Congressional Record, Volume 144 Issue 96 (Friday, July 17, 1998)

[Congressional Record Volume 144, Number 96 (Friday, July 17, 1998)]
[House]
[Pages H5826-H5843]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

LIMITING FURTHER AMENDMENTS TO SHAYS AMENDMENT DURING FURTHER
CONSIDERATION OF H.R. 2183, BIPARTISAN CAMPAIGN INTEGRITY ACT OF 1997

Mr. THOMAS. Mr. Speaker, I ask unanimous consent that during further
consideration of H.R. 2183, pursuant to H. Res. 442 and H. Res. 458, no
other amendment to the amendment in the nature of a substitute by the
gentleman from Connecticut (Mr. Shays) and the gentleman from
Massachusetts (Mr. Meehan) shall be in order, except

[[Page H5827]]

the amendments that have been placed at the desk.
Each amendment may be considered only in the order listed, may be
offered only by the Member designated or his designee, shall be
considered as read, shall be debatable for the time specified, equally
divided and controlled by the proponent and opponent, and shall not be
subject to a demand for a division of the question in the House or in
the Committee of the Whole.
The amendments that have been placed at the desk are in a particular
order and consist of 55 amendments with times ranging from 40 minutes
to 10 minutes.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
Mr. MEEHAN. Mr. Speaker, reserving the right to object, I would like
to ask the gentleman from California (Mr. Thomas) a question, and I
appreciate the gentleman's work in trying to come to an accommodation
on this.
I am looking at the schedule for next week, and I only see campaign
finance reform scheduled for 1 day, which is Monday. Is that correct?
Mr. THOMAS. Mr. Speaker, will the gentleman yield?
Mr. MEEHAN. I yield to the gentleman from California.
Mr. THOMAS. Mr. Speaker, that is correct, on the current calendar. I
would tell the gentleman, though, that as usual, Mondays are not a
heavily scheduled day, and it is entirely possible that we could begin
the campaign reform debate once again at approximately 5 o'clock, and
we could then continue into the evening as long as Members are willing.
I would not at this time say that we would then continue into the
morning, depending upon whether the Members are willing, but my guess
is that we could put together continuously, which I think is the best
use of time in the debate, for perhaps 4 or 5, maybe even 6 hours, and
that would constitute a full one-third of what we have available to us
under this unanimous consent request.
Mr. MEEHAN. Mr. Speaker, reclaiming my time, obviously I am not
thrilled about 55 amendments to the Shays-Meehan bill to begin with,
but as I add it up, it looks certainly like we could get through this
in a shorter period of time, but I look at the schedule and I see that
really we only have 3 weeks left to the session, and I would hope that
assuming we come in on Monday and debate campaign finance reform for
some period until 11 o'clock or so, if we did not deal with it the rest
of the week, I would be concerned because the following week we start
the 27th, and then the final week would be the last week.
In addition to that, as the gentleman knows, we have a very
aggressive schedule in a number of appropriations bills that we need to
pass. We have tobacco legislation, Commerce-Justice appropriations,
D.C. appropriations, foreign appropriations, VA-HUD appropriations,
Transportation.
So I am concerned about when we are ultimately going to get our vote
on this, on the Shays-Meehan proposal, and then as the gentleman knows,
we have another nine or so substitutes which presumably are open to
amendments as well.
Given the fact that the clock is ticking, and given the fact that I
know the gentleman and the leadership has indicated we would finish
campaign finance reform by August 7, I would hope that we could get
through this quickly, maybe work out some kind of an additional
agreement to at some point stop the debate and get an up or down vote
on the significant proposals before us.
Mr. SHAYS. Mr. Speaker, will the gentleman yield?
Mr. MEEHAN. Further reserving the right to object, I yield to my
colleague, the gentleman from Connecticut.
Mr. SHAYS. I thank the gentleman from Massachusetts for yielding.
Mr. Speaker, the purpose in my participating in this dialogue is to
thank the gentleman from California (Mr. Thomas) for his participation.
I know that the gentleman from New York (Mr. Solomon) has played a
major role in terms of the rule, and we do know that time is becoming
tighter and tighter. I think the gentleman from California (Mr. Thomas)
would acknowledge that if we are able to have a schedule that includes
more than just Monday, other unanimous consents may not be necessary,
but working together, I hope that we can continue this process, but,
again, to thank the gentleman from California (Mr. Thomas) for his work
and his commitment that will get the job done with cooperation.
Mr. THOMAS. Mr. Speaker, will the gentleman from Massachusetts yield?
Mr. MEEHAN. I yield to the gentleman from California.
Mr. THOMAS. Mr. Speaker, my commitment may be useful, but it is not
sufficient. Obviously, it is the leadership that has made the
commitment. So when I tell the gentleman from Massachusetts that we are
going to get it done during this period, it is from the leadership of
the majority party in the House of Representatives. I am a conveyer of
that, and I feel comfortable that that will be honored.
I understand the gentleman's concern, and this is not to reflect on
where we have been, but we have already lost a full day that could have
been devoted to campaign finance reform because we did not have an
orderly process in place. For a while, we were working day by day. What
we have here now is a clear plan to deal with one of the major
substitutes that we have to deal with.
I know the gentleman from Massachusetts, and I thank him for making
sure that as his mother watches the program she feels comfortable,
because it was only out of ignorance that I did not know that I should
not use the ``H'' in the gentleman from Massachusetts' name and, in
fact, that it is silent.
I would tell the gentleman from Massachusetts, I know he is anxious
and concerned. This to me is a significant step forward in dealing with
one of the major substitutes.
What happens to this substitute fairly clearly will dictate what
occurs with other bills, whether it passes or it does not, but to try
to get a commitment now locked in time, because of the very
appropriations bills that the gentleman from Massachusetts mentioned
are coming up, and obviously funding the Federal Government is of
paramount importance, to try to lock the whole process in, in essence,
returns us to square one where we have been.
What I am trying to do is to create as much order in as large a
segment as I can.
Clearly, the flow of those appropriations bills to the floor probably
will not be in a clear, automatic, understood pattern. We will do
everything we can to create blocks of time, as close to Monday as we
can, to accomplish the purposes of this unanimous consent, because the
gentleman from Massachusetts is absolutely correct, accomplishing this
unanimous consent only gets us on the way to finalizing campaign reform
debate in votes.

{time} 1345

It is an important segment, but it is not all the way there. If I
could give the gentleman greater assurances than that, I would. What he
has is my commitment, evidenced by this UC, to work closely with
leadership and both sides of the aisle to accomplish what has been
committed, and that is finalizing debate and voting on the measure
before we leave for the August recess.
Mr. MEEHAN. Reclaiming my time, first of all, both my mother and I
thank the gentleman for his work on the UC and also for his
pronunciation of her name. Also, let me just mention the fact that I
think it is clear from the votes that have been taken that there
probably is a majority of the Members of this House that are ready,
willing and able to vote for passage of the Shays-Meehan substitute.
I would hope that we would do everything in our power to get that up-
or-down vote and to get through with this debate. The majority of the
Members of this House, I think, want to pass this bill and get it over
to the other body and get it over there in enough time to get a bill to
the President's desk. So I would ask the Speaker and the Republican
leadership to keep that in mind.
Mr. THOMAS. Mr. Speaker, if the gentleman will continue to yield,
just to say that, frankly, given the pivotal role of this particular
amendment, whether it passes or fails will dictate clearly what is done
with the rest of the campaign reform rule package in terms of the other
amendments. So regardless of whether it passes or fails, getting to the
vote will be a significant assistance in allowing us to examine

[[Page H5828]]

how we might be able to package the rest of the time in a meaningful
way.
Just let me, in responding to the gentleman, add that, from this side
of the aisle, I do think this is a good-faith effort in terms of trying
to create a reasonable time frame. It would be extremely disappointing
if from our side of the aisle, for example, on Monday, where we have
devoted a significant time for campaign reform, that it would be
consumed in part by procedural motions of limiting debate and that
sort.
If the gentleman examines the list, which I know he has, there are a
significant number of amendments that have only been given 10 minutes
time. That is far less than is ordinarily given for the number of
amendments. What we have tried to do is limit the time. No amendment
has an hour. The greatest amount of time is 40 minutes. And if there
were procedural motions, that would be extremely disappointing and make
the ability to create an orderly process for the entire package
extremely difficult.
I thank the gentleman for yielding to me.
Mr. MEEHAN. Mr. Speaker, I agree to the unanimous consent request,
and I withdraw my reservation of objection.
The SPEAKER pro tempore (Mr. Pease). Without objection, the list of
amendments designated is at the desk under the request and the
amendments themselves will be printed in the Record at this point.
There was no objection.
The text of the list of amendments and the amendments are as follows:
(1) the amendment by Representative Pickering of Mississippi for 10
minutes;
(2) the first amendment by Representative Smith of Michigan for 10
minutes;
(3) the first amendment by Representative DeLay of Texas for 10
minutes;
(4) the amendment by Representative McInnis of Colorado for 10
minutes;
(5) the amendment by Representative Paxon of New York for 10 minutes;
(6) the amendment by Representative Hefley of Colorado for 10
minutes;
(7) the second amendment by Representative Hefley of Colorado for 10
minutes;
(8) the amendment by Representative Northup of Kentucky for 10
minutes;
(9) the amendment by Representative Goodlatte of Virginia for 40
minutes;
(10) the amendment by Representative Wicker of Mississippi for 40
minutes;
(11) the amendment by Representative Snowbarger of Kansas for 10
minutes;
(12) the first amendment by Representative Whitfield of Kentucky for
10 minutes;
(13) the amendment by Representative Calvert of California for 40
minutes;
(14) the amendment by Representative Salmon of Arizona for 10
minutes;
(15) the first amendment by Representative Stearns of Florida for 10
minutes;
(16) the amendment by Representative Rohrabacher of California for 10
minutes;
(17) the first amendment by Representative Paul of Texas for 10
minutes;
(18) the second amendment by Representative Paul of Texas for 40
minutes;
(19) the second amendment by Representative DeLay of Texas for 40
minutes;
(20) the third amendment by Representative DeLay of Texas for 40
minutes;
(21) the amendment by Representative Peterson of Pennsylvania for 40
minutes
(22) the first amendment by Representative Barr of Georgia for 40
minutes
(23) the second amendment by Representative Barr of Georgia for 10
minutes
(24) the amendment by Representative Traficant of Ohio for 10 minutes
(25) the fourth amendment by Representative DeLay of Texas for 10
minutes
(26) the fifth amendment by Representative DeLay of Texas for 10
minutes
(27) the sixth amendment by Representative DeLay of Texas for 10
minutes
(28) the seventh amendment by Representative DeLay of Texas for 10
minutes
(29) the eighth amendment by Representative DeLay of Texas for 10
minutes
(30) the amendment by Representative Gutknecht of Minnesota for 10
minutes
(31) the amendment by Representative Schaffer of Colorado for 10
minutes
(32) the amendment by Representative Horn of California for 10
minutes
(33) the amendment by Representative Upton of Michigan for 10 minutes
(34) the second amendment by Representative Smith of Michigan for 10
minutes
(35) the amendment by Representative Shadegg of Arizona for 10
minutes
(36) the ninth amendment by Representative Delay of Texas for 40
minutes
(37) the amendment by Representative Shaw of Florida for 10 minutes
(38) the first amendment by Representative Kaptur of Ohio for 10
minutes
(39) the second amendment by Representative Kaptur of Ohio for 10
minutes
(40) the first amendment by Representative Smith of Washington for 10
minutes
(41) the second amendment by Representative Smith of Washington for
10 minutes
(42) the third amendment by Representative Smith of Washington for 10
minutes
(43) the fourth amendment by Representative Smith of Washington for
10 minutes
(44) the fifth amendment by Representative Smith of Washington for 10
minutes
(45) the sixth amendment by Representative Smith of Washington for 10
minutes
(46) the second amendment by Representative Smith of Washington for
10 minutes
(47) the third amendment by Representative Sterns of Florida for 10
minutes
(48) the third amendment by Representative Sterns of Florida for 10
minutes
(49) the fourth amendment by Representative Sterns of Florida for 10
minutes
(50) the second amendment by Representative Whitfield of Kentucky for
10 minutes
(51) the third amendment by Representative Whitfield of Kentucky for
10 minutes
(52) the amendment by Representative English of Pennsylvania for 10
minutes
(53) the amendment by Representative Gekas of Pennsylvania for 10
minutes
(54) the amendment by Representative Miller of Florida for 10 minutes
(55) the amendment by Representative Doolittle of California for 10
minutes

(Prohibiting certain defenses to violation of foreign contribution ban)

Amendment Offered by Mr. Pickering of Mississippi To the Amendment
Offered by Mr. Shays or Mr. Meehan

(Substitute for H.R. 2183)

In section 506, strike ``Section 319'' and insert ``(a) In
General.--Section 319'', and add at the end the following:
(b) Prohibiting Use of Willful Blindness as Defense Against
Charge of Violating Foreign Contribution Ban.--
(1) In general.--Section 319 of the Federal Election
Campaign Act of 1971 (2 U.S.C. 441e) is amended--
(A) by redesignating subsection (b) as subsection (c); and
(B) by inserting after subsection (a) the following new
subsection:
``(b) It shall not be a defense to a violation of
subsection (a) that the defendant did not know that the
contribution originated from a foreign national if the
defendant was aware of a high probability that the
contribution originated from a foreign national.''.
(2) Effective date.--The amendments made by this subsection
shall apply with respect to violations occurring on or after
the date of the enactment of this Act.
____

(Modification of Pickering amendment on defenses to foreign money ban)

Modification to the Amendment Offered by Mr. Pickering of Mississippi

The amendment is modified as follows:
In section 319(b) of the Federal Election Campaign Act of
1971, as proposed to be inserted by the amendment--
(1) strike ``was aware of a high probability'' and insert
``should have known''; and
(2) strike the period at the end and insert the following:
``, except that the trier of fact

[[Page H5829]]

may not find that the defendant should have known that the
contribution originated from a foreign national solely
because of the name of the contributor.''.
____

(Penalty for violation of foreign contribution ban)

Amendment Offered by Mr. Smith of Michigan To the Amendments Offered by
Mr. Shays

(Substitutes for H.R. 2183)

Add at the end the following new title:

TITLE --PENALTY FOR VIOLATION OF FOREIGN CONTRIBUTION BAN

SEC. __01. PENALTY FOR VIOLATION OF PROHIBITION AGAINST
FOREIGN CONTRIBUTIONS.

(a) In General.--Section 319 of the Federal Election
Campaign Act of 1971 (2 U.S.C. 441e) is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following new
subsection:
``(b) Any person who violates subsection (a) shall be
sentenced to a term of imprisonment which may not be less
than 5 years or more than 20 years, fined in an amount not to
exceed $1,000,000, or both.''.
(b) Effective Date.--The amendments made by this section
shall apply with respect to violations occurring on or after
the date of the enactment of this Act.
____

(Controlling legal authority)

Amendment Offered by Mr. DeLay of Texas To the Amendments Offered by
Shays/Meehan

(Substitutes for H.R. 2183)

Add at the end the following new title:
TITLE __--SENSE OF CONGRESS REGARDING FUNDRAISING ON FEDERAL PROPERTY

SEC. __01. SENSE OF CONGRESS REGARDING APPLICABILITY OF
CONTROLLING LEGAL AUTHORITY TO FUNDRAISING ON
FEDERAL PROPERTY.

(a) Findings.--Congress finds the following:
(1) On March 2, 1997, the Washington Post reported that
Vice President Gore ``played the central role in soliciting
millions of dollars in campaign money for the Democratic
Party during the 1996 election'' and that he was known as the
administration's ``solicitor-in-chief''.
(2) The next day, Vice President Gore held a nationally
televised press conference in which he admitted making
numerous calls from the White House in which he solicited
campaign contributions.
(3) The Vice President said that there was ``no controlling
legal authority'' regarding the use of government telephones
and properties for the use of campaign fundraising.
(4) Documents that the White House released reveal that
Vice President Gore made 86 fundraising calls from his White
House office, and these new records reveal that Vice
President Gore made 20 of these calls at taxpayer expense.
(5) Section 641 of title 18, United States Code,
(prohibiting the conversion of government property to
personal use) clearly prohibits the use of government
property to raise campaign funds.
(6) On its face, the conduct to which Vice President Gore
admitted appears to be a clear violation of section 607 of
title 18, United States Code, which makes it unlawful for
``any person to solicit . . . any (campaign)
contribution...in any room or building occupied in the
discharge of official (government) duties''.
(b) Sense of Congress.--It is the sense of Congress that
Federal law clearly demonstrates that ``controlling legal
authority'' prohibits the use of Federal property to raise
campaign funds.
____

(Prohibition against acceptance or solicitation to obtain access to
certain government property)

Amendment Offered by Mr. Mc Innis of Colorado To the Amendments Offered
by Mr. Shays

(Substitutes for H.R. 2183)

Add at the end the following new title:
TITLE __--PROHIBITING SOLICITATION TO OBTAIN ACCESS TO CERTAIN
GOVERNMENT PROPERTY

SEC. __01. PROHIBITION AGAINST ACCEPTANCE OR SOLICITATION TO
OBTAIN ACCESS TO CERTAIN GOVERNMENT PROPERTY.

(a) In General.--Chapter 11 of title 18, United States
Code, is amended by adding at the end the following new
section:

``Sec. 226. Acceptance or solicitation to obtain access to
certain government property

``Whoever solicits or receives anything of value in
consideration of providing a person with access to Air Force
One, Marine One, Air Force Two, Marine Two, the White House,
or the Vice President's residence, shall be fined under this
title, or imprisoned not more than one year, or both.''.
(b) Clerical Amendment.--The table of sections for chapter
11 of title 18, United States Code, is amended by adding at
the end the following new item:

``226. Acceptance or solicitation to obtain access to certain
government property.''.
____

(Disclosure of spending by unions)

amendment offered by mr. paxon of new york to the amendments offered by
mr. shays

(Substitutes for H.R. 2183)

Add at the end the following new title:
TITLE __--UNION DISCLOSURE

SEC. _01. UNION DISCLOSURE.

(a) In General.--Section 201(b) of the Labor Management
Reporting and Disclosure Act of 1959 (29 U.S.C. 431(b)) is
amended--
(1) by striking ``and'' at the end of paragraph (5); and
(2) by adding at the end the following:
``(7) an itemization of amounts spend by the labor
organization for--
``(A) contract negotiation and administration;
``(B) organizing activities;
``(C) strike activities;
``(D) political activities;
``(E) lobbying and promotional activities; and
``(F) market recovery and job targeting programs; and
``(8) all transactions involving a single source or payee
for each of the activities described in subparagraphs (A)
through (F) of paragraph (7) in which the aggregate cost
exceeds $10,000.''.
(b) Computer Network Access.--Section 201(c) of the Labor
Management Reporting and Disclosure Act of 1959 (29 U.S.C.
431(c)) is amended by inserting ``including availability of
such reports via a public Internet site or another publicly
accessible computer network,'' after ``its members,''.
(c) Reporting by Secretary.--Section 205(a) of the Labor
Management Reporting and Disclosure Act of 1959 (29 U.S.C.
435(a)) is amended by inserting after ``and the Secretary''
the following: ``shall make the reports and documents filed
pursuant to section 201(b) available via a public Internet
site or another public accessible computer network. The
Secretary''.
____

(Reimbursement by national parties for use of Air Force One for
fundraising trips)

Amendment Offered by Mr. Hefley of Colorado To the Amendments Offered
by Mr. Shays

(Substitutes for H.R. 2183)

Add at the end the following new title:

TITLE __REIMBURSEMENT FOR USE OF AIR FORCE ONE FOR POLITICAL
FUNDRAISING

SEC. __01. REQUIRING NATIONAL PARTIES TO REIMBURSE AT COST
FOR USE OF AIR FORCE ONE FOR POLITICAL
FUNDRAISING.

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:

``reimbursement by political parties for use of air force one for
political fundraising

``Sec. 323. (a) In General.--If the President, Vice
President, or the head of any executive department (as
defined in section 101 of title 5, United States Code) uses
Air Force One for transportation for any travel which
includes a fundraising event for the benefit of any political
committee of a national political party, such political
committee shall reimburse the Federal Government for the
actual costs incurred as a result of the use of Air Force One
for the transportation of the individual involved.
``(b) Air Force One Defined.--In subsection (a), the term
`Air Force One' means the airplane operated by the Air Force
which has been specially configured to carry out the mission
of transporting the President.''.
____

(Air Force One)

amendment offered by mr. hefley of colorado to the amendments offered
by mr. shays

(Substitutes for H.R. 2183)

Add at the end the following new title:

TITLE --PROHIBITING USE OF AIR FORCE ONE FOR POLITICAL FUNDRAISING

SEC. 01. PROHIBITING USE OF AIR FORCE ONE FOR POLITICAL
FUNDRAISING.

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:

``prohibiting use of air force one for political fundraising

``Sec. 323. (a) In General.--It shall be unlawful for any
person to provide or offer to provide transportation on Air
Force One in exchange for any money or other thing of value
in support of any political party or the campaign for
electoral office of any candidate, without regard to whether
or not the money or thing of value involved is otherwise
treated as a contribution under this title.
``(b) Air Force One Defined.--In subsection (a), the term
`Air Force One' means the airplane operated by the Air Force
which has been specially configured to carry out the mission
of transporting the President.''.
____

(Prohibiting use of ``walking around money'' by campaigns)

Amendment Offered by Mrs. Northup of Kentucky To the Amendments Offered
by Mr. Shays

(Substitutes for H.R. 2183)

Add at the end the following new title:

[[Page H5830]]

TITLE---PROHIBITING USE OF WALKING AROUND MONEY

SEC.--01. PROHIBITING CAMPAIGNS FROM PROVIDING CURRENCY TO
INDIVIDUALS FOR PURPOSES OF ENCOURAGING TURNOUT
ON DATE OF ELECTION.

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:

``prohibiting use of currency to promote election day turnout

``Sec. 323. It shall be unlawful for any political
committee to provide currency to any person for purposes of
carrying out activities on the date of an election to
encourage or assist individuals to appear at the polling
place for the election.''.
____

(Reform of Motor Voter law)

Amendment Offered by Mr. Goodlatte of Virginia To the Amendments
Offered by Mr. Shays

(Substitutes for H.R. 2183)

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 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.
____

(Photo ID requirement for voting)

Amendment Offered by Mr. Wicker of Mississippi To the Amendments
Offered by Mr. Shays

(Substitutes for H.R. 2183)

Add at the end the following new title:

TITLE __--PHOTO IDENTIFICATION REQUIREMENT FOR VOTERS

SEC. __01. PERMITTING STATE TO REQUIRE VOTERS TO PRODUCE
PHOTOGRAPHIC IDENTIFICATION.

[[Page H5831]]

``(i) 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
for voting in an election for Federal office.''.
____

(Enhancing enforcement of campaign finance law)

Amendment Offered by Mr. Snowbarger of Kansas To the Amendments Offered
by Mr. Shays

(Substitutes for H.R. 2183)

Add at the end the following new title:
TITLE __--ENHANCING ENFORCEMENT OF CAMPAIGN LAW

SEC. __01. ENHANCING ENFORCEMENT OF CAMPAIGN FINANCE LAW.

(a) Mandatory Imprisonment for Criminal Conduct.--Section
309(d)(1)(A) of the Federal Election Campaign Act of 1971 (2
U.S.C. 437g(d)(1)(A)) is amended--
(1) in the first sentence, by striking ``shall be fined, or
imprisoned for not more than one year, or both'' and
inserting ``shall be imprisoned for not fewer than 1 year and
not more than 10 years''; and
(2) by striking the second sentence.
(b) Concurrent Authority of Attorney General to Bring
Criminal Actions.--Section 309(d) of such Act (2 U.S.C.
437g(d)) is amended by adding at the end the following new
paragraph:
``(4) In addition to the authority to bring cases referred
pursuant to subsection (a)(5), the Attorney General may at
any time bring a criminal action for a violation of this Act
or of chapter 95 or chapter 96 of the Internal Revenue Code
of 1986.''.
(c) Effective Date.--The amendments made by this section
shall apply with respect to actions brought with respect to
elections occurring after January 1999.
____

(Ban on party coordination of soft money for issue advocacy by
candidates receiving presidential campaign funds)

Amendment Offered by Mr. Whitfield of Kentucky To the Amendments
Offered by Mr. Shays

(Substitutes for H.R. 2183)

Add at the end the following new title:
TITLE __--BAN ON COORDINATED SOFT MONEY ACTIVITIES BY PRESIDENTIAL
CANDIDATES

SEC. __01. BAN ON COORDINATION OF SOFT MONEY FOR ISSUE
ADVOCACY BY PRESIDENTIAL CANDIDATES RECEIVING
PUBLIC FINANCING.

(a) In General.--Section 9003 of the Internal Revenue Code
of 1986 (26 U.S.C. 9003) is amended by adding at the end the
following new subsection:
``(f) Ban on Coordination of Soft Money for Issue
Advocacy.--
``(1) In general.--No candidate for election to the office
of President or Vice President who is certified to receive
amounts from the Presidential Election Campaign Fund under
this chapter or chapter 96 may coordinate the expenditure of
any funds for issue advocacy with any political party unless
the funds are subject to the limitations, prohibitions, and
reporting requirements of the Federal Election Campaign Act
of 1971.
``(2) Issue advocacy defined.--In this section, the term
`issue advocacy' means any activity carried out for the
purpose of influencing the consideration or outcome of any
Federal legislation or the issuance or outcome of any Federal
regulations, or educating individuals about candidates for
election for Federal office or any Federal legislation, law,
or regulations (without regard to whether the activity is
carried out for the purpose of influencing any election for
Federal office).''.
(b) Effective Date.--The amendment made by this section
shall apply with respect to elections occurring on or after
the date of the enactment of this Act.
____

(Requiring 50 percent of contributions to come from local individual
residents)

Amendment Offered by Mr. Calvert of California To the Amendments
Offered by Mr. Shays

(Substitutes for H.R. 2183)

Add at the end the following new title:

TITLE __--RESTRICTIONS ON NONRESIDENT FUNDRAISING

SEC. __01. LIMITING AMOUNT OF CONGRESSIONAL CANDIDATE
CONTRIBUTIONS FROM INDIVIDUALS NOT RESIDING IN
DISTRICT OR STATE INVOLVED.

(a) In General.--Section 315 of the Federal Election
Campaign Act of 1971 (2 U.S.C. 441a) is amended by adding at
the end the following new subsection:
``(i)(1) A candidate for the office of Senator or the
office of Representative in, or Delegate or Resident
Commissioner to, the Congress may not accept contributions
with respect to an election from persons other than local
individual residents totaling in excess of the aggregate
amount of contributions accepted from local individual
residents (as determined on the basis of the information
reported under section 304(d)).
``(2) In determining the amount of contributions accepted
by a candidate for purposes of this subsection, the amounts
of any contributions made by a political committee of a
political party shall be allocated as follows:
``(A) 50 percent of such amounts shall be deemed to be a
contributions from local individual residents.
``(B) 50 percent of such amounts shall be deemed to be
contributions from persons other than local individual
residents.
``(3) As used in this subsection, the term `local
individual resident' means--
``(A) with respect to an election for the office of
Senator, an individual who resides in the State involved; and
``(B) with respect to an election for the office of
Representative in, or Delegate or Resident Commissioner to,
the Congress, an individual who resides in the congressional
district involved.''.
(b) Reporting Requirements.--Section 304 of such Act (2
U.S.C. 434) is amended by adding at the end the following new
subsection:
``(d) Each principal campaign committee of a candidate for
the Senate or the House of Representatives shall include the
following information in the first report filed under
subsection (a)(2) which covers the period which begins 19
days before an election and ends 20 days after the election:
``(1) The total contributions received by the committee
with respect to the election involved from local individual
residents (as defined in section 315(i)(3)), as of the last
day of the period covered by the report.
``(2) The total contributions received by the committee
with respect to the election involved from all persons, as of
the last day of the period covered by the report.''.
(c) Penalty for Violation of Limits.--Section 309(d) of
such Act (2 U.S.C. 437g(d)) is amended by adding at the end
the following new paragraph:
``(4)(A) Any candidate who knowingly and willfully accepts
contributions in excess of any limitation provided under
section 315(i) shall be fined an amount equal to the greater
of 200 percent of the amount accepted in excess of the
applicable limitation or (if applicable) the amount provided
in paragraph (1)(A).
``(B) Interest shall be assessed against any portion of a
fine imposed under subparagraph (A) which remains unpaid
after the expiration of the 30-day period which begins on the
date the fine is imposed.''.
____

(Posting names of certain Air Force One passengers on Internet)

Amendment Offered by Mr. Salmon of Arizona To the Amendments Offered by
Mr. Shays

(Substitutes for H.R. 2183)

Add at the end the following new title:
TITLE __--POSTING NAMES OF CERTAIN AIR FORCE ONE PASSENGERS ON INTERNET

SEC. __01. REQUIREMENT THAT NAMES OF PASSENGERS ON AIR FORCE
ONE AND AIR FORCE TWO BE MADE AVAILABLE THROUGH
THE INTERNET.

(a) In General.--The President shall make available through
the Internet the name of any non-Government person who is a
passenger on an aircraft designated as Air Force One or Air
Force Two not later than 30 days after the date that the
person is a passenger on such aircraft.
(b) Exception.--Subsection (a) shall not apply in a case in
which the President determines that compliance with such
subsection would be contrary to the national security
interests of the United States. In any such case, not later
than 30 days after the date that the person whose name will
not be made available through the Internet was a passenger on
the aircraft, the President shall submit to the chairman and
ranking member of the Permanent Select Committee on
Intelligence of the House of Representatives and of the
Select Committee on Intelligence of the Senate--
(1) the name of the person; and
(2) the justification for not making such name available
through the Internet.
(c) Definition of Person.--As used in this Act, the term
``non-Government person'' means a person who is not an
officer or employee of the United States, a member of the
Armed Forces, or a Member of Congress.
____

(Ban on disbursements of soft money by foreign nationals)

Amendment Offered by Mr. Stearns of Florida To the Amendments Offered
by Mr. Shays

(Substitutes for H.R. 2183)

Add at the end the following new title:

TITLE __--BAN ON SOFT MONEY OF FOREIGN NATIONALS

SEC. __01. BAN ON DISBURSEMENTS OF SOFT MONEY BY FOREIGN
NATIONALS.

(a) Prohibition on Disbursements by Foreign Nationals for
Political Parties and Independent Expenditures.--Section 319
of the Federal Election Campaign Act of 1971 (2 U.S.C. 441e)
is amended--
(1) in the heading, by striking ``contributions'' and
inserting ``disbursements'';
(2) in subsection (a), by striking ``contribution'' each
place it appears and inserting ``disbursement''; and
(3) in subsection (a), by striking the semicolon and
inserting the following: ``, including any disbursement to a
political committee of a political party and any disbursement
for an independent expenditure;''.
(b) Effective Date.--The amendments made by this section
shall apply with respect to disbursements made on or after
the date of the enactment of this Act.

[[Page H5832]]

____
(Partial removal of contribution limits for candidates with opponents
making large amounts of personal expenditures)

Amendment Offered by Mr. Rohrabacher of California To the Amendment
Offered by Mr. Shays or Mr. Meehan

(Substitute for H.R. 2183)

Add at the end of title V the following new section (and
conform the table of contents accordingly):

SEC. 510. PARTIAL REMOVAL OF LIMITATIONS ON CONTRIBUTIONS TO
CANDIDATES WHOSE OPPONENTS USE LARGE AMOUNTS OF
PERSONAL FUNDS.

(a) In General.--Section 315 of the Federal Election
Campaign Act of 1971 (2 U.S.C. 441a) is amended by adding at
the end the following new subsection:
``(i)(1) If a candidate for Federal office makes
contributions or expenditures from the personal funds of the
candidate totaling more than $1,000 with respect to an
election, the candidate shall so notify the Commission and
each other candidate in the election. The notification shall
be made in writing within 48 hours after the contribution or
expenditure involved is made.
``(2) In any case described in paragraph (1), any person
who is otherwise permitted under this Act to make
contributions to such other candidate may make contributions
in excess of any otherwise applicable limitation on such
contributions, to the extent that the total of such excess
contributions accepted by such other candidate does not
exceed the total of contributions or expenditures from
personal funds referred to in paragraph (1).''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply with respect to elections occurring after January
1999.
____

(Ballot access rights)

Amendment Offered by Mr. Paul of Texas To the Amendments Offered by Mr.
Shays

(Substitutes for H.R. 2183)

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 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

[[Page H5833]]

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.
____

(Participation by presidential candidates in debates with candidates
with broad-based support)

Amendment Offered by Mr. Paul of Texas To the Amendments Offered by Mr.
Paul

(Substitutes for H.R. 2183)

Add at the end the following new title:

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.
____

amendment offered by Mr. Delay of Texas to the amendment offered by Mr.
shays or mr. meehan

Amendment No. 81: Add at the end of section 301(20) of the
Federal Election Campaign Act of 1971, as added by section
201(b) of the substitute, the following:
(C) Exception for legislative alerts: The term ``express
advocacy'' does not include any communication which--
(i) deals solely with an issue or legislation which is or
may be the subject of a vote in the Senate or House of
Representatives; and
(ii) encourages an individual to contact an elected
representative in Congress in order to exercise the right
protected under the first amendment of the Constitution to
inform the representative of the individual's views on such
issue or legislation.
____

Amendment offered by mr. delay of texas to the amendment offered by
shays/meehan

TITLE __--SENSE OF CONGRESS REGARDING APPOINTMENT OF INDEPENDENT
COUNSEL

SEC. __01. SENSE OF CONGRESS REGARDING APPOINTMENT OF
INDEPENDENT COUNSEL TO INVESTIGATE CLINTON
ADMINISTRATION.

(a) Findings.--Congress finds as follows:
(1) The Independent Counsel Act (chapter 40 of title 28,
United States Code) was designed to avoid even the appearance
of impropriety in the consideration of allegations

[[Page H5834]]

of misconduct by high-level Executive Branch officials.
(2) Section 591(a)(1) of title 28, United States Code,
requires the Attorney General of the United States to conduct
a preliminary investigation whenever the Attorney General
finds specific and credible evidence that a covered person
``may have violated any Federal criminal law . . .''.
(3) Under the statute (28 U.S.C. 591(b)), the President is
a covered person.
(4) The bribery statute (chapter 11 of title 18, United
States Code) prohibits Federal officials, including the
President, from receiving any benefit in return for any
official action.
(5) Numerous published reports describe circumstances that
suggest that President Clinton may have received campaign
contributions in return for official government actions he
took on behalf of the contributors.
(6) Any such scheme may also violate other statutes
including the following sections of title 18, United States
Code: section 371 (conspiracy to defraud the United States),
section 600 (promising of government benefits in return for
political support), section 872 (extortion by government
officials), and sections 1341, 1343, and 1346 (mail and wire
fraud by defrauding the United States of honest services).
(7) On February 13, 1997, the Washington Post reported that
the Department of Justice had obtained intelligence
information that the government of the People's Republic of
China had sought to direct contributions from foreign sources
to the Democratic National Committee (``DNC'') before the
1996 presidential campaign.
(8) In March 1995, Johnny Chung, a Democratic National
Committee trustee and a businessman from Torrance,
California, brought six officials of the government of the
People's Republic of China and its state-owned companies,
including Hongye Zheng, Chairman of the China Council for the
Promotion of International Trade, and Yang Zanzhong,
President of China Petro-Chemical Corp., to hear the
President give his regular Saturday radio address.
(9) On March 8, 1995, Johnny Chung came to the First Lady's
office in the White House seeking various favors for the
officials, including admission to the radio address.
(10) Aides to Mrs. Clinton, Margaret Williams and Evan
Ryan, suggested that Mr. Chung could get the favors if he
helped Mrs. Clinton with her debts to the DNC for holiday
parties.
(11) The next day, Mr. Chung gave Ms. Williams a check for
$50,000, and received a lunch in the White House mess, a
picture with Mrs. Clinton, and admission to the radio address
for himself and the officials. Id. Records indicate that on
Friday, March 17, 1995, Mr. Chung donated $50,000 to the
Democratic National Committee and on April 12, 1995, he
donated an additional $125,000.
(12) In commenting on the solicitation in the White House
by the First Lady's aides, Mr. Chung said, ``I see the White
House is like a subway: You have to put in coins to open the
gates.''
(13) On February 6, 1996, Wang Jun attended a coffee at the
White House with President Clinton. Mr. Wang is the head of
the state-owned company, China International Trade and
Investment Corp. (``CITIC''), a $21,000,000,000 conglomerate,
and its subsidiary Poly Technologies. Poly Technologies is
the primary arms dealing company for the Chinese military.
Mr. Wang gained access to the coffee through Charles Yah Lin
Trie, an old Arkansas friend of President Clinton and
Democratic Party fund-raiser.
(14) After the Wang visit came to public attention,
President Clinton said he remembered ``literally nothing''
about the meeting, but he conceded that it was ``clearly
inappropriate.''
(15) Mr. Trie had a number of interesting sources of funds.
Among other things, in the spring of 1996, Mr. Trie delivered
suspicious donations totaling $789,000 to the President's
legal defense fund.
(16) Mr. Trie made the donations on three dates: March 21,
1996, $460,000; April 24, 1996, $179,000; and May 17, 1996,
$150,000. These donations have now been returned. Recent
reports reveal that most of this money came from members of a
Taiwan-based religious sect, Suma Ching Hai. President and
Mrs. Clinton knew about these suspicious donations at the
time, and they concurred in efforts to conceal them until
after the election. Notwithstanding that knowledge, President
Clinton continued to grant favors to Mr. Trie.
(17) On April 19, 1996, President Clinton appointed Mr.
Trie to the Commission on U.S. Pacific Trade and Investment
Policy. On April 26, President Clinton signed a letter to Mr.
Trie relating to U.S. policy in putting carriers in the
Taiwan Straits.
(18) During 1995 and 1996, Mr. Trie received a series of
wire transfers in amounts of $50,000 and $100,000 from the
Chinese government's state-owned bank, the Bank of China.
(19) Recent Senate testimony reveals that Mr. Trie received
$1,400,000 in wire transfers from abroad from 1994 through
1996. At least $220,000 of this money has been traced into
the treasury of the DNC.
(20) Of the total Mr. Trie received from overseas, $905,000
came from Ng Lap Seng, a Macao-based businessman who was
Trie's partner and who was also known as Mr. Wu. Mr. Ng is an
adviser to the Chinese Communist government. Although he is a
foreign national who cannot legally make donations to U.S.
campaigns, he gave money through two employees to attend a
dinner for big contributors with President Clinton on
February 16, 1995.
(21) Returning to Mr. Wang's visit to the coffee with
President Clinton, just four days before the meeting, Mr.
Wang's arms trading company received special permission to
import 100,000 assault weapons, along with millions of
bullets, into the United States despite the assault weapons
ban.
(22) On the day of the coffee, Democratic fund-raiser
Ernest G. Green, another Arkansas friend of the President's,
delivered a $50,000 donation to the Democratic National
Committee. Mr. Green, a managing director at Lehman Brothers,
had never before given such a large contribution to the
Democratic Party. Mr. Wang used a letter of invitation
written by Mr. Green to obtain a visa for Mr. Wang's trip to
the White House for coffee. After delivering the check, Mr.
Green met with Mr. Wang before Mr. Wang went to the White
House.
(23) Several lengthy reports in the Chicago Tribune and the
Washington Post detail the depths of Mr. Wang's international
arms dealing activities.
(24) Beginning in the summer of 1994, Federal agents began
an undercover sting investigation of Poly's efforts to
smuggle weapons into the United States. On March 8, 1996,
just a month after Mr. Wang's visit with President Clinton,
the President of Poly's U.S. subsidiary, Robert Ma, sold his
house in Atlanta and fled the country.
(25) On March 18, 1996, Federal agents surreptitiously
seized a Poly shipment of 2,000 AK-47 assault rifles in
Oakland, California. These weapons had left China on February
18 aboard a vessel belonging to another state-owned company,
the Chinese Ocean Shipping Company (``COSCO''). Id. In May,
Federal agents hastily shut down the operation when they
learned that the Chinese had been tipped to its existence.
The stories indicate that the Department is currently
investigating to determine the source of the leak.
(26) Smuggling the weapons into the United States has not
harmed the fortunes of COSCO. In April 1996, with the support
of the Clinton Administration, COSCO signed a lease with the
City of Long Beach, California to rent a now defunct navy
base in Long Beach, California. In addition, the Clinton
Administration has allowed COSCO's ships access to our most
sensitive ports with one day's notice rather than the usual
four, and it has given COSCO a $138,000,000 loan guarantee to
build ships in Alabama. The Administration has made all of
these concessions since the coffee with Mr. Wang. That COSCO
participated in the shipment of illegal arms does not appear
to have dampened the Administration's enthusiasm in any of
these matters.
(27) These circumstances strongly suggest that there was a
quid pro quo, and that the contributions from Mr. Chung, Mr.
Green, and Mr. Trie, may have come from the Chinese
government in return for the various government favors
described. The President met directly with the Chinese
officials whom Mr. Chung and Mr. Trie brought to the White
House, and he knew about the suspicious circumstances of Mr.
Trie's donations. If the President knew about a quid pro quo,
he may have violated section 201 of title 18, United States
Code, and the other statutes cited above.
(28) Mr. Chung has admitted that a large portion of the
money he raised for the Democrats originated with the
People's Liberation Army in China. He has identified the
conduit as a Chinese aerospace executive, based in Hong Kong,
who is also the daughter of General Liu Huaqing, who was
China's top military commander at the time.
(29) Closely related to the allegations concerning the
government of the People's Republic of China are the
allegations relating to the Lippo Group.
(30) The Lippo Group (``Lippo'') is a multi-billion dollar
real estate and financial conglomerate based in Indonesia.
The Riady family, an ethnic Chinese family living in
Indonesia, owns and controls Lippo. The patriarch of the
Riady family is Mochtar Riady. His son, James, has known
President Clinton since the late 1970s when he interned with
an investment bank in Little Rock, Arkansas. Since President
Clinton began his first presidential campaign in 1991,
members of the Riady family and Lippo's subsidiaries and
executives have contributed more than $475,000 to the
Democratic Party and its candidates. Lippo and the Riady
family have numerous business interests in China and Hong
Kong.
(31) In the early 1980s, John Huang, the former Commerce
Department official at the center of this controversy, worked
for Lippo in Little Rock at the Worthen Bank, in which Lippo
had a large stake. In 1986, Mr. Huang moved to Los Angeles to
help run the Lippo Bank, which has had a number of problems
with banking regulators. In that role, he became Lippo's
chief representative in the United States.
(32) Mr. Huang began raising illegal contributions for the
Democratic Party as early as 1992. The recent Senate
Governmental Affairs Committee hearings revealed that in
August 1992 Huang gave a $50,000 contribution to the DNC
through Hip Hing Holdings, a U.S.-based Lippo subsidiary. He
then requested and received reimbursement for the
contribution from Lippo's Indonesian headquarters. Senator
Lieberman said, ``Here's a clear trail of foreign money
coming into United States elections.''

[[Page H5835]]

(33) Maria L. Haley, a presidential aide, recommended Mr.
Huang for a job at the Commerce Department in October 1993.
In January 1994 while he was still an employee of Lippo, Mr.
Huang received a top-secret security clearance without a full
background check.
(34) On July 18, 1994, he became principal deputy assistant
secretary for international economic policy in the Department
of Commerce. He received a $780,000 severance payment from
Lippo. David J. Rothkopf, the deputy undersecretary of
commerce, and Jeffrey Garten, the undersecretary, expressed
misgivings about Mr. Huang's suitability for the job. In
recent Senate testimony, Mr. Garten said that Mr. Huang was
``totally unqualified'' for the job and that ``he should not
be involved in China at all.'' Mr. Rothkopf has said his
complaints were to no avail and that he ``got the distinct
impression that this was a done deal. But it was unclear to
me at what level it was done.'' The Riadys have apparently
boasted to friends that they placed Huang in the job.
(35) The Commerce Department now acknowledges that Mr.
Huang attended 109 meetings at which classified information
might have been discussed. Phone records show that Mr. Huang
made at least 70 calls to Lippo during his tenure at the
Commerce Department, many of which occurred near the time of
the briefings. He had contacts with officials of the Chinese
Embassy. Mr. Huang also maintained an office at a private
investment firm with Arkansas and Asian ties, Stephens, Inc.,
where he made numerous phone calls and received faxes and
packages during his Commerce tenure.
(36) Mr. Huang began to raise money illegally before he
even left the Commerce Department, and the DNC attributed
these donations to his wife. In mid-1995, he expressed an
interest in going to the DNC to raise funds. DNC Chairman Don
Fowler did not think that the move was necessary and took no
action.
(37) In September 1995, the President and his closest
adviser, Bruce Lindsey, met with Mr. Huang, James Riady, and
C. Joseph Giroir, a former law partner of Mrs. Clinton's who
was close to the Riadys, regarding Mr. Huang's desire to move
to the DNC. The President has acknowledged that he had a role
in recommending Mr. Huang for the DNC job, and other former
Clinton aides with ties to Asia, including Mr. Giroir,
apparently mounted a concerted campaign to bring about Mr.
Huang's job there. In December 1995, Mr. Huang moved to the
DNC with the title finance vice chairman. After Mr. Huang
left, his Commerce Department position was eliminated. Id.
Strangely, however, Mr. Huang kept his security clearance
long after he left the Commerce Department.
(38) At the DNC, Mr. Huang embarked on an unusual fund-
raising drive in which he raised $3,400,000. Of that amount,
the DNC has identified $1,600,000 as being illegal, improper,
or sufficiently suspect that it will be sent back to donors.
Many of these donations came from fictitious donors and, in
at least one case, a dead person. One of the most egregious
examples is the $450,000 donated by Arief and Soraya
Wiriadinata. Until December 1995 when they left the country,
this couple lived in a modest townhouse in Northern Virginia.
Mr. Wiriadinata was a landscape architect, and Mrs.
Wiriadinata was a homemaker. Despite these modest
circumstances, the couple wrote 23 separate checks to the DNC
totaling $425,000 from November 9, 1995 until June 7, 1996.
However, Mrs. Wiriadinata is the daughter of Hashim Ning, a
partner of the Riadys in owning Lippo. Democratic Party
officials had concerns about the legality of Mr. Huang's
activities as early as July 1996, but they did not remove him
from his job.
(39) The Wiriadinatas are not the only conduit through
which Lippo money apparently benefited the Clintons. Existing
Independent Counsel Kenneth Starr is reportedly investigating
whether payments that Lippo made to Webster Hubbell were made
to buy his silence in the Whitewater investigation. These
payments reportedly included paying for a vacation the
Hubbell family took to Bali in the summer of 1994.
(40) One possible quid pro quo for this Lippo money is the
possibility that Lippo bought Mr. Huang's position in the
Commerce Department as well as the accompanying access to
classified information. In addition, during September 1996,
the President announced that he was designating 1.7 million
acres of Utah wilderness as a national monument. This
designation abruptly halted plans to mine the world's largest
deposit of clean-burning ``super compliance coal.'' The
President made this move with virtually no consultation with
people in the affected area of Utah. The second largest
deposit of this kind of coal lies in Indonesia, and critics
suggest that the designation was made as a reward to Lippo.
(41) If there was a quid pro quo for Mr. Huang's position
at the Department of Commerce, his access to classified
information, the designation of the national monument, or all
three, then there may have been a violation of section 201 of
title 18, United States Code, and the other statutes
mentioned above. The President's direct involvement includes
his participation in the September 1995 meeting at which Mr.
Huang expressed his desire to go to the DNC and his
participation in the designation of the national monument.
(42) On February 20, 1997, the Wall Street Journal reported
that a Miami computer executive with close ties to the
government of Paraguay had a number of dealings with the
White House.
(43) The computer executive, Mark Jimenez, is a native of
the Philippines, and he is a legal resident of the United
States. His company, Future Tech International, sells
computer parts in Latin America, including Paraguay. He
apparently has close ties to the government of Paraguay.
Since 1993, Mr. Jimenez and his employees have given over
$800,000 to the Democratic Party, the Clinton-Gore campaign,
and other private initiatives linked to President Clinton,
like the effort to restore the President's birthplace. Mr.
Jimenez has visited the White House at least twelve times
since April 1994, and on at least seven of these occasions,
he met personally with President Clinton.
(44) The timing of some of these donations strongly
suggests that there was a quid pro quo. From February through
April 1996, Mr. Jimenez and various officials of the
government of Paraguay met in the White House with
presidential adviser and former chief of staff, Mack McLarty
regarding threats to the government of Paraguay. On March 1,
the State Department recommended that Paraguay no longer
receive American foreign aid because it had not done enough
to stop drug smuggling. President Clinton then issued a
waiver allowing the continued aid despite the State
Department's finding.
(45) On April 22, the military of Paraguay attempted a coup
against the President of Paraguay, Carlos Wasmosy. The White
House allowed President Wasmosy to take refuge in the
American embassy in Asuncion and took other steps to support
him. The same day, Mr. Jimenez gave $100,000 to the
Democratic National Committee.
(46) In addition, during February 1996, Mr. Jimenez
attended one of the now famous White House coffees. Ten days
later, he gave another $50,000 to the Democratic National
Committee. On September 30, 1996, Mr. Jimenez arranged for a
White House tour for a number of business friends who were
attending a meeting of the International Monetary Fund. The
same day, he sent $75,000 to the Democratic National
Committee. The close coincidence of Mr. Jimenez's
contributions with the favors he received is highly
suspicious. The President's direct involvement includes his
calling President Wasmosy to assure him of American support
with respect to the coup attempt and his direct participation
in the coffee in question. If there was a quid pro quo
involved, these incidents may violate section 201, of title
18, United States Code, and the other statutes cited above.
(47) In February, the Washington Post reported that on
September 4, 1995, First Lady Hillary Clinton stopped over in
Guam on the way to the International Women's Conference in
Beijing, China. She ended her visit with a shrimp cocktail
buffet hosted by Guam's governor, Carl T. Gutierrez, a
Democrat. Three weeks later, a Guam Democratic Party official
arrived in Washington with more than $250,000 in campaign
contributions. Within six additional months, Governor
Gutierrez and a small group of Guam businessmen had produced
an additional $132,000 for the Clinton-Gore reelection
campaign and $510,000 in soft money for the Democratic
National Committee.
(48) In December 1996, the Administration circulated a memo
that would have granted a long sought reversal of the
Administration's position on labor and immigration issues in
a way that was very favorable to businesses in Guam. The
story gave the following reason for this shift: Some
officials also attribute the administration's support for the
reversal to the money raised for the president's reelection
campaign. One senior U.S. official said ``the political
side'' of her agency had informed her that the
administration's shift was linked to campaign contributions.
``We had always opposed giving Guam authority over its own
immigration,'' the official said. ``But when that $600,000
was paid, the political side switched.'' United States
officials from three other agencies added that they too had
been told that the policy shift was linked to money.
(49) Various published reports discussed below indicate
that the President was intimately involved in the details of
fundraising for his reelection. As President, he ultimately
controls the Administration's policy. Thus, if these
assertions prove true, a reasonable mind could reach the
conclusion that the President knew about and condoned a
direct quid pro quo for these policy changes. If he did so,
such a quid pro quo would violate section 201 of title 18,
United States Code, and the other statutes.
(50) At least three criminal statutes address the use of
the White House for political purposes. Section 600 of title
18, United States Code, prohibits the promising of any
government benefit in return for any kind of political
support or activity. Section 607 of title 18, United States
Code, prohibits the solicitation or receipt of contributions
for Federal campaigns in Federal buildings. Section 641 of
title 18, United States Code, prohibits the conversion of
government property to personal use.
(51) During January 1995, President Clinton authorized a
plan under which the Democratic National Committee would hold
fund-raising coffees and sleepovers in the White House.
During 1995 and 1996, the White House held 103 of the
coffees. To quote the New York Times, ``[t]he documents
[released by the White House] themselves make explicit that
the coffees were fund-raising vehicles * * * [they] also make
clear that the Democratic National Committee was virtually
being run out of the Clinton White House despite the
President's initial efforts after the

[[Page H5836]]

election to draw a distinction between his own campaign
organization and the committee.'' The Los Angeles Times said:
``The result [of the coffees] was not only lucrative,
according to some involved, but occasionally bizarre--
sometimes the political equivalent of the bar scene in the
film `Star Wars.' The president and vice president were
surrounded by rotating casts of rich strangers with unknown
motives or backgrounds, including some from faraway places
who didn't speak the same language.''
(52) These reports indicate that Democratic Party
fundraising staff have said in interviews that they directly
sold access to the President and Vice President at the
coffees. The New York Times quoted a Democratic fund-raiser's
response to a White House denial that there was a requirement
for a coffee participant to make a contribution as: ``I don't
understand why they continue to deny the obvious.'' The Los
Angeles Times quoted a fund-raiser as saying: ``I can't count
the number of times I heard, `Tell them they can come to a
coffee with the President for $50,000.' It was routine. In
fact, when [staffers] said, `This is all I can raise,' they
were told, `Keep selling the coffees.' ''
(53) In short, these reports make it obvious that the
coffees, which President Clinton directly authorized, were
nothing but fundraising events. According to the New York
Times, the Democratic National Committee raised $27,000,000
from 350 people who attended White House coffees.
(54) President Clinton also entertained 938 overnight
guests in the White House during his first term. This, too,
became a means of fund-raising. When the original plan to
hold coffees was suggested to the President, he not only
approved it, but also originated the idea of the overnight
visits. On the memo suggesting the plan, he wrote, ``Ready to
start overnights right away * * * get other names at 100,000
or more, 50,000 or more.'' The New York Times reports that
these guests donated $10,210,840 to the Democratic Party from
1992 through 1996. The New York Times said about the
President's notation: ``The memorandum to Mr. Clinton and the
response from the President show Mr. Clinton's direct
involvement in authorizing the fund-raising practices that
are now under scrutiny by Congressional and Justice
Department investigators.''
(55) At least one document the White House has recently
released strongly suggests that President Clinton made
telephone solicitations from the White House. The document,
written by Vice President Gore's deputy chief of staff, David
Strauss, contained the notation, ``BC made 15 to 20 calls,
raised 500K.'' Other documents indicate that presidential
adviser Harold Ickes also proposed that President Clinton
make fund-raising calls. President Clinton has said that he
cannot remember whether he made the calls. If President
Clinton made these calls from the White House, he may have
violated section 607 of title 18, United States Code.
(56) The circumstances of the coffees, the sleepovers, and
the possible telephone calls strongly suggest that the
President may have violated the following provisions of title
18, United States Code: (1) Section 600 (by promising
government access in return for campaign contributions). (2)
Section 607 (by soliciting campaign contributions in Federal
buildings). (3) Section 641 (by converting Federal property,
the White House, to his own private use).
(57) Under the independent counsel statute (28 U.S.C.
591(b)(1)), the Vice President is a covered person. Based on
published reports, the Attorney General has sufficient
grounds to investigate whether Vice President Gore may have
violated Federal criminal law.
(58) On April 29, 1996, Vice President Gore attended a
fund-raiser at the Hsi Lai Buddhist Temple in Hacienda
Heights, California. This fund-raiser, organized by John
Huang, brought in $140,000 for the Democratic National
Committee. When the event first came to public attention, the
Vice President claimed that the event was intended as
``community outreach'' and that ``[i]t was not billed as a
fund-raiser'' and ``no money was offered or collected or
raised''. The Vice President made this claim notwithstanding
reports that checks changed hands at the event and that
virtually everyone else involved thought the event was an
explicit fund-raiser.
(59) In January 1997, the Vice President admitted that he
knew the event was ``a finance-related event.'' A month
later, documents released by the White House revealed that
the Vice President's staff had referred to the event as a
fund-raiser in making inquiries to the National Security
Council staff about the appropriateness of the event. The
National Security Council advised that he should proceed with
``great, great caution'', but the Vice President proceeded to
go forward with the fund-raiser. This event is apparently now
under investigation by a Federal grand jury.
(60) Hsi Lai Temple, if it is like most religious
organizations, is a tax-exempt organization under section
501(c) of the Internal Revenue Code. If that is so, it may
not ``participate in, or intervene in (including the
publishing or distributing of statements), any political
campaign on behalf of (or in opposition to) any candidate for
public office.'' (section 501(c)(3) of the Internal Revenue
Code of 1986). By holding such an obviously political event,
the Temple violated its tax exempt status, and Vice President
Gore actively and enthusiastically participated in that
violation. That action may violate section 371 of title 18,
United States Code, as a conspiracy to defraud the United
States by interfering with the functions of the Internal
Revenue Service, and section 7201 of the Internal Revenue
Code of 1986, as an evasion of the income tax.
(61) On March 2, 1997, the Washington Post reported that
Vice President Gore ``played the central role in soliciting
millions of dollars in campaign money for the Democratic
Party during the 1996 election'' and that he was known as the
administration's ``solicitor-in-chief''. The next day, Vice
President Gore held a nationally televised press conference
in which he admitted making numerous calls from the White
House in which he solicited campaign contributions. He said
that he made these phone calls with a DNC credit card. His
spokesman later clarified that the card that he used belonged
to the Clinton-Gore reelection campaign (statement of Vice
Presidential Communications Director Lorraine Voles, dated
March 5, 1997). The use of the Clinton-Gore credit card
suggests that the solicitations were for ``hard money'' which
goes to campaigns rather than ``soft money'' which goes to
parties.
(62) Documents that the White House has only recently
released reveal that Vice President Gore made 86 fundraising
calls from his White House Office. More disturbingly, these
new records reveal that Vice President Gore made twenty of
these calls at taxpayer expense. This use of taxpayer
resources for private political uses may violate section 641
of title 18, United States Code, (converting government
property to personal use).
(63) On its face, the conduct to which Vice President Gore
admitted appears to be a clear violation of section 607 of
title 18, United States Code. Section 607 of such title makes
it unlawful for ``any person to solicit * * * any [campaign]
contribution * * * in any room or building occupied in the
discharge of official [government] duties * * * ''.
(64) Recent reports have completely undermined these two
claims with respect to the calls that Vice President Gore
made. The Washington Post on September 3, 1997, reported that
at least $120,000 of the money he solicited from his office
was ``hard money.''. As the story notes, ``The [hard] money
came from at least eight of 46 donors the vice president
telephoned from his White House office to ask for
contributions to the Democratic National Committee, according
to records released by Gore's office.'' The American people
should be are deeply troubled by the length of time it took
for these records, which have apparently been under Vice
President Gore's control, to come to public light. With
respect to the second claim, no person has made any claim
that Vice President Gore made these calls from any place
other than his office, an area clearly covered under section
607 of title 18, United States Code, as a ``room or building
occupied in the discharge of official [government] duties.''
(65) The Washington Post also asserted that Vice President
Gore made the telephone solicitations ``with an urgency and
directness that several large Democratic donors said they
found heavy-handed and inappropriate.'' The story quoted two
donors as follows: ``Another donor recalled Gore phoning and
saying, `I've been tasked with raising $2,000,000 by the end
of the week, and you're on my list.' The donor, a well-known
business figure who declined to allow his name to be used,
gave about $100,000 to the DNC. The donor said he felt
pressured by the Vice President's sales pitch. `It's
revolting,' said the donor, a longtime Gore friend and
supporter. Yet another major business figure and donor who
was solicited by Gore, and who refused to be identified,
said, `There were elements of a shakedown in the call. It was
very awkward. For a Vice President, particularly this Vice
President who has real power and is the heir apparent, to ask
for money gave me no choice. I have so much business that
touches on the Federal Government--the Telecommunications
Act, tax policy, regulations galore.' The donor said he
immediately sent a check for $100,000 to the DNC.''.
(66) Although the Vice President may legally solicit
campaign contributions, it is not legal to exert pressure
based on government actions. The bribery statute (section
201(b)(2) of title 18, United States Code) provides that a
public official may not ``directly or indirectly, corruptly
demand[], [or] seek[], * * * anything of value personally or
for any other person or entity, in return for: (A) being
influenced in the performance of any official act; * * * ''
In addition, section 872 of title 18, United States Code,
prohibits government officials from engaging in acts of
extortion. Through the use of untoward pressure, the Vice
President may have violated these statutes.
(67) Sufficient specific and credible evidence exists to
warrant a preliminary investigation under the independent
counsel statute.
(68) The fund-raising disclosures have blown up into the
biggest scandal in the United States since Watergate.
(69) This situation is paralyzing the President,
preoccupying Congress and fueling public cynicism about our
political system.
(b) Sense of Congress.--It is the sense of Congress that
Attorney General Reno should apply immediately for the
appointment of an independent counsel to investigate alleged
criminal conduct relating to the financing of the 1996
Federal elections.

[[Page H5837]]

____
(Voter eligibility verification system; H.R. 1428)

Amendment Offered by Mr. Peterson of Pennsylvania To the Amendments
Offered by Mr. Shays

(Substitutes for H.R. 2183)

Add at the end the following new title:

TITLE __--VOTER ELIGIBILITY CONFIRMATION PROGRAM

SEC. __01. VOTER ELIGIBILITY PILOT CONFIRMATION PROGRAM.

(a) In General.--The Attorney General, in consultation with
the Commissioner of Social Security, shall establish a pilot
program to test a confirmation system through which they--
(1) respond to inquiries, made by State and local officials
(including voting registrars) with responsibility for
determining an individual's qualification to vote in a
Federal, State, or local election, to verify the citizenship
of an individual who has submitted a voter registration
application, and
(2) maintain such records of the inquiries made and
verifications provided as may be necessary for pilot program
evaluation.
In order to make an inquiry through the pilot program with
respect to an individual, an election official shall provide
the name, date of birth, and social security account number
of the individual.
(b) Initial Response.--The pilot program shall provide for
a confirmation or a tentative nonconfirmation of an
individual's citizenship by the Commissioner of Social
Security as soon as practicable after an initial inquiry to
the Commissioner.
(c) Secondary Verification Process in Case of Tentative
Nonconfirmation.--In cases of tentative nonconfirmation, the
Attorney General shall specify, in consultation with the
Commissioner of Social Security and the Commissioner of the
Immigration and Naturalization Service, an available
secondary verification process to confirm the validity of
information provided and to provide a final confirmation or
nonconfirmation as soon as practicable after the date of the
tentative nonconfirmation.
(d) Design and Operation of Pilot Program.--
(1) In general.--The pilot program shall be designed and
operated--
(A) to apply in, at a minimum, the States of California,
New York, Texas, Florida, and Illinois;
(B) to be used on a voluntary basis, as a supplementary
information source, by State and local election officials for
the purpose of assessing, through citizenship verification,
the eligibility of an individual to vote in Federal, State,
or local elections;
(C) to respond to an inquiry concerning citizenship only in
a case where determining whether an individual is a citizen
is--
(i) necessary for determining whether the individual is
eligible to vote in an election for Federal, State, or local
office; and
(ii) part of a program or activity to protect the integrity
of the electoral process that is uniform, nondiscriminatory,
and in compliance with the Voting Rights Act of 1965 (42
U.S.C. 1973 et seq.);
(D) to maximize its reliability and ease of use, consistent
with insulating and protecting the privacy and security of
the underlying information;
(E) to permit inquiries to be made to the pilot program
through a toll-free telephone line or other toll-free
electronic media;
(F) subject to subparagraph (I), to respond to all
inquiries made by authorized persons and to register all
times when the pilot program is not responding to inquiries
because of a malfunction;
(G) with appropriate administrative, technical, and
physical safeguards to prevent unauthorized disclosure of
personal information, including violations of the
requirements of section 205(c)(2)(C)(viii) of the Social
Security Act;
(H) to have reasonable safeguards against the pilot
program's resulting in unlawful discriminatory practices
based on national origin or citizenship status, including the
selective or unauthorized use of the pilot program.
(2) Use of employment eligibility confirmation system.--To
the extent practicable, in establishing the confirmation
system under this section, the Attorney General, in
consultation with the Commissioner of Social Security, shall
use the employment eligibility confirmation system
established under section 404 of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (Public Law
104-208; 110 Stat. 3009-664).
(e) Responsibilities of the Commissioner of Social
Security.--As part of the pilot program, the Commissioner of
Social Security shall establish a reliable, secure method
which compares the name, date of birth, and social security
account number provided in an inquiry against such
information maintained by the Commissioner, in order to
confirm (or not confirm) the correspondence of the name, date
of birth, and number provided and whether the individual is
shown as a citizen of the United States on the records
maintained by the Commissioner (including whether such
records show that the individual was born in the United
States). The Commissioner shall not disclose or release
social security information (other than such confirmation or
nonconfirmation).
(f) Responsibilities of the Commissioner of the Immigration
and Naturalization Service.--As part of the pilot program,
the Commissioner of the Immigration and Naturalization
Service shall establish a reliable, secure method which
compares the name and date of birth which are provided in an
inquiry against information maintained by the Commissioner in
order to confirm (or not confirm) the validity of the
information provided, the correspondence of the name and date
of birth, and whether the individual is a citizen of the
United States.
(g) Updating Information.--The Commissioner of Social
Security and the Commissioner of the Immigration and
Naturalization Service shall update their information in a
manner that promotes the maximum accuracy and shall provide a
process for the prompt correction of erroneous information,
including instances in which it is brought to their attention
in the secondary verification process described in subsection
(c) or in any action by an individual to use the process
provided under this subsection upon receipt of notification
from an election official under subsection (i).
(h) Limitation on Use of the Pilot Program and Any Related
Systems.--
(1) In general.--Notwithstanding any other provision of
law, nothing in this section shall be construed to permit or
allow any department, bureau, or other agency of the United
States Government to utilize any information, data base, or
other records assembled under this section for any other
purpose other than as provided for under this section.
(2) No national identification card.--Nothing in this
section shall be construed to authorize, directly or
indirectly, the issuance or use of national identification
cards or the establishment of a national identification card.
(3) No new data bases.--Nothing in this section shall be
construed to authorize, directly or indirectly, the Attorney
General and the Commissioner of Social Security to create any
joint computer data base that is not in existence on the date
of the enactment of this Act.
(i) Actions by Election Officials Unable to Confirm
Citizenship.--
(1) In general.--If an election official receives a notice
of final nonconfirmation under subsection (c) with respect to
an individual, the official--
(A) shall notify the individual in writing; and
(B) shall inform the individual in writing of the
individual's right to use--
(i) the process provided under subsection (g) for the
prompt correction of erroneous information in the pilot
program; or
(ii) any other process for establishing eligibility to vote
provided under State or Federal law.
(2) Registration applicants.--In the case of an individual
who is an applicant for voter registration, and who receives
a notice from an official under paragraph (1), the official
may (subject to, and in a manner consistent with, State law)
reject the application (subject to the right to reapply), but
only if the following conditions have been satisfied:
(A) The 30-day period beginning on the date the notice was
mailed or otherwise provided to the individual has elapsed.
(B) During such 30-day period, the official did not receive
adequate confirmation of the citizenship of the individual
from--
(i) a source other than the pilot program established under
this section; or
(ii) such pilot program, pursuant to a new inquiry to the
pilot program made by the official upon receipt of
information (from the individual or through any other
reliable source) that erroneous or incomplete material
information previously in the pilot program has been updated,
supplemented, or corrected.
(3) Ineligible voter removal programs.--In the case of an
individual who is registered to vote, and who receives a
notice from an official under paragraph (1) in connection
with a program to remove the names of ineligible voters from
an official list of eligible voters, the official may
(subject to, and in a manner consistent with, State law)
remove the name of the individual from the list (subject to
the right to submit another voter registration application),
but only if the following conditions have been satisfied:
(A) The 30-day period beginning on the date the notice was
mailed or otherwise provided to the individual has elapsed.
(B) During such 30-day period, the official did not receive
adequate confirmation of the citizenship of the individual
from a source described in clause (i) or (ii) of paragraph
(2)(B).
(j) Authority to Use Social Security Account Numbers.--Any
State (or political subdivision thereof) may, for the purpose
of making inquiries under the pilot program in the
administration of any voter registration law within its
jurisdiction, use the social security account numbers issued
by the Commissioner of Social Security, and may, for such
purpose, require any individual who is or appears to be
affected by a voter registration law of such State (or
political subdivision thereof) to furnish to such State (or
political subdivision thereof) or any agency thereof having
administrative responsibility for such law, the social
security account number (or numbers, if the individual has
more than one such number) issued to the individual by the
Commissioner.
(k) Termination and Report.--The pilot program shall
terminate September 30, 2001. The Attorney General and the
Commissioner of Social Security shall each submit to the
Committee on the Judiciary and the Committee on Ways and
Means of the House of Representatives and to the Committee on
the Judiciary and the Committee on Finance of the Senate
reports on the pilot program

[[Page H5838]]

not later than December 31, 2001. Such reports shall--
(1) assess the degree of fraudulent attesting of United
States citizenship in jurisdictions covered by the pilot
program;
(2) assess the appropriate staffing and funding levels
which would be required for full, permanent, and nationwide
implementation of the pilot program, including the estimated
total cost for national implementation per individual record;
(3) include an assessment by the Commissioner of Social
Security of the advisability and ramifications of disclosure
of social security account numbers to the extent provided for
under the pilot program and upon full, permanent, and
nationwide implementation of the pilot program;
(4) assess the degree to which the records maintained by
the Commissioner of Social Security and the Commissioner of
the Immigration and Naturalization Service are able to be
used to reliably determine the citizenship of individuals who
have submitted voter registration applications;
(5) assess the effectiveness of the pilot program's
safeguards against unlawful discriminatory practices;
(6) include recommendations on whether or not the pilot
program should be continued or modified; and
(7) include such other information as the Attorney General
or the Commissioner of Social Security may determine to be
relevant.

SEC. __02. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to the Department
of Justice, for the Immigration and Naturalization Service,
for fiscal years beginning on or after October 1, 1998, such
sums as are necessary to carry out the provisions of this
title.
____

(Citizenship verification for voters)

Amendment Offered by Mr. Barr of Georgia To the Amendments Offered by
Mr. Shays

(Substitutes for H.R. 2183)

Add at the end the following new title:
TITLE __--CITIZENSHIP VERIFICATION FOR VOTING

SEC. __01. REQUIRING VOTERS TO PROVIDE PROOF OF CITIZENSHIP.

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:
``(i) Requiring Voters to Provide Proof of Citizenship.--A
State may not provide any individual with a ballot for voting
in an election for Federal office unless the individual
provides the State election official involved with
verification of the individual's status as a citizen of the
United States, including--
``(1) the city, State or province (if any), and nation of
the individual's birth; and
``(2) if the individual is a naturalized citizen of the
United States, the date on which the individual was admitted
to citizenship and the location where the admission to
citizenship occurred (if applicable).''.
____

(Prohibiting bilingual voting materials)

Amendment Offered by Mr. Barr of Georgia To the Amendments Offered by
Mr. Shays

(Substitutes for H.R. 2183)

Add at the end the following new title:
TITLE --PROHIBITING BILINGUAL VOTING MATERIALS

SEC. 01. PROHIBITING USE OF BILINGUAL VOTING MATERIALS.

(a) Prohibition.--
(1) In general.--No State may provide voting materials in
any language other than English.
(2) Voting materials defined.--In this subsection, the term
``voting materials'' means registration or voting notices,
forms, instructions, assistance, or other materials or
information relating to the electoral process, including
ballots.
(b) Conforming Amendments.--The Voting Rights Act of 1965
is amended--
(1) by striking section 203 (42 U.S.C. 1973aa--la);
(2) in section 204 (42 U.S.C. 1973aa-2), by striking ``, or
203''; and
(3) in section 205 (42 U.S.C. 1973aa-3), by striking ``,
202, or 203'' and inserting ``or 202''.
____

(Expulsion of House members convicted of receiving prohibited foreign
contributions)

Amendment Offered by Mr. Traficant of Ohio To the Amendments Offered by
Mr. Shays

(Substitutes for H.R. 2183)

Add at the end the following new title:

TITLE __--EXPULSION PROCEEDINGS FOR HOUSE MEMBERS RECEIVING FOREIGN
CONTRIBUTIONS

SEC. __01. PERMITTING CONSIDERATION OF PRIVILEGED MOTION TO
EXPEL HOUSE MEMBER ACCEPTING ILLEGAL FOREIGN
CONTRIBUTION.

(a) In General.--If a Member of the House of
Representatives is convicted of a violation of section 319 of
the Federal Election Campaign Act of 1971 (or any successor
provision prohibiting the solicitation, receipt, or
acceptance of a contribution from a foreign national), it
shall be in order in the House at any time after the fifth
legislative day following the date on which the Member is
convicted to move to expel the Member from the House of
Representatives. A motion to expel a Member under the
authority of this subsection shall be highly privileged. An
amendment to the motion shall not be in order, and it shall
not be in order to move to reconsider the vote by which the
motion was agreed to or disagreed to.
(b) Exercise of Rulemaking Authority.--This section is
enacted by Congress--
(1) as an exercise of the rulemaking power of the House of
Representatives, and as such it is deemed a part of the rules
of the House of Representatives, and it supersedes other
rules only to the extent that it is inconsistent therewith;
and
(2) with full recognition of the constitutional right of
the House of Representatives to change the rule at any time,
in the same manner and to the same extent as in the case of
any other rule of the House of Representatives.
____

(To provide that background music shall not be taken into account in
determining whether a communication constitutes express advocacy)

Amendment offered by Mr. DeLay to the Amendment offered by Mr. Shays

At the appropriate place, insert the following:

SEC. . EXPRESS ADVOCACY DETERMINED WITHOUT REGARD TO
BACKGROUND MUSIC.

Section 301 (2 U.S.C. 431) is amended by adding at the end
the following new paragraph:
``(20) In determining whether any communication by
television or radio broadcast constitutes express advocacy
for purposes of this Act, there shall not be taken into
account any background music used in such broadcast.''
____

Amendment offered by Mr. DeLay to the Amendment Offered By Mr. Shays or
Mr. Meehan

Amendment No. 84 In section 301(8) of the Federal Election
Campaign Act of 1971, as amended by section 205(a)(1)(B) of
the substitute, add at the end the following:
(F) For purposes of subparagraph (C), no communication with
a Senator or Member of the House of Representatives
(including the staff of a Senator or Member) regarding any
pending legislative matter, regarding the position of any
Senator or Member on such manner, may be construed to
establish coordination with a candidate.
____

amendment #27 has been withdrawn by the author
____

Amendment offered by Mr. DeLay to the Amendment Offered By Mr. Shays or
Mr. Meehan

Amendment No. 83. In section 301(8)(C) of the Federal
Election Campaign Act of 1971, as added by section
205(a)(1)(B) of the substitute, strike clause (vi) and
redesignate clauses (viii) through (x) as clauses (vi)
through (ix).
____

Amendment offered by Mr. DeLay to the Amendment Offered By Mr. Shays or
Mr. Meehan

Amendment No. 84. In section 301(8) of the Federal Election
Campaign Act of 1971, as amended by section 205(a)(1)(B) of
the substitute, add at the end the following:
(F) For purposes of subparagraph (C), no communication with
a Senator or Member of the House of Representatives
(including the staff of a Senator or Member) regarding any
pending legislative matter, including any survey,
questionnaire, or written communication soliciting or
providing information regarding the position of any Senator
or Member on such manner, may be construed to establish
coordination with a candidate.
____

(Prohibition against fundraising on Federal property)

Amendment Offered by Mr. Gutknecht of Minnesota To the Amendments
Offered by Mr. Shays

(Substitutes for H.R. 2183)

Add at the end the following new title:

TITLE __--PROHIBITING FUNDRAISING ON FEDERAL PROPERTY

SEC. __01. PROHIBITION AGAINST POLITICAL FUNDRAISING ON
FEDERAL PROPERTY.

Section 607 of title 18, United States Code, is amended by
striking subsection (a) and inserting the following:
``(a) Prohibition.--It shall be unlawful for any persons to
solicit or receive a donation of money or other thing of
value for a political committee or a candidate for Federal,
State, or local office from a person who is located in a room
or building, including by not limited to the White House,
occupied in the discharge of official duties by an officer or
employee of the United States. An individual who is an
officer or employee of the Federal Government, including the
President, Vice President, and Members of Congress, shall not
solicit a donation of money or other thing of value for a
political committee or candidate for Federal, State, or local
office, while in any room or building, including but not
limited to the White House, occupied in the discharge of
official duties by an officer or employee of the United
States, from any person.''.

[[Page H5839]]

____
(Replace Beck codification with paycheck protection provisions)

Amendment Offered by Mr. Bob Schaffer of Colorado To the Amendment
Offered by Mr. Shays or Mr. Meehan

(Substitute for H.R. 2183)

Strike section 501 and insert the following (and conform
the table of contents accordingly):

SEC. 501. PROHIBITING INVOLUNTARY ASSESSMENT OF EMPLOYEE
FUNDS FOR POLITICAL ACTIVITIES.

(a) In General.--Section 316 of the Federal Election
Campaign Act of 1971 (2 U.S.C. 441b) is amended by adding at
the end the following new subsection:
``(c)(1) Except with the separate, prior, written,
voluntary authorization of each individual, it shall be
unlawful--
``(A) for any national bank or corporation described in
this section to collect from or assess its stockholders or
employees any dues, initiation fee, or other payment as a
condition of employment if any part of such dues, fee, or
payment will be used for political activity in which the
national bank or corporation is engaged; and
``(B) for any labor organization described in this section
to collect from or assess its members or nonmembers any dues,
initiation fee, or other payment if any part of such dues,
fee, or payment will be used for political activity in which
the labor organization is engaged.
``(2) An authorization described in paragraph (1) shall
remain in effect until revoked and may be revoked at any
time. Each entity collecting from or assessing amounts from
an individual with an authorization in effect under such
paragraph shall provide the individual with a statement that
the individual may at any time revoke the authorization.
``(3) For purposes of this subsection, the term `political
activity' means any activity carried out for the purpose of
influencing (in whole or in part) any election for Federal
office or educating individuals about candidates for election
for Federal office or any Federal legislation, law, or
regulations.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply to amounts collected or assessed on or after the
date of the enactment of this Act.
____

(Reduced postage rates for principal campaign committees)

Amendment Offered by Mr. Horn of California To the Amendments Offered
by Mr. Shays

(Substitutes for H.R. 2183)

Add at the end the following new title:
TITLE __--REDUCED POSTAGE RATES

SEC. __01. REDUCED POSTAGE RATES FOR PRINCIPAL CAMPAIGN
COMMITTEES OF CONGRESSIONAL CANDIDATES.

(a) In General.--Section 3626(e)(2)(A) of title 39, United
States Code, is amended by striking ``and the National
Republican Congressional Committee'' and inserting ``the
National Republican Congressional Committee, and the
principal campaign committee of a candidate for election for
the office of Senator or Representative in or Delegate or
Resident Commissioner to the Congress''.
(b) Limiting Reduced Rate to Two Pieces of Mail Per
Registered Voter.--Section 3626(e)(1) of such title is
amended by striking the period at the end and inserting the
following: ``, except that in the case of a committee which
is a principal campaign committee such rates shall apply only
with respect to the election cycle involved and only to a
number of pieces equal to the product of 2 times the number
(as determined by the Postmaster General) of addresses (other
than business possible delivery stops) in the congressional
district involved (or, in the case of a committee of a
candidate for election for the office of Senator, in the
State involved).''.
(c) Principal Campaign Committee Defined.--Section
3626(e)(2) of such title is amended--
(1) by striking ``and'' at the end of subparagraph (B);
(2) by striking the period at the end of subparagraph (C)
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(D) the term `principal campaign committee' has the
meaning given such term in section 301(5) of the Federal
Election Campaign Act of 1971.''.
____

(Limitation on contributions from PACs and parties)

Amendment Offered by Mr. Upton of Michigan To the Amendment Offered by
Mr. Shays or Mr. Meehan

(Substitute for H.R. 2183)

Add at the end of title I the following new section (and
conform the table of contents accordingly):

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

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

(Penalty for violation of foreign contribution ban)

Amendment Offered by Mr. Nick Smith of Michigan To the Amendments
Offered by Mr. Shays

(Substitutes for H.R. 2183)

Add at the end the following new title:

TITLE __--PENALTY FOR VIOLATION OF FOREIGN CONTRIBUTION BAN

SEC. __01. PENALTY FOR VIOLATION OF PROHIBITION AGAINST
FOREIGN CONTRIBUTIONS.

(Expedited review of allegations of FECA violations)

amendment offered by mr. shadegg of arizona to the amendment offered by
mr. shays or mr. meehan

(Substitute for H.R. 2183)

Add at the end of title V the following new section (and
conform the table of contents accordingly):

SEC. 510. EXPEDITED COURT REVIEW OF CERTAIN ALLEGED
VIOLATIONS OF FEDERAL ELECTION CAMPAIGN ACT OF
1971.

(a) In General.--Section 309 of the Federal Election
Campaign Act of 1971 (2 U.S.C. 437g) is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection:
``(d)(1) Notwithstanding any other provision of this
section, if a candidate (or the candidate's authorized
committee) believes that a violation described in paragraph
(2) has been committed with respect to an election during the
90-day period preceding the date of the election, the
candidate or committee may institute a civil action on behalf
of the Commission for relief (including injunctive relief)
against the alleged violator in the same manner and under the
same terms and conditions as an action instituted by the
Commission under subsection (a)(6), except that the court
involved shall issue a decision regarding the action as soon
as practicable after the action is instituted and to the
greatest extent possible issue the decision prior to the date
of the election involved.
``(2) A violation described in this paragraph is a
violation of this Act or of chapter 95 or chapter 96 of the
Internal Revenue Code of 1986 relating to--
``(A) whether a contribution is in excess of an applicable
limit or is otherwise prohibited under this Act; or
``(B) whether an expenditure is an independent expenditure
under section 301(17).''.
(b) Effective Date.--The amendments made by this section
shall apply with respect to elections occurring after the
date of the enactment of this Act.
____

amendment offered by mr. delay to the amendment offered by mr. shays or
mr. meehan

(Substitute for H.R. 2183)

Strike section 301(20)(B) of the Federal Election Campaign
Act of 1971, as added by section 201(b) of the substitute,
and insert the following:
``(B) Nonapplication to publications on voting records.--
The term `express advocacy' shall not apply with respect to
any printed communication which provides information or
commentary on the voting record of, or positions on issues
taken by, any individual holding Federal office or any
candidate for election for Federal office, unless the
communication contains explicit words expressly urging a vote
for or against any identified candidate or political
party.''.
____

(Requiring majority of House candidate funds to come from in-State
individual residents)

Amendment Offered by Mr. Shaw of Florida to the Amendment Offered by
Mr. Shays or Mr. Meehan

(Substitute for H.R. 2183)

Add at the end of title V the following new section (and
conform the table of contents accordingly):

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

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

[[Page H5840]]

____
(Expedited consideration of constitutional amendment)

Amendment Offered by Ms. Kaptur of Ohio To the Amendment Offered by Mr.
Shays or Mr. Meehan

(Substitute for HR 2183)

Insert after section 602 the following new section (and
redesignate the succeeding provisions and conform the table
of contents accordingly):

SEC. 603. EXPEDITED CONSIDERATION OF CONSTITUTIONAL
AMENDMENT.

(a) In General.--If any provision of this Act or any
amendment made by this Act is found unconstitutional by the
Supreme Court, the provisions of section 2908 (other than
subsection (a)) of the Defense Base Closure and Realignment
Act of 1990 shall apply to the consideration of a joint
resolution described in subsection (c) in the same manner as
such provisions apply to a joint resolution described in
section 2908(a) of such Act.
(b) Special Rules.--For purposes of applying subsection (a)
with respect to such provisions, the following rules shall
apply:
(1) Any reference to the Committee on Armed Services of the
House of Representatives shall be deemed a reference to the
Committee on the Judiciary of the House of Representatives
and any reference to the Committee on Armed Services of the
Senate shall be deemed a reference to the Committee on the
Judiciary of the Senate.
(2) Any reference to the date on which the President
transmits a report shall be deemed a reference to the date on
which the Supreme Court finds a provision of this Act or an
amendment made by this Act unconstitutional.
(c) Constitutional Amendment Described.--For purposes of
subsection (a), a joint resolution described in this section
is a joint resolution proposing the following text as an
amendment to the Constitution of the United States:

``Article --

``Section 1. Congress shall have power to set reasonable
limits on expenditures made in support of or in opposition to
the nomination or election of any person to Federal office.
``Sec. 2. Each State shall have power to set reasonable
limits on expenditures made in support of or in opposition to
the nomination or election of any person to State office.
``Sec. 3. Congress shall have power to enforce this article
by appropriate legislation.''.
____

(Restrictions on and regulation of foreign lobbying)

Amendment Offered by Ms. Kaptur of Ohio To the Amendment Offered by Mr.
Shays or Mr. Meehan

(Substitutes for H.R. 2183)

Add at the end the following new title:

TITLE __--ETHICS IN FOREIGN LOBBYING

SEC. __01. PROHIBITION OF CONTRIBUTIONS AND EXPENDITURES BY
MULTICANDIDATE POLITICAL COMMITTEES OR SEPARATE
SEGREGATED FUNDS SPONSORED BY FOREIGN-
CONTROLLED CORPORATIONS AND ASSOCIATIONS.

Title III of the Federal Election Campaign Act of 1971 (2
U.S.C. 441 et seq.) is amended by adding at the end the
following new section:

``prohibition of contributions and expenditures by multicandidate
political committees sponsored by foreign-controlled corporations and
associations

``Sec. 323. (a) In General.--Notwithstanding any other
provision of law--
``(1) no multicandidate political committee or separate
segregated fund of a foreign-controlled corporation may make
any contribution or expenditure with respect to an election
for Federal office; and
``(2) no multicandidate political committee or separate
segregated fund of a trade organization, membership
organization, cooperative, or corporation without capital
stock may make any contribution or expenditure with respect
to an election for Federal office if 50 percent or more of
the operating fund of the trade organization, membership
organization, cooperative, or corporation without capital
stock is supplied by foreign-controlled corporations or
foreign nationals.
``(b) Information Required to Be Reported.--The Commission
shall--
``(1) require each multicandidate political committee or
separate segregated fund of a corporation to include in the
statement of organization of the multicandidate political
committee or separate segregated fund a statement (to be
updated annually and at any time when the percentage goes
above or below 50 percent) of the percentage of ownership
interest in the corporation that is controlled by persons
other than citizens or nationals of the United States;
``(2) require each trade association, membership
organization, cooperative, or corporation without capital
stock to include in its statement of organization of the
multicandidate political committee or separate segregated
fund (and update annually) the percentage of its operating
fund that is derived from foreign-owned corporations and
foreign nationals; and
``(3) take such action as may be necessary to enforce
subsection (a).
``(c) List of Entities Filing Reports.--The Commission
shall maintain a list of the identity of the multicandidate
political committees or separate segregated funds that file
reports under subsection (b), including a statement of the
amounts and percentage reported by such multicandidate
political committees or separate segregated funds.
``(d) Definitions.--As used in this section--
``(1) the term `foreign-owned corporation' means a
corporation at least 50 percent of the ownership interest of
which is controlled by persons other than citizens or
nationals of the United States;
``(2) the term `multicandidate political committee' has the
meaning given that term in section 315(a)(4);
``(3) the term `separate segregated fund' means a separate
segregated fund referred to in section 316(b)(2)(C); and
``(4) the term `foreign national' has the meaning given
that term in section 319.''.

SEC. __02. PROHIBITION OF CERTAIN ELECTION-RELATED ACTIVITIES
OF FOREIGN NATIONALS.

Section 319 of the Federal Election Campaign Act of 1971 (2
U.S.C. 441e) is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following new
subsection:
``(c) A foreign national shall not direct, dictate,
control, or directly or indirectly participate in the
decisionmaking process of any person, such as a corporation,
labor organization, or political committee, with regard to
such person's Federal or non-Federal election-related
activities, such as decisions concerning the making of
contributions or expenditures in connection with elections
for any local, State, or Federal office or decisions
concerning the administration of a political committee.''.

SEC. __03. ESTABLISHMENT OF A CLEARINGHOUSE OF POLITICAL
ACTIVITIES INFORMATION WITHIN THE FEDERAL
ELECTION COMMISSION.

(a) Establishment.--There shall be established within the
Federal Election Commission a clearinghouse of public
information regarding the political activities of foreign
principals and agents of foreign principals. The information
comprising this clearinghouse shall include only the
following:
(1) All registrations and reports filed pursuant to the
Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et seq.)
during the preceding 5-year period.
(2) All registrations and reports filed pursuant to the
Foreign Agents Registration Act, as amended (22 U.S.C. 611 et
seq.), during the preceding 5-year period.
(3) The listings of public hearings, hearing witnesses, and
witness affiliations printed in the Congressional Record
during the preceding 5-year period.
(4) Public information disclosed pursuant to the rules of
the Senate or the House of Representatives regarding
honoraria, the receipt of gifts, travel, and earned and
unearned income.
(5) All reports filed pursuant to title I of the Ethics in
Government Act of 1978 (5 U.S.C. App.) during the preceding
5-year period.
(6) All public information filed with the Federal Election
Commission pursuant to the Federal Election Campaign Act of
1971 (2 U.S.C. 431 et seq.) during the preceding 5-year
period.
(b) Disclosure of Other Information Prohibited.--The
disclosure by the clearinghouse, or any officer or employee
thereof, of any information other than that set forth in
subsection (a) is prohibited, except as otherwise provided by
law.
(c) Director of Clearinghouse.--(1) The clearinghouse shall
have a Director, who shall administer and manage the
responsibilities and all activities of the clearinghouse.
(2) The Director shall be appointed by the Federal Election
Commission.
(3) The Director shall serve a single term of a period of
time determined by the Commission, but not to exceed 5 years.
(d) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to conduct
the activities of the clearinghouse.

SEC. __04. DUTIES AND RESPONSIBILITIES OF THE DIRECTOR OF THE
CLEARINGHOUSE.

(a) In General.--It shall be the duty of the Director of
the clearinghouse established under section __03--
(1) to develop a filing, coding, and cross-indexing system
to carry out the purposes of this Act (which shall include an
index of all persons identified in the reports,
registrations, and other information comprising the
clearinghouse);
(2) notwithstanding any other provision of law, to make
copies of registrations, reports, and other information
comprising the clearinghouse available for public inspection
and copying, beginning not later than 30 days after the
information is first available to the public, and to permit
copying of any such registration, report, or other
information by hand or by copying machine or, at the request
of any person, to furnish a copy of any such registration,
report, or other information upon payment of the cost of
making and furnishing such copy, except that no information
contained in such registration or report and no such other
information shall be sold or used by any person for the
purpose of soliciting contributions or for any profit-making
purpose;
(3) to compile and summarize, for each calendar quarter,
the information contained in such registrations, reports, and
other information comprising the clearinghouse in a manner
which facilitates the disclosure of political activities,
including, but not limited to, information on--

[[Page H5841]]

(A) political activities pertaining to issues before the
Congress and issues before the executive branch; and
(B) the political activities of individuals, organizations,
foreign principals, and agents of foreign principals who
share an economic, business, or other common interest;
(4) to make the information compiled and summarized under
paragraph (3) available to the public within 30 days after
the close of each calendar quarter, and to publish such
information in the Federal Register at the earliest
practicable opportunity;
(5) not later than 150 days after the date of the enactment
of this Act and at any time thereafter, to prescribe, in
consultation with the Comptroller General, such rules,
regulations, and forms, in conformity with the provisions of
chapter 5 of title 5, United States Code, as are necessary to
carry out the provisions of section __03 and this section in
the most effective and efficient manner; and
(6) at the request of any Member of the Senate or the House
of Representatives, to prepare and submit to such Member a
study or report relating to the political activities of any
person and consisting only of the information in the
registrations, reports, and other information comprising the
clearinghouse.
(b) Definitions.--As used in this section--
(1) the terms ``foreign principal'' and ``agent of a
foreign principal'' have the meanings given those terms in
section 1 of the Foreign Agents Registration Act of 1938, as
amended (22 U.S.C. 611);
(2) the term ``issue before the Congress'' means the total
of all matters, both substantive and procedural, relating
to--
(A) any pending or proposed bill, resolution, report,
nomination, treaty, hearing, investigation, or other similar
matter in either the Senate or the House of Representatives
or any committee or office of the Congress; or
(B) any pending action by a Member, officer, or employee of
the Congress to affect, or attempt to affect, any action or
proposed action by any officer or employee of the executive
branch; and
(3) the term ``issue before the executive branch'' means
the total of all matters, both substantive and procedural,
relating to any pending action by any executive agency, or by
any officer or employee of the executive branch, concerning--
(A) any pending or proposed rule, rule of practice,
adjudication, regulation, determination, hearing,
investigation, contract, grant, license, negotiation, or the
appointment of officers and employees, other than
appointments in the competitive service; or
(B) any issue before the Congress.

SEC. __05. PENALTIES FOR DISCLOSURE.

Any person who discloses information in violation of
section __03(b), and any person who sells or uses information
for the purpose of soliciting contributions or for any
profit-making purpose in violation of section __04(a)(2),
shall be imprisoned for a period of not more than 1 year, or
fined in the amount provided in title 18, United States Code,
or both.

SEC. __06. AMENDMENTS TO THE FOREIGN AGENTS REGISTRATION ACT
OF 1938, AS AMENDED.

(a) Quarterly Reports.--Section 2(b) of the Foreign Agents
Registration Act of 1938, as amended (22 U.S.C. 612(b)), is
amended in the first sentence by striking out ``, within
thirty days'' and all that follows through ``preceding six
months' period'' and inserting in lieu thereof ``on January
31, April 30, July 31, and October 31 of each year, file with
the Attorney General a supplement thereto on a form
prescribed by the Attorney General, which shall set forth
regarding the three-month periods ending the previous
December 31, March 31, June 30, and September 30,
respectively, or if a lesser period, the period since the
initial filing,''.
(b) Exemption for Legal Representation.--Section 3(g) of
the Foreign Agents Registration Act of 1938, as amended (22
U.S.C. 613(g)) is amended by adding at the end the following:
``A person may be exempt under this subsection only upon
filing with the Attorney General a request for such
exemption.''.
(c) Civil Penalties.--Section 8 of the Foreign Agents
Registration Act of 1938, as amended (22 U.S.C. 618), is
amended by adding at the end thereof the following:
``(i)(1) Any person who is determined, after notice and
opportunity for an administrative hearing--
``(A) to have failed to file a registration statement under
section 2(a) or a supplement thereto under section 2(b),
``(B) to have omitted a material fact required to be stated
therein, or
``(C) to have made a false statement with respect to such a
material fact,
shall be required to pay a civil penalty in an amount not
less than $2,000 or more than $5,000 for each violation
committed. In determining the amount of the penalty, the
Attorney General shall give due consideration to the nature
and duration of the violation.
``(2)(A) In conducting investigations and hearings under
paragraph (1), administrative law judges may, if necessary,
compel by subpoena the attendance of witnesses and the
production of evidence at any designated place or hearing.
``(B) In the case of contumacy or refusal to obey a
subpoena lawfully issued under this paragraph and, upon
application by the Attorney General, an appropriate district
court of the United States may issue an order requiring
compliance with such subpoena and any failure to obey such
order may be punished by such court as a contempt thereof.''.
____

(Coverage of voter guides posted on the Internet under voter guide
exception)

Amendment Offered by Mrs. Smith of Washington to the Amendment Offered
by Mr. Shays or Mr. Meehan

(Substitute for H.R. 2183)

In section 301(20)(B) of the Federal Election Campaign Act
of 1971, as added by section 201(a) of the substitute, strike
``a printed communication'' and insert ``a communication
which is in printed form or posted on the Internet and''.
____

(Application of voter guide exception to guides covering 1 candidate)

Amendment Offered by Mrs. Smith of Washington to the Amendment Offered
by Mr. Shays or Mr. Meehan

(Substitute for H.R. 2183)

In section 301(20)(B)(i) of the Federal Election Campaign
Act of 1971, as added by section 201(a) of the substitute,
strike ``2 or more candidates'' and insert ``1 or more
candidates''.
____

(Permitting clearly identified opinions of publisher to appear on
voting guides)

Amendment Offered by Mrs. Smith of Washington to the Amendment Offered
by Mr. Shays or Mr. Meehan

(Substitute for H.R. 2183)

In section 301(20)(B)(i) of the Federal Election Campaign
Act of 1971, as added by section 201(a) of the substitute,
insert before the semicolon the following: ``(other than
information describing the opinion of the person publishing
the communication on the record or position involved, if the
information is clearly identified as describing the opinion
of such person)''.
____

(Clarification that submission and collection of voter guides is not a
coordinated contribution or expenditure)

Amendment Offered by Mrs. Smith of Washington to the Amendment Offered
by Mr. Shays or Mr. Meehan

(Substitute for H.R. 2183)

In section 301(8) of the Federal Election Campaign Act of
1971, as amended by section 205(a)(1)(B) of the substitute,
add at the end the following:
``(F) Nothing in subparagraph (A)(iii) or subparagraph (D)
may be construed to treat the submission by any person of a
communication described in paragraph (20)(B) to a candidate,
a candidate's authorized committee, or an agent acting on
behalf of a candidate or authorized committee, or the
collection by any person of such a communication from a
candidate, a candidate's authorized committee, or an agent
acting on behalf of a candidate or authorized committee as an
item of value provided in coordination with a candidate for
purposes of subparagraph (A)(iii).''.
____

(Clarification that lobbying candidates who hold elective office is not
coordinated campaign activity)

Amendment Offered by Mrs. Smith of Washington to the Amendment Offered
by Mr. Shays or Mr. Meehan

(Substitute for H.R. 2183)

In section 301(8)(C)(v) of the Federal Election Campaign
Act of 1971, as added by section 205(a)(1)(B) of the
substitute, strike ``Federal office,'' and insert the
following: ``Federal office (other than any discussion
consisting of a lobbying contact under the Lobbying
Disclosure Act of 1995 in the case of a candidate holding
Federal office or consisting of similar lobbying activity in
the case of a candidate holding State or local elective
office)''.
____

(Repeal treatment of all shared vendor services as coordinated campaign
activity)

Amendment Offered by Mrs. Smith of Washington to the Amendment Offered
by Mr. Shays or Mr. Meehan

(Substitute for H.R. 2183)

In section 301(8)(C) of the Federal Election Campaign Act
of 1971, as added by section 205(a)(1)(B) of the substitute,
strike clause (vi) and redesignate the succeeding provisions
accordingly.
In section 301(8)(C)(vi) of the Federal Election Campaign
Act of 1971, as added by section 205(a)(1)(B) of the
substitute (and as so redesignated), strike ``clauses (i)
through (vi)'' in clause (vii) and insert ``clauses (i)
through (v)''.
____

(Penalty for violation of foreign contribution ban)

Amendment Offered by Mr. Smith of Michigan To the Amendment Offered by
Mr. Shays or Mr. Meehan

(Substitute for H.R. 2183)

Add at the end of title V the following new section (and
conform the table of contents accordingly):

SEC. 510. PENALTY FOR VIOLATION OF PROHIBITION AGAINST
FOREIGN CONTRIBUTIONS.

[[Page H5842]]

``(b)(1) Except as provided in paragraph (2),
notwithstanding any other provision of this title any person
who violates subsection (a) shall be sentenced to a term of
imprisonment which may not be less than 5 years or more than
20 years, fined in an amount not to exceed $1,000,000, or
both.
``(2) Paragraph (1) shall not apply with respect to any
violation of subsection (a) arising from a contribution or
donation made by an individual who is lawfully admitted for
permanent residence (as defined in section 101(a)(20) of the
Immigration and Nationality Act).''.
(b) Effective Date.--The amendments made by this section
shall apply with respect to violations occurring on or after
the date of the enactment of this Act.
____

(Permitting permanent resident aliens serving in the Armed Forces to
make contributions)

Amendment Offered by Mr. Stearns of Florida To the Amendment Offered by
Mr. Shays or Mr. Meehan

(Substitute for H.R. 2183)

Add at the end of title V the following new section (and
conform the table of contents accordingly):

SEC. 510. PERMITTING PERMANENT RESIDENT ALIENS SERVING IN
ARMED FORCES TO MAKE CONTRIBUTIONS.

Section 319 of the Federal Election Campaign Act of 1971 (2
U.S.C. 441e) is amended by adding at the end the following
new subsection:
``(c) Notwithstanding any other provision of this title, an
individual who is lawfully admitted for permanent residence
(as defined in section 101(a)(20) of the Immigration and
Nationality Act) and who is a member of the Armed Forces
(including a reserve component of the Armed Forces) shall not
be subject to the prohibition under this section.''.
____

(Prohibiting conspiracy to violate presidential campaign spending
limits)

Amendment Offered by Mr. Stearns of Florida To the Amendment Offered by
Mr. Shays or Mr. Meehan

(Substitute for H.R. 2183)

Add at the end of title V the following new section (and
conform the table of contents accordingly):

SEC. 510. CONSPIRACY TO VIOLATE PRESIDENTIAL CAMPAIGN
SPENDING LIMITS.

(a) In General.--Section 9003 of the Internal Revenue Code
of 1986 (26 U.S.C. 9003) is amended by adding at the end the
following new subsection:
``(g) Prohibiting Conspiracy to Violate Limits.--
``(1) Violation of limits described.--If a candidate for
election to the office of President or Vice President who
receives amounts from the Presidential Election Campaign Fund
under chapter 95 or 96 of the Internal Revenue Code of 1986,
or the agent of such a candidate, seeks to avoid the spending
limits applicable to the candidate under such chapter or
under the Federal Election Campaign Act of 1971 by
soliciting, receiving, transferring, or directing funds from
any source other than such Fund for the direct or indirect
benefit of such candidate's campaign, such candidate or agent
shall be fined not more than $1,000,000, or imprisoned for a
term of not more than 3 years, or both.
``(2) Conspiracy to violate limits defined.--If two or more
persons conspire to violate paragraph (1), and one or more of
such persons do any act to effect the object of the
conspiracy, each shall be fined not more than $1,000,000, or
imprisoned for a term of not more than 3 years, or both.''.
(b) Effective Date.--The amendment made by this section
shall apply with respect to elections occurring on or after
the date of the enactment of this Act.
____

(Ban on solicitation of soft money by candidates receiving Federal
presidential campaign funds)

Amendment Offered by Mr. Stearns of Florida To the Amendment Offered by
Mr. Shays or Mr. Meehan

(Substitute for H.R. 2183)

Add at the end of title V the following new section (and
conform the table of contents accordingly):

SEC. 510. ENFORCEMENT OF SPENDING LIMIT ON PRESIDENTIAL AND
VICE PRESIDENTIAL CANDIDATES WHO RECEIVE PUBLIC
FINANCING.

(a) In General.--Section 9003 of the Internal Revenue Code
of 1986 (26 U.S.C. 9003) is amended by adding at the end the
following new subsection:
``(f) Illegal Solicitation of Soft Money.--No candidate for
election to the office of President or Vice President may
receive amounts from the Presidential Election Campaign Fund
under this chapter or chapter 96 unless the candidate
certifies that the candidate shall not solicit any funds for
the purposes of influencing such election, including any
funds used for an independent expenditure under the Federal
Election Campaign Act of 1971, unless the funds are subject
to the limitations, prohibitions, and reporting requirements
of the Federal Election Campaign Act of 1971.''.
(b) Effective Date.--The amendment made by this section
shall apply with respect to elections occurring on or after
the date of the enactment of this Act.
____

(Raise contribution limit for contributions to candidates from $1,000
to $3,000)

Amendment Offered by Mr. Whitfield of Kentucky To the Amendment Offered
by Mr. Shays or Mr. Meehan

(Substitute for H.R. 2183)

Add at the end of title I the following new section (and
conform the table of contents accordingly):

SEC. 104. INCREASE IN CONTRIBUTION LIMIT FOR CONTRIBUTIONS TO
CANDIDATES BY PERSONS OTHER THAN PACS.

Section 315(a)(1)(A) of the Federal Election Campaign Act
of 1971 (2 U.S.C. 441a(a)(1)(A)) is amended by striking
``$1,000'' and inserting ``$3,000''.
____

(Limiting definition of ``express advocacy'' to communications
containing certain words or phrases)

Amendment Offered by Mr. Whitfield of Kentucky To the Amendment Offered
by Mr. Shays or Mr. Meehan

(Substitute for H.R. 2183)

Amend section 301(20)(A) of the Federal Election Campaign
Act of 1971, as added by section 201(b) of the substitute, to
read as follows:
``(A) In general.--The term `express advocacy' means a
communication that advocates the election or defeat of a
candidate by containing a phrase such as `vote for', `re-
elect', `support', `cast your ballot for', `(name of
candidate) for Congress', `(name of candidate) in 1997',
`vote against', `defeat', `reject'.''
____

(Prohibiting bundling of contributions)

Amendment Offered by Mr. English of Pennsylvania To the Amendment
Offered by Mr. Shays or Mr. Meehan

(Substitute for H.R. 2183)

Add at the end of title V the following new section (and
conform the table of contents accordingly):

SEC. 510. PROHIBITING BUNDLING OF CONTRIBUTIONS.

Section 315(a)(8) of the Federal Election Campaign Act of
1971 (2 U.S.C. 441a(a)(8)) is amended to read as follows:
``(8) No person may make a contribution through an
intermediary or conduit, except that a person may facilitate
a contribution by providing--
``(A) advice to another person as to how the other person
may make a contribution; and
``(B) addressed mailing material or similar items to
another person for use by the other person in making a
contribution.''.
____

(Treatment of refunded donations)

Amendment Offered by Mr. Gekas of Pennsylvania To the Amendment Offered
by Mr. Shays or Mr. Meehan

(Substitute for H.R. 2183)

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.

[[Page H5843]]

``(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.
____

Amendment Offered by Mr. Miller of Florida to the Amendment Offered by
Mr. Shays and Mr. Meehan

Page 39, line 3, insert ``(a) In General.--'' before
``Section''.
Page 41, after line 6, insert the following:
(b) Reporting and Disclosure.--
(1) Requirements.--Section 201(b) of the Labor Management
and Disclosure Act of 1959 is amended--
(A) in paragraph (3), by striking ``$10,000'' and inserting
``40,000'';
(B) by redesignating paragraphs (5) and (6) as (7) and (8),
respectively; and
(C) by inserting after paragraph (4), the following:
``(5) a functional allocation that--
``(A) aggregates the amount spent for (i) officer payments,
(ii) employee payments, (iii) fees, fines, and assessments,
(iv) office and administrative expense and direct taxes, (v)
educational and publicity expenses, (vi) professional fees,
benefits, (vii) contributions, gifts and grants, and
``(B) specifies the total amount reported for each category
in subparagraph (A) and the portion of such total expended
for (i) contract negotiations, (ii) organizing, (iii) strike
activities, (iv) political activities, and (v) lobbying and
promotional activities,;''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect on December 31, 2000.
____

(Permitting attorney's fees to be awarded against FEC)

amendment offered by mr. doolittle of california to the amendments
offered by mr. shays

(Substitutes for H.R. 2183)

Add at the end the following new title:

TITLE __PERMITTING COURTS TO REQUIRE FEC TO PAY ATTORNEY'S FEES IN
CERTAIN CASES

SEC. 01. PERMITTING COURTS TO REQUIRE FEDERAL ELECTION
COMMISSION TO PAY ATTORNEY'S FEES AND COSTS TO
CERTAIN PREVAILING PARTIES.

Section 309 of the Federal Election Campaign Act of 1971 (2
U.S.C. 437g) is amended by adding at the end the following
new subsection:
``(e) In any action or proceeding brought by the Commission
against any person which is based on an alleged violation of
this Act or of chapter 95 or 96 of the Internal Revenue Code
of 1986, the court in its discretion may require the
Commission to pay the costs incurred by the person under the
action or proceeding, including a reasonable attorney's fee,
if the court finds that the law, rule, or regulation upon
which the action or proceeding is based is unconstitutional
or that the bringing of the action or proceeding against the
person is unconstitutional.''.

The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.

____________________