2000
[DOCID: f:s17is.txt]
107th CONGRESS
1st Session
S. 17
To amend the Federal Election Campaign Act of 1971 to provide
bipartisan campaign reform.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 22, 2001
Mr. Daschle (for himself, Mr. Dodd, Mr. Lieberman, Mr. Dorgan, Mr.
Durbin, Mr. Biden, Mrs. Boxer, Mrs. Clinton, Mr. Corzine, Mr. Harkin,
Mr. Johnson, Mr. Kennedy, Mr. Leahy, Ms. Mikulski, Mr. Rockefeller, Mr.
Sarbanes, Mr. Schumer, Mr. Akaka, and Mr. Kerry) introduced the
following bill; which was read twice and referred to the Committee on
Rules and Administration
_______________________________________________________________________
A BILL
To amend the Federal Election Campaign Act of 1971 to provide
bipartisan campaign reform.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Federal Elections
Reform Act of 2001''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--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.
TITLE II--INDEPENDENT AND COORDINATED EXPENDITURES
Sec. 201. Definitions.
Sec. 202. Express advocacy determined without regard to background
music.
Sec. 203. Civil penalty.
Sec. 204. Reporting requirements for certain independent expenditures.
Sec. 205. Independent versus coordinated expenditures by party.
Sec. 206. Coordination with candidates.
TITLE III--DISCLOSURE
Sec. 301. Audits.
Sec. 302. Reporting requirements for contributions of $50 or more.
Sec. 303. Use of candidates' names.
Sec. 304. Prohibition of false representation to solicit contributions.
Sec. 305. Campaign advertising.
TITLE IV--MISCELLANEOUS
Sec. 401. Codification of Beck decision.
Sec. 402. Use of contributed amounts for certain purposes.
Sec. 403. Limit on congressional use of the franking privilege.
Sec. 404. Prohibition of fundraising on Federal property.
Sec. 405. Penalties for violations.
Sec. 406. Strengthening foreign money ban.
Sec. 407. Prohibition of contributions by minors.
Sec. 408. Expedited procedures.
Sec. 409. Initiation of enforcement proceeding.
Sec. 410. Protecting equal participation of eligible voters in
campaigns and elections.
Sec. 411. Penalty for violation of prohibition against foreign
contributions.
Sec. 412. Expedited court review of certain alleged violations of
Federal Election Campaign Act of 1971.
Sec. 413. Conspiracy to violate presidential campaign spending limits.
Sec. 414. Deposit of certain contributions and donations in Treasury
account.
Sec. 415. Establishment of a clearinghouse of information on political
activities within the Federal Election
Commission.
Sec. 416. Enforcement of spending limit on presidential and vice
presidential candidates who receive public
financing.
Sec. 417. Clarification of right of nationals of the United States to
make political contributions.
Sec. 418. Prohibiting use of White House meals and accommodations for
political fundraising.
Sec. 419. Prohibition against acceptance or solicitation to obtain
access to certain Federal government
property.
Sec. 420. Requiring national parties to reimburse at cost for use of
Air Force One for political fundraising.
Sec. 421. Enhancing enforcement of campaign finance law.
Sec. 422. Ban on coordination of soft money for issue advocacy by
presidential candidates receiving public
financing.
Sec. 423. Requirement that names of passengers on Air Force One and Air
Force Two be made available through the
Internet.
TITLE V--ELECTION ADMINISTRATION AND TECHNOLOGY
Sec. 501. Findings.
Subtitle A--Establishment of Commission on Voting Rights and Procedures
Sec. 511. Establishment.
Sec. 512. Membership of the Commission.
Sec. 513. Duties of the Commission.
Sec. 514. Powers of the Commission.
Sec. 515. Personnel matters.
Sec. 516. Termination of the Commission.
Sec. 517. Authorization of appropriations for the Commission.
Subtitle B--Grant Program
Sec. 521. Establishment of grant program.
Sec. 522. Authorized activities.
Sec. 523. General policies and criteria.
Sec. 524. Submission of State plans.
Sec. 525. Approval of State plans.
Sec. 526. Federal matching funds.
Sec. 527. Audits and examinations.
Sec. 528. Reports.
Sec. 529. State defined.
Sec. 530. Authorization of appropriations.
Subtitle C--Miscellaneous
Sec. 541. Relationship to other laws.
TITLE VI--MILITARY VOTING
Sec. 601. Short title.
Sec. 602. Guarantee of residency.
Sec. 603. State responsibility to guarantee military voting rights.
TITLE VII--SEVERABILITY; CONSTITUTIONALITY; EFFECTIVE DATE; REGULATIONS
Sec. 701. Severability.
Sec. 702. Review of constitutional issues.
Sec. 703. Effective date.
Sec. 704. Regulations.
TITLE I--REDUCTION OF SPECIAL INTEREST INFLUENCE
SEC. 101. SOFT MONEY OF POLITICAL PARTIES.
(a) In General.--Title III of the Federal Election Campaign Act of
1971 (2 U.S.C. 431 et seq.) is amended by adding at the end the
following:
``SEC. 323. 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
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
2000
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, 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
Commissioner of the Internal Revenue Service for determination of tax-
exemption under such section).
``(e) Candidates.--
``(1) In general.--A candidate, individual holding Federal
office, agent of a candidate or individual holding Federal
office, or an entity directly or indirectly established,
financed, maintained or controlled by or acting on behalf of
one or more candidates or individuals holding Federal office,
shall not--
``(A) solicit, receive, direct, transfer, or spend
funds in connection with an election for Federal
office, including funds for any Federal election
activity, unless the funds are subject to the
limitations, prohibitions, and reporting requirements
of this Act; or
``(B) solicit, receive, direct, transfer, or spend
funds in connection with any election other than an
election for Federal office or disburse funds in
connection with such an election unless the funds--
``(i) are not in excess of the amounts
permitted with respect to contributions to
candidates and political committees under
paragraphs (1) and (2) of section 315(a); and
``(ii) are not from sources prohibited by
this Act from making contributions with respect
to an election for Federal office.
``(2) State law.--Paragraph (1) does not apply to the
solicitation, receipt, or spending of funds by an individual
who is a candidate for a State or local office in connection
with such election for State or local office if the
solicitation, receipt, or spending of funds is permitted under
State law for any activity other than a Federal election
activity.
``(3) Fundraising events.--Notwithstanding paragraph (1), a
candidate may attend, speak, or be a featured guest at a
fundraising event for a State, district, or local committee of a
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 further 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. 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
2000
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 204, is
amended by inserting after subsection (f) the following:
``(g) 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 323
applies.--In addition to any other reporting requirements
applicable under this Act, a political committee (not described
in paragraph (1)) to which section 323(b)(1) applies shall
report all receipts and disbursements made for activities
described in paragraphs (2)(A) and (2)(B)(v) of section 323(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 (xv) as clauses
(viii) through (xiv), respectively.
TITLE II--INDEPENDENT AND COORDINATED EXPENDITURES
SEC. 201. DEFINITIONS.
(a) 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.--
``(A) In general.--The term `independent
expenditure' means an expenditure by a person--
``(i) for a communication that is express
advocacy; and
``(ii) that is not coordinated activity or
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.''.
(b) Definition of Express Advocacy.--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) Express advocacy.--
``(A) In general.--The term `express advocacy'
means a communication that advocates the election or
defeat of a candidate by--
``(i) containing a phrase such as `vote
for', `re-elect', `support', `cast your ballot
for', `(name of candidate) for Congress',
`(name of candidate) in 1997', `vote against',
`defeat', `reject', or a campaign slogan or
words that in context can have no reasonable
meaning other than to advocate the election or
defeat of one or more clearly identified
candidates;
``(ii) referring to one or more clearly
identified candidates in a paid advertisement
that is transmitted through radio or television
within 60 calendar days preceding the date of
an election of the candidate and that appears
in the State in which the election is
occurring, except that with respect to a
candidate for the office of Vice President or
President, the time period is within 60
calendar days preceding the date of a general
election; or
``(iii) expressing unmistakable and
unambiguous support for or opposition to one
or more clearly identified candidates when taken as a whole and with
limited reference to external events, such as proximity to an election.
``(B) Voting record and voting guide exception.--
The term `express advocacy' does not include a
communication which is in printed form or posted on the
Internet that--
``(i) presents information solely about the
voting record or position on a campaign issue
of one or more candidates (including any
statement by the sponsor of the voting record
or voting guide of its agreement or
disagreement with the record or position of a
candidate), so long as the voting record or
voting guide when taken as a whole does not
express unmistakable and unambiguous support
for or opposition to one or more clearly
identified candidates;
``(ii) is not coordinated activity or is
not made in coordination with a candidate,
political party, or agent of the candidate or
party, or a candidate's agent or a person who
is coordinating with a candidate or a
candidate's agent, except that nothing in this
clause may be construed to prevent the sponsor
of the voting guide from directing questions in
writing to a candidate about the candidate's
position on issues for purposes of preparing a
voter guide or to prevent the candidate from
responding in writing to such questions; and
``(iii) does not contain a phrase such as
`vote for', `re-elect', `support', `cast your
ballot for', `(name of candidate) for
Congress', `(name of candidate) in (year)',
`vote against', `defeat', or `reject', or a
campaign slogan or words that in context can
have no reasonable meaning other than to urge
the election or defeat of one or more clearly
identified candidates.''.
(c) Definition of Expenditure.--Section 301(9)(A) of the Federal
Election Campaign Act of 1971 (2 U.S.C. 431(9)(A)) is amended--
(1) in clause (i), by striking ``and'' at the end;
(2) in clause (ii), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(iii) a payment made by a political committee for a
communication that--
``(I) refers to a clearly identified candidate; and
``(II) is for the purpose of influencing a Federal
election (regardless of whether the communication is
express advocacy).''.
SEC. 202. EXPRESS ADVOCACY DETERMINED WITHOU
2000
T REGARD TO BACKGROUND
MUSIC.
Section 301(20) of the Federal Election Campaign Act of 1971 (2
U.S.C. 431(20)), as added by section 201(b), is amended by adding at
the end the following new subparagraph:
``(C) Background music.--In determining whether any
communication by television or radio broadcast
constitutes express advocacy for purposes of this Act,
there shall not be taken into account any background
music not including lyrics used in such broadcast.''.
SEC. 203. 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. 204. REPORTING REQUIREMENTS FOR CERTAIN INDEPENDENT EXPENDITURES.
Section 304 of the Federal Election Campaign Act of 1971 (2 U.S.C.
434) is amended--
(1) in subsection (c)(2), by striking the undesignated
matter after subparagraph (C);
(2) by redesignating paragraph (3) of subsection (c) as
subsection (e); and
(3) by inserting after subsection (e), as redesignated by
paragraph (2), the following:
``(f) 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. 205. 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 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. 206. 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) coordinated activity (as defined in
subparagraph (C)).''; and
(B) by adding at the end the following:
``(C) Coordinated activity.--The term `coordinated
activity' means anything of value provided by a person
in coordination with a candidate, an agent of the
candidate, or the political party of the candidate or
its agent for the purpose
2000
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 includes any of the following:
``(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, the political party of the
candidate, or an agent acting on behalf of a
candidate, authorized committee, or the
political party of the candidate.
``(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 (other than any discussion treated
as a lobbying contact under the Lobbying
Disclosure Act of 1995 in the case of a
candidate holding Federal office or as a
similar lobbying activity in the case of a
candidate holding State or other elective
office) 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 (including services
provided through a political committee of the
candidate's political party) 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
directly participated in fundraising activities
with the candidate or in the solicitation or
receipt of contributions on behalf of the
candidate.
``(viii) A payment made by a person who has
communicated with the candidate or an agent of
the candidate (including a communication
through a political committee of the
candidate's political party) 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.
``(ix) The provision of in-kind
professional services or polling data
(including services or data provided through a
political committee of the candidate's
political party) to the candidate or
candidate's agent.
``(x) A payment made by a person who has
engaged in a coordinated activity with a
candidate described in clauses (i) through (ix)
for a communication that clearly refers to the
candidate or the candidate's opponent and is
for the purpose of influencing that
candidates's election (regardless of whether
the communication is express advocacy).
``(D) Professional services.--For purposes of
subparagraph (C), the term `professional services'
means polling, media advice, fundraising, campaign
research or direct mail (except for mailhouse services
solely for the distribution of voter guides as defined
in section 301(20)(B)) services in support of a
candidate's pursuit of nomination for election, or
election, to Federal office.
``(E) Aggregation.--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) of the Federal
Election Campaign Act of 1971 (2 U.S.C. 441a(a)(7)) is amended
by striking subparagraph (B) and inserting the following:
``(B) a coordinated activity, as described in
section 301(8)(C), 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; and''.
(b) Meaning of Contribution or Expenditure for the Purposes of
Section 316.--Section 316
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(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''.
TITLE III--DISCLOSURE
SEC. 301. 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 striking ``(b) The Commission'' and inserting the
following:
``(b) Audits.--
``(1) In general.--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 four 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''.
SEC. 302. 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. 303. 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) Name of committee.--
``(A) Authorized committee.--The name of each authorized
committee shall include the name of the candidate who
authorized the committee under paragraph (1).
``(B) Other political committees.--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. 304. 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. 305. 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) 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 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:
`________________ 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 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.''.
TITLE IV--MISCELLANEOUS
SEC. 401. 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:
``(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
2000
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, a list of 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; and
``(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. 402. 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. 403. 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 the 180-day period which
ends on the date of the general election for the office
held by the Member or during the 90-day period which
ends on the date of any primary election for that
office, unless the Member has made a public
announcement that the Member will not be a candidate
for reelection during that year or for election to any
other Federal office.''.
SEC. 404. PROHIBITION OF FUNDRAISING ON FEDERAL PROPERTY.
Section 607 of title 18, United States Code, is amended--
(1) by 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
in connection with a Federal, State, or local election 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 in connection with a
Federal, State, or local election 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.''; and
(2) in subsection (b), by inserting ``or Executive Office
of the President'' after ``Congress''.
SEC. 405. PENALTIES FOR 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).''.
SEC. 406. STRENGTHENING FOREIGN MONEY BAN.
(a) In General.--Section 319 of the Federal Election Campaign Act
o
2000
f 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; or
``(B) a contribution or donation to a committee of
a political party; or
``(2) a person to solicit, accept, or receive such a
contribution or donation from a foreign national.''.
(b) Prohibiting Use of Willful Blindness as Defense Against Charge
of Violating Foreign Contribution Ban.--
(1) In general.--Section 319 of the Federal Election
Campaign Act of 1971 (2 U.S.C. 441e) is amended--
(A) by redesignating subsection (b) as subsection
(c); and
(B) by inserting after subsection (a) the following
new subsection:
``(b) Prohibiting Use of Willful Blindness Defense.--It shall not
be a defense to a violation of subsection (a) that the defendant did
not know that the contribution originated from a foreign national if
the defendant should have known that the contribution originated from a
foreign national, except that the trier of fact may not find that the
defendant should have known that the contribution originated from a
foreign national solely because of the name of the contributor.''.
(2) Effective date.--The amendments made by this subsection
shall apply with respect to violations occurring on or after
the date of enactment of this Act.
SEC. 407. 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 101, is amended by adding at the
end the following:
``SEC. 324. 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. 408. EXPEDITED PROCEDURES.
(a) In General.--Section 309(a) of the Federal Election Campaign
Act of 1971 (2 U.S.C. 437g(a)) is amended by adding at the end the
following:
``(13) Expedited procedure.--
``(A) In general.--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) Clear and convincing evidence exists.--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) 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.''.
(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) Referral to attorney general.--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.''.
SEC. 409. 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''.
SEC. 410. PROTECTING EQUAL PARTICIPATION OF ELIGIBLE VOTERS IN
CAMPAIGNS AND ELECTIONS.
Title III of the Federal Election Campaign Act of 1971 (2 U.S.C.
431 et seq.), as amended by sections 101 and 407, is amended by adding
at the end the following:
``SEC. 325. PROTECTING EQUAL PARTICIPATION OF ELIGIBLE VOTERS IN
CAMPAIGNS AND ELECTIONS.
``(a) In General.--Nothing in this Act may be construed to prohibit
any individual eligible to vote in an election for Federal office from
making contributions or expenditures in support of a candidate for such
an election (including voluntary contributions or expenditures made
through a separate segregated fund established by the individual's
employer or labor organization) or otherwise participating in any
campaign for such an election in the same manner and to the same extent
as any other individual eligible to vote in an election for such
office.
``(b) No Effect on Geographic Restrictions on Contributions.--
Subsection (a) may not be construed to affect any restriction under
this title regarding the portion of contributions accepted by a
candidate from persons residing in a particular geographic area.''.
SEC. 411. PENALTY FOR VIOLATION OF PROHIBITION AGAINST FOREIGN
CONTRIBUTIONS.
(a) In General.--Section 319 of the Federal Election Campaign Act
of 1971 (2 U.S.C. 441e), as amended by section 406(b), is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following:
``(c) Penalty.--
``(1) In general.--Except as provided in paragraph (2),
notwithstanding any other provision of this title, any person
who violates subsection (a) shall be sentenced to a term of
imprisonment which may not be more than 10 years, fined in an
amount not to exceed $1,000,000, or both.
``(2) Exception.--Paragraph (1) shall not apply with
respect to any violation of subsection (a) arising from a
contribution or donation made by an individual who is lawfully
admitted for permanent residence (as defined in section
101(a)(22) of the Immigration and Nationality Act).''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to violations occurring on or after the date of
enactment of this Act.
SEC. 412. EXPEDITED COURT REVIEW OF CERTAIN ALLEGED VIOLATIONS OF
FEDERAL ELECTION CAMPAIGN ACT OF 1971.
(a) In General.--Section 309 of the Federal Election Campaign Act
of 1971 (2 U.S.C. 437g) is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection:
``(d) Private Action.--
``(1) In general.--Notwithstanding any other provision of
this section, if a candidate (or the candidate's authorized
committee) believes that a violation described in paragraph (2)
has been committed with respect to an election during the 90-
day period preceding the date of the election,
2000
the candidate or
committee may institute a civil action on behalf of the
Commission for relief (including injunctive relief) against the
alleged violator in the same manner and under the same terms
and conditions as an action instituted by the Commission under
subsection (a)(6), except that the court involved shall issue a
decision regarding the action as soon as practicable after the
action is instituted and to the greatest extent possible issue
the decision prior to the date of the election involved.
``(2) Violations.--A violation described in this paragraph
is a violation of this Act or of chapter 95 or chapter 96 of
the Internal Revenue Code of 1986 relating to--
``(A) whether a contribution is in excess of an
applicable limit or is otherwise prohibited under this
Act; or
``(B) whether an expenditure is an independent
expenditure under section 301(17).''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to elections occurring after the date of enactment
of this Act.
SEC. 413. CONSPIRACY TO VIOLATE PRESIDENTIAL CAMPAIGN SPENDING LIMITS.
(a) In General.--Section 9003 of the Internal Revenue Code of 1986
(relating to condition for eligibility for payments) is amended by
adding at the end the following:
``(f) Prohibiting Conspiracy To Violate Limits.--
``(1) Violation of limits described.--If a candidate for
election to the office of President or Vice President who
receives amounts from the Presidential Election Campaign Fund
under chapter 95 or 96 of the Internal Revenue Code of 1986, or
the agent of such a candidate, seeks to avoid the spending
limits applicable to the candidate under such chapter or under
the Federal Election Campaign Act of 1971 by soliciting,
receiving, transferring, or directing funds from any source
other than such Fund for the direct or indirect benefit of such
candidate's campaign, such candidate or agent shall be fined
not more than $1,000,000, or imprisoned for a term of not more
than 3 years, or both.
``(2) Conspiracy to violate limits defined.--If two or more
persons conspire to commit a violation described in paragraph
(1), and one or more of such persons do any act to effect the
object of the conspiracy, each shall be fined not more than
$1,000,000, or imprisoned for a term of not more than 3 years,
or both.''.
(b) Effective Date.--The amendment made by this section shall apply
with respect to elections occurring on or after the date of enactment
of this Act.
SEC. 414. DEPOSIT OF CERTAIN CONTRIBUTIONS AND DONATIONS IN TREASURY
ACCOUNT.
(a) In General.--Title III of the Federal Election Campaign Act of
1971 (2 U.S.C. 431 et seq.), as amended by sections 101, 407, and 410,
is amended by adding at the end the following:
``SEC. 326. TREATMENT OF CERTAIN CONTRIBUTIONS AND DONATIONS RETURNED
TO DONORS.
``(a) Transfer to Commission.--
``(1) In general.--Notwithstanding any other provision of
this Act, if a political committee intends to return any
contribution or donation given to the political committee, the
committee shall transfer the contribution or donation to the Commission
if--
``(A) the contribution or donation is in an amount
equal to or greater than $500 (other than a
contribution or donation returned within 60 days of
receipt by the committee); or
``(B) the contribution or donation was made in
violation of section 315, 316, 317, 319, 320, or 325
(other than a contribution or donation returned within
30 days of receipt by the committee).
``(2) Information included with transferred contribution or
donation.--A political committee shall include with any
contribution or donation transferred under paragraph (1)--
``(A) a request that the Commission return the
contribution or donation to the person making the
contribution or donation; and
``(B) information regarding the circumstances
surrounding the making of the contribution or donation
and any opinion of the political committee concerning
whether the contribution or donation may have been made
in violation of this Act.
``(3) Establishment of escrow account.--
``(A) In general.--The Commission shall establish a
single interest-bearing escrow account for deposit of
amounts transferred under paragraph (1).
``(B) Disposition of amounts received.--On
receiving an amount from a political committee under
paragraph (1), the Commission shall--
``(i) deposit the amount in the escrow
account established under subparagraph (A); and
``(ii) notify the Attorney General and the
Commissioner of the Internal Revenue Service of
the receipt of the amount from the political
committee.
``(C) Use of interest.--Interest earned on amounts
in the escrow account established under subparagraph
(A) shall be applied or used for the same purposes as
the donation or contribution on which it is earned.
``(4) Treatment of returned contribution or donation as a
complaint.--The transfer of any contribution or donation to the
Commission under this section shall be treated as the filing of
a complaint under section 309(a).
``(b) Use of Amounts Placed in Escrow To Cover Fines and
Penalties.--The Commission or the Attorney General may require any
amount deposited in the escrow account under subsection (a)(3) to be
applied toward the payment of any fine or penalty imposed under this
Act or title 18, United States Code, against the person making the
contribution or donation.
``(c) Return of Contribution or Donation After Deposit in Escrow.--
``(1) In general.--The Commission shall return a
contribution or donation deposited in the escrow account under
subsection (a)(3) to the person making the contribution or
donation if--
``(A) within 180 days after the date the
contribution or donation is transferred, the Commission
has not made a determination under section 309(a)(2)
that the Commission has reason to investigate whether
that the making of the contribution or donation was
made in violation of this Act; or
``(B)(i) the contribution or donation will not be
used to cover fines, penalties, or costs pursuant to
subsection (b); or
``(ii) if the contribution or donation will be used
for those purposes, that the amounts required for those
purposes have been withdrawn from the escrow account
and subtracted from the returnable contribution or
donation.
``(2) No effect on status of investigation.--The return of
a contribution or donation by the Commission under this
subsection shall not be construed as having an effect on the
status of an investigation by the Commission or the Attorney
General of the contribution or donation or the circumstances
surrounding the contribution or donation, or on the ability of
the Commission or the Attorney General to take future actions
2000
with respect to the contribution or donation.''.
(b) Amounts Used To Determine Amount of Penalty for Violation.--
Section 309(a) of the Federal Election Campaign Act of 1971 (2 U.S.C.
437g(a)) is amended by inserting after paragraph (9) the following:
``(10) Amount of donation.--For purposes of determining the amount
of a civil penalty imposed under this subsection for violations of
section 326, the amount of the donation involved shall be treated as
the amount of the contribution involved.''.
(c) Disgorgement Authority.--Section 309 of the Federal Election
Campaign Act of 1971 (2 U.S.C. 437g), as amended by section 412(a), is
amended by adding at the end the following:
``(f) Deposit in Escrow.--Any conciliation agreement, civil action,
or criminal action entered into or instituted under this section may
require a person to forfeit to the Treasury any contribution, donation,
or expenditure that is the subject of the agreement or action for
transfer to the Commission for deposit in accordance with section
326.''.
(d) Effective Date.--The amendments made by subsections (a) and (b)
shall apply to contributions or donations refunded on or after the date
of enactment of this Act, without regard to whether the Federal
Election Commission or Attorney General has issued regulations to carry
out section 326 of the Federal Election Campaign Act of 1971 (as added
by subsection (a)) by such date.
SEC. 415. ESTABLISHMENT OF A CLEARINGHOUSE OF INFORMATION ON POLITICAL
ACTIVITIES WITHIN THE FEDERAL ELECTION COMMISSION.
(a) Establishment.--There shall be established within the Federal
Election Commission a clearinghouse of public information regarding the
political activities of foreign principals and agents of foreign
principals. The information comprising this clearinghouse shall include
only the following:
(1) All registrations and reports filed pursuant to the
Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et seq.) during
the preceding 5-year period.
(2) All registrations and reports filed pursuant to the
Foreign Agents Registration Act (22 U.S.C. 611 et seq.) during
the preceding 5-year period.
(3) The listings of public hearings, hearing witnesses, and
witness affiliations printed in the Congressional Record during
the preceding 5-year period.
(4) Public information disclosed pursuant to the rules of
the Senate or the House of Representatives regarding honoraria,
the receipt of gifts, travel, and earned and unearned income.
(5) All reports filed pursuant to title I of the Ethics in
Government Act of 1978 (5 U.S.C. App.) during the preceding 5-
year period.
(6) All public information filed with the Federal Election
Commission pursuant to the Federal Election Campaign Act of
1971 (2 U.S.C. 431 et seq.) during the preceding 5-year period.
(b) Disclosure of Other Information Prohibited.--The disclosure by
the clearinghouse, or any officer or employee thereof, of any
information other than that set forth in subsection (a) is prohibited,
except as otherwise provided by law.
(c) Director of Clearinghouse.--
(1) Duties.--The clearinghouse shall have a Director, who
shall administer and manage the responsibilities and all
activities of the clearinghouse. In carrying out such duties,
the Director shall--
(A) develop a filing, coding, and cross-indexing
system to carry out the purposes of this section (which
shall include an index of all persons identified in the
reports, registrations, and other information
comprising the clearinghouse);
(B) notwithstanding any other provision of law,
make copies of registrations, reports, and other
information comprising the clearinghouse available for
public inspection and copying, beginning not later than
30 days after the information is first available to the
public, and permit copying of any such registration,
report, or other information by hand or by copying
machine or, at the request of any person, furnish a
copy of any such registration, report, or other
information upon payment of the cost of making and
furnishing such copy, except that no information
contained in such registration or report and no such
other information shall be sold or used by any person
for the purpose of soliciting contributions or for any
profit-making purpose; and
(C) not later than 150 days after the date of
enactment of this Act and at any time thereafter, to
prescribe, in consultation with the Comptroller
General, such rules, regulations, and forms, in
conformity with the provisions of chapter 5 of title 5,
United States Code, as are necessary to carry out the
provisions of this section in the most effective and
efficient manner.
(2) Appointment.--The Director shall be appointed by the
Federal Election Commission.
(3) Term of service.--The Director shall serve a single
term of a period of time determined by the Commission, but not
to exceed 5 years.
(d) Penalties for Disclosure of Information.--Any person who
discloses information in violation of subsection (b), and any person
who sells or uses information for the purpose of soliciting
contributions or for any profit-making purpose in violation of
subsection (c)(1)(B), shall be imprisoned for a period of not more than
1 year, or fined in the amount provided in title 18, United States
Code, or both.
(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to conduct the activities of
the clearinghouse.
(f) Foreign Principal.--In this section, the term ``foreign
principal'' shall have the same meaning given the term ``foreign
national'' under section 319 of the Federal Election Campaign Act of
1971 (2 U.S.C. 441e), as in effect as of the date of enactment of this
Act.
SEC. 416. ENFORCEMENT OF SPENDING LIMIT ON PRESIDENTIAL AND VICE
PRESIDENTIAL CANDIDATES WHO RECEIVE PUBLIC FINANCING.
(a) In General.--Section 9003 of the Internal Revenue Code of 1986,
as amended by section 413, is amended by adding at the end the
following:
``(g) Illegal Solicitation of Soft Money.--No candidate for
election to the office of President or Vice President may receive
amounts from the Presidential Election Campaign Fund under this chapter
or chapter 96 unless the candidate certifies that the candidate shall
not solicit any funds for the purposes of influencing such election,
including any funds used for an independent expenditure under the
Federal Election Campaign Act of 1971, unless the funds are subject to
the limitations, prohibitions, and reporting requirements of the
Federal Election Campaign Act of 1971.''.
(b) Effective Date.--The amendment made by this section shall apply
with respect to elections occurring on or after the date of the
enactment of this Act.
SEC. 417. CLARIFICATION OF RIGHT OF NATIONALS OF THE UNITED STATES TO
MAKE POLITICAL CONTRIBUTIONS.
Section 319(d)(2) of the Federal Election Campaign Act of 1971 (2
U.S.C. 441e(d)(2)), as amended by sections 506(b) and 511(a), is
further amended by inserting after ``United States'' the following:
``or a national of the United States (as defined in section 101(a)(22)
of the Immigration and Nationality Act)''.
SEC. 418. PROHIBITING USE OF WHITE HOUSE MEALS AND ACCOMMODATIONS FOR
POLITICAL FUNDRAISING.
(a) In General.--Chapter 29 of title 18, United States Code, is
amended by a
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dding at the end the following new section:
``Sec. 612. Prohibiting use of meals and accommodations at White House
for political fundraising
``(a) It shall be unlawful for any person to provide or offer to
provide any meals or accommodations at the White House in exchange for
any money or other thing of value, or as a reward for the provision of
any money or other thing of value, in support of any political party or
the campaign for electoral office of any candidate.
``(b) Any person who violates this section shall be fined under
this title or imprisoned not more than 3 years, or both.
``(c) For purposes of this section, any official residence or
retreat of the President (including private residential areas and the
grounds of such a residence or retreat) shall be treated as part of the
White House.''.
(b) Clerical Amendment.--The table of sections for chapter 29 of
title 18, United States Code, is amended by adding at the end the
following new item:
``612. Prohibiting use of meals and accommodations at White House for
political fundraising.''.
SEC. 419. PROHIBITION AGAINST ACCEPTANCE OR SOLICITATION TO OBTAIN
ACCESS TO CERTAIN FEDERAL GOVERNMENT PROPERTY.
(a) In General.--Chapter 11 of title 18, United States Code, is
amended by adding at the end the following new section:
``Sec. 226. Acceptance or solicitation to obtain access to certain
Federal Government property
``Whoever solicits or receives anything of value in consideration
of providing a person with access to Air Force One, Marine One, Air
Force Two, Marine Two, the White House, or the Vice President's
residence, shall be fined under this title, or imprisoned not more than
one year, or both.''.
(b) Clerical Amendment.--The table of sections for chapter 11 of
title 18, United States Code, is amended by adding at the end the
following new item:
``226. Acceptance or solicitation to obtain access to certain Federal
Government property.''.
SEC. 420. REQUIRING NATIONAL PARTIES TO REIMBURSE AT COST FOR USE OF
AIR FORCE ONE FOR POLITICAL FUNDRAISING.
Title III of the Federal Election Campaign Act of 1971 (2 U.S.C.
431 et seq.), as amended by sections 101, 407, 410, and 415, is amended
by adding at the end the following:
``SEC. 327. REIMBURSEMENT BY POLITICAL PARTIES FOR USE OF AIR FORCE ONE
FOR POLITICAL FUNDRAISING.
``(a) In General.--If the President, Vice President, or the head of
any executive department (as defined in section 101 of title 5, United
States Code) uses Air Force One for transportation for any travel which
includes a fundraising event for the benefit of any political committee
of a national political party, such political committee shall reimburse
the Federal Government for the fair market value of the transportation
of the individual involved, based on the cost of an equivalent
commercial chartered flight.
``(b) Air Force One Defined.--In subsection (a), the term `Air
Force One' means the airplane operated by the Air Force which has been
specially configured to carry out the mission of transporting the
President.''.
SEC. 421. ENHANCING ENFORCEMENT OF CAMPAIGN FINANCE LAW.
(a) Mandatory Imprisonment for Criminal Conduct.--Section
309(e)(1)(A) of the Federal Election Campaign Act of 1971 (2 U.S.C.
437g(e)(1)(A)), as redesignated by section 412, is amended--
(1) in the first sentence, by striking ``shall be fined, or
imprisoned for not more than one year, or both'' and inserting
``shall be imprisoned for not fewer than 1 year and not more
than 10 years''; and
(2) by striking the second sentence.
(b) Concurrent Authority of Attorney General To Bring Criminal
Actions.--Section 309(e) of the Federal Election Campaign Act of 1971
(2 U.S.C. 437g(d)), as so redesignated, is amended by adding at the end
the following:
``(4) Attorney general action.--In addition to the authority to
bring cases referred pursuant to subsection (a)(5), the Attorney
General may at any time bring a criminal action for a violation of this
Act or of chapter 95 or chapter 96 of the Internal Revenue Code of
1986.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to actions brought with respect to elections
occurring after January 2001.
SEC. 422. BAN ON COORDINATION OF SOFT MONEY FOR ISSUE ADVOCACY BY
PRESIDENTIAL CANDIDATES RECEIVING PUBLIC FINANCING.
(a) In General.--Section 9003 of the Internal Revenue Code of 1986,
as amended by section 416, is amended by adding at the end the
following:
``(h) Ban on Coordination of Soft Money for Issue Advocacy.--
``(1) In general.--No candidate for election to the office
of President or Vice President who is certified to receive
amounts from the Presidential Election Campaign Fund under this
chapter or chapter 96 may coordinate the expenditure of any
funds for issue advocacy with any political party unless the
funds are subject to the limitations, prohibitions, and
reporting requirements of the Federal Election Campaign Act of
1971.
``(2) Issue advocacy defined.--In this section, the term
`issue advocacy' means any activity carried out for the purpose
of influencing the consideration or outcome of any Federal
legislation or the issuance or outcome of any Federal
regulations, or educating individuals about candidates for
election for Federal office or any Federal legislation, law, or
regulations (without regard to whether the activity is carried
out for the purpose of influencing any election for Federal
office).''.
(b) Effective Date.--The amendment made by this section shall apply
with respect to elections occurring on or after the date of the
enactment of this Act.
SEC. 423. REQUIREMENT THAT NAMES OF PASSENGERS ON AIR FORCE ONE AND AIR
FORCE TWO BE MADE AVAILABLE THROUGH THE INTERNET.
(a) In General.--The President shall make available through the
Internet the name of any non-Government person who is a passenger on an
aircraft designated as Air Force One or Air Force Two not later than 30
days after the date that the person is a passenger on such aircraft.
(b) Exception.--Subsection (a) shall not apply in a case in which
the President determines that compliance with such subsection would be
contrary to the national security interests of the United States. In
any such case, not later than 30 days after the date that the person
whose name will not be made available through the Internet was a
passenger on the aircraft, the President shall submit to the chairman
and ranking member of the Permanent Select Committee on Intelligence of
the House of Representatives and of the Select Committee on
Intelligence of the Senate--
(1) the name of the person; and
(2) the justification for not making such name available
through the Internet.
(c) Definition of Person.--As used in this section, the term ``non-
Government person'' means a person who is not an officer or employee of
the United States, a member of the Armed Forces, or a Member of
Congress.
TITLE V--ELECTION ADMINISTRATION AND TECHNOLOGY
SEC. 501. FINDINGS.
Congress makes the following findings:
(1) The right to vote is a fundamental and incontrovertible
right under the Constitution.
(2) There is a need for Congress to encourage and enable
every eligible American to vote by reaffirming that the right
to vote is a fundamental right under the Constitution.
(3) There is a need for Congress to encourage and enable
every eligible American to vote by reaffirming that the United
States is a democratic government ``of the people, by the
people and for the people'' where every vote counts.
(4) There is a need for Congress to encourage a
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nd enable
every eligible American to vote by eliminating procedural and
technological obstacles to voting.
(5) State governments have already begun to examine ways to
improve the administration of elections and to modernize
mechanisms and machinery for voting.
(6) Congress has authority under section 5 of the
Fourteenth Amendment to the Constitution of the United States
to enact legislation to address the equal protection violations
that may be caused by our current, outdated voting system.
(7) Congress has an obligation to ensure that the necessary
resources are available to States and localities to improve
election technology and election administration and to ensure
the integrity of the democratic elections process.
Subtitle A--Establishment of Commission on Voting Rights and Procedures
SEC. 511. ESTABLISHMENT.
There is established the Commission on Voting Rights and Procedures
(in this subtitle referred to as the ``Commission'').
SEC. 512. MEMBERSHIP OF THE COMMISSION.
(a) Number and Appointment.--The Commission shall be composed of 12
members of whom--
(1) 6 members shall be appointed by the President;
(2) 3 members shall be appointed by the Minority Leader of
the Senate (or, if the Minority Leader is a member of the same
political party as the President, by the Majority Leader of the
Senate); and
(3) 3 members shall be appointed by the Minority Leader of
the House of Representatives (or, if the Minority Leader is a
member of the same political party as the President, by the
Majority Leader of the House of Representatives).
(b) Qualifications.--Each member appointed under subsection (a)
shall be chosen on the basis of--
(1) experience with, and knowledge of--
(A) election law;
(B) election technology;
(C) Federal, State, or local election
administration;
(D) the United States Constitution; or
(E) the history of the United States; and
(2) integrity, impartiality, and good judgment.
(c) Period of Appointment; Vacancies.--
(1) Period of appointment.--Each member shall be appointed
for the life of the Commission.
(2) Vacancies.--
(A) In general.--A vacancy in the Commission shall
not affect its powers.
(B) Manner of replacement.--A vacancy on the
Commission shall be filled in the same manner which the
original appointment was made and shall be subject to
any conditions which applied with respect to the
original appointment not later than 60 days after the
date of the vacancy.
(d) Chairperson; Vice Chairperson.--
(1) In general.--The Commission shall elect a chairperson
and vice chairperson from among its members.
(2) Political affiliation.--The chairperson and vice
chairperson may not be affiliated with the same political
party.
(e) Date of Appointment.--The appointments of the members of the
Commission shall be made not later than 45 days after the date of
enactment of this Act.
(f) Meetings.--
(1) In general.--The Commission shall meet at the call of
the chairperson.
(2) Initial meeting.--Not later than 20 days after the date
on which all members of the Commission have been appointed, the
Commission shall hold its first meeting.
(3) Quorum.--A majority of the members of the Commission
shall constitute a quorum, but a lesser number of members may
hold hearings.
(g) Voting.--Each action of the Commission shall be approved by a
majority vote of members. Each member shall have 1 vote.
SEC. 513. DUTIES OF THE COMMISSION.
(a) Study.--
(1) In general.--The Commission shall conduct a thorough
study of--
(A) election technology and systems;
(B) designs of ballots and the uniformity of
ballots;
(C) access to polling places, including matters
relating to access for individuals with disabilities
and other individuals with particular needs;
(D) voter registration and maintenance of voter
rolls, including the use of provisional voting and
standards for reenfranchisement of voters;
(E) alternative voting methods;
(F) accuracy of voting, election procedures, and
election technology;
(G) voter education;
(H) training election personnel and volunteers;
(I)(i) implementation of title I of the Uniformed
and Overseas Absentee Voting Act (42 U.S.C. 1973ff et
seq.), and the amendments made by title II of that Act,
by--
(I) the Secretary of Defense;
(II) each other Federal Government official
having a responsibility under that Act; and
(III) each State; and
(ii) whether any legislative or administrative
action is necessary to provide a meaningful opportunity
to register to vote in, and vote in, elections for
Federal office (as defined in paragraph (3) of section
107 of that Act (42 U.S.C. 1973ff-6)) for--
(I) each absent uniformed services voter
(as defined in paragraph (1) of such section);
and
(II) each overseas voter (as defined in
paragraph (5) of such section) to register to
vote and vote in elections for Federal office);
(J) the feasibility and advisability of
establishing the date on which elections for Federal
office (as so defined) are held as a Federal or State
holiday; and
(K)(i) how the Federal Government can, on a
permanent basis, best provide ongoing assistance to
State and local authorities to improve the
administration of Federal elections; and
(ii) whether an existing or a new Federal agency
should provide such assistance.
(2) Website.--For purposes of conducting the study under
this subsection, the Commission shall establish an Internet
website to facilitate public comment and participation.
(b) Recommendations.--
(1) Recommendations of best practices in voting and
election administration.--The Commission shall develop
recommendations with respect to the matters studied under
subsection (a) that identify those methods of voting and
administering elections studied by the Commission that would--
(A) be most convenient, accessible, and easy to use
for voters in Federal elections, including voters with
disabilities, absent uniformed services voters,
overseas voters, and other voters with special needs;
(B) yield the broadest participation and most
accurate results in Federal elections;
(C) be the most resource-efficient and cost-
effective for use in Federal elections; and
(D) be the most effective means of ensuring
security in Federal elections.
(2) Recommendations for providing assistance in federal
elections.--The Commission shall develop recommendations with
respect to the matters stu
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died under subsection (a)(1)(K) on
how the Federal Government can, on a permanent basis, best
provide ongoing assistance to State and local authorities to
improve the administration of Federal elections, and identify
whether an existing or a new Federal agency should provide such
assistance.
(3) Recommendations for voter participation in federal
elections.--The Commission shall develop recommendations with
respect to the matters studied under subsection (a) on
methods--
(A) to increase voter registration;
(B) to increase the accuracy of voter rolls;
(C) to improve voter education; and
(D) to improve the training of election personnel
and volunteers.
(c) Reports.--
(1) Interim reports.--Not later than the date on which the
Commission submits the final report under paragraph (2), the
Commission may submit to the President and Congress such
interim reports as a majority of the members of the Commission
determine appropriate.
(2) Final report.--
(A) In general.--Not later than one year after the
date of enactment of this Act, the Commission shall
submit to the President and Congress a final report
that has received the approval of a majority of the
members of the Commission.
(B) Content.--The final report shall contain--
(i) a detailed statement of the findings
and conclusions of the Commission on the
matters studied under subsection (a);
(ii) a detailed statement of the
recommendations developed under subsection (b);
and
(iii) any dissenting or minority opinions
of the members of the Commission.
SEC. 514. POWERS OF THE COMMISSION.
(a) Hearings.--The Commission or, at its direction, any
subcommittee or member of the Commission, may, for the purpose of
carrying out this subtitle--
(1) hold such hearings, sit and act at such times and
places, take such testimony, receive such evidence, administer
such oaths; and
(2) require, by subpoena or otherwise, the attendance and
testimony of such witnesses and the production of such books,
records, correspondence, memoranda, papers, documents, tapes, and
materials as the Commission or such subcommittee or member considers
advisable.
(b) Issuance and Enforcement of Subpoenas.--
(1) Issuance.--Any subpoena issued under subsection (a)
shall be issued by the chairperson and vice chairperson of the
Commission acting jointly. Each subpoena shall bear the
signature of the chairperson of the Commission and shall be
served by any person or class of persons designated by the
chairperson for that purpose.
(2) Enforcement.--In the case of contumacy or failure to
obey a subpoena issued under subsection (a), the United States
district court for the judicial district in which the
subpoenaed person resides, is served, or may be found may issue
an order requiring such person to appear at any designated
place to testify or to produce documentary or other evidence.
Any failure to obey the order of the court may be punished by
the court as a contempt of that court.
(c) Witness Allowances and Fees.--Section 1821 of title 28, United
States Code, shall apply to witnesses requested or subpoenaed to appear
at any hearing of the Commission. The per diem and mileage allowances
for witnesses shall be paid from funds available to pay the expenses of
the Commission.
(d) Information From Federal Agencies.--The Commission may secure
directly from any Federal department or agency such information as the
Commission considers necessary to carry out this subtitle. Upon request
of the chairperson and vice chairperson of the Commission acting
jointly, the head of such department or agency shall furnish such
information to the Commission.
(e) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as other
departments and agencies of the Federal Government.
(f) Administrative Support Services.--Upon the request of the
chairperson and vice chairperson of the Commission acting jointly, the
Administrator of the General Services Administration shall provide to
the Commission, on a reimbursable basis, the administrative support
services that are necessary to enable the Commission to carry out its
duties under this subtitle.
(g) Gifts and Donations.--The Commission may accept, use, and
dispose of gifts or donations of services or property to carry out this
subtitle.
SEC. 515. PERSONNEL MATTERS.
(a) Compensation of Members.--Each member of the Commission who is
not an officer or employee of the Federal Government shall be
compensated at a rate equal to the daily equivalent of the annual rate
of basic pay prescribed for level IV of the Executive Schedule under
section 5315 of title 5, United States Code, for each day (including
travel time) during which such member is engaged in the performance of
the duties of the Commission. All members of the Commission who are
officers or employees of the United States shall serve without
compensation in addition to that received for their services as
officers or employees of the United States.
(b) Travel Expenses.--The members of the Commission shall be
allowed travel expenses, including per diem in lieu of subsistence, at
rates authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from their homes
or regular places of business in the performance of services for the
Commission.
(c) Staff.--
(1) In general.--The chairperson and vice chairperson of
the Commission, acting jointly, may, without regard to the
civil service laws and regulations, appoint and terminate an
executive director and such other additional personnel as may
be necessary to enable the Commission to perform its duties.
The employment of an executive director shall be subject to
confirmation by the Commission.
(2) Compensation.--The chairperson and vice chairperson of
the Commission, acting jointly, may fix the compensation of the
executive director and other personnel without regard to
chapter 51 and subchapter III of chapter 53 of title 5, United
States Code, relating to classification of positions and
General Schedule pay rates, except that the rate of pay for the
executive director and other personnel may not exceed the rate
payable for level V of the Executive Schedule under section
5316 of such title.
(d) Detail of Government Employees.--Any Federal Government
employee may be detailed to the Commission without reimbursement, and
such detail shall be without interruption or loss of civil service
status or privilege.
(e) Procurement of Temporary and Intermittent Services.--The
chairperson and vice chairperson of the Commission, acting jointly, may
procure temporary and intermittent services under section 3109(b) of
title 5, United States Code, at rates for individuals which do not
exceed the daily equivalent of the annual rate of basic pay prescribed
for level V of the Executive Schedule under section 5316 of such title.
SEC. 516. TERMINATION OF THE COMMISSION.
The Commission shall terminate 45 days after the date on which the
Commission submits its final report under section 513(c)(2).
SEC. 517. AUTHORIZATION OF APPROPRIATIONS FOR THE COMMISSION.
(a) In General.--There are authorized to be appropriated such sums
as may be necessary to car
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ry out the purposes of this subtitle.
(b) Availability.--Any sums appropriated under the authorization
contained in this section shall remain available, without fiscal year
limitation, until expended.
Subtitle B--Grant Program
SEC. 521. ESTABLISHMENT OF GRANT PROGRAM.
The Attorney General, subject to the general policies and criteria
established under section 523, in consultation with the Federal
Election Commission, is authorized to make grants to States to pay the
Federal share of the costs of the activities described in section 522.
SEC. 522. AUTHORIZED ACTIVITIES.
A State may use payments received under this subtitle to--
(1) improve or replace voting equipment or technology;
(2) implement new election administration procedures, such
as ``same-day'' voter registration procedures;
(3) educate voters concerning voting procedures, voting
rights, or voting technology and train election personnel; and
(4) upon completion of the final report under section
513(c), implement recommendations contained in such report.
SEC. 523. GENERAL POLICIES AND CRITERIA.
(a) General Policies.--The Attorney General shall establish general
policies with respect to the approval of State plans, awarding of
grants, and the use of assistance made available under this subtitle.
(b) Criteria.--
(1) In general.--The Attorney General shall establish
criteria with respect to the approval of State plans submitted
under section 524, including the requirements under paragraph
(2).
(2) Requirements for approval.--The Attorney General shall
not approve a State plan unless the plan provides for each of
the following:
(A) Uniform standards within the State for election
administration and technology.
(B) Accuracy of the records of eligible voters in
the State to ensure that legally registered voters
appear in such records and prevent any purging of such
records to remove illegal voters that results in the
elimination of legal voters as well.
(C) Voting accessibility standards that ensure--
(i) compliance with the Voting
Accessibility for the Elderly and Handicapped
Act (42 U.S.C. 1973ee et seq.);
(ii) compliance with the Voting Rights Act
of 1965 (42 U.S.C. 1971 et seq.); and
(iii) that absent uniformed service voters
and their dependents have a meaningful
opportunity to exercise their voting rights as
citizens of the United States.
(D) Voter education programs regarding methodology
and procedures for participating in elections and
training programs for election personnel and
volunteers.
(c) Consultation.--In establishing the general policies and
criteria under this section, the Attorney General shall consult with
the Federal Election Commission.
SEC. 524. SUBMISSION OF STATE PLANS.
(a) In General.--Subject to subsection (c), the chief executive
officer of each State that desires to receive a grant under this
subtitle shall submit a State plan to the Attorney General at such
time, in such manner, and accompanied by such additional information as
the Attorney General, in consultation with the Federal Election
Commission, may reasonably require.
(b) Contents.--Each State plan submitted under subsection (a)
shall--
(1) describe the activities for which assistance under this
subtitle is sought;
(2) provide evidence that the State meets the general
policies and criteria established by the Attorney General under
section 523;
(3) provide assurances that the State will pay the non-
Federal share of the activities for which assistance is sought
from non-Federal sources; and
(4) provide such additional assurances as the Attorney
General, in consultation with the Federal Election Commission,
determines to be essential to ensure compliance with the
requirements of this subtitle.
(c) Available for Review and Comment.--A State submitting a State
plan under this section shall make such State plan publicly available
for review and comment prior to submission.
SEC. 525. APPROVAL OF STATE PLANS.
The Attorney General, in consultation with the Federal Election
Commission, shall approve State plans in accordance with the general
policies and criteria established under section 523.
SEC. 526. FEDERAL MATCHING FUNDS.
(a) Payments.--The Attorney General shall pay to each State having
a State plan approved under section 525 the Federal share of the cost
of the activities described in the State plan.
(b) Federal Share.--
(1) In general.--Subject to paragraph (2), for purposes of
subsection (a), the Federal share shall be 80 percent.
(2) Waiver.--The Attorney General may specify a Federal
share greater than 80 percent if the State agrees to comply
with such terms and conditions as the Attorney General may
prescribe.
(c) Non-Federal Share.--The non-Federal share of payments under
this subtitle may be in cash or in kind fairly evaluated, including
planned equipment or services.
SEC. 527. AUDITS AND EXAMINATIONS.
(a) Recordkeeping Requirement.--Each recipient of a grant under
this subtitle shall keep such records as the Attorney General, in
consultation with the Federal Election Commission, shall prescribe.
(b) Audit and Examination.--
(1) Authority.--Subject to paragraph (2), the Attorney
General and the Comptroller General of the United States, or
any authorized representative of the Attorney General or the
Comptroller General, shall have access to any record of a
recipient of a grant under this subtitle that the Attorney
General or the Comptroller General determines may be related to
a grant received under this subtitle for the purpose of
conducting an audit or examination.
(2) Expiration of authority.--The authority of the Attorney
General and the Comptroller General conduct an audit or
examination under this subsection with respect to the recipient
of a grant under this subtitle shall expire on the date that is
3 years after the date on which the activity for which an State
plan is approved under section 524 concludes.
SEC. 528. REPORTS.
(a) Reports to Congress.--Not later than January 31, 2003, and each
year thereafter, the Attorney General shall submit to the President and
Congress a report on the program under this subtitle for the preceding
year. Each report shall set forth the following:
(1) A description and analysis of any activities funded by
a grant awarded under this subtitle.
(2) Any recommendation for legislative or administrative
action that the Attorney General considers appropriate.
(b) Reports to the Attorney General.--The Attorney General shall
require in each grant awarded under this subtitle that the recipient of
such grant submit to the Attorney General, under a schedule established
by the Attorney General, such information as the Attorney General
considers appropriate to submit reports under subsection (a).
SEC. 529. STATE DEFINED.
In this subtitle, the term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto Rico,
American Samoa, Guam, and the United States Virgin Islands.
SEC. 530. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization.--
(1) In general.--There are authorized to be appropriated to
the Department of Justice--
152b
(A) $500,000,000 for fiscal year 2002;
(B) such amounts as necessary for each of fiscal
years 2003, 2004, 2005, and 2006.
(2) Use of amounts.--Amounts appropriated under paragraph
(1) shall be for the purpose of--
(A) awarding grants under this subtitle; and
(B) paying for the costs of administering the
program to award such grants.
(3) Federal election commission.--There are authorized to
be appropriated for each of fiscal years 2002, 2003, 2004,
2005, and 2006 such amounts as necessary to the Federal
Election Commission for the purpose of consultation with the
Attorney General under this subtitle.
(b) Limitation.--Not more than 1 percent of any sums appropriated
under paragraph (1) of subsection (a) may be used to pay for the
administrative costs described in paragraph (2)(B) of such subsection.
(c) Supplemental Appropriations.--There are authorized to be
appropriated as supplemental appropriations for fiscal year 2001 such
sums as the Department of Justice and the Federal Election Commission
consider necessary to carry out the provisions of this subtitle.
Subtitle C--Miscellaneous
SEC. 541. RELATIONSHIP TO OTHER LAWS.
Nothing in this title may be construed to authorize, require, or
supersede conduct prohibited under the following laws, or otherwise
affect such laws:
(1) The National Voter Registration Act of 1993 (42 U.S.C.
1973gg et seq.).
(2) The Voting Rights Act of 1965 (42 U.S.C. 1971 et seq.).
(3) The Voting Accessibility for the Elderly and
Handicapped Act (42 U.S.C. 1973ee et seq.).
(4) The Uniformed and Overseas Citizens Absentee Voting Act
(42 U.S.C. 1973ff et seq.).
(5) The Federal Election Campaign Act of 1971 (2 U.S.C. 431
et seq.).
TITLE VI--MILITARY VOTING
SEC. 601. SHORT TITLE.
This title may be cited as the ``Military Voting Rights Act of
2001''.
SEC. 602. GUARANTEE OF RESIDENCY.
Article VII of the Soldiers' and Sailors' Civil Relief Act of 1940
(50 U.S.C. 590 et seq.) is amended by adding at the end the following:
``Sec. 704. (a) For purposes of voting for an office of the United
States or of a State, a person who is absent from a State in compliance
with military or naval orders shall not, solely by reason of that
absence--
``(1) be deemed to have lost a residence or domicile in
that State;
``(2) be deemed to have acquired a residence or domicile in
any other State; or
``(3) be deemed to have become resident in or a resident of
any other State.
``(b) In this section, the term `State' includes a territory or
possession of the United States, a political subdivision of a State,
territory, or possession, and the District of Columbia.''.
SEC. 603. STATE RESPONSIBILITY TO GUARANTEE MILITARY VOTING RIGHTS.
(a) Registration and Balloting.--Section 102 of the Uniformed and
Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-1) is amended--
(1) by inserting ``(a) Elections for Federal Offices.--''
before ``Each State shall--''; and
(2) by adding at the end the following:
``(b) Elections for State and Local Offices.--Each State shall--
``(1) permit absent uniformed services voters to use
absentee registration procedures and to vote by absentee ballot
in general, special, primary, and run-off elections for State
and local offices; and
``(2) accept and process, with respect to any election
described in paragraph (1), any otherwise valid voter
registration application from an absent uniformed services
voter if the application is received by the appropriate State
election official not less than 30 days before the election.''.
(b) Conforming Amendment.--The heading for title I of such Act is
amended by striking out ``FOR FEDERAL OFFICE''.
TITLE VII--SEVERABILITY; CONSTITUTIONALITY; EFFECTIVE DATE; REGULATIONS
SEC. 701. 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. 702. 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. 703. EFFECTIVE DATE.
Except as otherwise provided in this Act, this Act and the
amendments made by this Act shall take effect upon the expiration of
the 90-day period which begins on the date of the enactment of this
Act.
SEC. 704. 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 45 days after the date of the enactment of this Act.
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