H.R.417

Bipartisan Campaign Finance Reform Act of 1999 (Referred in Senate)


September 16, 1999

Received

September 29, 1999

Read twice and referred to the Committee on Rules and Administration



AN ACT

To amend the Federal Election Campaign Act of 1971 to reform the financing of campaigns for elections for Federal office, and for other purposes.

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 `Bipartisan Campaign Finance Reform Act of 1999'.

(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. Filing of reports using computers and facsimile machines.

Sec. 302. Prohibition of deposit of contributions with incomplete contributor information.

Sec. 303. Audits.

Sec. 304. Reporting requirements for contributions of $50 or more.

Sec. 305. Use of candidates' names.

Sec. 306. Prohibition of false representation to solicit contributions.

Sec. 307. Soft money of persons other than political parties.

Sec. 308. Campaign advertising.

TITLE IV--PERSONAL WEALTH OPTION

Sec. 401. Voluntary personal funds expenditure limit.

Sec. 402. Political party committee coordinated expenditures.

TITLE V--MISCELLANEOUS

Sec. 501. Codification of Beck decision.

Sec. 502. Use of contributed amounts for certain purposes.

Sec. 503. Limit on congressional use of the franking privilege.

Sec. 504. Prohibition of fundraising on Federal property.

Sec. 505. Penalties for violations.

Sec. 506. Strengthening foreign money ban.

Sec. 507. Prohibition of contributions by minors.

Sec. 508. Expedited procedures.

Sec. 509. Initiation of enforcement proceeding.

Sec. 510. Protecting equal participation of eligible voters in campaigns and elections.

Sec. 511. Penalty for violation of prohibition against foreign contributions.

Sec. 512. Expedited court review of certain alleged violations of Federal Election Campaign Act of 1971.

Sec. 513. Conspiracy to violate presidential campaign spending limits.

Sec. 514. Deposit of certain contributions and donations in Treasury account.

Sec. 515. Establishment of a clearinghouse of information on political activities within the Federal Election Commission.

Sec. 516. Enforcement of spending limit on presidential and vice presidential candidates who receive public financing.

Sec. 517. Clarification of right of nationals of the United States to make political contributions.

TITLE VI--INDEPENDENT COMMISSION ON CAMPAIGN FINANCE REFORM

Sec. 601. Establishment and purpose of Commission.

Sec. 602. Membership of Commission.

Sec. 603. Powers of Commission.

Sec. 604. Administrative provisions.

Sec. 605. Report and recommended legislation.

Sec. 606. Expedited congressional consideration of legislation.

Sec. 607. Termination.

Sec. 608. Authorization of appropriations.

TITLE VII--PROHIBITING USE OF WHITE HOUSE MEALS AND ACCOMMODATIONS FOR POLITICAL
FUNDRAISING

Sec. 701. Prohibiting use of White House meals and accommodations for political fundraising.

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

Sec. 801. Sense of the Congress regarding applicability of controlling legal authority to fundraising on Federal government property.

TITLE IX--PROHIBITING SOLICITATION TO OBTAIN ACCESS TO CERTAIN FEDERAL GOVERNMENT
PROPERTY

Sec. 901. Prohibition against acceptance or solicitation to obtain access to certain Federal government property.

TITLE X--REIMBURSEMENT FOR USE OF GOVERNMENT PROPERTY FOR CAMPAIGN ACTIVITY

Sec. 1001. Requiring national parties to reimburse at cost for use of Air Force One for political fundraising.

Sec. 1002. Reimbursement for use of Government equipment for campaign-related travel.

TITLE XI--PROHIBITING USE OF WALKING AROUND MONEY

Sec. 1101. Prohibiting campaigns from providing currency to individuals for purposes of encouraging turnout on date of election.

TITLE XII--ENHANCING ENFORCEMENT OF CAMPAIGN LAW

Sec. 1201. Enhancing enforcement of campaign finance law.

TITLE XIII--BAN ON COORDINATED SOFT MONEY ACTIVITIES BY PRESIDENTIAL CANDIDATES

Sec. 1301. Ban on coordination of soft money for issue advocacy by presidential candidates receiving public financing.

TITLE XIV--POSTING NAMES OF CERTAIN AIR FORCE ONE PASSENGERS ON INTERNET

Sec. 1401. Requirement that names of passengers on Air Force One and Air Force Two be made available through the Internet.

TITLE XV--EXPULSION PROCEEDINGS FOR HOUSE MEMBERS RECEIVING FOREIGN CONTRIBUTIONS

Sec. 1501. Permitting consideration of privileged motion to expel House member accepting illegal foreign contribution.

TITLE XVI--SEVERABILITY; CONSTITUTIONALITY; EFFECTIVE DATE; REGULATIONS

Sec. 1601. Severability.

Sec. 1602. Review of constitutional issues.

Sec. 1603. Effective date.

Sec. 1604. Regulations.

TITLE I--REDUCTION OF SPECIAL INTEREST INFLUENCE

SEC. 101. SOFT MONEY OF POLITICAL PARTIES.

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

`SOFT MONEY OF POLITICAL PARTIES

`SEC. 323. (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 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.'.

SEC. 102. INCREASED CONTRIBUTION LIMITS FOR STATE COMMITTEES OF POLITICAL PARTIES AND
AGGREGATE CONTRIBUTION LIMIT FOR INDIVIDUALS.

(a) CONTRIBUTION LIMIT FOR STATE COMMITTEES OF POLITICAL PARTIES- Section 315(a)(1) of the Federal Election Campaign Act
of 1971 (2 U.S.C. 441a(a)(1)) is amended--

(1) in subparagraph (B), by striking `or' at the end;

(2) in subparagraph (C)--

(A) by inserting `(other than a committee described in subparagraph (D))' after `committee'; and

(B) by striking the period at the end and inserting `; or'; and

(3) by adding at the end the following:

`(D) to a political committee established and maintained by a State committee of a political party in any calendar year that, in the aggregate,
exceed $10,000'.

(b) AGGREGATE CONTRIBUTION LIMIT FOR INDIVIDUAL- Section 315(a)(3) of the Federal Election Campaign Act of 1971 (2 U.S.C.
441a(a)(3)) is amended by striking `$25,000' and inserting `$30,000'.

SEC. 103. REPORTING REQUIREMENTS.

(a) REPORTING REQUIREMENTS- Section 304 of the Federal Election Campaign Act of 1971 (2 U.S.C. 434) (as amended by section 204) is
amended by inserting after subsection (d) the following:

`(e) POLITICAL COMMITTEES-

`(1) NATIONAL AND CONGRESSIONAL POLITICAL COMMITTEES- The national committee of a political party, any national
congressional campaign committee of a political party, and any subordinate committee of either, shall report all receipts and disbursements
during the reporting period.

`(2) OTHER POLITICAL COMMITTEES TO WHICH SECTION 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 (xiv) as clauses (viii) through (xiii), 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.