[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2269 Introduced in Senate (IS)]







106th CONGRESS
  2d Session
                                S. 2269

 To amend the Federal Election Campaign Act of 1971 to ban soft money 
 donations, increase individual contribution limits to candidates, and 
                increase disclosure for issue advocacy.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 22, 2000

    Mrs. Feinstein (for herself and Mr. Torricelli) 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 ban soft money 
 donations, increase individual contribution limits to candidates, and 
                increase disclosure for issue advocacy.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. PROHIBITION ON SOFT MONEY OF NATIONAL POLITICAL PARTY 
              COMMITTEES.

    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 
                        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) 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.
    ``(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 for 
determination of tax exempt status 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. 2. INCREASE IN INDIVIDUAL CONTRIBUTION LIMIT.

    (a) Increase in Individual Contribution Limit.--Section 
315(a)(1)(A) of the Federal Election Campaign Act of 1971 (2 U.S.C. 
441a(a)(1)(A)) is amended by striking ``$1,000'' and inserting 
``$3,000''.
    (b) Index of Amount.--Section 315(c) of the Federal Election 
Campaign Act of 1971 (2 U.S.C. 441a(c)) is amended--
            (1) in paragraph (1)--
                    (A) by striking the second and third sentences;
                    (B) by inserting ``(A)'' before ``At the 
                beginning''; and
                    (C) by adding at the end the following:
    ``(B) In any calendar year after 2001--
            ``(i) a limitation established by subsection (a)(1)(A), 
        (b), or (d) shall be increased by the percent difference 
        determined under subparagraph (A); and
            ``(ii) each amount so increased shall remain in effect for 
        the calendar year.''; and
            (2) in paragraph (2)(B), by striking ``means the calendar 
        year 1974'' and inserting ``means--
                    ``(i) for purposes of subsections (b) and (d), 
                calendar year 1974; and
                    ``(ii) for purposes of subsection (a)(1)(A), 
                calendar year 2000''.
    (c) Effective Dates.--
            (1) Subsection (a).--The amendment made by subsection (a) 
        shall apply with respect to elections occurring after December 
        31, 2000.
            (2) Subsection (b).--The amendments made by subsection (b) 
        shall apply to calendar years beginning after December 31, 
        2001.

SEC. 3. DISCLOSURE OF ELECTIONEERING COMMUNICATIONS.

    Section 304 of the Federal Election Campaign Act of 1971 (2 U.S.C. 
434) is amended by adding at the end the following:
    ``(d) Additional Statements on Electioneering Communications.--
            ``(1) Statement required.--Every person who makes a 
        disbursement for electioneering communications in an aggregate 
        amount in excess of $10,000 during any calendar year shall, 
        within 48 hours of each disclosure date, file with the 
        Commission a statement containing the information described in 
        paragraph (2).
            ``(2) Contents of statement.--Each statement required to be 
        filed under this subsection shall be made under penalty of 
        perjury and shall contain the following information:
                    ``(A) The identification of the person making the 
                disbursement, of any entity sharing or exercising 
                direction or control over the activities of such 
                person, and of the custodian of the books and accounts 
                of the person making the disbursement.
                    ``(B) The State of incorporation and the principal 
                place of business of the person making the 
                disbursement.
                    ``(C) The amount of each disbursement during the 
                period covered by the statement and the identification 
                of the person to whom the disbursement was made.
                    ``(D) The elections to which the electioneering 
                communications pertain and the names (if known) of the 
                candidates identified or to be identified.
                    ``(E) If the disbursements were paid out of a 
                segregated account to which only individuals could 
                contribute, the names and addresses of all contributors 
                who contributed an aggregate amount of $3,000 or more 
                to that account during the period beginning on the 
                first day of the preceding calendar year and ending on 
                the disclosure date.
                    ``(F) If the disbursements were paid out of funds 
                not described in subparagraph (E), the names and 
                addresses of all contributors who contributed an 
                aggregate amount of $3,000 or more to the organization 
                or any related entity during the period beginning on 
                the first day of the preceding calendar year and ending 
                on the disclosure date.
                    ``(G) Whether or not any electioneering 
                communication is made in coordination, cooperation, 
                consultation, or concert with, or at the request or 
                suggestion of, any candidate or any authorized 
                committee, any political party or committee, or any 
                agent of the candidate, political party, or committee 
                and if so, the identification of any candidate, party, 
                committee, or agent involved.
            ``(3) Electioneering communication.--For purposes of this 
        subsection--
                    ``(A) In general.--The term `electioneering 
                communication' means any broadcast from a television or 
                radio broadcast station which--
                            ``(i) refers to a clearly identified 
                        candidate for Federal office;
                            ``(ii) is made (or scheduled to be made) 
                        within--
                                    ``(I) 60 days before a general, 
                                special, or runoff election for such 
                                Federal office; or
                                    ``(II) 30 days before a primary or 
                                preference election, or a convention or 
                                caucus of a political party that has 
                                authority to nominate a candidate, for 
                                such Federal office; and
                            ``(iii) is broadcast from a television or 
                        radio broadcast station whose audience includes 
                        the electorate for such election, convention, 
                        or caucus.
                    ``(B) Exceptions.--Such term shall not include--
                            ``(i) communications appearing in a news 
                        story, commentary, or editorial distributed 
                        through the facilities of any broadcasting 
                        station, unless such facilities are owned or 
                        controlled by any political party, political 
                        committee, or candidate; or
                            ``(ii) communications which constitute 
                        expenditures or independent expenditures under 
                        this Act.
            ``(4) Disclosure date.--For purposes of this subsection, 
        the term `disclosure date' means--
                    ``(A) the first date during any calendar year by 
                which a person has made disbursements for 
                electioneering communications aggregating in excess of 
                $10,000; and
                    ``(B) any other date during such calendar year by 
                which a person has made disbursements for 
                electioneering communications aggregating in excess of 
                $10,000 since the most recent disclosure date for such 
                calendar year.
            ``(5) Contracts to disburse.--For purposes of this 
        subsection, a person shall be treated as having made a 
        disbursement if the person has contracted to make the 
        disbursement.
            ``(6) Coordination with other requirements.--Any 
        requirement to report under this subsection shall be in 
        addition to any other reporting requirement under this Act.''.
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