[Congressional Record (Bound Edition), Volume 147 (2001), Part 4]
[Senate]
[Pages 5110-5115]
[From the U.S. Government Publishing Office, www.gpo.gov]



                           TEXT OF AMENDMENTS

  SA 155. Mr. HARKIN (for himself, Mr. Wellstone, and Mr. Biden) 
proposed an amendment to the bill S. 27, to amend the Federal Election 
Campaign Act of 1971 to provide bipartisan campaign reform; as follows:

       On page 38, after line 3, add the following:

    TITLE V--VOLUNTARY SENATE CANDIDATE SPENDING LIMITS AND BENEFITS

     SEC. 501. VOLUNTARY SENATE SPENDING LIMITS AND PUBLIC 
                   BENEFITS.

       (a) In General.--The Federal Election Campaign Act of 1971 
     is amended by adding at the end the following:

  ``TITLE V--VOLUNTARY SPENDING LIMITS AND PUBLIC BENEFITS FOR SENATE 
                           ELECTION CAMPAIGNS

     ``SEC. 501. CANDIDATES ELIGIBLE TO RECEIVE BENEFITS.

       ``(a) In General.--For purposes of this title, a candidate 
     is an eligible candidate if the candidate--
       ``(1) meets the primary and general election filing 
     requirements of subsections (b) and (c); and
       ``(2) meets the primary and runoff election expenditure 
     limits of subsection (d).
       ``(b) Primary Filing Requirements.--(1) The requirements of 
     this subsection are met if the candidate files with the 
     Secretary of the Senate a declaration as to whether--
       ``(A) the candidate and the candidate's authorized 
     committees--
       ``(i) will meet the primary and runoff election expenditure 
     limits of subsection (d); and
       ``(ii) will only accept contributions for the primary and 
     runoff elections which do not exceed such limits; and
       ``(B) the candidate and the candidate's authorized 
     committees will meet the general election expenditure limit 
     under section 502(a).
       ``(2) The declaration under paragraph (1) shall be filed on 
     the date the candidate files as a candidate for the primary 
     election.
       ``(c) General Election Filing Requirement.--(1) The 
     requirements of this subsection are met if the candidate 
     files a certification with the Secretary of the Senate under 
     penalty of perjury that--
       ``(A) the candidate and the candidate's authorized 
     committees--
       ``(i) met the primary and runoff election expenditure 
     limits under subsection (d); and
       ``(ii) did not accept contributions for the primary or 
     runoff election in excess of the primary or runoff 
     expenditure limit under subsection (d), whichever is 
     applicable;
       ``(B) at least one other candidate has qualified for the 
     same general election ballot under the law of the State 
     involved;
       ``(C) such candidate and the authorized committees of such 
     candidate--
       ``(i) except as otherwise provided by this title, will not 
     make expenditures which exceed the general election 
     expenditure limit under section 502(a);
       ``(ii) will not accept any contributions in violation of 
     section 315;
       ``(iii) except as otherwise provided by this title, will 
     not accept any contribution for the general election involved 
     to the extent that such contribution would cause the 
     aggregate amount of such contributions to exceed the amount 
     of the general election expenditure limit under section 
     502(a);
       ``(iv) will deposit all payments received under this title 
     in an account insured by the Federal Deposit Insurance 
     Corporation from which funds may be withdrawn by check or 
     similar means of payment to third parties; and
       ``(v) will furnish campaign records, evidence of 
     contributions, and other appropriate information to the 
     Commission; and
       ``(D) the candidate intends to make use of the benefits 
     provided under section 503.
       ``(2) The declaration under paragraph (1) shall be filed 
     not later than 7 days after the earlier of--
       ``(A) the date the candidate qualifies for the general 
     election ballot under State law; or
       ``(B) if, under State law, a primary or runoff election to 
     qualify for the general election ballot occurs after 
     September 1, the date the candidate wins the primary or 
     runoff election.
       ``(d) Primary and Runoff Expenditure Limits.--(1) The 
     requirements of this subsection are met if:
       ``(A) The candidate or the candidate's authorized 
     committees did not make expenditures for the primary election 
     in excess of an amount equal to 67 percent of the general 
     election expenditure limit under section 502(a).
       ``(B) The candidate and the candidate's authorized 
     committees did not make expenditures for any runoff election 
     in excess of 20 percent of the general election expenditure 
     limit under section 502(a).
       ``(2)(A) If the contributions received by the candidate or 
     the candidate's authorized committees for the primary 
     election or runoff election exceed the expenditures for 
     either such election, such excess contributions shall be 
     treated as contributions for the general election and 
     expenditures for the general election may be made from such 
     excess contributions.
       ``(B) Subparagraph (A) shall not apply to the extent that 
     such treatment of excess contributions--
       ``(i) would result in the violation of any limitation under 
     section 315; or
       ``(ii) would cause the aggregate contributions received for 
     the general election to exceed the limits under subsection 
     (c)(1)(C)(iii).

     ``SEC. 502. LIMITATIONS ON EXPENDITURES.

       ``(a) General Election Expenditure Limit.--Except as 
     otherwise provided in this title, the aggregate amount of 
     expenditures for a general election by an eligible candidate 
     and the candidate's authorized committees shall not exceed 
     the sum of--
       ``(1) $1,000,000; and
       ``(2) 50 cents multiplied by the voting age population of 
     the candidate's State.
       ``(b) Payment of Taxes.--The limitation under subsection 
     (a) shall not apply to any expenditure by the candidate or 
     the candidate's authorized committees for Federal, State, or 
     local taxes on earnings allocable to contributions received 
     by such candidates or committees.

     ``SEC. 503. BENEFITS ELIGIBLE CANDIDATE ENTITLED TO RECEIVE.

       ``(a) Payments.--An eligible candidate shall be entitled to 
     payments from the Senate Election Campaign Fund with respect 
     to an election in an amount equal to 2 times the excess 
     expenditure amount determined under subsection (b) with 
     respect to the election, beginning on the date on which an 
     opponent in the same election as the eligible candidate makes 
     an aggregate amount of expenditures, or accepts an aggregate 
     amount of contributions, in excess of an amount equal to the 
     sum of--
       ``(1) the excess expenditure amount; and
       ``(2) $10,000.
       ``(b) Excess Expenditure Amount.--For purposes of 
     subsection (a), except as provided in section 505(c), the 
     excess expenditure amount determined under this subsection 
     with respect to an election is the greatest aggregate amount 
     of expenditures made (or obligated to be made), or 
     contributions received, by any opponent of the eligible 
     candidate with respect to such election in excess of the 
     primary or runoff expenditure limits under section 501(d) or 
     general election expenditure limit under section 502(a) of 
     the eligible candidate (as applicable).

[[Page 5111]]

       ``(c) Waiver of Expenditure and Contribution Limits.--An 
     eligible candidate who receives payments under subsection (a) 
     that are allocable to the excess expenditure amounts 
     described in subsection (b) may make expenditures from such 
     payments to defray expenditures for the primary, runoff, or 
     general election without regard to the applicable expenditure 
     limits under section 501(d) or 502(a).
       ``(d) Use of Payments From Fund.--Payments received by a 
     candidate under subsection (a) shall be used to defray 
     expenditures incurred with respect to the election for which 
     the amounts were made available. Such payments shall not be 
     used--
       ``(1) except as provided in paragraph (4), to make any 
     payments, directly or indirectly, to such candidate or to any 
     member of the immediate family of such candidate;
       ``(2) to make any expenditure other than expenditures to 
     further the applicable election of such candidate;
       ``(3) to make any expenditures which constitute a violation 
     of any law of the United States or of the State in which the 
     expenditure is made; or
       ``(4) to repay any loan to any person except to the extent 
     the proceeds of such loan were used to further the general 
     election of such candidate.
       ``(e) Unexpended Funds.--Any amount received by an eligible 
     candidate under this title may be retained for a period not 
     exceeding 120 days after the date of the general election for 
     the liquidation of all obligations to pay expenditures for 
     the general election incurred during the general election 
     period. At the end of such 120-day period, any unexpended 
     funds received under this title shall be promptly repaid to 
     the Secretary of the Treasury.

     ``SEC. 504. CERTIFICATION BY COMMISSION.

       ``(a) In General.--(1) The Commission shall certify to any 
     candidate meeting the requirements of section 501 that such 
     candidate is an eligible candidate entitled to benefits under 
     this title. The Commission shall revoke such certification if 
     it determines a candidate fails to continue to meet such 
     requirements.
       ``(2) Not later than 48 hours after an eligible candidate 
     files a request with the Secretary of the Senate to receive 
     benefits under section 505, the Commission shall certify to 
     the Secretary of the Treasury whether such candidate is 
     eligible for payments under this title from the Senate 
     Election Campaign Fund and the amount of such payments to 
     which such candidate is entitled. The request referred to in 
     the preceding sentence shall contain--
       ``(A) such information and be made in accordance with such 
     procedures as the Commission may provide by regulation; and
       ``(B) a verification signed by the candidate and the 
     treasurer of the principal campaign committee of such 
     candidate stating that the information furnished in support 
     of the request, to the best of their knowledge, is correct 
     and fully satisfies the requirements of this title.
       ``(b) Determinations by Commission.--All determinations 
     (including certifications under subsection (a)) made by the 
     Commission under this title shall be final and conclusive.

     ``SEC. 505. PAYMENTS RELATING TO ELIGIBLE CANDIDATES.

       ``(a) Establishment of Campaign Fund.--(1) There is hereby 
     established in the Treasury of the United States a special 
     fund to be known as the `Senate Election Campaign Fund'.
       ``(2)(A) There are appropriated to the Fund for each fiscal 
     year, out of amounts in the general fund of the Treasury not 
     otherwise appropriated, amounts equal to--
       ``(i) any contributions by persons which are specifically 
     designated as being made to the Fund; and
       ``(ii) any other amounts which may be deposited into the 
     Fund under this title.
       ``(B) It is the sense of the Senate that a contribution to 
     the Fund under subparagraph (A)(i) shall exclusively consist 
     of amounts derived from income tax refunds due the person or 
     additional amounts included with the person's return and not 
     from any income tax liability owed by the person to the 
     Treasury.
       ``(C) The Secretary of the Treasury (referred to in this 
     section as the `Secretary') shall, from time to time, 
     transfer to the Fund an amount not in excess of the amounts 
     described in subparagraph (A).
       ``(D) Amounts in the Fund shall remain available without 
     fiscal year limitation.
       ``(3) Amounts in the Fund shall be available only for the 
     purposes of--
       ``(A) making payments required under this title; and
       ``(B) making disbursements in connection with the 
     administration of the Fund.
       ``(4) The Secretary shall maintain such accounts in the 
     Fund as may be required by this title or which the Secretary 
     determines to be necessary to carry out the provisions of 
     this title.
       ``(b) Payments Upon Certification.--Upon receipt of a 
     certification from the Commission under section 504, except 
     as provided in subsection (c), the Secretary shall promptly 
     pay the amount certified by the Commission to the candidate 
     out of the Senate Election Campaign Fund.
       ``(c) Reductions in Payments if Funds Insufficient.--(1) 
     If, at the time of a certification by the Commission under 
     section 504 for payment to an eligible candidate, the 
     Secretary determines that the monies in the Senate Election 
     Campaign Fund are not, or may not be, sufficient to satisfy 
     the full entitlement of all eligible candidates, the 
     Secretary shall withhold from the amount of such payment such 
     amount as the Secretary determines to be necessary to assure 
     that each eligible candidate will receive the same pro rata 
     share of such candidate's full entitlement.
       ``(2) Amounts withheld under subparagraph (A) shall be paid 
     when the Secretary determines that there are sufficient 
     monies in the Fund to pay all, or a portion thereof, to all 
     eligible candidates from whom amounts have been withheld, 
     except that if only a portion is to be paid, it shall be paid 
     in such manner that each eligible candidate receives an equal 
     pro rata share of such portion.
       ``(3)(A) Not later than December 31 of any calendar year 
     preceding a calendar year in which there is a regularly 
     scheduled general election, the Secretary, after consultation 
     with the Commission, shall make an estimate of--
       ``(i) the amount of monies in the Fund which will be 
     available to make payments required by this title in the 
     succeeding calendar year; and
       ``(ii) the amount of payments which will be required under 
     this title in such calendar year.
       ``(B) If the Secretary determines that there will be 
     insufficient monies in the Fund to make the payments required 
     by this title for any calendar year, the Secretary shall 
     notify each candidate on January 1 of such calendar year (or, 
     if later, the date on which an individual becomes a 
     candidate) of the amount which the Secretary estimates will 
     be the pro rata reduction in each eligible candidate's 
     payments under this subsection. Such notice shall be by 
     registered mail.
       ``(C) The amount of the eligible candidate's contribution 
     limit under section 501(c)(1)(C)(iii) shall be increased by 
     the amount of the estimated pro rata reduction.
       ``(4) The Secretary shall notify the Commission and each 
     eligible candidate by registered mail of any actual reduction 
     in the amount of any payment by reason of this subsection. If 
     the amount of the reduction exceeds the amount estimated 
     under paragraph (3), the candidate's contribution limit under 
     section 501(c)(1)(C)(iii) shall be increased by the amount of 
     such excess.
       ``(d) Excess Payments; Revocation of Status.--(1) If the 
     Commission determines that payments were made to an eligible 
     candidate under this title in excess of the aggregate amounts 
     to which such candidate was entitled, the Commission shall so 
     notify such candidate, and such candidate shall pay to the 
     Secretary an amount equal to the excess.
       ``(2) If the Commission revokes the certification of a 
     candidate as an eligible candidate under section 504(a)(1), 
     the Commission shall notify the candidate, and the candidate 
     shall pay to the Secretary an amount equal to 200 percent of 
     the amount of any benefit made available to the candidate 
     under this title.
       ``(e) Deposits.--The Secretary shall deposit all payments 
     received under this section into the Senate Election Campaign 
     Fund.
       ``(f) Appropriations.--Any fees collected or fines imposed 
     by the Commission under this Act are hereby appropriated for 
     deposit in the Fund for use in carrying out the purposes of 
     this title.

     ``SEC. 506. DEFINITIONS.

       ``In this title--
       ``(1) except as otherwise provided in this title, the 
     definitions under section 301 shall apply for purposes of 
     this title insofar as such definitions relate to elections to 
     the office of Senator;
       ``(2) the term `eligible candidate' means a candidate who 
     is eligible under section 501 to receive benefits under this 
     title;
       ``(3) the terms `Senate Election Campaign Fund' and `Fund' 
     mean the Senate Election Campaign Fund established under 
     section 505;
       ``(4) the term `general election' means any election which 
     will directly result in the election of a person to the 
     office of Senator, but does not include an open primary 
     election;
       ``(5) the term `general election period' means, with 
     respect to any candidate, the period beginning on the day 
     after the date of the primary or runoff election for the 
     specific office the candidate is seeking, whichever is later, 
     and ending on the earlier of--
       ``(A) the date of such general election; or
       ``(B) the date on which the candidate withdraws from the 
     campaign or otherwise ceases actively to seek election;
       ``(6) the term `immediate family' means--
       ``(A) a candidate's spouse;
       ``(B) a child, stepchild, parent, grandparent, brother, 
     half-brother, sister or half-sister of the candidate or the 
     candidate's spouse; and
       ``(C) the spouse of any person described in subparagraph 
     (B);
       ``(7) the term `major party' has the meaning given such 
     term in section 9002(6) of the Internal Revenue Code of 1986, 
     except that if a candidate qualified under State law for the

[[Page 5112]]

     ballot in a general election in an open primary in which all 
     the candidates for the office participated and which resulted 
     in the candidate and at least one other candidate qualifying 
     for the ballot in the general election, such candidate shall 
     be treated as a candidate of a major party for purposes of 
     this title;
       ``(8) the term `primary election' means an election which 
     may result in the selection of a candidate for the ballot in 
     a general election for the office of Senator;
       ``(9) the term `primary election period' means, with 
     respect to any candidate, the period beginning on the day 
     following the date of the last election for the specific 
     office the candidate is seeking and ending on the earlier 
     of--
       ``(A) the date of the first primary election for that 
     office following the last general election for that office; 
     or
       ``(B) the date on which the candidate withdraws from the 
     election or otherwise ceases actively to seek election;
       ``(10) the term `runoff election' means an election held 
     after a primary election which is prescribed by applicable 
     State law as the means for deciding which candidate will be 
     on the ballot in the general election for the office of 
     Senator;
       ``(11) the term `runoff election period' means, with 
     respect to any candidate, the period beginning on the day 
     following the date of the last primary election for the 
     specific office such candidate is seeking and ending on the 
     date of the runoff election for such office;
       ``(12) the term `voting age population' means the resident 
     population, 18 years of age or older, as certified pursuant 
     to section 315(e); and
       ``(13) the term `expenditure' has the meaning given such 
     term by section 301(9), except that in determining any 
     expenditures made by, or on behalf of, a candidate or 
     candidate's authorized committees, section 301(9)(B) shall be 
     applied without regard to clause (ii) or (vi) thereof.''.
       (b) Effective Dates.--(1) Except as provided in this 
     subsection, the amendment made by subsection (a) shall apply 
     to elections occurring after December 31, 2001.
       (2) For purposes of any expenditure or contribution limit 
     imposed by the amendment made by subsection (a)--
       (A) no expenditure made before January 1, 2002, shall be 
     taken into account, except that there shall be taken into 
     account any such expenditure for goods or services to be 
     provided after such date; and
       (B) all cash, cash items, and Government securities on hand 
     as of January 1, 2002, shall be taken into account in 
     determining whether the contribution limit is met, except 
     that there shall not be taken into account amounts used 
     during the 60-day period beginning on January 1, 2002, to pay 
     for expenditures which were incurred (but unpaid) before such 
     date.
       (c) Effect of Invalidity on Other Provisions of Act.--If 
     title V of the Federal Election Campaign Act of 1971 (as 
     added by this section), or any part thereof, is held to be 
     invalid, all provisions of, and amendments made by, this 
     title shall be treated as invalid.

     SEC. 502. NOTIFICATION REQUIREMENTS.

       The Federal Election Commission shall promulgate such 
     regulations as necessary to allow the Federal Election 
     Commission to notify eligible candidates (as defined in 
     section 506 of the Federal Election Campaign Act of 1971, as 
     added by section 501) of the expenditures and contributions 
     of an opposing candidate in the same election in a timely 
     manner for purposes of determining the payment amount under 
     section 503 of such Act, as so added.

     SEC. 503. NONSEVERABILITY.

       (a) In General.--If any provision of, or amendment made by, 
     this Act that is described in subsection (b), or the 
     application of such provision or amendment to any person or 
     circumstance, is held to be unconstitutional, the provisions 
     of, and amendments made by, this title, and the application 
     of such provisions and amendments to any person or 
     circumstance, shall be invalid.
       (b) Provisions.--A provision or amendment described in this 
     subsection is a provision or amendment contained in any of 
     the following sections:
       (1) Section 201.
       (2) Section 202.
       (3) Section 203.
       (4) Section 204.
                                  ____

  SA 156. Mr. FRIST (for himself and Mr. Breaux) proposed an amendment 
to the bill S. 27, to amend the Federal Election Campaign Act of 1971 
to provide bipartisan campaign reform; as follows:

       On page 37, strike lines 18 through 24 and insert the 
     following:
       (a) In General.--Except as provided in subsection (b), 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.
       (b) Nonseverability of Certain Provisions.--
       (1) In general.--If one of the provisions of, or amendments 
     made by, this Act that is described in paragraph (2), or if 
     the application of any such provision or amendment to any 
     person or circumstance, is held to be unconstitutional, then 
     all the provisions and amendments described in paragraph (2) 
     shall be invalid.
       (2) Nonseverable provisions.--A provision or amendment 
     described in this paragraph is a provision or amendment 
     contained in any of the following sections:
       (A) Section 101, except for section 323(d) of the Federal 
     Election Campaign Act of 1971, as added by such section.
       (B) Section 103(b).
       (C) Section 201.
       (D) Section 203.
       (c) Judicial Review.--
       (1) Expedited review.--Any Member of Congress, candidate, 
     national committee of a political party, or any person 
     adversely affected by any provision of, or amendment made by, 
     this Act, or the application of such a provision or amendment 
     to any person or circumstance, may bring an action, in the 
     United States District Court for the District of Columbia, 
     for declaratory judgment and injunctive relief on the ground 
     that such provision or amendment violates the Constitution.
       (2) Appeal to supreme court.--Notwithstanding any other 
     provision of law, any order of the United States District 
     Court for the District of Columbia granting or denying an 
     injunction regarding, or finally disposing of, an action 
     brought under paragraph (1) shall be reviewable by appeal 
     directly to the Supreme Court of the United States. Any such 
     appeal shall be taken by a notice of appeal filed within 10 
     calendar days after such order is entered; and the 
     jurisdictional statement shall be filed within 30 calendar 
     days after such order is entered.
       (3) Expedited consideration.--It shall be the duty of the 
     District Court for the District of Columbia and the Supreme 
     Court of the United States to advance on the docket and to 
     expedite to the greatest possible extent the disposition of 
     any matter brought under paragraph (1).
       (4) Applicability.--This subsection shall apply only with 
     respect to any action filed under paragraph (1) not later 
     than 30 days after the effective date of this Act.
                                  ____

  SA 157. Mr. BINGAMAN proposed an amendment to the bill S. 27, to 
amend the Federal Election Campaign Act of 1971 to provide bipartisan 
campaign reform; as follows:

       On page 37, between lines 14 and 15, insert the following:

     SEC. __. DONATIONS TO PRESIDENTIAL INAUGURAL COMMITTEE.

       (a) In General.--Chapter 5 of title 36, United States Code, 
     is amended by--
       (1) redesignating section 510 as section 511; and
       (2) inserting after section 509 the following:

     ``Sec. 510. Disclosure of and prohibition on certain 
       donations.

       ``(a) In general.--A committee shall not be considered to 
     be the Inaugural Committee for purposes of this chapter 
     unless the committee agrees to, and meets, the requirements 
     of subsections (b) and (c).
       ``(b) Disclosure.--
       ``(1) In general.--Not later than the date that is 90 days 
     after the date of the Presidential inaugural ceremony, the 
     committee shall file a report with the Federal Election 
     Commission disclosing any donation of money or anything of 
     value made to the committee in an aggregate amount equal to 
     or greater than $200.
       ``(2) Contents of report.--A report filed under paragraph 
     (1) shall contain--
       ``(A) the amount of the donation;
       ``(B) the date the donation is received; and
       ``(C) the name and address of the person making the 
     donation.
       ``(c) Limitation.--The committee shall not accept any 
     donation from a foreign national (as defined in section 
     319(b) of the Federal Election Campaign Act of 1971 (2 U.S.C. 
     441e(b))).''.
       (b) Reports Made Available by FEC.--Section 304 of the 
     Federal Election Campaign Act of 1971 (2 U.S.C. 434), as 
     amended by sections 103 and 201, is amended by adding at the 
     end the following:
       ``(g) Reports From Inaugural Committees.--The Federal 
     Election Committee shall make any report filed by an 
     Inaugural Committee under section 510 of title 36, United 
     States Code, accessible to the public at the offices of the 
     Commission and on the Internet not later than 48 hours after 
     the report is received by the Commission.''.
                                  ____

  SA 158. Mr. BINGAMAN proposed an amendment to the bill S. 27, to 
amend the Federal Election Campaign Act of 1971 to provide bipartisan 
campaign reform; as follows:

       On page 37, between lines 14 and 15, insert the following:

[[Page 5113]]



     SEC. __. OPPORTUNITY OF CANDIDATES TO RESPOND TO NEGATIVE 
                   POLITICAL ADVERTISEMENTS SPONSORED BY 
                   NONCANDIDATES.

       Section 315 of the Communications Act of 1934 (47 U.S.C. 
     315), as amended by this Act, is amended--
       (1) by redesignating subsections (b), (c), (d), (e), and 
     (f) as subsections (c), (d), (e), (f), and (g), respectively; 
     and
       (2) by inserting after subsection (a) the following:
       ``(b) Political Advertisements of Noncandidates.--
       ``(1) In general.--If any licensee permits a person, other 
     than a legally qualified candidate for Federal office (or an 
     authorized committee of that candidate), to use a 
     broadcasting station during the period described in paragraph 
     (2) to attack or oppose (as defined in paragraph (3)) a 
     clearly identified candidate (as defined in section 301 of 
     the Federal Election Campaign Act of 1971) for Federal 
     office, the broadcasting station shall, within a reasonable 
     period of time, make available to such candidate the 
     opportunity to use the broadcasting station, without charge, 
     for the same amount of time during the same period of the day 
     and week as was used by such person.
       ``(2) Period described.--The period described in this 
     paragraph is--
       ``(A) with respect to a general, special, or runoff 
     election for such Federal office, the 60-day period preceding 
     such election; or
       ``(B) with respect to 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, 
     the 30-day period preceding such election, convention, or 
     caucus.
       ``(3) Attack or oppose defined.--The term `attack or 
     oppose' means, with respect to a clearly identified 
     candidate--
       ``(A) any expression of unmistakable and unambiguous 
     opposition to the candidate; or
       ``(B) any communication that contains a phrase such as 
     `vote against', `defeat', or `reject', or a campaign slogan 
     or words that, when taken as a whole, and with limited 
     reference to external events (such as proximity to an 
     election) can have no reasonable meaning other than to 
     advocate the defeat of one or more clearly identified 
     candidates, regardless of whether or not the communication 
     expressly advocates a vote against the candidate.''.
                                  ____

  SA 159. Mr. NELSON of Florida proposed an amendment to the bill S. 
27, to amend the Federal Election Campaign Act of 1971 to provide 
bipartisan campaign reform; as follows:

       On page 37, between lines 14 and 15, insert the following:

     SEC. __. PROHIBITION ON FRAUDULENT SOLICITATION OF FUNDS.

       Section 322 of the Federal Election Campaign Act of 1971 (2 
     U.S.C. 441h) is amended--
       (1) by inserting ``(a) In General.--'' before ``No 
     person'';
       (2) by adding at the end the following:
       ``(b) Fraudulent Solicitation of Funds.--No person shall--
       ``(1) fraudulently misrepresent the person as speaking, 
     writing, or otherwise acting for or on behalf of any 
     candidate or political party or employee or agent thereof for 
     the purpose of soliciting contributions or donations; or
       ``(2) willfully and knowingly participate in or conspire to 
     participate in any plan, scheme, or design to violate 
     paragraph (1).''.
                                  ____

  SA 160. Mr. KERRY proposed an amendment to the bill S. 27, to amend 
the Federal Election Campaign Act of 1971 to provide bipartisan 
campaign reform; as follows:

       On page 37, between lines 14 and 15, insert the following:

     SEC. 305. STUDY AND REPORT ON CLEAN MONEY CLEAN ELECTIONS 
                   LAWS.

       (a) Clean Money Clean Elections Defined.--In this section, 
     the term ``clean money clean elections'' means funds received 
     under State laws that provide in whole or in part for the 
     public financing of election campaigns.
       (b) Study.--
       (1) In general.--The Comptroller General of the United 
     States shall conduct a study of the clean money clean 
     elections of Arizona and Maine.
       (2) Matters studied.--
       (A) Statistics on clean money clean elections candidates.--
     The Comptroller General of the United States shall 
     determine--
       (i) the number of candidates who have chosen to run for 
     public office with clean money clean elections including--

       (I) the office for which they were candidates;
       (II) whether the candidate was an incumbent or a 
     challenger; and
       (III) whether the candidate was successful in the 
     candidate's bid for public office; and

       (ii) the number of races in which at least one candidate 
     ran an election with clean money clean elections.
       (B) Effects of clean money clean elections.--The 
     Comptroller General of the United States shall describe the 
     effects of public financing under the clean money clean 
     elections laws on the 2000 elections in Arizona and Maine.
       (c) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall submit a report to the Congress detailing the 
     results of the study conducted under subsection (b).
                                  ____

  SA 161. Mr. LEVIN (for himself, Mr. Ensign, Mrs. Clinton, Mr. Dorgan, 
Mr. Nelson of Nebraska, and Mr. Reid) proposed an amendment to the bill 
S. 27, to amend the Federal Election Campaign Act of 1971 to provide 
bipartisan campaign reform; as follows:

       Beginning on page 3, strike line 12 and all that follows 
     through page 4, line 4, and insert the following:
       ``(b) State, District, and Local Committees.--
       ``(1) In general.--Except as provided in paragraph (2), an 
     amount that is expended or disbursed for Federal election 
     activity by a State, district, or local committee of a 
     political party (including an entity that is directly or 
     indirectly 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), or by an entity directly or indirectly established, 
     financed, maintained, or controlled by or acting on behalf of 
     1 or more candidates for State or local office, or 
     individuals holding State or local office, shall be made from 
     funds subject to the limitations, prohibitions, and reporting 
     requirements of this Act. Nothing in this subsection shall 
     prevent a principal campaign committee of a candidate for 
     State or local office from raising and spending funds 
     permitted under applicable State law other than for a Federal 
     election activity that refers to a clearly identified 
     candidate for election to Federal office.
       ``(2) Applicability.--
       ``(A) In general.--Notwithstanding clause (i) or (ii) of 
     section 301(20)(A), and subject to subparagraph (B), 
     paragraph (1) shall not apply to any amount expended or 
     disbursed by a State, district, or local committee of a 
     political party for an activity described in either such 
     clause to the extent the costs of such activity are allocated 
     under regulations prescribed by the Commission as costs that 
     may be paid from funds not subject to the limitations, 
     prohibitions, and reporting requirements of this Act.
       ``(B) Conditions.--Subparagraph (A) shall only apply if--
       ``(i) the activity does not refer to a clearly identified 
     candidate for Federal office; and
       ``(ii) the costs described in subparagraph (A) are paid 
     directly or indirectly from amounts donated in accordance 
     with State law, except that no person (and any person 
     established, financed, maintained, or controlled by such 
     person) may donate more than $10,000 to a State, district or 
     local committee of a political party in a calendar year to be 
     used for the costs described in subparagraph (A).
                                  ____

  SA 162. Mr. DURBIN (for himself and Mr. Cochran) proposed an 
amendment to the bill S. 27, to amend the Federal Election Campaign Act 
of 1971 to provide bipartisan campaign reform; as follows:

       On page 37, between lines 14 and 15, insert the following:

     SEC.  . CLARITY STANDARDS FOR IDENTIFICATION OF SPONSORS OF 
                   ELECTION-RELATED 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
       (iv) by inserting `or makes a disbursement for an 
     electioneering communication (as defined in section 
     304(d)(3))'' after ``public political advertising''
       (B) in paragraph (3), by inserting `and permanent street 
     address, telephone number, or World Wide Web address'' after 
     `name''; and
       (2) by adding at the end the following:
       `(c) Specification.--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) Additional Requirements.--
       `(1) Audio statement.--
       (A) Candidate.--Any communication described in paragraphs 
     (1) or (2) of subsection (a) which is transmitted through 
     radio or television shall include, in addition to the 
     requirements of that paragraph, an audio

[[Page 5114]]

     statement by the candidate that identifies the candidate and 
     states that the candidate has approved the communication.
       `(B) Other persons.--Any communication described in 
     paragraph (3) of subsection (a) which is transmitted through 
     radio or television shall include, in addition to the 
     requirements of that paragraph, in a clearly spoken manner, 
     the following statement: `XXXXXXXX is responsible for the 
     content of this advertising.' (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 transmitted through 
     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.'.
       `(2) Television.--If a communication described in paragraph 
     (1)(A) is transmitted through 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.'.

     SEC.  . SEVERABILITY.

       If this amendment or the application of this 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 amendments to any 
     person or circumstance, shall not be affected by the holding.
                                  ____

  SA 163. Mr. THOMPSON (for himself, Mr. Lieberman, Ms. Collins, Mr. 
Leahy, Mr. Jeffords, and Mr. Dodd) proposed an amendment to the bill S. 
27, to amend the Federal Election Campaign Act of 1971 to provide 
bipartisan campaign reform; as follows:

       On page 37, between lines 14 and 15, insert the following:

     SEC. __. INCREASE IN PENALTIES.

       (a) In General.--Subparagraph (A) of section 309(d)(1) of 
     the Federal Election Campaign Act of 1971 (2 U.S.C. 
     437g(d)(1)(A)) is amended to read as follows:
       ``(A) Any person who knowingly and willfully commits a 
     violation of any provision of this Act which involves the 
     making, receiving, or reporting of any contribution, 
     donation, or expenditure--
       ``(i) aggregating $25,000 or more during a calendar year 
     shall be fined under title 18, United States Code, or 
     imprisoned for not more than 5 years, or both; or
       ``(ii) aggregating $2,000 or more (but less than $25,000) 
     during a calendar year shall be fined under such title, or 
     imprisoned for not more than one year, or both.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to violations occurring on or after the date of 
     enactment of this Act.

     SEC. __. STATUTE OF LIMITATIONS.

       (a) In General.--Section 406(a) of the Federal Election 
     Campaign Act of 1971 (2 U.S.C. 455(a)) is amended by striking 
     ``3'' and inserting ``5''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to violations occurring on or after the date of 
     enactment of this Act.

     SEC. __. SENTENCING GUIDELINES.

       (a) In General.--The United States Sentencing Commission 
     shall--
       (1) promulgate a guideline, or amend an existing guideline 
     under section 994 of title 28, United States Code, in 
     accordance with paragraph (2), for penalties for violations 
     of the Federal Election Campaign Act of 1971 and related 
     election laws; and
       (2) submit to Congress an explanation of any guidelines 
     promulgated under paragraph (1) and any legislative or 
     administrative recommendations regarding enforcement of the 
     Federal Election Campaign Act of 1971 and related election 
     laws.
       (b) Considerations.--The Commission shall provide 
     guidelines under subsection (a) taking into account the 
     following considerations:
       (1) Ensure that the sentencing guidelines and policy 
     statements reflect the serious nature of such violations and 
     the need for aggressive and appropriate law enforcement 
     action to prevent such violations.
       (2) Provide a sentencing enhancement for any person 
     convicted of such violation if such violation involves--
       (A) a contribution, donation, or expenditure from a foreign 
     source;
       (B) a large number of illegal transactions;
       (C) a large aggregate amount of illegal contributions, 
     donations, or expenditures;
       (D) the receipt or disbursement of governmental funds; and
       (E) an intent to achieve a benefit from the Government.
       (3) Provide a sentencing enhancement for any violation by a 
     person who is a candidate or a high-ranking campaign official 
     for such candidate.
       (4) Assure reasonable consistency with other relevant 
     directives and guidelines of the Commission.
       (5) Account for aggravating or mitigating circumstances 
     that might justify exceptions, including circumstances for 
     which the sentencing guidelines currently provide sentencing 
     enhancements.
       (6) Assure the guidelines adequately meet the purposes of 
     sentencing under section 3553(a)(2) of title 18, United 
     States Code.
       (c) Effective Date; Emergency Authority To Promulgate 
     Guidelines.--
       (1) Effective date.--Notwithstanding section 402, the 
     United States Sentencing Commission shall promulgate 
     guidelines under this section not later than the later of--
       (A) 90 days after the date of enactment of this Act; or
       (B) 90 days after the date on which at least a majority of 
     the members of the Commission are appointed and holding 
     office.
       (2) Emergency authority to promulgate guidelines.--The 
     Commission shall promulgate guidelines under this section in 
     accordance with the procedures set forth in section 21(a) of 
     the Sentencing Reform Act of 1987, as though the authority 
     under such Act has not expired.
                                  ____

  SA 164. Mr. REED proposed an amendment to the bill S. 27, to amend 
the Federal Election Campaign Act of 1971 to provide bipartisan 
campaign reform; as follows:
       On page 37, between line 14 and 15, insert 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 institute an 
     audit or investigation of a candidate's authorized committee 
     under subparagraph (A) until the candidate is no longer an 
     active candidate for the office sought by the candidate in 
     that 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''.

     SEC. __. AUTHORITY TO SEEK INJUNCTION.

       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) Authority to seek injunction.--
       ``(A) In general.--If, at any time in a proceeding 
     described in paragraph (1), (2), (3), or (4), the Commission 
     believes that--
       ``(i) there is a substantial likelihood that a violation of 
     this Act is occurring or is about to occur;
       ``(ii) the failure to act expeditiously will result in 
     irreparable harm to a party affected by the potential 
     violation;
       ``(iii) expeditious action will not cause undue harm or 
     prejudice to the interests of others; and
       ``(iv) the public interest would be best served by the 
     issuance of an injunction;
     the Commission may initiate a civil action for a temporary 
     restraining order or a preliminary injunction pending the 
     outcome of the proceedings described in paragraphs (1), (2), 
     (3), and (4).
       ``(B) Venue.--An action under subparagraph (A) shall be 
     brought in the United States district court for the district 
     in which the defendant resides, transacts business, or may be 
     found, or in which the violation is occurring, has occurred, 
     or is about to occur.'';
       (2) in paragraph (7), by striking ``(5) or (6)'' and 
     inserting ``(5), (6), or (13)''; and
       (3) in paragraph (11), by striking ``(6)'' and inserting 
     ``(6) or (13)''.

     SEC. __. INCREASE IN PENALTY FOR KNOWING AND WILLFUL 
                   VIOLATIONS.

       Section 309(a)(5)(B) of the Federal Election Campaign Act 
     of 1971 (2 U.S.C. 437g(a)(5)(B)) is amended by striking ``the 
     greater of $10,000 or an amount equal to 200 percent'' and 
     inserting ``the greater of $15,000 or an amount equal to 300 
     percent''.

     SEC. __. 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 
     committee of a political party, use the name of any candidate 
     in any activity on behalf of such committee in such a context 
     as to suggest that the committee is an authorized committee 
     of the candidate or that

[[Page 5115]]

     the use of the candidate's name has been authorized by the 
     candidate.''.

     SEC. __. EXPEDITED PROCEDURES.

       Section 309(a) of the Federal Election Campaign Act of 1971 
     (2 U.S.C. 437g(a)), as amended by this Act, is amended by 
     adding at the end the following:
       ``(14) Expedited procedure.--
       ``(A) 60 days preceding an election.--If the complaint in a 
     proceeding is filed within 60 days immediately preceding a 
     general election, the Commission may take action described in 
     this paragraph.
       ``(B) Resolution before election.--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 and it 
     appears that the requirements for relief stated in clauses 
     (ii), (iii), and (iv) of paragraph (13)(A) are met, 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, 
     immediately seek relief under paragraph (13)(A).
       ``(C) Complaint without merit.--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.''.

     SEC. __. AUTHORIZATION OF APPROPRIATIONS FOR FEDERAL ELECTION 
                   COMMISSION.

       Section 314 of the Federal Election Campaign Act of 1971 (2 
     U.S.C. 439c) is amended--
       (1) by inserting ``(a)'' before ``There'';
       (2) in the second sentence--
       (A) by striking ``and'' after ``1978,''; and
       (B) by striking the period at the end and inserting the 
     following: ``, and $80,000,000 (as adjusted under subsection 
     (b)) for each fiscal year beginning after September 30, 
     2001.''; and
       (3) by adding at the end the following:
       ``(b) The $80,000,000 under subsection (a) shall be 
     increased with respect to each fiscal year based on the 
     increase in the price index determined under section 315(c) 
     for the calendar year in which such fiscal year begins, 
     except that the base period shall be calendar year 2000.''.

     SEC. __. EXPEDITED REFERRALS 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 the Internal Revenue Code 
     of 1986, to the Attorney General of the United States, 
     without regard to any limitation set forth in this 
     section.''.

                          ____________________