[Congressional Record (Bound Edition), Volume 145 (1999), Part 18]
[Senate]
[Pages 25786-25788]
[From the U.S. Government Publishing Office, www.gpo.gov]




                          AMENDMENTS SUBMITTED

                                 ______
                                 

                 BIPARTISAN CAMPAIGN REFORM ACT OF 1999

                                 ______
                                 

                   CLELAND AMENDMENTS NOS. 2308-2316

  (Ordered to lie on the table)
  Mr. CLELAND submitted nine amendments intended to be proposed by him 
to the bill (S. 1593) to amend the Federal Election Campaign Act of 
1971 to provide bipartisan campaign reform; as follows:

                           Amendment No. 2308

       At the end of the bill, add the following:

     SEC. __. REQUIRED CONTRIBUTOR CERTIFICATION.

       Section 301(13) of the Federal Election Campaign Act of 
     1971 (2 U.S.C. 431(13)) is amended--
       (1) in subparagraph (A)--
       (A) by striking ``and'' the first place it appears; and
       (B) by inserting ``, and an affirmation that the individual 
     is an individual who is not prohibited by sections 319 and 
     320 from making the contribution'' after ``employer''; and
       (2) in subparagraph (B) by inserting ``and an affirmation 
     that the person is a person that is not prohibited by 
     sections 319 and 320 from making a contribution'' after 
     ``such person''.
                                  ____


                           Amendment No. 2309

       At the end of the bill, add the following:

     SEC. __. RESTRUCTURING OF THE FEDERAL ELECTION COMMISSION.

       (a) In General.--So much of section 306(a) of the Federal 
     Election Campaign Act of 1971 (2 U.S.C. 437c(a)) as precedes 
     paragraph (2) is amended to read as follows:
       ``(a) Composition of Commission.--
       ``(1) In general.--
       ``(A) Establishment.--There is established a commission to 
     be known as the Federal Election Commission.
       ``(B) Appointment of members.--The Commission shall be 
     composed of 7 members appointed by the President, by and with 
     the advice and consent of the Senate, of which 1 member shall 
     be appointed by the President from nominees recommended under 
     subparagraph (C).
       ``(C) Nominations.--
       ``(i) In general.--The Supreme Court shall recommend 10 
     nominees from which the President shall appoint a member of 
     the Commission.
       ``(ii) Qualifications.--The nominees recommended under 
     clause (i) shall be individuals who have not, during the time 
     period beginning on the date that is 5 years prior to the 
     date of the nomination and ending on the date of the 
     nomination--

       ``(I) held elective office as a member of the Democratic or 
     Republican political party;
       ``(II) received any wages from the Democratic or Republican 
     political party; or
       ``(III) provided substantial volunteer services or made any 
     substantial contribution to the Democratic or Republican 
     political party or to a public officeholder or candidate for 
     public office who is associated with the Democratic or 
     Republican political party.

       ``(D) Limit on party affiliation.--Of the 6 members not 
     appointed pursuant to subparagraph (C), no more than 3 
     members may be affiliated with the same political party.''.

[[Page 25787]]

       (b) Chair of Commission.--Section 306(a)(5) of the Federal 
     Election Campaign Act of 1971 (2 U.S.C. 437c(a)(5)) is 
     amended by striking paragraph (5) and inserting the 
     following:
       ``(5) Chair; vice chair.--
       ``(A) In general.--A member appointed under paragraph 
     (1)(C) shall serve as chair of the Commission and the 
     Commission shall elect a vice chair from among the 
     Commission's members.
       ``(B) Affiliation.--The chair and the vice chair shall not 
     be affiliated with the same political party.
       ``(C) Vacancy.--The vice chair shall act as chair in the 
     absence or disability of the chair or in the event of a 
     vacancy of the chair.''.
       (c) Effective Date.--
       (1) In general.--The term of the seventh member of the 
     Federal Election Commission appointed under section 
     306(a)(1)(C) of the Federal Election Campaign Act of 1971, as 
     added by subsection (a) of this section, shall begin on May 
     1, 2000.
       (2) Current members.--Any member of the Federal Election 
     Commission serving a term on the date of enactment of this 
     Act (or any successor of such term) shall continue to serve 
     until the expiration of the term.
                                  ____


                           Amendment No. 2310

       At the end of the bill, add the following:

     SEC. __. FILING FEES.

       (a) Schedule.--The Federal Election Commission shall 
     establish by regulation a schedule of filing fees that apply 
     to persons required to file a report under the Federal 
     Election Campaign Act of 1971 (2 U.S.C. 431 et seq.).
       (b) Requirements.--A filing fee schedule established under 
     subsection (a) shall--
       (1) be printed in the Federal Register not less than 30 
     days before a fiscal year begins;
       (2) contain sufficient fees to meet the estimated operating 
     costs of the Federal Election Commission for the next fiscal 
     year; and
       (3) provide a waiver of fees for persons required to file a 
     report with the Federal Election Commission if such fee would 
     be a substantial hardship to such person.
       (c) Appropriations.--Any fees collected pursuant to this 
     section are hereby appropriated for use by the Federal 
     Election Commission in carrying out its duties under the 
     Federal Election Campaign Act of 1971 and shall remain 
     available without fiscal year limitation.
       (d) Effective Date.--This section shall apply to fiscal 
     years beginning after the date that is 2 years after the date 
     of enactment of this Act.
                                  ____


                           Amendment No. 2311

       At the end of the bill, add the following:

     SEC. __. INDEPENDENT LITIGATION AUTHORITY.

       Section 306(f) of the Federal Election Campaign Act of 1971 
     (2 U.S.C. 437c(f)) is amended by striking paragraph (4) and 
     inserting the following:
       ``(4) Independent litigating authority.--
       ``(A) In general.--Notwithstanding paragraph (2) or any 
     other provision of law, the Commission is authorized to 
     appear on the Commission's behalf in any action related to 
     the exercise of the Commission's statutory duties or powers 
     in any court as either a party or as amicus curiae, either--
       ``(i) by attorneys employed in its office, or
       ``(ii) by counsel whom the Commission may appoint, on a 
     temporary basis as may be necessary for such purpose, without 
     regard to the provisions of title 5, United States Code, 
     governing appointments in the competitive service, and whose 
     compensation it may fix without regard to the provisions of 
     chapter 51 and subchapter III of chapter 53 of such title, 
     and whose compensation shall be paid out of any funds 
     otherwise available to pay the compensation of employees of 
     the Commission.
       ``(B) Supreme Court.--The authority granted under 
     subparagraph (A) includes the power to appeal from, and 
     petition the Supreme Court for certiorari to review, 
     judgments or decrees entered with respect to actions in which 
     the Commission appears under the authority provided in this 
     section.''.
                                  ____


                           Amendment No. 2312

       At the end of the bill, add the following:

     SEC. __. LIMIT ON TIME TO ACCEPT CONTRIBUTIONS.

       (a) Time to Accept Contributions.--Section 315 of the 
     Federal Election Campaign Act of 1971 (2 U.S.C. 441a) is 
     amended by adding at the end the following:
       ``(i) Time to Accept Contributions.--
       ``(1) In general.--A candidate for nomination to, or 
     election to, the Senate or House of Representatives shall not 
     accept a contribution from any person during an election 
     cycle in connection with the candidate's campaign except 
     during a contribution period.
       ``(2) Contribution period.--In this subsection, the term 
     `contribution period' means, with respect to a candidate, the 
     period of time that--
       ``(A) begins on the date that is the earlier of--
       ``(i) January 1 of the year in which an election for the 
     seat that the candidate is seeking occurs; or
       ``(ii) 90 days before the date on which the candidate will 
     qualify under State law to be placed on the ballot for the 
     primary election for the seat that the candidate is seeking; 
     and
       ``(B) ends on the date that is 5 days after the date of the 
     general election for the seat that the candidate is seeking.
       ``(3) Exceptions.--
       ``(A) Debts incurred during election cycle.--A candidate 
     may accept a contribution after the end of a contribution 
     period to make an expenditure in connection with a debt or 
     obligation incurred in connection with the election during 
     the election cycle.
       ``(B) Acceptance of contributions in response to opponent's 
     carryover funds.--
       ``(i) In general.--A candidate may accept an aggregate 
     amount of contributions before the contribution period begins 
     in an amount equal to 125 percent of the amount of carryover 
     funds of an opponent in the same election.
       ``(ii) Carryover funds of opponent.--In clause (i), the 
     term `carryover funds of an opponent' means the aggregate 
     amount of contributions that an opposing candidate and the 
     candidate's authorized committees transfers from a previous 
     election cycle to the current election cycle.''.
       (b) Definition of Election Cycle.--Section 301 of the 
     Federal Election Campaign Act of 1971 (2 U.S.C. 431) is 
     amended by adding at the end the following:
       ``(20) Election cycle.--The term `election cycle' means the 
     period beginning on the day after the date of the most recent 
     general election for the specific office or seat that a 
     candidate is seeking and ending on the date of the next 
     general election for that office or seat.''.
                                  ____


                           Amendment No. 2313

       At the end of the bill, add the following:

     SEC. __. MANDATORY ELECTRONIC FILING.

       Section 304(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) Electronic filing.--
       ``(A) In general.--The Commission shall promulgate a 
     regulation under which a person required to file a 
     designation, statement, or report under this Act, in addition 
     to the current filing requirements--
       ``(i) is required to maintain and file each designation, 
     statement, or report in electronic form accessible by 
     computer if the person has, or expects to have, aggregate 
     contributions or aggregate 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 accessible by computer if not 
     required to do so under the regulation promulgated under 
     clause (i).
       ``(B) Verification of filings.--
       ``(i) Regulation.--The Commission shall promulgate a 
     regulation to provide a method for verifying a designation, 
     statement, report, or notification required to be filed under 
     this paragraph (other than requiring a signature on the 
     document being filed).
       ``(ii) Treatment of verification.--A document verified by 
     the method promulgated under clause (i) shall be treated for 
     all purposes in the same manner as a document verified by a 
     signature.''.
                                  ____


                           Amendment No. 2314

       At the end of the bill, add the following:

     SEC. __. CIVIL ACTION.

       Section 309 of the Federal Election Campaign Act of 1971 (2 
     U.S.C. 437g) is amended by adding at the end the following:
       ``(e) Civil Action.--
       ``(1) Authority to bring civil action.--If the Commission 
     does not act to investigate or dismiss a complaint within 120 
     days after the complaint is filed, the person who filed the 
     complaint may commence a civil action against the Commission 
     in United States district court for injunctive relief.
       ``(2) Attorney's fees.--The court may award the costs of 
     the litigation (including reasonable attorney's fees) to a 
     plaintiff who substantially prevails in the civil action.''.
                                  ____


                           Amendment No. 2315

       At the end of the bill, add the following:

     SEC. __. 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)'' 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.
       ``(B) Limitation.--The Commission shall not conduct an 
     audit or investigation of a candidate's authorized committee 
     under paragraph (1) 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

[[Page 25788]]

     of 1971 (2 U.S.C. 438(b)) is amended by striking ``6 months'' 
     and inserting ``12 months''.
                                  ____


                           Amendment No. 2316

       At the end of the bill, add the following:

     SEC. __. REPORTING REQUIREMENTS.

       (a) Filing Date for Reports.--Section 304(a) of the Federal 
     Election Campaign Act of 1971 (2 U.S.C. 434(a)) is amended--
       (1) in paragraph (2)(A)(i), by striking ``(or posted by 
     registered or certified mail no later than the 15th day 
     before)'';
       (2) in paragraph (4)(A)(ii), by striking ``(or posted by 
     registered or certified mail no later than the 15th day 
     before)''; and
       (3) by striking paragraph (5) and inserting ``(5) 
     [Repealed.]''.
       (b) Campaign-Cycle Reporting.--
       (1) In general.--Section 304(b) of the Federal Election 
     Campaign Act of 1971 (2 U.S.C. 434(b)) is amended--
       (A) in paragraph (2), by inserting ``(or, in the case of an 
     authorized committee, the reporting period and the election 
     cycle)'' after ``calendar year'';
       (B) in paragraph (3)--
       (i) in subparagraph (A), by inserting ``(or, in the case of 
     an authorized committee, within the election cycle)'' after 
     ``calendar year'';
       (ii) in subparagraph (F), by inserting ``(or, in the case 
     of an authorized committee, within the election cycle)'' 
     after ``calendar year''; and
       (iii) in subparagraph (G), by inserting ``(or, in the case 
     of an authorized committee, within the election cycle)'' 
     after ``calendar year'';
       (C) in paragraph (4), by inserting ``(or, in the case of an 
     authorized committee, the reporting period and the election 
     cycle)'' after ``calendar year'';
       (D) in paragraph (5)(A), by inserting ``(or, in the case of 
     an authorized committee, within the election cycle)'' after 
     ``calendar year''; and
       (E) in paragraph (6)(A), by striking ``calendar year'' and 
     inserting ``election cycle''.
       (2) Definition of election cycle.--Section 301 of the 
     Federal Election Campaign Act of 1971 (2 U.S.C. 431) is 
     amended by adding at the end the following:
       ``(20) Election cycle.--The term `election cycle' means the 
     period beginning on the day after the date of the most recent 
     general election for the specific office or seat that a 
     candidate is seeking and ending on the date of the next 
     general election for that office or seat.''.
       (c) Monthly Reporting by Multicandidate Political 
     Committees.--Section 304(a)(4)(B) of the Federal Election 
     Campaign Act of 1971 (2 U.S.C. 434(a)(4)(B)) is amended by 
     adding at the end the following: ``In the case of a 
     multicandidate political committee that has received 
     contributions aggregating $100,000 or more or made 
     expenditures aggregating $100,000 or more, by January 1 of 
     the calendar year, or anticipates receiving contributions 
     aggregating $100,000 or more or making expenditures 
     aggregating $100,000 or more during such year, the committee 
     shall file monthly reports under this subparagraph.''.
       (d) Filing of Report of Independent Expenditures.--The 
     second sentence of section 304(c)(2) of the Federal Election 
     Campaign Act of 1971 (2 U.S.C. 434(c)(2)) is amended by 
     inserting ``and filed'' after ``shall be reported''.
       (e) Reporting of Certain Expenditures.--Section 304(a) of 
     the Federal Election Campaign Act of 1971 (2 U.S.C. 434(a)) 
     is amended by adding at the end the following:
       ``(12)(A)(i) A political committee, other than an 
     authorized committee of a candidate, that has received 
     contributions aggregating $100,000 or more or made 
     expenditures aggregating $100,000 or more during the calendar 
     year or anticipates receiving contributions aggregating 
     $100,000 or more or making expenditures aggregating $100,000 
     or more during such year, shall notify the Commission in 
     writing of any contribution in an aggregate amount equal to 
     $1,000 or more received by the committee after the 20th day, 
     but more than 48 hours, before any election.
       ``(ii) Notification shall be made within 48 hours after the 
     receipt of such contribution and shall include the name of 
     the political committee, the identification of the 
     contributor, and the date of receipt of the contribution.
       ``(B) The notification required under this paragraph shall 
     be in addition to all other reporting requirements under this 
     Act.''.

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