalty imposed under this Act or title 18, United 
     States Code against the person making the contribution or 
     donation.
       ``(c) Return of Contribution or Donation After Deposit in 
     Escrow.--
       ``(1) In general.--The Commission shall return a 
     contribution or donation deposited in the escrow account 
     under subsection (a)(3) to the person making the contribution 
     or donation if--
       ``(A) within 180 days after the date the contribution or 
     donation is transferred, the Commission has not made a 
     determination under section 309(a)(2) that the Commission has 
     reason to 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. 124: 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.--Interest earned on amounts in the 
     escrow account established under subparagraph (A) shall be 
     applied or used for the same purposes as the donation or 
     contribution on which it is earned.
       ``(4) Treatment of returned contribution or donation as a 
     complaint.--The transfer of any contribution or donation to 
     the Commission under this section shall be treated as the 
     filing of a complaint under section 309(a).
       ``(b) Use of Amounts Placed in Escrow To Cover Fines and 
     Penalties.--The Commission or the Attorney General may 
     require any amount deposited in the escrow account under 
     subsection (a)(3) to be applied toward the payment of any 
     fine or penalty imposed under this Act or title 18, United 
     States Code against the person making the contribution or 
     donation.
       ``(c) Return of Contribution or Donation After Deposit in 
     Escrow.--
       ``(1) In general.--The Commission shall return a 
     contribution or donation deposited in the escrow account 
     under subsection (a)(3) to the person making the contribution 
     or donation if--
       ``(A) within 180 days after the date the contribution or 
     donation is transferred, the Commission has not made a 
     determination under section 309(a)(2) that the Commission has 
     reason to 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.''.

[[Page H4717]]

       (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. Shays or Mr. Meehan)

       Amendment No. 125: 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.--Interest earned on amounts in the 
     escrow account established under subparagraph (A) shall be 
     applied or used for the same purposes as the donation or 
     contribution on which it is earned.
       ``(4) Treatment of returned contribution or donation as a 
     complaint.--The transfer of any contribution or donation to 
     the Commission under this section shall be treated as the 
     filing of a complaint under section 309(a).
       ``(b) Use of Amounts Placed in Escrow To Cover Fines and 
     Penalties.--The Commission or the Attorney General may 
     require any amount deposited in the escrow account under 
     subsection (a)(3) to be applied toward the payment of any 
     fine or penalty imposed under this Act or title 18, United 
     States Code against the person making the contribution or 
     donation.
       ``(c) Return of Contribution or Donation After Deposit in 
     Escrow.--
       ``(1) In general.--The Commission shall return a 
     contribution or donation deposited in the escrow account 
     under subsection (a)(3) to the person making the contribution 
     or donation if--
       ``(A) within 180 days after the date the contribution or 
     donation is transferred, the Commission has not made a 
     determination under section 309(a)(2) that the Commission has 
     reason to 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. 126: 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.--Interest earned on amounts in the 
     escrow account established under subparagraph (A) shall be 
     applied or used for the same purposes as the donation or 
     contribution on which it is earned.
       ``(4) Treatment of returned contribution or donation as a 
     complaint.--The transfer of any contribution or donation to 
     the Commission under this section shall be treated as the 
     filing of a complaint under section 309(a).
       ``(b) Use of Amounts Placed in Escrow To Cover Fines and 
     Penalties.--The Commission or the Attorney General may 
     require any amount deposited in the escrow account under 
     subsection (a)(3) to be applied toward the payment of any 
     fine or penalty imposed under this Act or title 18, United 
     States Code against the person making the contribution or 
     donation.
       ``(c) Return of Contribution or Donation After Deposit in 
     Escrow.--

[[Page H4718]]

       ``(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 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. Tierney)

       Amendment No. 127: 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 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.--Interest earned on amounts in the 
     escrow account established under subparagraph (A) shall be 
     applied or used for the same purposes as the donation or 
     contribution on which it is earned.
       ``(4) Treatment of returned contribution or donation as a 
     complaint.--The transfer of any contribution or donation to 
     the Commission under this section shall be treated as the 
     filing of a complaint under section 309(a).
       ``(b) Use of Amounts Placed in Escrow To Cover Fines and 
     Penalties.--The Commission or the Attorney General may 
     require any amount deposited in the escrow account under 
     subsection (a)(3) to be applied toward the payment of any 
     fine or penalty imposed under this Act or title 18, United 
     States Code against the person making the contribution or 
     donation.
       ``(c) Return of Contribution or Donation After Deposit in 
     Escrow.--
       ``(1) In general.--The Commission shall return a 
     contribution or donation deposited in the escrow account 
     under subsection (a)(3) to the person making the contribution 
     or donation if--
       ``(A) within 180 days after the date the contribution or 
     donation is transferred, the Commission has not made a 
     determination under section 309(a)(2) that the Commission has 
     reason to 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. 128: 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.--

[[Page H4719]]

       ``(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.--Interest earned on amounts in the 
     escrow account established under subparagraph (A) shall be 
     applied or used for the same purposes as the donation or 
     contribution on which it is earned.
       ``(4) Treatment of returned contribution or donation as a 
     complaint.--The transfer of any contribution or donation to 
     the Commission under this section shall be treated as the 
     filing of a complaint under section 309(a).
       ``(b) Use of Amounts Placed in Escrow To Cover Fines and 
     Penalties.--The Commission or the Attorney General may 
     require any amount deposited in the escrow account under 
     subsection (a)(3) to be applied toward the payment of any 
     fine or penalty imposed under this Act or title 18, United 
     States Code against the person making the contribution or 
     donation.
       ``(c) Return of Contribution or Donation After Deposit in 
     Escrow.--
       ``(1) In general.--The Commission shall return a 
     contribution or donation deposited in the escrow account 
     under subsection (a)(3) to the person making the contribution 
     or donation if--
       ``(A) within 180 days after the date the contribution or 
     donation is transferred, the Commission has not made a 
     determination under section 309(a)(2) that the Commission has 
     reason to 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), 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. Goodlatte

               (To the Amendments Offered By: Mr. Shays)

       Amendment No. 129: Add at the end the following new title:

                  TITLE __--VOTER REGISTRATION REFORM

     SEC. __01. REPEAL OF REQUIREMENT FOR STATES TO PROVIDE FOR 
                   VOTER REGISTRATION BY MAIL.

       (a) In General.--Section 4(a) of the National Voter 
     Registration Act of 1993 (42 U.S.C. 1973gg-2) is amended--
       (1) in paragraph (1), by adding ``and'' at the end;
       (2) by striking paragraph (2); and
       (3) by redesignating paragraph (3) as paragraph (2).
       (b) Conforming Amendments Relating to Uniform Mail Voter 
     Registration Form.--(1) The National Voter Registration Act 
     of 1993 (42 U.S.C. 1973gg et seq.) is amended by striking 
     section 9.
       (2) Section 7(a)(6)(A) of such Act (42 U.S.C. 1973gg-
     5(a)(6)(A)) is amended by striking ``assistance--'' and all 
     that follows and inserting the following: ``assistance a 
     voter registration application form which meets the 
     requirements described in section 5(c)(2) (other than 
     subparagraph (A)), unless the applicant, in writing, declines 
     to register to vote;''.
       (c) Other Conforming Amendments.--(1) The National Voter 
     Registration Act of 1993 (42 U.S.C. 1973gg et seq.) is 
     amended by striking section 6.
       (2) Section 8(a)(5) of such Act (42 U.S.C. 1973gg-6(a)(5)) 
     is amended by striking ``5, 6, and 7'' and inserting ``5 and 
     7''.

     SEC. __02. REQUIRING APPLICANTS REGISTERING TO VOTE TO 
                   PROVIDE CERTAIN ADDITIONAL INFORMATION.

       (a) Social Security Number.--
       (1) In general.--Section 5(c)(2) of the National Voter 
     Registration Act of 1993 (42 U.S.C. 1973gg-3(c)(2)) is 
     amended--
       (A) by striking ``and'' at the end of subparagraph (D);
       (B) by striking the period at the end of subparagraph (E) 
     and inserting ``; and''; and
       (C) by adding at the end the following new subparagraph:
       ``(F) shall require the applicant to provide the 
     applicant's Social Security number.''.
       (2) Conforming amendment.--Section 5(c)(2)(A) of such Act 
     (42 U.S.C. 1973gg-3(c)(2)(A)) is amended by inserting after 
     ``subparagraph (C)'' the following: ``, or the information 
     described in subparagraph (F)''.
       (3) Effective date.--The amendments made by this section 
     shall take effect January 1, 1999, and shall apply with 
     respect to applicants registering to vote in elections for 
     Federal office on or after such date.
       (b) Actual Proof of Citizenship.--
       (1) Registration with application for driver's license.--
     Section 5(c) of the National Voter Registration Act of 1993 
     (42 U.S.C. 1973gg-3(c)) is amended by adding at the end the 
     following new paragraph:
       ``(3) The voter registration portion of an application for 
     a State motor vehicle driver's license shall not be 
     considered to be completed unless the applicant provides to 
     the appropriate State motor vehicle authority proof that the 
     applicant is a citizen of the United States.''.
       (2) Registration with voter registration agencies.--Section 
     7(a) of such Act (42 U.S.C. 1973gg-5(a)) is amended by adding 
     at the end the following new paragraph:
       ``(8) A voter registration application received by a voter 
     registration agency shall not be considered to be completed 
     unless the applicant provides to the agency proof that the 
     applicant is a citizen of the United States.''.
       (3) Conforming amendment.--Section 8(a)(5)(A) of such Act 
     (42 U.S.C. 1973gg-6(a)(5)(A)) is amended by striking the 
     semicolon and inserting the following: ``, including the 
     requirement that the applicant provide proof of 
     citizenship;''.
       (4) No effect on absent uniformed services and overseas 
     voters.--Nothing in the National Voter Registration Act of 
     1993 (as amended by this subsection) may be construed to 
     require any absent uniformed services voter or overseas voter 
     under the Uniformed and Overseas Citizens Absentee Voting Act 
     to provide any evidence of citizenship in order to register 
     to vote (other than any evidence which may otherwise be 
     required under such Act).

     SEC. __03. REMOVAL OF CERTAIN REGISTRANTS FROM OFFICIAL LIST 
                   OF ELIGIBLE VOTERS.

       (a) In General.--Section 8(d) of the National Voter 
     Registration Act of 1993 (42 U.S.C. 1973gg-6(d)) is amended--
       (1) by redesignating paragraph (3) as paragraph (4); and
       (2) by inserting after paragraph (2) the following new 
     paragraph:
       ``(3)(A) At the option of the State, a State may remove the 
     name of a registrant from

[[Page H4720]]

     the official list of eligible voters in elections for Federal 
     office on the ground that the registrant has changed 
     residence if--
       ``(i) the registrant has not voted or appeared to vote 
     (and, if necessary, correct the registrar's record of the 
     registrant's address) in an election during the period 
     beginning on the day after the date of the second previous 
     general election for Federal office held prior to the date 
     the confirmation notice described in subparagraph (B) is sent 
     and ending on the date of such notice;
       ``(ii) the registrant has not voted or appeared to vote 
     (and, if necessary, correct the registrar's record of the 
     registrant's address) in any of the first two general 
     elections for Federal office held after the confirmation 
     notice described in subparagraph (B) is sent; and
       ``(iii) during the period beginning on the date the 
     confirmation notice described in subparagraph (B) is sent and 
     ending on the date of the second general election for Federal 
     office held after the date such notice is sent, the 
     registrant has failed to notify the State in response to the 
     notice that the registrant did not change his or her 
     residence, or changed residence but remained in the 
     registrar's jurisdiction.
       ``(B) A confirmation notice described in this subparagraph 
     is a postage prepaid and pre-addressed return card, sent by 
     forwardable mail, on which a registrant may state his or her 
     current address, together with information concerning how the 
     registrant can continue to be eligible to vote if the 
     registrant has changed residence to a place outside the 
     registrar's jurisdiction and a statement that the registrant 
     may be removed from the official list of eligible voters if 
     the registrant does not respond to the notice (during the 
     period described in subparagraph (A)(iii)) by stating that 
     the registrant did not change his or her residence, or 
     changed residence but remained in the registrar's 
     jurisdiction.''.
       (b) Conforming Amendment.--Section 8(i)(2) of such Act (42 
     U.S.C. 1973gg-6(d)) is amended by inserting ``or subsection 
     (d)(3)'' after ``subsection (d)(2)''.

     SEC. __04. PERMITTING STATE TO REQUIRE VOTERS TO PRODUCE 
                   ADDITIONAL INFORMATION PRIOR TO VOTING.

       (a) Photographic Identification.--Section 8 of the National 
     Voter Registration Act of 1993 (42 U.S.C. 1973gg-6) is 
     amended--
       (1) by redesignating subsection (j) as subsection (k); and
       (2) by inserting after subsection (i) the following new 
     subsection:
       ``(j) Permitting States To Require Voters To Produce Photo 
     Identification.--A State may require an individual to produce 
     a valid photographic identification before receiving a ballot 
     (other than an absentee ballot) for voting in an election for 
     Federal office.''.
       (b) Signature.--Section 8 of such Act (42 U.S.C. 1973gg-6), 
     as amended by subsection (a), is further amended--
       (1) by redesignating subsection (k) as subsection (l); and
       (2) by inserting after subsection (j) the following new 
     subsection:
       ``(k) Permitting States To Require Voters To Provide 
     Signature.--A State may require an individual to provide the 
     individual's signature (in the presence of an election 
     official at the polling place) before receiving a ballot for 
     voting in an election for Federal office, other than an 
     individual who is unable to provide a signature because of 
     illiteracy or disability.''.

     SEC. __05. REPEAL OF REQUIREMENT THAT STATES PERMIT 
                   REGISTRANTS CHANGING RESIDENCE TO VOTE AT 
                   POLLING PLACE FOR FORMER ADDRESS.

       Section 8(e)(2) of the National Voter Registration Act of 
     1993 (42 U.S.C. 1973gg-6(e)(2)) is amended--
       (1) by striking ``(2)(A)'' and inserting ``(2)''; and
       (2) by striking ``election, at the option of the 
     registrant--'' and all that follows and inserting the 
     following: ``election shall be permitted to correct the 
     voting records for purposes of voting in future elections at 
     the appropriate polling place for the current address and, if 
     permitted by State law, shall be permitted to vote in the 
     present election, upon confirmation by the registrant of the 
     new address by such means as are required by law.''.

     SEC. __06. EFFECTIVE DATE.

       The amendments made by this title shall apply with respect 
     to elections for Federal office occurring after December 
     1999.

                               H.R. 2183

                          Offered By: Mr. Paul

 (To the Amendments Offered By: Mr. Bass, Mr. Campbell, Mr. Farr, Mr. 
           Obey (#4), Mr. Shays, Mr. Meehan, and Mr. Tierney)

       Amendment No. 130: Add at the end the following new title:

                     TITLE __--BALLOT ACCESS RIGHTS

     SEC. __01. FINDINGS AND PURPOSES.

       (a) Findings.--The Congress makes the following findings:
       (1) Voting participation in the United States is lower than 
     in any other advanced industrialized democracy.
       (2) The rights of eligible citizens to seek election to 
     office, vote for candidates of their choice and associate for 
     the purpose of taking part in elections, including the right 
     to create and develop new political parties, are fundamental 
     in a democracy. The rights of citizens to participate in the 
     election process, provided in and derived from the first and 
     fourteenth amendments to the Constitution, have consistently 
     been promoted and protected by the Federal Government. These 
     rights include the right to cast an effective vote and the 
     right to associate for the advancement of political beliefs, 
     which includes the ``constitutional right . . . to create and 
     develop new political parties.'' Norman v. Reed, 502 U.S. 
     279, 112 S.Ct. 699 (1992). It is the duty of the Federal 
     Government to see that these rights are not impaired in 
     elections for Federal office.
       (3) Certain restrictions on access to the ballot impair the 
     ability of citizens to exercise these rights and have a 
     direct and damaging effect on citizens' participation in the 
     electoral process.
       (4) Many States unduly restrict access to the ballot by 
     nonmajor party candidates and nonmajor political parties by 
     means of such devices as excessive petition signature 
     requirements, insufficient petitioning periods, 
     unconstitutionally early petition filing deadlines, petition 
     signature distribution criteria, and limitations on 
     eligibility to circulate and sign petitions.
       (5) Many States require political parties to poll an unduly 
     high number of votes or to register an unduly high number of 
     voters as a precondition for remaining on the ballot.
       (6) In 1983, the Supreme Court ruled unconstitutional an 
     Ohio law requiring a nonmajor party candidate for President 
     to qualify for the general election ballot earlier than major 
     party candidates. This Supreme Court decision, Anderson v. 
     Celebrezze, 460 U.S. 780 (1983) has been followed by many 
     lower courts in challenges by nonmajor parties and candidates 
     to early petition filing deadlines. See, e.g., Stoddard v. 
     Quinn, 593 F. Supp. 300 (D.Me. 1984); Cripps v. Seneca County 
     Board of Elections, 629 F. Supp. 1335 (N.D.Oh. 1985); 
     Libertarian Party of Nevada v. Swackhamer, 638 F. Supp. 565 
     (D. Nev. 1986); Cromer v. State of South Carolina, 917 F.2d 
     819 (4th Cir. 1990); New Alliance Party of Alabama v. Hand, 
     933 F. 2d 1568 (11th Cir. 1991).
       (7) In 1996, 34 States required nonmajor party candidates 
     for President to qualify for the ballot before the second 
     major party national convention (Arizona, California, 
     Colorado, Connecticut, Delaware, District of Columbia, 
     Florida, Georgia, Illinois, Indiana, Iowa, Kansas, Maine, 
     Maryland, Massachusetts, Michigan, Missouri, Montana, Nevada, 
     New Hampshire, New Jersey, New York, North Carolina, Ohio, 
     Oklahoma, Pennsylvania, South Carolina, South Dakota, 
     Tennessee, Texas, Virginia, Washington, West Virginia, and 
     Wyoming). Twenty-six of these States required nonmajor party 
     candidates to qualify before the first major party national 
     convention (Arizona, California, Colorado, Connecticut 
     Florida, Georgia, Illinois, Indiana, Kansas, Maine, Maryland, 
     Massachusetts, Michigan, Missouri, Montana, Nevada, New 
     Hampshire, New Jersey, North Carolina, Oklahoma, 
     Pennsylvania, South Carolina, South Dakota, Texas, 
     Washington, and West Virginia).
       (8) Under present law, in 1996, nonmajor party candidates 
     for President were required to obtain at least 701,089 
     petition signatures to be listed on the ballots of all 50 
     States and the District of Columbia--28 times more signatures 
     than the 25,500 required of Democratic Party candidates and 
     13 times more signatures than the 54,250 required of 
     Republican Party candidates. To be listed on the ballot in 
     all 50 States and the District of Columbia with a party 
     label, nonmajor party candidates for President were required 
     to obtain approximately 651,475 petition signatures and 
     89,186 registrants. Thirty-two of the 41 States that hold 
     Presidential primaries required no signatures of major party 
     candidates for President (Arkansas, California, Colorado, 
     Connecticut, Florida, Georgia, Idaho, Kansas, Kentucky, 
     Louisiana, Maryland, Massachusetts, Michigan, Minnesota, 
     Mississippi, Missouri, Nebraska, New Hampshire, New Mexico, 
     North Carolina, North Dakota, Oklahoma, Oregon, Rhode Island, 
     South Carolina, South Dakota, Tennessee, Texas, Virginia, 
     Washington, West Virginia, Wisconsin). Only three States 
     required no signatures of nonmajor party candidates for 
     President (Arkansas, Colorado, and Louisiana; Colorado and 
     Louisiana, however, required a $500 filing fee).
       (9) Under present law, the number of petition signatures 
     required by the States to list a major party candidate for 
     Senate on the ballot in 1996 ranged from zero to 15,000. The 
     number of petition signatures required to list a nonmajor 
     party candidate for Senate ranged from zero to 196,788. 
     Thirty-one States required no signatures of major party 
     candidates for Senate (Alabama, Alaska, Arkansas, Colorado, 
     Connecticut, Delaware, Florida, Georgia, Hawaii, Kansas, 
     Kentucky, Louisiana, Maryland, Massachusetts, Minnesota, 
     Mississippi, Missouri, Montana, Nebraska, Nevada, New 
     Hampshire, North Carolina, North Dakota, Oklahoma, Oregon, 
     South Carolina, Texas, Utah, Washington, West Virginia, 
     Wyoming). Only one State required no signatures of nonmajor 
     party candidates for Senate, provided they were willing to be 
     listed on the ballot without a party label (Louisiana, 
     although a $600 filing fee was required, and to run with a 
     party label, a candidate was required to register 111,121 
     voters into his or her party).
       (10) Under present law, the number of petition signatures 
     required by the States to list a major party candidate for 
     Congress on the

[[Page H4721]]

     ballot in 1996 ranged from zero to 2,000. The number of 
     petition signatures required to list a nonmajor party 
     candidate for Congress ranged from zero to 13,653. Thirty-one 
     States required no signatures of major party candidates for 
     Congress (Alabama, Alaska, Arkansas, Colorado, Connecticut, 
     Delaware, Florida, Georgia, Hawaii, Kansas, Kentucky, 
     Louisiana, Maryland, Minnesota, Mississippi, Missouri, 
     Montana, Nebraska, Nevada, New Hampshire, North Carolina, 
     North Dakota, Oklahoma, Oregon, South Carolina, Texas, Utah, 
     Washington, West Virginia, Wyoming). Only one State required 
     no signatures of nonmajor party candidates for Congress, 
     provided they are willing to be listed on the ballot without 
     a party label (Louisiana, although a $600 filing fee was 
     required).
       (11) Under present law, in 1996, eight States required 
     additional signatures to list a nonmajor party candidate for 
     President on the ballot with a party label (Alabama, Arizona, 
     Idaho, Kansas, Nebraska, North Dakota, Ohio, Tennessee). 
     Thirteen States required additional signatures to list a 
     nonmajor party candidate for Senate or Congress on the ballot 
     with a party label (Alabama, Arizona, Arkansas, California, 
     Idaho, Hawaii, Kansas, Louisiana, North Dakota, Nebraska, 
     Ohio, Oregon, Tennessee). Two of these States (Ohio and 
     Tennessee) required 5,000 signatures and 25 signatures, 
     respectively, to list a nonmajor party candidate for 
     President or Senate on the ballot in 1996, but required 
     33,463 signatures and 37,179 signatures, respectively, to 
     list the candidate on the ballot with her or his party label. 
     One State (California) required a nonmajor party to have 
     89,006 registrants in order to have its candidate for 
     President listed on the ballot with a party label.
       (12) Under present law, in 1996 one State (California) 
     required nonmajor party candidates for President or Senate to 
     obtain 147,238 signatures in 105 days, but required major 
     party candidates for Senate to obtain only 65 signatures in 
     105 days, and required no signatures of major party 
     candidates for President. Another State (Texas) required 
     nonmajor party candidates for President or Senate to obtain 
     43,963 signatures in 75 days, and required no signatures of 
     major party candidates for President or Senate.
       (13) Under present law, in 1996, seven States required 
     nonmajor party candidates for President or Senate to collect 
     a certain number or percentage of their petition signatures 
     in each congressional district or in a specified number of 
     congressional districts (Michigan, Missouri, Nebraska, New 
     Hampshire, New York, North Carolina, Virginia). Only three of 
     these States impose a like requirement on major party 
     candidates for President or Senate (Michigan, New York, 
     Virginia).
       (14) Under present law, in 1996, 20 States restricted the 
     circulation of petitions for nonmajor party candidates to 
     residents of those States (California, Colorado, Connecticut, 
     District of Columbia, Idaho, Illinois, Kansas, Michigan, 
     Missouri, Nebraska, Nevada, New Jersey, New York, Ohio, 
     Pennsylvania, South Dakota, Texas, Virginia, West Virginia, 
     Wisconsin). Two States restricted the circulation of 
     petitions for nonmajor party candidates to the county or 
     congressional district where the circulator lives (Kansas and 
     Virginia).
       (15) Under present law, in 1996, three States prohibited 
     people who voted in a primary election from signing petitions 
     for nonmajor party candidates (Nebraska, New York, Texas, 
     West Virginia). Twelve States restricted the signing of 
     petitions to people who indicate intent to support or vote 
     for the candidate or party (California, Delaware, Hawaii, 
     Illinois, Indiana, Maryland, New Jersey, New York, North 
     Carolina, Ohio, Oregon, Utah). Five of these 12 States 
     required no petitions of major party candidates (Delaware, 
     Maryland, North Carolina, Oregon, Utah), and only one of the 
     six remaining States restricted the signing of petitions for 
     major party candidates to people who indicate intent to 
     support or vote for the candidate or party (New Jersey).
       (16) In two States (Louisiana and Maryland), no nonmajor 
     party candidate for Senate has qualified for the ballot since 
     those States' ballot access laws have been in effect.
       (17) In two States (Georgia and Louisiana), no nonmajor 
     party candidate for the United States House of 
     Representatives has qualified for the ballot since those 
     States' ballot access laws have been in effect.
       (18) Restrictions on the ability of citizens to exercise 
     the rights identified in this subsection have 
     disproportionately impaired participation in the electoral 
     process by various groups, including racial minorities.
       (19) The establishment of fair and uniform national 
     standards for access to the ballot in elections for Federal 
     office would remove barriers to the participation of citizens 
     in the electoral process and thereby facilitate such 
     participation and maximize the rights identified in this 
     subsection.
       (20) The Congress has authority, under the provisions of 
     the Constitution of the United States in sections 4 and 8 of 
     article I, section 1 of article II, article VI, the 
     thirteenth, fourteenth, and fifteenth amendments, and other 
     provisions of the Constitution of the United States, to 
     protect and promote the exercise of the rights identified in 
     this subsection.
       (b) Purposes.--The purposes of this title are--
       (1) to establish fair and uniform standards regulating 
     access to the ballot by eligible citizens who desire to seek 
     election to Federal office and political parties, bodies, and 
     groups which desire to take part in elections for Federal 
     office; and
       (2) to maximize the participation of eligible citizens in 
     elections for Federal office.

     SEC. __02. BALLOT ACCESS RIGHTS.

       (a) In General.--An individual shall have the right to be 
     placed as a candidate on, and to have such individual's 
     political party, body, or group affiliation in connection 
     with such candidacy placed on, a ballot or similar voting 
     materials to be used in a Federal election, if--
       (1) such individual presents a petition stating in 
     substance that its signers desire such individual's name and 
     political party, body or group affiliation, if any, to be 
     placed on the ballot or other similar voting materials to be 
     used in the Federal election with respect to which such 
     rights are to be exercised;
       (2) with respect to a Federal election for the office of 
     President, Vice President, or Senator, such petition has a 
     number of signatures of persons qualified to vote for such 
     office equal to one-tenth of one percent of the number of 
     persons who voted in the most recent previous Federal 
     election for such office in the State, or 1,000 signatures, 
     whichever is greater;
       (3) with respect to a Federal election for the office of 
     Representative in, or Delegate or Resident Commissioner to, 
     the Congress, such petition has a number of signatures of 
     persons qualified to vote for such office equal to one-half 
     of one percent of the number of persons who voted in the most 
     recent previous Federal election for such office, or, if 
     there was no previous Federal election for such office, 1,000 
     signatures;
       (4) with respect to a Federal election the date of which 
     was fixed 345 or more days in advance, such petition was 
     circulated during a period beginning on the 345th day and 
     ending on the 75th day before the date of the election; and
       (5) with respect to a Federal election the date of which 
     was fixed less than 345 days in advance, such petition was 
     circulated during a period established by the State holding 
     the election, or, if no such period was established, during a 
     period beginning on the day after the date the election was 
     scheduled and ending on the tenth day before the date of the 
     election, provided, however, that the number of signatures 
     required under paragraph (2) or (3) shall be reduced by \1/
     270\ for each day less than 270 in such period.
       (b) Special Rule.--An individual shall have the right to be 
     placed as a candidate on, and to have such individual's 
     political party, body, or group affiliation in connection 
     with such candidacy placed on, a ballot or similar voting 
     materials to be used in a Federal election, without having to 
     satisfy any requirement relating to a petition under 
     subsection (a), if that or another individual, as a candidate 
     of that political party, body, or group, received one percent 
     of the votes cast in the most recent general Federal election 
     for President or Senator in the State.
       (c) Savings Provision.--Subsections (a) and (b) shall not 
     apply with respect to any State that provides by law for 
     greater ballot access rights than the ballot access rights 
     provided for under such subsections.

     SEC. __03. RULEMAKING.

       The Attorney General shall make rules to carry out this 
     title.

     SEC. __04. GENERAL DEFINITIONS.

       As used in this title--
       (1) the term ``Federal election'' means a general or 
     special election for the office of--
       (A) President or Vice President;
       (B) Senator; or
       (C) Representative in, or Delegate or Resident Commissioner 
     to, the Congress;
       (2) the term ``State'' means a State of the United States, 
     the District of Columbia, the Commonwealth of Puerto Rico, 
     and any other territory or possession of the United States;
       (3) the term ``individual'' means an individual who has the 
     qualifications required by law of a person who holds the 
     office for which such individual seeks to be a candidate;
       (4) the term ``petition'' includes a petition which 
     conforms to section __02(a)(1) and upon which signers' 
     addresses and/or printed names are required to be placed;
       (5) the term ``signer'' means a person whose signature 
     appears on a petition and who can be identified as a person 
     qualified to vote for an individual for whom the petition is 
     circulated, and includes a person who requests another to 
     sign a petition on his or her behalf at the time when, and at 
     the place where, the request is made;
       (6) the term ``signature'' includes the incomplete name of 
     a signer, the name of a signer containing abbreviations such 
     as first or middle initial, and the name of a signer preceded 
     or followed by titles such as ``Mr.'', ``Ms.'', ``Dr.'', 
     ``Jr.'', or ``III''; and
       (7) the term ``address'' means the address which a signer 
     uses for purposes of registration and voting.

                               H.R. 2183

                          Offered By: Mr. Paul

              (To the Amendments Offered By: Mr. Campbell)

       Amendment No. 131: Add at the end the following new title:

[[Page H4722]]

       TITLE __--DEBATE REQUIREMENTS FOR PRESIDENTIAL CANDIDATES

     SEC. __01. REQUIREMENT THAT CANDIDATES WHO RECEIVE CAMPAIGN 
                   FINANCING FROM THE PRESIDENTIAL ELECTION 
                   CAMPAIGN FUND AGREE NOT TO PARTICIPATE IN 
                   MULTICANDIDATE FORUMS THAT EXCLUDE CANDIDATES 
                   WITH BROAD-BASED PUBLIC SUPPORT.

       (a) In General.--In addition to the requirements under 
     subtitle H of the Internal Revenue Code of 1986, in order to 
     be eligible to receive payments from the Presidential 
     Election Campaign Fund, a candidate shall agree in writing 
     not to appear in any multicandidate forum with respect to the 
     election involved unless the following individuals are 
     invited to participate in the multicandidate forum:
       (1) Each other eligible candidate under such subtitle.
       (2) Each individual who is qualified in at least 40 States 
     for the ballot for the office involved.
       (b) Enforcement.--If the Federal Election Commission 
     determines that a candidate--
       (1) has received payments from the Presidential Election 
     Campaign Fund; and
       (2) has violated the agreement referred to in subsection 
     (a);

     the candidate shall pay to the Treasury an amount equal to 
     the amount of the payments so made.
       (c) Definition.--As used in this title, the term 
     ``multicandidate forum'' means a meeting--
       (1) consisting of a moderated reciprocal discussion of 
     issues among candidates for the same office; and
       (2) to which any other person has access in person or 
     through an electronic medium.

                               H.R. 2183

                         Offered By: Mr. Thomas

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

       Amendment No. 132: Amend section 601 to read as follows 
     (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 or any amendment 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. Whitfield

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

       Amendment No. 133: Add at the end the following new title:

                    TITLE __--EXPEDITED COURT REVIEW

     SEC. __01. EXPEDITED COURT REVIEW.

       (a) Right To Bring Action.--The Federal Election 
     Commission, a political committee under title III of the 
     Federal Election Campaign Act of 1971, or any individual 
     eligible to vote in any election for the office of President 
     of the United States may institute an action in an 
     appropriate district court of the United States (including an 
     action for declaratory judgment) as may be appropriate to 
     construe the constitutionality of any provision of this Act 
     or any amendment made by this Act.
       (b) Hearing by Three-Judge Court.--Upon the institution of 
     an action described in subsection (a), a district court of 
     three judges shall immediately be convened to decide the 
     action pursuant to section 2284 of title 28, United States 
     Code. Such action shall be advanced on the docket and 
     expedited to the greatest extent possible.
       (c) Appeal of Initial Decision to Supreme Court.--An appeal 
     may be taken directly to the Supreme Court of the United 
     States from any interlocutory order or final judgment, 
     decree, or order issued by the court of 3 judges convened 
     pursuant to subsection (b) in an action described in 
     subsection (a). Such appeal shall be brought not later than 
     20 days after the issuance by the court of the judgment, 
     decree, or order.
       (d) Expedited Review by Supreme Court.--The Supreme Court 
     shall accept jurisdiction over, advance on the docket, and 
     expedite to the greatest extent possible an appeal taken 
     pursuant to subsection (c).