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House of Representatives

a speech in Congress by Rep. Robert Ney (R-OH), on

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Full Text Below, adapted from the Congressional Record.

Mr. Chairman, I offer an amendment in the nature of a substitute.

The CHAIRMAN. The Clerk will designate the amendment in the nature of a substitute.

The text of the amendment in the nature of a substitute is as follows:

Amendment in the nature of a substitute No. 14 offered by Mr. Ney. Strike all after the enacting clause and insert the following:

(a) Short Title.--This Act may be cited as the ``Bipartisan Campaign Finance Reform Act of 2002''. (b) Table of Contents.--The table of contents of this Act is as follows:

TITLE VI--INDEPENDENT COMMISSION ON CAMPAIGN FINANCE REFORM

TITLE IX--REIMBURSEMENT FOR USE OF GOVERNMENT PROPERTY FOR CAMPAIGN

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

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

(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 (e) the following: ``(f) 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 (xii), respectively.

(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).''.

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.''.

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 ``clauses (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.''.

(a) In General.--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 (g); and (3) by inserting after subsection (c)(2) (as amended by paragraph (1)) the following: ``(e) 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.''. (b) Conforming Amendment.--Section 304(a)(5) of such Act (2 U.S.C. 434(a)(5)) is amended by striking ``, or the second sentence of subsection (c)(2)''.

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.''.

(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' 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 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) 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 431(20)(B)) services in support of a candidate's pursuit of nomination for election, or election, to Federal office. ``(E) For purposes of subparagraph (C), all political committees established and maintained by a national political party (including all congressional campaign committees) and all political committees established and maintained by a State political party (including any subordinate committee of a State committee) shall be considered to be a single political committee.''. (2) Section 315(a)(7).--Section 315(a)(7) (2 U.S.C. 441a(a)(7)) is amended by striking subparagraph (B) and inserting the following: ``(B) a 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. (b) Meaning of Contribution or Expenditure for the Purposes of Section 316.--Section 316(b)(2) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441b(b)) is amended by striking ``shall include'' and inserting ``includes a contribution or expenditure, as those terms are defined in section 301, and also includes''.

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

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

(a) Random Audits.--Section 311(b) of the Federal Election Campaign Act of 1971 (2 U.S.C. 438(b)) is amended-- (1) by inserting ``(1) In general.--'' before ``The Commission''; (2) by moving the text 2 ems to the right; and (3) 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''.

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;''.

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

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.''.

(a) In General.--Section 304 of the Federal Election Campaign Act of 1971 (2 U.S.C. 434) (as amended by section 103(c) and section 204) is amended by adding at the end the following: ``(h) Disbursements of Persons Other Than Political Parties.-- ``(1) In general.--A person, other than a political committee of a political party or a person described in section 501(d) of the Internal Revenue Code of 1986, that makes an aggregate amount of disbursements in excess of $50,000 during a calendar year for activities described in paragraph (2) shall file a statement with the Commission-- ``(A) on a monthly basis as described in subsection (a)(4)(B); or ``(B) in the case of disbursements that are made within 20 days of an election, within 24 hours after the disbursements are made. ``(2) Activity.--The activity described in this paragraph is-- ``(A) Federal election activity; ``(B) an activity described in section 316(b)(2)(A) that expresses support for or opposition to a candidate for Federal office or a political party; and ``(C) an activity described in subparagraph (B) or (C) of section 316(b)(2). ``(3) Applicability.--This subsection does not apply to-- ``(A) a candidate or a candidate's authorized committees; or ``(B) an independent expenditure. ``(4) Contents.--A statement under this section shall contain such information about the disbursements made during the reporting period as the Commission shall prescribe, including-- ``(A) the aggregate amount of disbursements made; ``(B) the name and address of the person or entity to whom a disbursement is made in an aggregate amount in excess of $200; ``(C) the date made, amount, and purpose of the disbursement; and ``(D) if applicable, whether the disbursement was in support of, or in opposition to, a candidate or a political party, and the name of the candidate or the political party.''. (b) Definition of Generic Campaign Activity.--Section 301 of the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) (as amended by section 201(b)) is 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.''.

Section 318 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441d) is amended-- (1) in subsection (a)-- (A) in the matter preceding paragraph (1)-- (i) by striking ``Whenever'' and inserting ``Whenever a political committee makes a disbursement for the purpose of financing any communication through any broadcasting station, newspaper, magazine, outdoor advertising facility, mailing, or any other type of general public political advertising, or whenever''; (ii) by striking ``an expenditure'' and inserting ``a disbursement''; and (iii) by striking ``direct''; and (B) in paragraph (3), by inserting ``and permanent street address'' after ``name''; and (2) by adding at the end the following: ``(c) Any printed communication described in subsection (a) shall-- ``(1) be of sufficient type size to be clearly readable by the recipient of the communication; ``(2) be contained in a printed box set apart from the other contents of the communication; and ``(3) be printed with a reasonable degree of color contrast between the background and the printed statement. ``(d)(1) Any 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. ``(2) If a communication described in paragraph (1) 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. ``(e) 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.''.

Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.), as amended by section 101, is further amended by adding at the end the following new section:

Section 315(d) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(d)) (as amended by section 204) is amended by adding at the end the following: ``(5) This subsection does not apply to expenditures made in connection with the general election campaign of a candidate for Senator or Representative in or Delegate or Resident Commissioner to the Congress who is not an eligible Congressional candidate (as defined in section 324(a)).''.

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:

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''.

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

(a) In General.--Section 319 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441e) is amended-- (1) by striking the heading and inserting the following: ``contributions and donations by foreign nationals''; and (2) by striking subsection (a) and inserting the following: ``(a) Prohibition.--It shall be unlawful for-- ``(1) a foreign national, directly or indirectly, to make-- ``(A) a donation of money or other thing of value, or to promise expressly or impliedly to make a donation, in connection with a Federal, State, or local election; 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 such Act (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 the enactment of this Act. (c) Prohibition Applicable to All Individuals Who Are Not Citizens or Nationals of the United States.--Section 319(b)(2) of such Act (2 U.S.C. 441e(b)(2)) is amended by striking the period at the end and inserting the following: ``, or in the case of an election for Federal office, an individual who is not a citizen of the United States or a national of the United States (as defined in section 101(a)(22) of the Immigration and Nationality Act).''.

Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.), as amended by sections 101 and 401, is further amended by adding at the end the following new section:

(a) In General.--Section 309(a) of the Federal Election Campaign Act of 1971 (2 U.S.C. 437g(a)) (as amended by section 503(c)) is amended by adding at the end the following: ``(14)(A) If the complaint in a proceeding was filed within 60 days preceding the date of a general election, the Commission may take action described in this subparagraph. ``(B) If the Commission determines, on the basis of facts alleged in the complaint and other facts available to the Commission, that there is clear and convincing evidence that a violation of this Act has occurred, is occurring, or is about to occur, the Commission may order expedited proceedings, shortening the time periods for proceedings under paragraphs (1), (2), (3), and (4) as necessary to allow the matter to be resolved in sufficient time before the election to avoid harm or prejudice to the interests of the parties. ``(C) If the Commission determines, on the basis of facts alleged in the complaint and other facts available to the Commission, that the complaint is clearly without merit, the Commission may-- ``(i) order expedited proceedings, shortening the time periods for proceedings under paragraphs (1), (2), (3), and (4) as necessary to allow the matter to be resolved in sufficient time before the election to avoid harm or prejudice to the interests of the parties; or ``(ii) if the Commission determines that there is insufficient time to conduct proceedings before the election, summarily dismiss the complaint.''. (b) Referral to Attorney General.--Section 309(a)(5) of the Federal Election Campaign Act of 1971 (2 U.S.C. 437g(a)(5)) is amended by striking subparagraph (C) and inserting the following: ``(C) The Commission may at any time, by an affirmative vote of at least 4 of its members, refer a possible violation of this Act or chapter 95 or 96 of the Internal Revenue Code of 1986, to the Attorney General of the United States, without regard to any limitation set forth in this section.''.

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''.

Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.), as amended by sections 101, 401, and 505, is further amended by adding at the end the following new section:

(a) In General.--Section 319 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441e), as amended by section 504(b), is further amended-- (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following new subsection: ``(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 the enactment of this Act.

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

(a) In General.--Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.), as amended by sections 101, 401, 505, and 508, is further amended by adding at the end the following new section:

(a) Establishment.--There shall be established within the Federal Election Commission a clearinghouse of public information regarding the political activities of foreign principals and agents of foreign principals. The information comprising this clearinghouse shall include only the following: (1) All registrations and reports filed pursuant to the Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et seq.) during the preceding 5-year period. (2) All registrations and reports filed pursuant to the Foreign Agents Registration Act, as amended (22 U.S.C. 611 et seq.), during the preceding 5-year period. (3) The listings of public hearings, hearing witnesses, and witness affiliations printed in the Congressional Record during the preceding 5-year period. (4) Public information disclosed pursuant to the rules of the Senate or the House of Representatives regarding honoraria, the receipt of gifts, travel, and earned and unearned income. (5) All reports filed pursuant to title I of the Ethics in Government Act of 1978 (5 U.S.C. App.) during the preceding 5-year period. (6) All public information filed with the Federal Election Commission pursuant to the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) during the preceding 5-year period. (b) Disclosure of Other Information Prohibited.--The disclosure by the clearinghouse, or any officer or employee thereof, of any information other than that set forth in subsection (a) is prohibited, except as otherwise provided by law. (c) Director of Clearinghouse.-- (1) 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 the enactment of this Act and at any time thereafter, to prescribe, in consultation with the Comptroller General, such rules, regulations, and forms, in conformity with the provisions of chapter 5 of title 5, United States Code, as are necessary to carry out the provisions of 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 the enactment of this Act.

Section 319(d)(2) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441e(d)(2)), as amended by sections 504(b) and 509(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)''.

TITLE VI--INDEPENDENT COMMISSION ON CAMPAIGN FINANCE REFORM

There is established a commission to be known as the ``Independent Commission on Campaign Finance Reform'' (referred to in this title as the ``Commission''). The purposes of the Commission are to study the laws relating to the financing of political activity and to report and recommend legislation to reform those laws.

(a) Composition.--The Commission shall be composed of 12 members appointed within 15 days after the date of the enactment of this Act by the President from among individuals who are not incumbent Members of Congress and who are specially qualified to serve on the Commission by reason of education, training, or experience. (b) Appointment.-- (1) In general.--Members shall be appointed as follows: (A) Three members (one of whom shall be a political independent) shall be appointed from among a list of nominees submitted by the Speaker of the House of Representatives. (B) Three members (one of whom shall be a political independent) shall be appointed from among a list of nominees submitted by the majority leader of the Senate. (C) Three members (one of whom shall be a political independent) shall be appointed from among a list of nominees submitted by the minority leader of the House of Representatives. (D) Three members (one of whom shall be a political independent) shall be appointed from among a list of nominees submitted by the minority leader of the Senate. (2) Failure to submit list of nominees.--If an official described in any of the subparagraphs of paragraph (1) fails to submit a list of nominees to the President during the 15- day period which begins on the date of the enactment of this Act-- (A) such subparagraph shall no longer apply; and (B) the President shall appoint three members (one of whom shall be a political independent) who meet the requirements described in subsection (a) and such other criteria as the President may apply. (3) Political independent defined.--In this subsection, the term ``political independent'' means an individual who at no time after January 1992-- (A) has held elective office as a member of the Democratic or Republican party; (B) has received any wages or salary from the Democratic or Republican party or from a Democratic or Republican party office-holder or candidate; or (C) has provided substantial volunteer services or made any substantial contribution to the Democratic or Republican party or to a Democratic or Republican party office-holder or candidate. (c) Chairman.--At the time of the appointment, the President shall designate one member of the Commission as Chairman of the Commission. (d) Terms.--The members of the Commission shall serve for the life of the Commission. (e) Vacancies.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (f) Political Affiliation.--Not more than four members of the Commission may be of the same political party.

(a) Hearings.--The Commission may, for the purpose of carrying out this title, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. In carrying out the preceding sentence, the Commission shall ensure that a substantial number of its meetings are open meetings, with significant opportunities for testimony from members of the general public. (b) Quorum.--Seven members of the Commission shall constitute a quorum, but a lesser number may hold hearings. The approval of at least nine members of the Commission is required when approving all or a portion of the recommended legislation. Any member of the Commission may, if authorized by the Commission, take any action which the Commission is

(a) Report.--Not later than the expiration of the 180-day period which begins on the date on which the second session of the One Hundred Sixth Congress adjourns sine die, the Commission shall submit to the President, the Speaker and minority leader of the House of Representatives, and the majority and minority leaders of the Senate a report of the activities of the Commission. (b) Recommendations; Draft of Legislation.--The report under subsection (a) shall include any recommendations for changes in the laws (including regulations) governing the financing of political activity (taking into account the provisions of this Act and the amendments made by this Act), including any changes in the rules of the Senate or the House of Representatives, to which nine or more members of the Commission may agree, together with drafts of-- (1) any legislation (including technical and conforming provisions) recommended by the Commission to implement such recommendations; and (2) any proposed amendment to the Constitution recommended by the Commission as necessary to implement such recommendations, except that if the Commission includes such a proposed amendment in its report, it shall also include recommendations (and drafts) for legislation which may be implemented prior to the adoption of such proposed amendment. (c) Goals of Recommendations and Legislation.--In making recommendations and preparing drafts of legislation under this section, the Commission shall consider the following to be its primary goals: (1) Encouraging fair and open Federal elections which provide voters with meaningful information about candidates and issues. (2) Eliminating the disproportionate influence of special interest financing of Federal elections. (3) Creating a more equitable electoral system for challengers and incumbents.

The Commission shall cease to exist 90 days after the date of the submission of its report under section 604.

There are authorized to be appropriated to the Commission such sums as are necessary to carry out its duties under this title.

(a) In General.--Chapter 29 of title 18, United States Code, is amended by adding at the end the following new section:

TITLE VIII--SENSE OF THE CONGRESS REGARDING FUNDRAISING ON FEDERAL

It is the sense of the Congress that Federal law clearly demonstrates that ``controlling legal authority'' under title 18, United States Code, prohibits the use of Federal Government property to raise campaign funds.

TITLE IX--REIMBURSEMENT FOR USE OF GOVERNMENT PROPERTY FOR CAMPAIGN

Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.), as amended by sections 101, 401, 505, 508, and 511, is further amended by adding at the end the following new section:

Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.), as amended by sections 101, 401, 505, 508, 511, and 901, is further amended by adding at the end the following new section:

Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.), as amended by sections 101, 401, 505, 508, 511, 901, and 902, is further amended by adding at the end the following new section:

(a) Mandatory Imprisonment for Criminal Conduct.--Section 309(d)(1)(A) of the Federal Election Campaign Act of 1971 (2 U.S.C. 437g(d)(1)(A)) is amended-- (1) in the first sentence, by striking ``shall be fined, or imprisoned for not more than one year, or both'' and inserting ``shall be imprisoned for not fewer than 1 year and not more than 10 years''; and (2) by striking the second sentence. (b) Concurrent Authority of Attorney General To Bring Criminal Actions.--Section 309(d) of such Act (2 U.S.C. 437g(d)) is amended by adding at the end the following new paragraph: ``(4) In addition to the authority to bring cases referred pursuant to subsection (a)(5), the Attorney General may at any time bring a criminal action for a violation of this Act or of chapter 95 or chapter 96 of the Internal Revenue Code of 1986.''. (c) Effective Date.--The amendments made by this section shall apply with respect to actions brought with respect to elections occurring after January 2002.

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.

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.

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.

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.

The CHAIRMAN. Pursuant to section 2 of House Resolution 344, the gentleman from Ohio (Mr. Ney) and a Member opposed (Mr. Hoyer) each will control 20 minutes.

The Chair recognizes the gentleman from Ohio (Mr. Ney).