[Congressional Record Volume 144, Number 117 (Tuesday, September 8, 1998)]
[Senate]
[Pages S9984-S9992]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

                                 ______
                                 

  DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES APPROPRIATIONS ACT, 
                                  1999

                                 ______
                                 

              JEFFORDS (AND TORRICELLI) AMENDMENT NO. 3541

  Mr. GORTON (for Mr. Jeffords, for himself and Mr. Torricelli) 
proposed an amendment to the bill (S. 2237) making appropriations for 
the Department of the Interior and related agencies for the fiscal year 
ending September 30, 1999, and for other purposes; as follows:

       At the end of Title I, add the following new section:
       ``Sec.   . Up to $10 million of funds available in fiscal 
     year 1998 and 1999 shall be available for matching grants, 
     not covering more than 50 percent of the total cost of any 
     acquisition to be made with such funds, to States and local 
     communities for purposes of acquiring lands or interests in 
     lands to preserve and protect Civil War battlefield sites 
     identified in the July 1993 Report on the Nation's Civil War 
     Battlefields prepared by the Civil War Sites Advisory 
     Commission. Lands or interests in lands acquired pursuant to 
     this section shall be subject to the requirements of 
     paragraph 6(f)(3) of the Land and Water Conservation Fund Act 
     of 1965 (16 U.S.C. 460l-8(f)(3)).''
                                 ______
                                 

                        BOXER AMENDMENT NO. 3542

  (Ordered to lie on the table.)
  Mrs. BOXER submitted an amendment intended to be proposed by her to 
the bill, S. 2337, supra; as follows:

       On page 75, line 13 and 14, strike ``$165,091,000, to 
     remain available until expended as authorized by law'' and 
     insert ``$175,091,000, to remain available until expended, as 
     provided by law, of which $10,000,000 shall be made available 
     to the Centers for Protection Against Natural Disasters from 
     the Emergency Fire Suppression Account to implement a 
     National Integrated Fire Management System development 
     program under which no State cost-sharing requirement shall 
     apply''.
       On page 76, line 10, strike ``$587,885,000'' and insert 
     ``$577,885,000.''.
                                 ______
                                 

                        CRAIG AMENDMENT NO. 3543

  Mr. GORTON (for Mr. Craig) proposed an amendment to the bill, S. 
2337, supra; as follows:

       On page 134, strike lines 21-25, and insert in lieu thereof 
     the following:
       Sec. 333. In the second proviso of section 343 of Public 
     Law 105-83, delete ``1999'' and insert ``2000'' in lieu 
     thereof.
                                 ______
                                 

                  ENZI (AND THOMAS) AMENDMENT NO. 3544

  Mr. GORTON (for Mr. Enzi, for himself and Mr. Thomas) proposed an 
amendment to the bill, S. 2337, supra; as follows:

       On page 74, after line 20, add the following:

     SEC.   . LEASING OF CERTAIN RESERVED MINERAL INTERESTS.

       (a) Application of Mineral Leasing Act.--Notwithstanding 
     section 4 of Public Law 88-608 (78 Stat. 988), the Federal 
     reserved mineral interests in land conveyed under that Act by 
     United States land patents No. 49-71-0059 and No. 49-71-0065 
     shall be subject to the Act of February 25, 1920 (commonly 
     known as the ``Mineral Leasing Act'') (30 U.S.C. 181 et 
     seq.).
       (b) Entry.--
       (1) In general.--A person that acquires a lease under the 
     Act of February 25, 1920 (30 U.S.C. 181 et seq.) for the 
     interests referred to in subsection (a) may exercise the 
     right of entry that is reserved to the United States and 
     persons authorized by the United States in the patents 
     conveying the land described in subsection (a) by occupying 
     so much of the surface the land as may be required for 
     purposes reasonably incident to the exploration for, and 
     extraction and removal of, the leased minerals.
       (2) Condition.--A person that exercises a right of entry 
     under paragraph (1), shall, before commencing occupancy--
       (A) secure the written consent or waiver of the patentee; 
     or
       (B) post a bond or other financial guarantee with the 
     Secretary of the Interior in an amount sufficient to ensure--
       (i) the completion of reclamation pursuant to the 
     requirements of the Secretary under the Act of February 25, 
     1920 (30 U.S.C. 181 et seq.); and
       (ii) the payment to the surface owner for--

       (I) any damage to a crop or tangible improvement of the 
     surface owner that results from activity under the mineral 
     lease; and
       (II) any permanent loss of income to the surface owner due 
     to loss or impairment of grazing use or of other uses of the 
     land by the surface owner at the time of commencement of 
     activity under the mineral lease.

       (c) Effective Date.--In the case of the land conveyed by 
     United States patent No. 49-71-0065, this section takes 
     effect January 1, 1997.
                                 ______
                                 

                    GORTON AMENDMENTS NOS. 3545-3551

  Mr. GORTON proposed seven amendments to the bill, S. 2337, supra; as 
follows:

                           Amendment No. 3545

       On page 134, line 16, insert between the words ``burning'' 
     and ``until'' the following ``on lands classified in the 
     national forest land management plan as timber base''
       On page 134, line 18, insert between the words ``remove'' 
     and ``all'' the following: ``from the proposed burn area,''
       On page 134, line 19, delete the words ``from the proposed 
     burn area.'' and insert the words ``that would otherwise be 
     consumed by fire.''
                                  ____


                           amendment No. 3546

       On page 131, line 12, insert between the words ``a'' and 
     ``system'' the following word: ``ledger''.
       On page 131, line 13, delete the word ``information''.
       On page 131, line 19, insert after the word 
     ``Appropriations'' the following: ``and authorizing 
     committees.''

[[Page S9985]]

     
                                  ____
                           Amendment No. 3547

       On page 145, strike lines 22 and 23, and insert the 
     following in lieu thereof: ``roads constructed by the timber 
     purchaser, caused by variations in quantities, changes or 
     modifications subsequent to the sale of timber made in 
     accordance with applicable timber sale contract provisions, 
     then''.
       And on page 147, line 24 strike the words ``appraised 
     value'' and insert the following in lieu thereof: ``estimated 
     cost''.
       And on page 148, strike lines 15 through 22 and insert the 
     following in lieu thereof:

     ``thereafter) upon the earlier of--
       ``(A) April 1, 1999; or
       ``(B) the date that is the later of--:
       ``(i) the effective date of regulations issued by the 
     Secretary of Agriculture to implement this section; and
       ``(ii) the date on which new timber sale contract 
     provisions designed to implement this section, that have been 
     published for public comment, are approved by the 
     Secretary.''.
       And on page 149, line 3, strike the comma after the word 
     ``date'' and insert the following in lieu thereof: ``shall 
     remain in effect, and''.
                                  ____


                           Amendment No. 3548

       On page 134, line 8, delete Sec. 331, lines 8-14, and 
     insert the following in lieu thereof:
       Sec. 331. The Forest Service shall rescind its decision 
     prohibiting the use of fixed anchors for rock climbing in 
     wilderness areas of any National Forest. No decision to 
     prohibit the use of such anchors in the National Forests 
     shall be implemented until the Forest Service conducts a 
     rulemaking to develop a national policy on the proper 
     management of fixed climbing anchors.
                                  ____


                           Amendment No. 3549

       Beginning on page 41 of the bill, line 21, following 
     ``That'', strike all the language through page 42 line 5 and 
     insert the following: ``notwithstanding any other provision 
     of law, the Secretary shall not be required to provide a 
     quarterly statement of performance for any Indian trust 
     account that has not had activity for at least eighteen 
     months and has a balance of $1.00 or less: Provided further, 
     That the Secretary shall issue an annual account statement 
     and maintain a record of any such accounts and shall permit 
     the balance in each such account to be withdrawn upon the 
     express written request of the accountholder.''
                                  ____


                           Amendment No. 3550

       On page 16, line 13, strike ``the report accompanying this 
     bill:'' and insert in lieu thereof ``Senate Report 105-56:''.
                                  ____


                           Amendment No. 3551

       On page 32 of S. 2237, line 22, strike ``funds.'' and 
     insert the following: ``funds: Provided further, That the 
     sixth proviso under Operation of Indian Programs in Public 
     Law 102-154, for the fiscal year ending September 30, 1992, 
     (105 Stat. 1004), is hereby amended to read as follows: 
     Provided further, That until such time as legislation is 
     enacted to the contrary, no funds shall be used to take land 
     into trust within the boundaries of the original Cherokee 
     territory in Oklahoma without consultation with the Cherokee 
     Nation:''.
                                 ______
                                 

                        REID AMENDMENT NO. 3552

  Mr. GORTON (for Mr. Reid) proposed an amendment to the bill, S. 2237, 
supra; as follows:

       On page 62, strike lines 6 through 13 and insert the 
     following in lieu thereof:
       Bginning on line 5, following the words ``without 
     consideration'' insert: ``, subject to the requirements of 43 
     U.S.C. 869, all right, title and interest of the land subject 
     to all valid existing rights in the public lands located 
     south and west of Highway 160 within Sections 32 and 33, T. 
     20 S., R. 54 E., Mount Diablo Meridian.''
                                 ______
                                 

                       GORTON AMENDMENT NO. 3553

  Mr. GORTON proposed an amendment to the bill, S. 2237, supra; As 
follows:

       Strike line 25 on page 88 and lines 1 through 4 of page 89. 
     Insert the following in lieu thereof:
       ``House of Representatives and Senate;
       ``(1) Proposed definitions for use with the fiscal year 
     2000 budget for overhead, national commitments, indirect 
     expenses, and any other category for use of funds which are 
     expended at any units that are not directly related to the 
     accomplishment of specific work on the ground;
       ``(2) A recommendation of the amount of funds, in 
     accordance with definitions under (1), which are appropriate 
     to be charged to the Reforestation, Knutson-Vandenberg, Brush 
     Disposal, Cooperative Work-Other, and the Salvage Sale funds; 
     and
       ``(3) A plan to incrementally adjust expenditures under (2) 
     to this recommended level no later than September 30, 2001:

     Provided further, That the Forest Service''.
       On page 89, strike line 18 and insert the following in lieu 
     thereof: ``budget allocation. Changes to funding levels, for 
     appropriated funds, permanent funds and trust funds, and''.
                                 ______
                                 

                 McCAIN (AND OTHERS) AMENDMENT NO. 3554

  Mr. McCAIN (for himself, Mr. Feingold, Mr. Thompson, Mrs. Snowe, Ms. 
Collins, and Mr. Jeffords) proposed an amendment to the bill, S. 2237, 
supra; as follows:

     At the appropriate place, insert the following:
                  TITLE ____--CAMPAIGN FINANCE REFORM

     SEC. ____01. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This title may be cited as the 
     ``Bipartisan Campaign Reform Act of 1997''.
       (b) Table of Contents.--The table of contents of this title 
     is as follows:

                  TITLE ____--CAMPAIGN FINANCE REFORM

Sec. ____01. Short title; table of contents.

          Subtitle A--Reduction of Special Interest Influence

Sec. ____101. Soft money of political parties.
Sec. ____102. Increased contribution limits for State committees of 
              political parties and aggregate contribution limit for 
              individuals.
Sec. ____103. Reporting requirements.

          Subtitle B--Independent and Coordinated Expenditures

                 PART I--Electioneering Communications

Sec. ____200. Disclosure of electioneering communications.
Sec. ____200A. Coordinated communications as contributions.
Sec. ____200B. Prohibition of corporate and labor disbursements for 
              electioneering communications.

           PART II--Independent And Coordinated Expenditures

Sec. ____201. Definition of independent expenditure.
Sec. ____202. Civil penalty.
Sec. ____203. Reporting requirements for certain independent 
              expenditures.
Sec. ____204. Independent versus coordinated expenditures by party.
Sec. ____205. Coordination with candidates.

                         Subtitle C--Disclosure

Sec. ____301. Filing of reports using computers and facsimile machines; 
              filing by Senate candidates with Commission.
Sec. ____302. Prohibition of deposit of contributions with incomplete 
              contributor information.
Sec. ____303. Audits.
Sec. ____304. Reporting requirements for contributions of $50 or more.
Sec. ____305. Use of candidates' names.
Sec. ____306. Prohibition of false representation to solicit 
              contributions.
Sec. ____307. Soft money of persons other than political parties.
Sec. ____308. Campaign advertising.

                   Subtitle D--Personal Wealth Option

Sec. ____401. Voluntary personal funds expenditure limit.
Sec. ____402. Political party committee coordinated expenditures.

                       Subtitle E--Miscellaneous

Sec. ____501. Codification of Beck decision.
Sec. ____502. Use of contributed amounts for certain purposes.
Sec. ____503. Limit on congressional use of the franking privilege.
Sec. ____504. Prohibition of fundraising on Federal property.
Sec. ____505. Penalties for knowing and willful violations.
Sec. ____506. Strengthening foreign money ban.
Sec. ____507. Prohibition of contributions by minors.
Sec. ____508. Expedited procedures.
Sec. ____509. Initiation of enforcement proceeding.

     Subtitle F--Severability; Constitutionality; Effective Date; 
                              Regulations

Sec. ____601. Severability.
Sec. ____602. Review of constitutional issues.
Sec. ____603. Effective date.
Sec. ____604. Regulations.
          Subtitle A--Reduction of Special Interest Influence

     SEC. ____101. SOFT MONEY OF POLITICAL PARTIES.

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

     ``SEC. 324. SOFT MONEY OF POLITICAL PARTIES.

       ``(a) National Committees.--
       ``(1) In general.--A national committee of a political 
     party (including a national congressional campaign committee 
     of a political party) and any officers or agents of such 
     party committees, shall not solicit, receive, or direct to 
     another person a contribution, donation, or transfer of 
     funds, or spend any funds, that are not subject to the 
     limitations, prohibitions, and reporting requirements of this 
     Act.
       ``(2) Applicability.--This subsection shall apply to an 
     entity that is directly or indirectly established, financed, 
     maintained, or controlled by a national committee of a 
     political party (including a national congressional campaign 
     committee of a political party), or an entity acting on 
     behalf of a national committee, and an officer or agent 
     acting on behalf of any such committee or entity.
       ``(b) State, District, and Local Committees.--
       ``(1) In general.--An amount that is expended or disbursed 
     by a State, district, or local committee of a political party 
     (including an entity that is directly or indirectly

[[Page S9986]]

     established, financed, maintained, or controlled by a State, 
     district, or local committee of a political party and an 
     officer or agent acting on behalf of such committee or 
     entity) for Federal election activity shall be made from 
     funds subject to the limitations, prohibitions, and reporting 
     requirements of this Act.
       ``(2) Federal election activity.--
       ``(A) In general.--The term `Federal election activity' 
     means--
       ``(i) voter registration activity during the period that 
     begins on the date that is 120 days before the date a 
     regularly scheduled Federal election is held and ends on the 
     date of the election;
       ``(ii) voter identification, get-out-the-vote activity, or 
     generic campaign activity conducted in connection with an 
     election in which a candidate for Federal office appears on 
     the ballot (regardless of whether a candidate for State or 
     local office also appears on the ballot); and
       ``(iii) a communication that refers to a clearly identified 
     candidate for Federal office (regardless of whether a 
     candidate for State or local office is also mentioned or 
     identified) and is made for the purpose of influencing a 
     Federal election (regardless of whether the communication is 
     express advocacy).
       ``(B) Excluded activity.--The term `Federal election 
     activity' does not include an amount expended or disbursed by 
     a State, district, or local committee of a political party 
     for--
       ``(i) campaign activity conducted solely on behalf of a 
     clearly identified candidate for State or local office, 
     provided the campaign activity is not a Federal election 
     activity described in subparagraph (A);
       ``(ii) a contribution to a candidate for State or local 
     office, provided the contribution is not designated or used 
     to pay for a Federal election activity described in 
     subparagraph (A);
       ``(iii) the costs of a State, district, or local political 
     convention;
       ``(iv) the costs of grassroots campaign materials, 
     including buttons, bumper stickers, and yard signs, that name 
     or depict only a candidate for State or local office;
       ``(v) the non-Federal share of a State, district, or local 
     party committee's administrative and overhead expenses (but 
     not including the compensation in any month of an individual 
     who spends more than 20 percent of the individual's time on 
     Federal election activity) as determined by a regulation 
     promulgated by the Commission to determine the non-Federal 
     share of a State, district, or local party committee's 
     administrative and overhead expenses; and
       ``(vi) the cost of constructing or purchasing an office 
     facility or equipment for a State, district or local 
     committee.
       ``(c) Fundraising Costs.--An amount spent by a national, 
     State, district, or local committee of a political party, by 
     an entity that is established, financed, maintained, or 
     controlled by a national, State, district, or local committee 
     of a political party, or by an agent or officer of any such 
     committee or entity, to raise funds that are used, in whole 
     or in part, to pay the costs of a Federal election activity 
     shall be made from funds subject to the limitations, 
     prohibitions, and reporting requirements of this Act.
       ``(d) Tax-exempt Organizations.--A national, State, 
     district, or local committee of a political party (including 
     a national congressional campaign committee of a political 
     party, an entity that is directly or indirectly established, 
     financed, maintained, or controlled by any such national, 
     State, district, or local committee or its agent, an agent 
     acting on behalf of any such party committee, and an officer 
     or agent acting on behalf of any such party committee or 
     entity), shall not solicit any funds for, or make or direct 
     any donations to, an organization that is described in 
     section 501(c) of the Internal Revenue Code of 1986 and 
     exempt from taxation under section 501(a) of such Code (or 
     has submitted an application to the Secretary of the Internal 
     Revenue Service for determination of tax-exemption under such 
     section).
       ``(e) Candidates.--
       ``(1) In general.--A candidate, individual holding Federal 
     office, or agent of a candidate or individual holding Federal 
     office shall not solicit, receive, direct, transfer, or spend 
     funds for a Federal election activity on behalf of such 
     candidate, individual, agent or any other person, unless the 
     funds are subject to the limitations, prohibitions, and 
     reporting requirements of this Act.
       ``(A) State law.--Paragraph (1) does not apply to the 
     solicitation or receipt of funds by an individual who is a 
     candidate for a State or local office if the solicitation or 
     receipt of funds is permitted under State law for any 
     activity other than a Federal election activity.
       ``(B) Fundraising events.--Paragraph (1) does not apply in 
     the case of a candidate who attends, speaks, or is a featured 
     guest at a fundraising event sponsored by a State, district, 
     or local committee of a political party.''.

     SEC. ____102. INCREASED CONTRIBUTION LIMITS FOR STATE 
                   COMMITTEES OF POLITICAL PARTIES AND AGGREGATE 
                   CONTRIBUTION LIMIT FOR INDIVIDUALS.

       (a) Contribution Limit for State Committees of Political 
     Parties.--Section 315(a)(1) of the Federal Election Campaign 
     Act of 1971 (2 U.S.C. 441a(a)(1)) is amended--
       (1) in subparagraph (B), by striking ``or'' at the end;
       (2) in subparagraph (C)--
       (A) by inserting ``(other than a committee described in 
     subparagraph (D))'' after ``committee''; and
       (B) by striking the period at the end and inserting ``; 
     or''; and
       (3) by adding at the end the following:
       ``(D) to a political committee established and maintained 
     by a State committee of a political party in any calendar 
     year that, in the aggregate, exceed $10,000''.
       (b) Aggregate Contribution Limit for Individual.--Section 
     315(a)(3) of the Federal Election Campaign Act of 1971 (2 
     U.S.C. 441a(a)(3)) is amended by striking ``$25,000'' and 
     inserting ``$30,000''.

     SEC. ____103. REPORTING REQUIREMENTS.

       (a) Reporting Requirements.--Section 304 of the Federal 
     Election Campaign Act of 1971 (2 U.S.C. 434) (as amended by 
     section ____203) is amended by adding at the end the 
     following:
       ``(e) Political Committees.--
       ``(1) National and congressional political committees.--The 
     national committee of a political party, any national 
     congressional campaign committee of a political party, and 
     any subordinate committee of either, shall report all 
     receipts and disbursements during the reporting period.
       ``(2) Other political committees to which section 324 
     applies.--A political committee (not described in paragraph 
     (1)) to which section 324(b)(1) applies shall report all 
     receipts and disbursements made for activities described in 
     paragraphs (2) and (3)(A)(v) of section 324(b).
       ``(3) Itemization.--If a political committee has receipts 
     or disbursements to which this subsection applies from any 
     person aggregating in excess of $200 for any calendar year, 
     the political committee shall separately itemize its 
     reporting for such person in the same manner as required in 
     paragraphs (3)(A), (5), and (6) of subsection (b).
       ``(4) Reporting periods.--Reports required to be filed 
     under this subsection shall be filed for the same time 
     periods required for political committees under subsection 
     (a).''.
       (b) Building Fund Exception to the Definition of 
     Contribution.--Section 301(8)(B) of the Federal Election 
     Campaign Act of 1971 (2 U.S.C. 431(8)(B)) is amended--
       (1) by striking clause (viii); and
       (2) by redesignating clauses (ix) through (xiv) as clauses 
     (viii) through (xiii), respectively.
          Subtitle B--Independent and Coordinated Expenditures

                 PART I--ELECTIONEERING COMMUNICATIONS

     SEC. ____200. DISCLOSURE OF ELECTIONEERING COMMUNICATIONS.

       Section 304 of the Federal Election Campaign Act of 1971 (2 
     U.S.C. 434) is amended by adding at the end the following new 
     subsection:
       ``(d) Additional Statements on Electioneering 
     Communications.--
       ``(1) Statement required.--Every person who makes a 
     disbursement for electioneering communications in an 
     aggregate amount in excess of $10,000 during any calendar 
     year shall, within 24 hours of each disclosure date, file 
     with the Commission a statement containing the information 
     described in paragraph (2).
       ``(2) Contents of statement.--Each statement required to be 
     filed under this subsection shall be made under penalty of 
     perjury and shall contain the following information:
       ``(A) The identification of the person making the 
     disbursement, of any entity sharing or exercising direction 
     or control over the activities of such person, and of the 
     custodian of the books and accounts of the person making the 
     disbursement.
       ``(B) The State of incorporation and the principal place of 
     business of the person making the disbursement.
       ``(C) The amount of each disbursement during the period 
     covered by the statement and the identification of the person 
     to whom the disbursement was made.
       ``(D) The elections to which the electioneering 
     communications pertain and the names (if known) of the 
     candidates identified or to be identified.
       ``(E) If the disbursements were paid out of a segregated 
     account to which only individuals could contribute, the names 
     and addresses of all contributors who contributed an 
     aggregate amount of $500 or more to that account during the 
     period beginning on the first day of the preceding calendar 
     year and ending on the disclosure date.
       ``(F) If the disbursements were paid out of funds not 
     described in subparagraph (E), the names and addresses of all 
     contributors who contributed an aggregate amount of $500 or 
     more to the organization or any related entity during the 
     period beginning on the first day of the preceding calendar 
     year and ending on the disclosure date.
       ``(G) Whether or not any electioneering communication is 
     made in coordination, cooperation, consultation, or concert 
     with, or at the request or suggestion of, any candidate or 
     any authorized committee, any political party or committee, 
     or any agent of the candidate, political party, or committee 
     and if so, the identification of any candidate, party, 
     committee, or agent involved.
       ``(3) Electioneering communication.--For purposes of this 
     subsection--
       ``(A) In general.--The term `electioneering communication' 
     means any broadcast from a television or radio broadcast 
     station which--
       ``(i) refers to a clearly identified candidate for Federal 
     office;
       ``(ii) is made (or scheduled to be made) within--

[[Page S9987]]

       ``(I) 60 days before a general, special, or runoff election 
     for such Federal office, or
       ``(II) 30 days before a primary or preference election, or 
     a convention or caucus of a political party that has 
     authority to nominate a candidate, for such Federal office, 
     and

       ``(iii) is broadcast from a television or radio broadcast 
     station whose audience includes the electorate for such 
     election, convention, or caucus.
       ``(B) Exceptions.--Such term shall not include--
       ``(i) communications appearing in a news story, commentary, 
     or editorial distributed through the facilities of any 
     broadcasting station, unless such facilities are owned or 
     controlled by any political party, political committee, or 
     candidate, or
       ``(ii) communications which constitute expenditures or 
     independent expenditures under this Act.
       ``(4) Disclosure date.--For purposes of this subsection, 
     the term `disclosure date' means--
       ``(A) the first date during any calendar year by which a 
     person has made disbursements for electioneering 
     communications aggregating in excess of $10,000, and
       ``(B) any other date during such calendar year by which a 
     person has made disbursements for electioneering 
     communications aggregating in excess of $10,000 since the 
     most recent disclosure date for such calendar year.
       ``(5) Contracts to disburse.--For purposes of this 
     subsection, a person shall be treated as having made a 
     disbursement if the person has contracted to make the 
     disbursement.
       ``(6) Coordination with other requirements.--Any 
     requirement to report under this subsection shall be in 
     addition to any other reporting requirement under this Act.''

     SEC. ____200A. COORDINATED COMMUNICATIONS AS CONTRIBUTIONS.

       Section 315(a)(7)(B) of the Federal Election Campaign Act 
     of 1971 (2 U.S.C. 441a(a)(7)(B)) is amended by inserting 
     after clause (ii) the following new clause:
       ``(iii) if--

       ``(I) any person makes, or contracts to make, any payment 
     for any electioneering communication (within the meaning of 
     section 304(d)(3)), and
       ``(II) such payment is coordinated with a candidate for 
     Federal office or an authorized committee of such candidate, 
     a Federal, State, or local political party or committee 
     thereof, or an agent or official of any such candidate, 
     party, or committee,

     such payment or contracting shall be treated as a 
     contribution to such candidate and as an expenditure by such 
     candidate; and''.

     SEC. ____200B. PROHIBITION OF CORPORATE AND LABOR 
                   DISBURSEMENTS FOR ELECTIONEERING 
                   COMMUNICATIONS.

       (a) In General.--Section 316(b)(2) of the Federal Election 
     Campaign Act of 1971 (2 U.S.C. 441b(b)(2)) is amended by 
     inserting ``or for any applicable electioneering 
     communication'' before ``, but shall not include''.
       (b) Applicable Electioneering Communication.--Section 316 
     of such Act is amended by adding at the end the following new 
     subsection:
       ``(c) Rules Relating to Electioneering Communications.--
       ``(1) Applicable electioneering communication.--For 
     purposes of this section, the term `applicable electioneering 
     communication' means an electioneering communication (within 
     the meaning of section 304(d)(3)) which is made by--
       ``(A) any entity to which subsection (a) applies other than 
     a section 501(c)(4) organization, or
       ``(B) a section 501(c)(4) organization from amounts derived 
     from the conduct of a trade or business or from an entity 
     described in subparagraph (A).
       ``(2) Special operating rules.--For purposes of paragraph 
     (1), the following rules shall apply:
       ``(A) An electioneering communication shall be treated as 
     made by an entity described in paragraph (1)(A) if--
       ``(i) the entity described in paragraph (1)(A) directly or 
     indirectly disburses any amount for any of the costs of the 
     communication; or
       ``(ii) any amount is disbursed for the communication by a 
     corporation or organization or a State or local political 
     party or committee thereof that receives anything of value 
     from the entity described in paragraph (1)(A), except that 
     this clause shall not apply to any communication the costs of 
     which are defrayed entirely out of a segregated account to 
     which only individuals can contribute.
       ``(B) A section 501(c)(4) organization that derives amounts 
     from business activities or from any entity described in 
     paragraph (1)(A) shall be considered to have paid for any 
     communication out of such amounts unless such organization 
     paid for the communication out of a segregated account to 
     which only individuals can contribute.
       ``(3) Definitions and rules.--For purposes of this 
     subsection--
       ``(A) the term `section 501(c)(4) organization' means--
       ``(i) an organization described in section 501(c)(4) of the 
     Internal Revenue Code of 1986 and exempt from taxation under 
     section 501(a) of such Code; or
       ``(ii) an organization which has submitted an application 
     to the Internal Revenue Service for determination of its 
     status as an organization described in clause (i); and
       ``(B) a person shall be treated as having made a 
     disbursement if the person has contracted to make the 
     disbursement.
       ``(4) Coordination with internal revenue code.--Nothing in 
     this subsection shall be construed to authorize an 
     organization exempt from taxation under section 501(a) of the 
     Internal Revenue Code of 1986 from carrying out any activity 
     which is prohibited under such Code.''

           PART II--INDEPENDENT AND COORDINATED EXPENDITURES

     SEC. ____201. DEFINITION OF INDEPENDENT EXPENDITURE.

       Section 301 of the Federal Election Campaign Act (2 U.S.C. 
     431) is amended by striking paragraph (17) and inserting the 
     following:
       ``(17) Independent expenditure.--The term `independent 
     expenditure' means an expenditure by a person--
       ``(A) expressly advocating the election or defeat of a 
     clearly identified candidate; and
       ``(B) that is not provided in coordination with a candidate 
     or a candidate's agent or a person who is coordinating with a 
     candidate or a candidate's agent.''

     SEC. ____202. CIVIL PENALTY.

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

     SEC. ____203. REPORTING REQUIREMENTS FOR CERTAIN INDEPENDENT 
                   EXPENDITURES.

       Section 304(c) of the Federal Election Campaign Act of 1971 
     (2 U.S.C. 434(c)) is amended--
       (1) in paragraph (2), by striking the undesignated matter 
     after subparagraph (C);
       (2) by redesignating paragraph (3) as paragraph (7); and
       (3) by inserting after paragraph (2) (as amended by 
     paragraph (1)) the following:
       ``(d) Time for Reporting Certain Expenditures.--
       ``(1) Expenditures aggregating $1,000.--
       ``(A) Initial report.--A person (including a political 
     committee) that makes or contracts to make independent 
     expenditures aggregating $1,000 or more after the 20th day, 
     but more than 24 hours, before the date of an election shall 
     file a report describing the expenditures within 24 hours 
     after that amount of independent expenditures has been made.
       ``(B) Additional reports.--After a person files a report 
     under subparagraph (A), the person shall file an additional 
     report within 24 hours after each time the person makes or 
     contracts to make independent expenditures aggregating an 
     additional $1,000 with respect to the same election as that 
     to which the initial report relates.
       ``(2) Expenditures aggregating $10,000.--
       ``(A) Initial report.--A person (including a political 
     committee) that makes or contracts to make independent 
     expenditures aggregating $10,000 or more at any time up to 
     and including the 20th day before the date of an election 
     shall file a report describing the expenditures within 48 
     hours after that amount of independent expenditures has been 
     made.
       ``(B) Additional reports.--After a person files a report 
     under subparagraph (A), the person shall file an additional 
     report within 48 hours after each time the person makes or 
     contracts to make independent expenditures aggregating an 
     additional $10,000 with respect to the same election as that 
     to which the initial report relates.
       ``(3) Place of filing; contents.--A report under this 
     subsection--
       ``(A) shall be filed with the Commission; and
       ``(B) shall contain the information required by subsection 
     (b)(6)(B)(iii), including the name of each candidate whom an 
     expenditure is intended to support or oppose.''.

     SEC. ____204. INDEPENDENT VERSUS COORDINATED EXPENDITURES BY 
                   PARTY.

       Section 315(d) of the Federal Election Campaign Act (2 
     U.S.C. 441a(d)) is amended--
       (1) in paragraph (1), by striking ``and (3)'' and inserting 
     ``, (3), and (4)''; and
       (2) by adding at the end the following:
       ``(4) Independent versus coordinated expenditures by 
     party.--
       ``(A) In general.--On or after the date on which a 
     political party nominates a candidate, a committee of the 
     political party shall not make both expenditures under this 
     subsection and independent expenditures (as defined in 
     section 301(17)) with respect to the candidate during the 
     election cycle.
       ``(B) Certification.--Before making a coordinated 
     expenditure under this subsection with respect to a 
     candidate, a committee of a political party shall file with 
     the Commission a certification, signed by the treasurer

[[Page S9988]]

     of the committee, that the committee has not and shall not 
     make any independent expenditure with respect to the 
     candidate during the same election cycle.
       ``(C) Application.--For the purposes of this paragraph, all 
     political committees established and maintained by a national 
     political party (including all congressional campaign 
     committees) and all political committees established and 
     maintained by a State political party (including any 
     subordinate committee of a State committee) shall be 
     considered to be a single political committee.
       ``(D) Transfers.--A committee of a political party that 
     submits a certification under subparagraph (B) with respect 
     to a candidate shall not, during an election cycle, transfer 
     any funds to, assign authority to make coordinated 
     expenditures under this subsection to, or receive a transfer 
     of funds from, a committee of the political party that has 
     made or intends to make an independent expenditure with 
     respect to the candidate.''.

     SEC. ____205. COORDINATION WITH CANDIDATES.

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

     SEC. ____301. FILING OF REPORTS USING COMPUTERS AND FACSIMILE 
                   MACHINES; FILING BY SENATE CANDIDATES WITH 
                   COMMISSION.

       (a) Use of Computer and Facsimile Machine.--Section 302(a) 
     of the Federal Election Campaign Act of 1971 (2 U.S.C. 
     434(a)) is amended by striking paragraph (11) and inserting 
     the following:
       ``(11)(A) The Commission shall promulgate a regulation 
     under which a person required to file a designation, 
     statement, or report under this Act--
       ``(i) is required to maintain and file a designation, 
     statement, or report for any calendar year in electronic form 
     accessible by computers if the person has, or has reason to 
     expect to have, aggregate contributions or expenditures in 
     excess of a threshold amount determined by the Commission; 
     and
       ``(ii) may maintain and file a designation, statement, or 
     report in electronic form or an alternative form, including 
     the use of a facsimile machine, if not required to do so 
     under the regulation promulgated under clause (i).
       ``(B) The Commission shall make a designation, statement, 
     report, or notification that is filed electronically with the 
     Commission accessible to the public on the Internet not later 
     than 24 hours after the designation, statement, report, or 
     notification is received by the Commission.
       ``(C) In promulgating a regulation under this paragraph, 
     the Commission shall provide methods (other than requiring a 
     signature on the document being filed) for verifying 
     designations, statements, and reports covered by the 
     regulation. Any document verified under any of the methods 
     shall be treated for all purposes (including penalties for 
     perjury) in the same manner as a document verified by 
     signature.''.
       (b) Senate Candidates File With Commission.--Title III of 
     the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et 
     seq.) is amended--
       (1) in section 302, by striking subsection (g) and 
     inserting the following:
       ``(g) Filing With the Commission.--All designations, 
     statements, and reports required to be filed under this Act 
     shall be filed with the Commission.''; and
       (2) in section 304--
       (A) in subsection (a)(6)(A), by striking ``the Secretary 
     or''; and
       (B) in the matter following subsection (c)(2), by striking 
     ``the Secretary or''.

     SEC. ____302. PROHIBITION OF DEPOSIT OF CONTRIBUTIONS WITH 
                   INCOMPLETE CONTRIBUTOR INFORMATION.

       Section 302 of Federal Election Campaign Act of 1971 (2 
     U.S.C. 432) is amended by adding at the end the following:
       ``(j) Deposit of Contributions.--The treasurer of a 
     candidate's authorized committee shall not deposit, except in 
     an escrow account, or otherwise negotiate a contribution from 
     a person who makes an aggregate amount of contributions in 
     excess of $200 during a calendar year unless the treasurer 
     verifies that the information required by this section with 
     respect to the contributor is complete.''.

     SEC. ____303. AUDITS.

       (a) Random Audits.--Section 311(b) of the Federal Election 
     Campaign Act of 1971 (2 U.S.C. 438(b)) is amended--
       (1) by inserting ``(1) In general.--'' before ``The 
     Commission''; and
       (2) by adding at the end the following:
       ``(2) Random audits.--
       ``(A) In general.--Notwithstanding paragraph (1), the 
     Commission may conduct random audits and investigations to 
     ensure voluntary compliance with this Act. The selection of 
     any candidate for a random audit or investigation shall be 
     based on criteria adopted by a vote of at least 4 members of 
     the Commission.
       ``(B) Limitation.--The Commission shall not conduct an 
     audit or investigation of a candidate's authorized committee 
     under subparagraph (A) until the candidate is no longer a 
     candidate for the office sought by the candidate in an 
     election cycle.
       ``(C) Applicability.--This paragraph does not apply to an 
     authorized committee of a candidate for President or Vice 
     President subject to audit under section 9007 or 9038 of the 
     Internal Revenue Code of 1986.''.
       (b) Extension of Period During Which Campaign Audits May Be 
     Begun.--Section 311(b) of the Federal Election Campaign Act 
     of 1971 (2 U.S.C. 438(b)) is amended by striking ``6 months'' 
     and inserting ``12 months''.

[[Page S9989]]

     SEC. ____304. REPORTING REQUIREMENTS FOR CONTRIBUTIONS OF $50 
                   OR MORE.

       Section 304(b)(3)(A) of the Federal Election Campaign Act 
     at 1971 (2 U.S.C. 434(b)(3)(A) is amended--
       (1) by striking ``$200'' and inserting ``$50''; and
       (2) by striking the semicolon and inserting ``, except that 
     in the case of a person who makes contributions aggregating 
     at least $50 but not more than $200 during the calendar year, 
     the identification need include only the name and address of 
     the person;''.

     SEC. ____305. USE OF CANDIDATES' NAMES.

       Section 302(e) of the Federal Election Campaign Act of 1971 
     (2 U.S.C. 432(e)) is amended by striking paragraph (4) and 
     inserting the following:
       ``(4)(A) The name of each authorized committee shall 
     include the name of the candidate who authorized the 
     committee under paragraph (1).
       ``(B) A political committee that is not an authorized 
     committee shall not--
       ``(i) include the name of any candidate in its name; or
       ``(ii) except in the case of a national, State, or local 
     party committee, use the name of any candidate in any 
     activity on behalf of the committee in such a context as to 
     suggest that the committee is an authorized committee of the 
     candidate or that the use of the candidate's name has been 
     authorized by the candidate.''.

     SEC. ____306. PROHIBITION OF FALSE REPRESENTATION TO SOLICIT 
                   CONTRIBUTIONS.

       Section 322 of the Federal Election Campaign Act of 1971 (2 
     U.S.C. 441h) is amended--
       (1) by inserting after ``Sec. 322.'' the following: ``(a) 
     In General.--''; and
       (2) by adding at the end the following:
       ``(b) Solicitation of Contributions.--No person shall 
     solicit contributions by falsely representing himself or 
     herself as a candidate or as a representative of a candidate, 
     a political committee, or a political party.''.

     SEC. ____307. SOFT MONEY OF PERSONS OTHER THAN POLITICAL 
                   PARTIES.

       (a) In General.--Section 304 of the Federal Election 
     Campaign Act of 1971 (2 U.S.C. 434) (as amended by section 
     ____103(c)) is amended by adding at the end the following:
       ``(g) Disbursements of Persons Other Than Political 
     Parties.--
       ``(1) In general.--A person, other than a political 
     committee or a person described in section 501(d) of the 
     Internal Revenue Code of 1986, that makes an aggregate amount 
     of disbursements in excess of $50,000 during a calendar year 
     for activities described in paragraph (2) shall file a 
     statement with the Commission--
       ``(A) on a monthly basis as described in subsection 
     (a)(4)(B); or
       ``(B) in the case of disbursements that are made within 20 
     days of an election, within 24 hours after the disbursements 
     are made.
       ``(2) Activity.--The activity described in this paragraph 
     is--
       ``(A) Federal election activity;
       ``(B) an activity described in section 316(b)(2)(A) that 
     expresses support for or opposition to a candidate for 
     Federal office or a political party; and
       ``(C) an activity described in subparagraph (C) of section 
     316(b)(2).
       ``(3) Applicability.--This subsection does not apply to--
       ``(A) a candidate or a candidate's authorized committees; 
     or
       ``(B) an independent expenditure.
       ``(4) Contents.--A statement under this section shall 
     contain such information about the disbursements made during 
     the reporting period as the Commission shall prescribe, 
     including--
       ``(A) the aggregate amount of disbursements made;
       ``(B) the name and address of the person or entity to whom 
     a disbursement is made in an aggregate amount in excess of 
     $200;
       ``(C) the date made, amount, and purpose of the 
     disbursement; and
       ``(D) if applicable, whether the disbursement was in 
     support of, or in opposition to, a candidate or a political 
     party, and the name of the candidate or the political 
     party.''.
       (b) Definition of Generic Campaign Activity.--Section 301 
     of the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et 
     seq.) (as amended by section ____201(b)) is amended by adding 
     at the end the following:
       ``(21) Generic campaign activity.--The term `generic 
     campaign activity' means an activity that promotes a 
     political party and does not promote a candidate or non-
     Federal candidate.''.

     SEC. ____308. CAMPAIGN ADVERTISING.

       Section 318 of the Federal Election Campaign Act of 1971 (2 
     U.S.C. 441d) is amended--
       (1) in subsection (a)--
       (A) in the matter preceding paragraph (1)--
       (i) by striking ``Whenever'' and inserting ``Whenever a 
     political committee makes a disbursement for the purpose of 
     financing any communication through any broadcasting station, 
     newspaper, magazine, outdoor advertising facility, mailing, 
     or any other type of general public political advertising, or 
     whenever'';
       (ii) by striking ``an expenditure'' and inserting ``a 
     disbursement''; and
       (iii) by striking ``direct''; and
       (B) in paragraph (3), by inserting ``and permanent street 
     address'' after ``name''; and
       (2) by adding at the end the following:
       ``(c) Any printed communication described in subsection (a) 
     shall--
       ``(1) be of sufficient type size to be clearly readable by 
     the recipient of the communication;
       ``(2) be contained in a printed box set apart from the 
     other contents of the communication; and
       ``(3) be printed with a reasonable degree of color contrast 
     between the background and the printed statement.
       ``(d)(1) Any broadcast or cablecast communication described 
     in paragraphs (1) or (2) of subsection (a) shall include, in 
     addition to the requirements of that paragraph, an audio 
     statement by the candidate that identifies the candidate and 
     states that the candidate has approved the communication.
       ``(2) If a broadcast or cablecast communication described 
     in paragraph (1) is broadcast or cablecast by means of 
     television, the communication shall include, in addition to 
     the audio statement under paragraph (1), a written statement 
     that--
       ``(A) appears at the end of the communication in a clearly 
     readable manner with a reasonable degree of color contrast 
     between the background and the printed statement, for a 
     period of at least 4 seconds; and
       ``(B) is accompanied by a clearly identifiable photographic 
     or similar image of the candidate.
       ``(e) Any broadcast or cablecast communication described in 
     paragraph (3) of subsection (a) shall include, in addition to 
     the requirements of that paragraph, in a clearly spoken 
     manner, the following statement: `________________ is 
     responsible for the content of this advertisement.' (with the 
     blank to be filled in with the name of the political 
     committee or other person paying for the communication and 
     the name of any connected organization of the payor). If 
     broadcast or cablecast by means of television, the statement 
     shall also appear in a clearly readable manner with a 
     reasonable degree of color contrast between the background 
     and the printed statement, for a period of at least 4 
     seconds.''.
                   Subtitle D--Personal Wealth Option

     SEC. ____401. VOLUNTARY PERSONAL FUNDS EXPENDITURE LIMIT.

       Title III of the Federal Election Campaign Act of 1971 (2 
     U.S.C. 431 et seq.) (as amended by section ____101) is 
     amended by adding at the end the following:

     ``SEC. 325. VOLUNTARY PERSONAL FUNDS EXPENDITURE LIMIT.

       ``(a) Eligible Senate Candidate.--
       ``(1) Primary election.--
       ``(A) Declaration.--A candidate is an eligible primary 
     election Senate candidate if the candidate files with the 
     Commission a declaration that the candidate and the 
     candidate's authorized committees will not make expenditures 
     in excess of the personal funds expenditure limit.
       ``(B) Time to file.--The declaration under subparagraph (A) 
     shall be filed not later than the date on which the candidate 
     files with the appropriate State officer as a candidate for 
     the primary election.
       ``(2) General election.--
       ``(A) Declaration.--A candidate is an eligible general 
     election Senate candidate if the candidate files with the 
     Commission--
       ``(i) a declaration under penalty of perjury, with 
     supporting documentation as required by the Commission, that 
     the candidate and the candidate's authorized committees did 
     not exceed the personal funds expenditure limit in connection 
     with the primary election; and
       ``(ii) a declaration that the candidate and the candidate's 
     authorized committees will not make expenditures in excess of 
     the personal funds expenditure limit.
       ``(B) Time to file.--The declaration under subparagraph (A) 
     shall be filed not later than 7 days after the earlier of--
       ``(i) the date on which the candidate qualifies for the 
     general election ballot under State law; or
       ``(ii) if under State law, a primary or run-off election to 
     qualify for the general election ballot occurs after 
     September 1, the date on which the candidate wins the primary 
     or runoff election.
       ``(b) Personal Funds Expenditure Limit.--
       ``(1) In general.--The aggregate amount of expenditures 
     that may be made in connection with an election by an 
     eligible Senate candidate or the candidate's authorized 
     committees from the sources described in paragraph (2) shall 
     not exceed $50,000.
       ``(2) Sources.--A source is described in this paragraph if 
     the source is--
       ``(A) personal funds of the candidate and members of the 
     candidate's immediate family; or
       ``(B) proceeds of indebtedness incurred by the candidate or 
     a member of the candidate's immediate family.
       ``(c) Certification by the Commission.--
       ``(1) In general.--The Commission shall determine whether a 
     candidate has met the requirements of this section and, based 
     on the determination, issue a certification stating whether 
     the candidate is an eligible Senate candidate.
       ``(2) Time for certification.--Not later than 7 business 
     days after a candidate files a declaration under paragraph 
     (1) or (2) of subsection (a), the Commission shall certify 
     whether the candidate is an eligible Senate candidate.
       ``(3) Revocation.--The Commission shall revoke a 
     certification under paragraph (1), based on information 
     submitted in such form and manner as the Commission may 
     require or on information that comes to the Commission by 
     other means, if the Commission

[[Page S9990]]

     determines that a candidate violates the personal funds 
     expenditure limit.
       ``(4) Determinations by commission.--A determination made 
     by the Commission under this subsection shall be final, 
     except to the extent that the determination is subject to 
     examination and audit by the Commission and to judicial 
     review.
       ``(d) Penalty.--If the Commission revokes the certification 
     of an eligible Senate candidate--
       ``(1) the Commission shall notify the candidate of the 
     revocation; and
       ``(2) the candidate and a candidate's authorized committees 
     shall pay to the Commission an amount equal to the amount of 
     expenditures made by a national committee of a political 
     party or a State committee of a political party in connection 
     with the general election campaign of the candidate under 
     section 315(d).''.

     SEC. ____402. POLITICAL PARTY COMMITTEE COORDINATED 
                   EXPENDITURES.

       Section 315(d) of the Federal Election Campaign Act of 1971 
     (2 U.S.C. 441a(d)) (as amended by section ____204) is amended 
     by adding at the end the following:
       ``(5) This subsection does not apply to expenditures made 
     in connection with the general election campaign of a 
     candidate for the Senate who is not an eligible Senate 
     candidate (as defined in section 325(a)).''.
                       Subtitle E--Miscellaneous

     SEC. ____501. CODIFICATION OF BECK DECISION.

       Section 8 of the National Labor Relations Act (29 U.S.C. 
     158) is amended by adding at the end the following new 
     subsection:
       ``(h) Nonunion Member Payments to Labor Organization.--
       ``(1) In general.--It shall be an unfair labor practice for 
     any labor organization which receives a payment from an 
     employee pursuant to an agreement that requires employees who 
     are not members of the organization to make payments to such 
     organization in lieu of organization dues or fees not to 
     establish and implement the objection procedure described in 
     paragraph (2).
       ``(2) Objection procedure.--The objection procedure 
     required under paragraph (1) shall meet the following 
     requirements:
       ``(A) The labor organization shall annually provide to 
     employees who are covered by such agreement but are not 
     members of the organization--
       ``(i) reasonable personal notice of the objection 
     procedure, the employees eligible to invoke the procedure, 
     and the time, place, and manner for filing an objection; and
       ``(ii) reasonable opportunity to file an objection to 
     paying for organization expenditures supporting political 
     activities unrelated to collective bargaining, including but 
     not limited to the opportunity to file such objection by 
     mail.
       ``(B) If an employee who is not a member of the labor 
     organization files an objection under the procedure in 
     subparagraph (A), such organization shall--
       ``(i) reduce the payments in lieu of organization dues or 
     fees by such employee by an amount which reasonably reflects 
     the ratio that the organization's expenditures supporting 
     political activities unrelated to collective bargaining bears 
     to such organization's total expenditures;
       ``(ii) provide such employee with a reasonable explanation 
     of the organization's calculation of such reduction, 
     including calculating the amount of organization expenditures 
     supporting political activities unrelated to collective 
     bargaining.
       ``(3) Definition.--In this subsection, the term 
     `expenditures supporting political activities unrelated to 
     collective bargaining' means expenditures in connection with 
     a Federal, State, or local election or in connection with 
     efforts to influence legislation unrelated to collective 
     bargaining.''.

     SEC. ____502. USE OF CONTRIBUTED AMOUNTS FOR CERTAIN 
                   PURPOSES.

       Title III of the Federal Election Campaign Act of 1971 (2 
     U.S.C. 431 et seq.) is amended by striking section 313 and 
     inserting the following:

     ``SEC. 313. USE OF CONTRIBUTED AMOUNTS FOR CERTAIN PURPOSES.

       ``(a) Permitted Uses.--A contribution accepted by a 
     candidate, and any other amount received by an individual as 
     support for activities of the individual as a holder of 
     Federal office, may be used by the candidate or individual--
       ``(1) for expenditures in connection with the campaign for 
     Federal office of the candidate or individual;
       ``(2) for ordinary and necessary expenses incurred in 
     connection with duties of the individual as a holder of 
     Federal office;
       ``(3) for contributions to an organization described in 
     section 170(c) of the Internal Revenue Code of 1986; or
       ``(4) for transfers to a national, State, or local 
     committee of a political party.
       ``(b) Prohibited Use.--
       ``(1) In general.--A contribution or amount described in 
     subsection (a) shall not be converted by any person to 
     personal use.
       ``(2) Conversion.--For the purposes of paragraph (1), a 
     contribution or amount shall be considered to be converted to 
     personal use if the contribution or amount is used to fulfill 
     any commitment, obligation, or expense of a person that would 
     exist irrespective of the candidate's election campaign or 
     individual's duties as a holder of Federal officeholder, 
     including--
       ``(A) a home mortgage, rent, or utility payment;
       ``(B) a clothing purchase;
       ``(C) a noncampaign-related automobile expense;
       ``(D) a country club membership;
       ``(E) a vacation or other noncampaign-related trip;
       ``(F) a household food item;
       ``(G) a tuition payment;
       ``(H) admission to a sporting event, concert, theater, or 
     other form of entertainment not associated with an election 
     campaign; and
       ``(I) dues, fees, and other payments to a health club or 
     recreational facility.''.

     SEC. ____503. LIMIT ON CONGRESSIONAL USE OF THE FRANKING 
                   PRIVILEGE.

       Section 3210(a)(6) of title 39, United States Code, is 
     amended by striking subparagraph (A) and inserting the 
     following:
       ``(A) A Member of Congress shall not mail any mass mailing 
     as franked mail during a year in which there will be an 
     election for the seat held by the Member during the period 
     between January 1 of that year and the date of the general 
     election for that Office, unless the Member has made a public 
     announcement that the Member will not be a candidate for 
     reelection to that year or for election to any other Federal 
     office.''.

     SEC. ____504. PROHIBITION OF FUNDRAISING ON FEDERAL PROPERTY.

       Section 607 of title 18, United States Code, is amended 
     by--
       (1) striking subsection (a) and inserting the following:
       ``(a) Prohibition.--
       ``(1) In general.--It shall be unlawful for any person 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 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 
     occupied in the discharge of official duties by an officer or 
     employee of the United States, from any person.
       ``(2) Penalty.--A person who violates this section shall be 
     fined not more than $5,000, imprisoned more than 3 years, or 
     both.''.
       (2) inserting in subsection (b) after ``Congress'' ``or 
     Executive Office of the President''.

     SEC. ____505. PENALTIES FOR KNOWING AND WILLFUL VIOLATIONS.

       (a) Increased Penalties.--Section 309(a) of the Federal 
     Election Campaign Act of 1971 (2 U.S.C. 437g(a)) is amended--
       (1) in paragraphs (5)(A), (6)(A), and (6)(B), by striking 
     ``$5,000'' and inserting ``$10,000''; and
       (2) in paragraphs (5)(B) and (6)(C), by striking ``$10,000 
     or an amount equal to 200 percent'' and inserting ``$20,000 
     or an amount equal to 300 percent''.
       (b) Equitable Remedies.--Section 309(a)(5)(A) of the 
     Federal Election Campaign Act of 1971 (2 U.S.C. 437g(a)(5)) 
     is amended by striking the period at the end and inserting 
     ``, and may include equitable remedies or penalties, 
     including disgorgement of funds to the Treasury or community 
     service requirements (including requirements to participate 
     in public education programs).''.
       (c) Automatic Penalty for Late Filing.--Section 309(a) of 
     the Federal Election Campaign Act of 1971 (2 U.S.C. 437g(a)) 
     is amended--
       (1) by adding at the end the following:
       ``(13) Penalty for late filing.--
       ``(A) In general.--
       ``(i) Monetary penalties.--The Commission shall establish a 
     schedule of mandatory monetary penalties that shall be 
     imposed by the Commission for failure to meet a time 
     requirement for filing under section 304.
       ``(ii) Required filing.--In addition to imposing a penalty, 
     the Commission may require a report that has not been filed 
     within the time requirements of section 304 to be filed by a 
     specific date.
       ``(iii) Procedure.--A penalty or filing requirement imposed 
     under this paragraph shall not be subject to paragraph (1), 
     (2), (3), (4), (5), or (12).
       ``(B) Filing an exception.--
       ``(i) Time to file.--A political committee shall have 30 
     days after the imposition of a penalty or filing requirement 
     by the Commission under this paragraph in which to file an 
     exception with the Commission.
       ``(ii) Time for Commission to rule.--Within 30 days after 
     receiving an exception, the Commission shall make a 
     determination that is a final agency action subject to 
     exclusive review by the United States Court of Appeals for 
     the District of Columbia Circuit under section 706 of title 
     5, United States Code, upon petition filed in that court by 
     the political committee or treasurer that is the subject of 
     the agency action, if the petition is filed within 30 days 
     after the date of the Commission action for which review is 
     sought.'';
       (2) in paragraph (5)(D)--
       (A) by inserting after the first sentence the following: 
     ``In any case in which a penalty or filing requirement 
     imposed on a political committee or treasurer under paragraph 
     (13) has not been satisfied, the Commission may institute a 
     civil action for enforcement under paragraph (6)(A).''; and
       (B) by inserting before the period at the end of the last 
     sentence the following: ``or has failed to pay a penalty or 
     meet a filing

[[Page S9991]]

     requirement imposed under paragraph (13)''; and
       (3) in paragraph (6)(A), by striking ``paragraph (4)(A)'' 
     and inserting ``paragraph (4)(A) or (13)''.

     SEC. ____506. STRENGTHENING FOREIGN MONEY BAN.

       Section 319 of the Federal Election Campaign Act of 1971 (2 
     U.S.C. 441e) is amended--
       (1) by striking the heading and inserting the following: 
     ``contributions and donations by foreign nationals''; and
       (2) by striking subsection (a) and inserting the following:
       ``(a) Prohibition.--It shall be unlawful for--
       ``(1) a foreign national, directly or indirectly, to make--
       ``(A) a donation of money or other thing of value, or to 
     promise expressly or impliedly to make a donation, in 
     connection with a Federal, State, or local election to a 
     political committee or a candidate for Federal office; or
       ``(ii) a contribution or donation to a committee of a 
     political party; or
       ``(B) for a person to solicit, accept, or receive such 
     contribution or donation from a foreign national.''.

     SEC. ____507. PROHIBITION OF CONTRIBUTIONS BY MINORS.

       Title III of the Federal Election Campaign Act of 1971 (2 
     U.S.C. 431 et seq.) (as amended by section ____401) is 
     amended by adding at the end the following:

     ``SEC. 326. PROHIBITION OF CONTRIBUTIONS BY MINORS.

       An individual who is 17 years old or younger shall not make 
     a contribution to a candidate or a contribution or donation 
     to a committee of a political party.''.

     SEC. ____508. EXPEDITED PROCEDURES.

       (a) In General.--Section 309(a) of the Federal Election 
     Campaign Act of 1971 (2 U.S.C. 437g(a)) (as amended by 
     section ____505(c)) is amended by adding at the end the 
     following:
       ``(14)(A) If the complaint in a proceeding was filed within 
     60 days preceding the date of a general election, the 
     Commission may take action described in this subparagraph.
       ``(B) If the Commission determines, on the basis of facts 
     alleged in the complaint and other facts available to the 
     Commission, that there is clear and convincing evidence that 
     a violation of this Act has occurred, is occurring, or is 
     about to occur, the Commission may order expedited 
     proceedings, shortening the time periods for proceedings 
     under paragraphs (1), (2), (3), and (4) as necessary to allow 
     the matter to be resolved in sufficient time before the 
     election to avoid harm or prejudice to the interests of the 
     parties.
       ``(C) If the Commission determines, on the basis of facts 
     alleged in the complaint and other facts available to the 
     Commission, that the complaint is clearly without merit, the 
     Commission may--
       ``(i) order expedited proceedings, shortening the time 
     periods for proceedings under paragraphs (1), (2), (3), and 
     (4) as necessary to allow the matter to be resolved in 
     sufficient time before the election to avoid harm or 
     prejudice to the interests of the parties; or
       ``(ii) if the Commission determines that there is 
     insufficient time to conduct proceedings before the election, 
     summarily dismiss the complaint.''.
       (b) Referral to Attorney General.--Section 309(a)(5) of the 
     Federal Election Campaign Act of 1971 (2 U.S.C. 437g(a)(5)) 
     is amended by striking subparagraph (C) and inserting the 
     following:
       ``(C) The Commission may at any time, by an affirmative 
     vote of at least 4 of its members, refer a possible violation 
     of this Act or chapter 95 or 96 of title 26, United States 
     Code, to the Attorney General of the United States, without 
     regard to any limitation set forth in this section.''.

     SEC. ____509. INITIATION OF ENFORCEMENT PROCEEDING.

       Section 309(a)(2) of the Federal Election Campaign Act of 
     1971 (2 U.S.C. 437g(a)(2)) is amended by striking ``reason to 
     believe that'' and inserting ``reason to investigate 
     whether''.
     Subtitle F--Severability; Constitutionality; Effective Date; 
                              Regulations

     SEC. ____601. SEVERABILITY.

       If any provision of this Act or amendment made by this Act, 
     or the application of a provision or amendment to any person 
     or circumstance, is held to be unconstitutional, the 
     remainder of this Act and amendments made by this Act, and 
     the application of the provisions and amendment to any person 
     or circumstance, shall not be affected by the holding.

     SEC. ____602. REVIEW OF CONSTITUTIONAL ISSUES.

       An appeal may be taken directly to the Supreme Court of the 
     United States from any final judgment, decree, or order 
     issued by any court ruling on the constitutionality of any 
     provision of this Act or amendment made by this Act.

     SEC. ____603. EFFECTIVE DATE.

       Except as otherwise provided in this Act, this Act and the 
     amendments made by this Act take effect on the date that is 
     60 days after the date of enactment of this Act or January 1, 
     1998, whichever occurs first.

     SEC. ____604. REGULATIONS.

       The Federal Election Commission shall prescribe any 
     regulations required to carry out this Act and the amendments 
     made by this Act not later than 270 days after the effective 
     date of this Act.
                                  ____


                    GORTON AMENDMENTS NOS. 3555-3557

  Mr. BENNETT (for Mr. Gorton) proposed three amendments to the bill, 
S. 2237, supra; as follows:

                           Amendment No. 3555

       Beginning on page 152, line 7, strike all through line 3 on 
     page 154 and insert in lieu thereof the following:
       ``Sec. 343. Unless specifically authorized by Congress or 
     with the consent of licensees for dams licensed by the 
     Federal Energy Regulatory Commission, a Federal or State 
     agency shall not require, approve, authorize, fund or 
     undertake any action that would remove or breach any dam on 
     the Federal Columbia River Power System or any dam on the 
     Columbia or Snake Rivers or their tributaries licensed by the 
     Federal Energy Regulatory Commission or diminish below 
     present operational plans the Congressionally authorized uses 
     of flood control, irrigation, navigation and electric power 
     and energy generating capacity of any such dam.''
                                  ____


                           Amendment No. 3556

       Strike Section 129 of Senate bill 2237 and add the 
     following in the nature of a substitute:
       ``Sec. 129. (a) In the event any tribe returns 
     appropriations made available by this Act to the Bureau of 
     Indian Affairs for distribution to other tribes, this action 
     shall not diminish the Federal Government's trust 
     responsibility to that tribe, or the government-to-government 
     relationship between the United States and that tribe, or 
     that tribe's ability to access future appropriations.
       ``(b) The Bureau of Indian Affairs shall develop 
     alternative methods to fund TPA base programs in future 
     years. The alternatives shall consider tribal revenues and 
     relative needs of tribes and tribal members. No later than 
     April 1, 1999, the BIA shall submit a report to Congress 
     containing its recommendations and other alternatives. The 
     report shall also identify the methods proposed to be used by 
     BIA to acquire data that is not currently available to BIA 
     and any data gathering mechanisms that may be necessary to 
     encourage tribal compliance. Notwithstanding any other 
     provision of law, for the purposes of developing 
     recommendations, the Bureau of Indian Affairs is hereby 
     authorized access to tribal revenue-related data held by any 
     Federal agency, excluding information held by the Internal 
     Revenue Service.
       ``(c) Except as provided in subsection (d), tribal revenue 
     shall include the sum of tribal net income, however derived, 
     from any business venture owned, held, or operated, in whole 
     or in part, by any tribal entity which is eligible to receive 
     TPA on behalf of the members of any tribe, all amounts 
     distributed as per capita payments which are not otherwise 
     included in net income, and any income from fees, licenses or 
     taxes collected by any tribe.
       ``(d) The calculation of tribal revenues shall exclude 
     payments made by the Federal Government in settlement of 
     claims or judgments and income derived from lands, natural 
     resources, funds, and assets held in trust by the Secretary 
     of the Interior.
       ``(e) In developing alternative TPA distribution methods, 
     the Bureau of Indian Affairs will take into account the 
     financial obligations of a tribe, such as budgeted health, 
     education and public works service costs; its compliance, 
     obligations and spending requirements under the Indian Gaming 
     Regulatory Act; its compliance with the Single Audit Act; and 
     its compact with its state''.
                                  ____


                           Amendment No. 3557

       Starting on page 91, line 23, strike all through the colon 
     on page 92, line 3, and insert in lieu thereof the following:
       ``For necessary expenses in carrying out energy 
     conservation activities, $670,701,000, to remain available 
     until expended, including, notwithstanding any other 
     provision of law, $64,000,000, which shall be transferred to 
     this account from amounts held in escrow under section 
     3002(d) of Public Law 95-509 (15 U.S.C. 4501(d)):'';
       At the end of Title III, add the following new section:
       ``Sec.   . Section 3003 of the Petroleum Overcharge 
     Distribution and Restitution Act of 1986 (15 U.S.C. 4502) is 
     amended by adding after subsection (d) the following new 
     subsection:
       ``(e) Subsections (b), (c), and (d) of this section are 
     repealed, and any rights that may have arisen are 
     extinguished, on the date of the enactment of the Department 
     of the Interior and Related Agencies Appropriations Act, 
     1999. After that date, the amount available for direct 
     restitution to current and future refined petroleum product 
     claimants under this Act is reduced by the amounts specified 
     in title II of that Act as being derived from amounts held in 
     escrow under section 3002(d). The Secretary shall assure that 
     the amount remaining in escrow to satisfy refined petroleum 
     product claims for direct restitution is allocated equitably 
     among the claimants.'';
       On page 2, line 13, strike ``$600,096,000'' and insert in 
     lieu thereof the following: ``$603,396,000'';
       On page 5, line 20, strike ``$15,650,000'' and insert 
     ``$16,650,000'';
       On page 11, line 1, strike ``$624,019,000'' and insert in 
     lieu thereof the following: ``$631,019,000'';
       On page 12, line 21, strike ``$48,734,000'' and insert in 
     lieu thereof the following: ``$50,059,000'';

[[Page S9992]]

       On page 13, line 8, strike ``$62,120,000'' and insert in 
     lieu thereof the following: ``$63,370,000'';
       On page 17, line 12, strike ``$1,288,903,000'' and insert 
     in lieu thereof the following: ``$1,298,903,000'';
       On page 17, line 25, strike ``$48,800,000'' and insert in 
     lieu thereof the following: ``$50,800,000'';
       On page 18, line 25, strike ``$210,116,000'' and insert in 
     lieu thereof the following: ``$217,166,000'';
       On page 19, line 3, insert the following after the ``:'' 
     Provided further, That $500,000 may be derived from the 
     Historic Recreation Fund, for the Hecksher Museum'';
       On page 19, line 17, strike ``$88,100,000'' and insert in 
     lieu thereof the following: ``$90,075,000'';
       On page 22, line 10, strike ``$772,115,000'' and insert in 
     lieu thereof the following: ``$773,115,000'';
       On page 22, line 18, strike ``$154,581,000'' and insert in 
     lieu thereof the following: ``$155,581,000'';
       On page 30, line 2, strike ``$1,544,695,000'' and insert in 
     lieu thereof the following: ``$1,555,295,000'';
       On page 30, line 21, strike ``$50,588,000'' and insert in 
     lieu thereof the following: ``$52,788,000'';
       On page 75, line 6, strike ``$212,927,000'' and insert in 
     lieu thereof the following: ``$214,127,000'';
       On page 75, line 13, strike ``$165,091,000'' and insert in 
     lieu thereof the following: ``$168,091,000'';
       On page 77, line 5, strike ``$353,850,000'' and insert in 
     lieu thereof the following: ``$358,840,000'';
       On page 96, line 25, strike ``$1,888,602,000'' and insert 
     in lieu thereof the following: ``$1,893,602,000'';
       On page 98, line 16, strike ``$170,190,000'' and insert in 
     lieu thereof the following: ``$175,190,000''.

                          ____________________