[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2356 Reported in House (RH)]
Union Calendar No. 73
107th CONGRESS
1st Session
H. R. 2356
[Report No. 107-131, Part I]
To amend the Federal Election Campaign Act of 1971 to provide
bipartisan campaign reform.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 28, 2001
Mr. Shays (for himself and Mr. Meehan) introduced the following bill;
which was referred to the Committee on House Administration, and in
addition to the Committees on Energy and Commerce, and the Judiciary,
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of
the committee concerned
July 10, 2001
Reported adversely from the Committee on House Administration
July 10, 2001
Referral to the Committees on Energy and Commerce and the Judiciary
extended for a period ending not later than July 10, 2001
July 10, 2001
The Committees on Energy and Commerce and the Judiciary discharged;
referred to the Committee of the Whole House on the State of the Union
and ordered to be printed
_______________________________________________________________________
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 ``Bipartisan
Campaign 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--NONCANDIDATE CAMPAIGN EXPENDITURES
Subtitle A--Electioneering Communications
Sec. 201. Disclosure of electioneering communications.
Sec. 202. Coordinated communications as contributions.
Sec. 203. Prohibition of corporate and labor disbursements for
electioneering communications.
Sec. 204. Rules relating to certain targeted electioneering
communications.
Subtitle B--Independent and Coordinated Expenditures
Sec. 211. Definition of independent expenditure.
Sec. 212. Reporting requirements for certain independent expenditures.
Sec. 213. Independent versus coordinated expenditures by party.
Sec. 214. Coordination with candidates or political parties.
TITLE III--MISCELLANEOUS
Sec. 301. Use of contributed amounts for certain purposes.
Sec. 302. Prohibition of fundraising on Federal property.
Sec. 303. Strengthening foreign money ban.
Sec. 304. Modification of individual contribution limits in response to
expenditures from personal funds.
Sec. 305. Television media rates.
Sec. 306. Limitation on availability of lowest unit charge for Federal
candidates attacking opposition.
Sec. 307. Software for filing reports and prompt disclosure of
contributions.
Sec. 308. Modification of contribution limits.
Sec. 309. Donations to Presidential inaugural committee.
Sec. 310. Prohibition on fraudulent solicitation of funds.
Sec. 311. Study and report on Clean Money Clean Elections laws.
Sec. 312. Clarity standards for identification of sponsors of election-
related advertising.
Sec. 313. Increase in penalties.
Sec. 314. Statute of limitations.
Sec. 315. Sentencing guidelines.
Sec. 316. Increase in penalties imposed for violations of conduit
contribution ban.
Sec. 317. Restriction on increased contribution limits by taking into
account candidate's available funds.
Sec. 318. Clarification of right of nationals of the United States to
make political contributions.
Sec. 319. Prohibition of contributions by minors.
Sec. 320. Definition of contributions made through intermediary or
conduit for purposes of applying
contribution limits.
Sec. 321. Prohibiting authorized committees from forming joint
fundraising committees with political party
committees.
Sec. 322. Regulations to prohibit efforts to evade requirements.
TITLE IV--SEVERABILITY; EFFECTIVE DATE
Sec. 401. Severability.
Sec. 402. Effective date.
Sec. 403. Judicial review.
TITLE V--ADDITIONAL DISCLOSURE PROVISIONS
Sec. 501. Internet access to records.
Sec. 502. Maintenance of website of election reports.
Sec. 503. Additional monthly and quarterly disclosure reports.
Sec. 504. Public access to broadcasting records.
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) may not solicit, receive, or direct to
another person a contribution, donation, or transfer of funds
or any other thing of value, or spend any funds, that are not
subject to the limitations, prohibitions, and reporting
requirements of this Act.
``(2) Applicability.-- The prohibition established by
paragraph (1) applies to any such national committee, any
officer or agent acting on behalf of such a national committee,
and any entity that is directly or indirectly established,
financed, maintained, or controlled by such a national
committee.
``(b) State, District, and Local Committees.--
``(1) In general.--Except as provided in paragraph (2), an
amount that is expended or disbursed for Federal election
activity by a State, district, or local committee of a
political party (including an entity that is directly or
indirectly established, financed, maintained, or controlled by
a State, district, or local committee of a political party and
an officer or agent acting on behalf of such committee or
entity), or by an association or similar group of candidates
for State or local office or individuals holding State or local
office, shall be made from funds subject to the limitations,
prohibitions, and reporting requirements of this Act.
``(2) Applicability.--
``(A) In general.--Notwithstanding clause (i) or
(ii) of section 301(20)(A), and subject to subparagraph
(B), paragraph (1) shall not apply to any amount
expended or disbursed by a State, district, or local
committee of a political party in existence as of the date of the
enactment of the Bipartisan Campaign Reform Act of 2001 for an activity
described in either such clause to the extent the amounts expended or
disbursed for such activity are allocated under regulations prescribed
by the Commission which require not less than 50 percent of the amounts
expended or disbursed be paid from a Federal allocation account
consisting solely of contributions subject to the limitations,
prohibitions, and reporting requirements of this Act (not including
funds specifically authorized to be spent under subparagraph (B)(iii)).
``(B) Conditions.--Subparagraph (A) shall only
apply if--
``(i) the activity does not refer to a
clearly identified candidate for Federal
office;
``(ii) the amounts expended or disbursed
are not for the costs of any broadcasting,
cable, or satellite communication, other than a
communication which refers solely to a clearly
identified candidate for State or local office;
``(iii) the amounts expended or disbursed
which are not from a Federal allocation account
described in subparagraph (A) are paid from
amounts which are donated in accordance with
State law and which meet the requirements of
subparagraph (C), except that no person
(including any person established, financed,
maintained, or controlled by such person) may
donate more than $10,000 to a State, district,
or local committee of a political party in a
calendar year for such expenditures or
disbursements; and
``(iv) the amounts expended or disbursed
are made solely from funds raised by the State,
local, or district committee which makes such
expenditure or disbursement, and do not include
any funds provided to such committee from--
``(I) any other State, local, or
district committee of any State party,
``(II) the national committee of a
political party (including a national
congressional campaign committee of a
political party),
``(III) any officer or agent acting
on behalf of any committee described in
subclause (I) or (II), or
``(IV) any entity directly or
indirectly established, financed,
maintained, or controlled by any
committee described in subclause (I) or
(II).
``(C) Prohibiting involvement of national parties,
federal candidates and officeholders, and state parties
acting jointly.--Notwithstanding subsection (e) (other
than subsection (e)(3)), amounts specifically
authorized to be spent under subparagraph (B)(iii) meet
the requirements of this subparagraph only if the
amounts--
``(i) are not solicited, received,
directed, transferred, or spent by or in the
name of any person described in subsection (a)
or (e); and
``(ii) are not solicited, received, or
directed through fundraising activities
conducted jointly by 2 or more State, local, or
district committees of any political party or
their agents, or by a State, local, or district
committee of a political party on behalf of the
State, local, or district committee of a
political party or its agent in one or more
other States.
``(c) Fundraising Costs.--An amount spent by a person described in
subsection (a) or (b) to raise funds that are used, in whole or in
part, for expenditures and disbursements for 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--
``(1) 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) and that makes expenditures or disbursements in
connection with an election for Federal office (including
expenditures or disbursements for Federal election activity);
or
``(2) an organization described in section 527 of such Code
(other than a political committee, a State, district, or local
committee of a political party, or the authorized campaign
committee of a candidate for State or local office).
``(e) Federal Candidates.--
``(1) In general.--A candidate, individual holding Federal
office, agent of a candidate or an individual holding Federal
office, or an entity directly or indirectly established,
financed, maintained or controlled by or acting on behalf of 1
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), (2), and (3) of section 315(a);
and
``(ii) are not from sources prohibited by
this Act from making contributions in
connection with an election for Federal office.
``(2) State law.--Paragraph (1) does not apply to the
solicitation, receipt, or spending of funds by an individual
described in such paragraph who is also a candidate for a State
or local office solely in connection with such election for
State or local office if the solicitation, receipt, or spending
of funds is permitted under State law and refers only to such
State or local candidate, or to any other candidate for the
State or local office sought by such candidate, or both.
``(3) Fundraising events.--Notwithstanding paragraph (1) or
subsection (b)(2)(C), a candidate or an individual holding
Federal office may attend, speak, or be a featured guest at a
fundraising event for a State, district, or local committee of
a political party.
``(4) Limitation applicable for purposes of solicitation of
donations by individuals to certain organizations.--In the case
of the solicitation of funds by any person described in
paragraph (1) on behalf of any entity described in subsection
(d) which is made specifically for funds to be used for
activities described in clauses (i) and (ii) of section
301(20)(A), or made for any such entity which engages primarily
in activities described in such clauses, the limitation
applicable for purposes of a donation of funds by an individual
shall be the limitation set forth in section 315(a)(1)(D).
``(5) Treatment of amounts used to influence or challenge
state reapportionment.--Nothing in this subsection shall
prevent or limit an individual described in paragraph (1) from
soliciting or spending funds to be used exclusively for the
purpose of influencing the reapportionment decisions of a State
or the financing of litigation which relates exclusively to the
reapportionment decisions made by a State.
``(f) State Candidates.--
``(1) In general.--A candidate for State or local office,
individual holding State or local office, or an agent of such a
candidate or individual may not spend any funds for a
communication described in section 301(20)(A)(iii) unless the
funds are subject to the limitations, prohibitions, and
reporting requirements of this Act.
``(2) Exception for certain communications.--Paragraph (1)
shall not apply to an individual described in such paragraph if
the communication involved is in connection with an election
for such State or local office and refers only to such
individual or to any other candidate for the State or local
office held or sought by such individual, or both.''.
(b) Definitions.--Section 301 of the Federal Election Campaign Act
of 1971 (2 U.S.C. 431) is amended by adding at the end thereof the
following:
``(20) 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);
``(iii) a public 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 that promotes or supports a
candidate for that office, or attacks or
opposes a candidate for that office (regardless
of whether the communication expressly
advocates a vote for or against a candidate);
or
``(iv) services provided during any month
by an employee of a State, district, or local
committee of a political party who spends more
than 25 percent of that individual's
compensated time during that month on
activities in connection with a Federal
election.
``(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) a public communication that refers
solely to a clearly identified candidate for
State or local office, if the communication is
not a Federal election activity described in
subparagraph (A)(i) or (ii);
``(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; and
``(v) the cost of constructing or
purchasing an office facility or equipment for
a State, district, or local committee.
``(21) Generic campaign activity.--The term `generic
campaign activity' means a campaign activity that promotes a
political party and does not promote a candidate or non-Federal
candidate.
``(22) Public communication.--The term `public
communication' means a communication by means of any broadcast,
cable, or satellite communication, newspaper, magazine, outdoor
advertising facility, mass mailing, or telephone bank to the
general public, or any other form of general public political
advertising.
``(23) Mass mailing.--The term `mass mailing' means a
mailing by United States mail or facsimile of more than 500
pieces of mail matter of an identical or substantially similar
nature within any 30-day period.
``(24) Telephone bank.--The term `telephone bank' means
more than 500 telephone calls of an identical or substantially
similar nature within any 30-day period.''.
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
which, 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) is amended by adding at the end 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.--
``(A) In general.--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 section 301(20)(A).
``(B) Specific disclosure by state and local
parties of certain nonfederal amounts permitted to be
spent on federal election activity.--Each report by a
political committee under subparagraph (A) of receipts
and disbursements made for activities described in
section 301(20)(A) shall include a disclosure of all
receipts and disbursements made section 323(b)(2)(A)
and (B).
``(3) Itemization.--If a political committee has receipts
or disbursements to which this subsection applies from or to
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)(4)(B).''.
(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--NONCANDIDATE CAMPAIGN EXPENDITURES
Subtitle A--Electioneering Communications
SEC. 201. DISCLOSURE OF ELECTIONEERING COMMUNICATIONS.
(a) In General.--Section 304 of the Federal Election Campaign Act
of 1971 (2 U.S.C. 434), as amended by section 103, is amended by adding
at the end the following new subsection:
``(f) Disclosure of Electioneering Communications.--
``(1) Statement required.--Every person who makes a
disbursement for the direct costs of producing and airing
electioneering communications in an aggregate amount in excess
of $10,000 during any calendar year shall, within 24 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 person 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 principal place of business of the person
making the disbursement, if not an individual.
``(C) The amount of each disbursement of more than
$200 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 bank account which consists of funds
contributed solely by individuals who are United States
citizens or nationals or lawfully admitted for
permanent residence as defined in section 1101(a)(2) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(2)) directly to this account for electioneering
communications, the names and addresses of all
contributors who contributed an aggregate amount of $1,000 or more to
that account during the period beginning on the first day of the
preceding calendar year and ending on the disclosure date. Nothing in
this subparagraph is to be construed as a prohibition on the use of
funds in such a segregated account for a purpose other than
electioneering communications.
``(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 $1,000 or more to the person making
the disbursement during the period beginning on the
first day of the preceding calendar year and ending on
the disclosure date.
``(3) Electioneering communication.--For purposes of this
subsection--
``(A) In general.--(i) The term `electioneering
communication' means any broadcast, cable, or satellite
communication which--
``(I) refers to a clearly identified
candidate for Federal office;
``(II) is made within--
``(aa) 60 days before a general,
special, or runoff election for the
office sought by the candidate; or
``(bb) 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
the office sought by the candidate; and
``(III) in the case of a communication
which refers to a candidate for an office other
than President or Vice President, is targeted
to the relevant electorate.
``(ii) If clause (i) is held to be constitutionally
insufficient by final judicial decision to support the
regulation provided herein, then the term
`electioneering communication' means any broadcast,
cable, or satellite communication which promotes or
supports a candidate for that office, or attacks or
opposes a candidate for that office (regardless of
whether the communication expressly advocates a vote
for or against a candidate) and which also is
suggestive of no plausible meaning other than an
exhortation to vote for or against a specific
candidate. Nothing in this subparagraph shall be
construed to affect the interpretation or application
of section 100.22(b) of title 11, Code of Federal
Regulations.
``(B) Exceptions.--The term `electioneering
communication' does not include--
``(i) a communication 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;
``(ii) a communication which constitutes an
expenditure or an independent expenditure under
this Act;
``(iii) a communication which constitutes a
candidate debate or forum conducted pursuant to
regulations adopted by the Commission, or which
solely promotes such a debate or forum and is
made by or on behalf of the person sponsoring
the debate or forum; or
``(iv) any other communication exempted
under such regulations as the Commission may
promulgate (consistent with the requirements of
this paragraph) to ensure the appropriate
implementation of this paragraph, except that
under any such regulation a communication may
not be exempted if it meets the requirements of
this paragraph and is described in section
301(20)(A)(iii).
``(C) Targeting to relevant electorate.--For
purposes of this paragraph, a communication which
refers to a clearly identified candidate for Federal
office is `targeted to the relevant electorate' if the
communication can be received by 50,000 or more
persons--
``(i) in the district the candidate seeks
to represent, in the case of a candidate for
Representative in, or Delegate or Resident
Commissioner to, the Congress; or
``(ii) in the State the candidate seeks to
represent, in the case of a candidate for
Senator.
``(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 the direct
costs of producing or airing 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 the direct
costs of producing or airing 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 executed a contract 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.
``(7) Coordination with internal revenue code.--Nothing in
this subsection may be construed to establish, modify, or
otherwise affect the definition of political activities or
electioneering activities (including the definition of
participating in, intervening in, or influencing or attempting
to influence a political campaign on behalf of or in opposition
to any candidate for public office) for purposes of the
Internal Revenue Code of 1986.''.
(b) Responsibilities of Federal Communications Commission.--The
Federal Communications Commission shall compile and maintain any
information the Federal Election Commission may require to carry out
section 304(f) of the Federal Election Campaign Act of 1971 (as added
by subsection (a)), and shall make such information available to the
public on the Federal Communication Commission's website.
SEC. 202. COORDINATED COMMUNICATIONS AS CONTRIBUTIONS.
Section 315(a)(7) of the Federal Election Campaign Act of 1971 (2
U.S.C. 441a(a)(7)) is amended--
(1) by redesignating subparagraph (C) as subparagraph (D);
and
(2) by inserting after subparagraph (B) the following:
``(C) if--
``(i) any person makes, or contracts to
make, any disbursement for any electioneering
communication (within the meaning of section
304(f)(3)); and
``(ii) such disbursement is coordinated
with a candidate or an authorized committee of
such candidate, a Federal, State, or local
political party or committee thereof, or an
agent or official of any such candidate, party,
or committee;
such disbursement or contracting shall be treated as a
contribution to the candidate supported by the
electioneering communication or that candidate's party
and as an expenditure by that candidate or that
candidate's party; and''.
SEC. 203. PROHIBITION OF CORPORATE AND LABOR DISBURSEMENTS FOR
ELECTIONEERING COMMUNICATIONS.
(a) In General.--Section 316(b)(2) of the Federal Election Campaign
Act of 1971 (2 U.S.C. 441b(b)(2)) is amended by inserting ``or for any
applicable electioneering communication'' before ``, but shall not
include''.
(b) Applicable Electioneering Communication.--Section 316 of such
Act is amended by adding at the end the following:
``(c) Rules Relating to Electioneering Communications.--
``(1) Applicable electioneering communication.--For
purposes of this section, the term `applicable electioneering
communication' means an electioneering communication (within
the meaning of section 304(f)(3)) which is made by any entity
described in subsection (a) of this section or by any other
person using funds donated by an entity described in subsection
(a) of this section.
``(2) Exception.--Notwithstanding paragraph (1), the term
`applicable electioneering communication' does not include a
communication by a section 501(c)(4) organization or a
political organization (as defined in section 527(e)(1) of such
Code) made under section 304(f)(2)(E) or (F) of this Act if the
communication is paid for exclusively by funds provided
directly by individuals who are United States citizens or
nationals or lawfully admitted for permanent residence as
defined in section 1101(a)(2) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(2)). For purposes of the
preceding sentence, the term `provided directly by individuals'
does not include funds the source of which is an entity
described in subsection (a) of this section.
``(3) Special operating rules.--
``(A) Definition under paragraph (1).--An
electioneering communication shall be treated as made
by an entity described in subsection (a) if an entity
described in subsection (a) directly or indirectly
disburses any amount for any of the costs of the
communication.
``(B) Exception under paragraph (2).--A section
501(c)(4) organization that derives amounts from
business activities or receives funds from any entity
described in subsection (a) shall be considered to have
paid for any communication out of such amounts unless
such organization paid for the communication out of a
segregated account to which only individuals can
contribute, as described in section 304(f)(2)(E).
``(4) Definitions and rules.--For purposes of this
subsection--
``(A) the term `section 501(c)(4) organization'
means--
``(i) an organization described in section
501(c)(4) of the Internal Revenue Code of 1986
and exempt from taxation under section 501(a)
of such Code; or
``(ii) an organization which has submitted
an application to the Internal Revenue Service
for determination of its status as an
organization described in clause (i); and
``(B) a person shall be treated as having made a
disbursement if the person has executed a contract to
make the disbursement.
``(5) Coordination with internal revenue code.--Nothing in
this subsection shall be construed to authorize an organization
exempt from taxation under section 501(a) of the Internal
Revenue Code of 1986 to carry out any activity which is
prohibited under such Code.''.
SEC. 204. RULES RELATING TO CERTAIN TARGETED ELECTIONEERING
COMMUNICATIONS.
Section 316(c) of the Federal Election Campaign Act of 1971 (2
U.S.C. 441b), as added by section 203, is amended by adding at the end
the following:
``(6) Special rules for targeted communications.--
``(A) Exception does not apply.--Paragraph (2)
shall not apply in the case of a targeted communication
that is made by an organization described in such
paragraph.
``(B) Targeted communication.--For purposes of
subparagraph (A), the term `targeted communication'
means an electioneering communication (as defined in
section 304(f)(3)) that is distributed from a
television or radio broadcast station or provider of
cable or satellite television service and, in the case of a
communication which refers to a candidate for an office other than
President or Vice President, is targeted to the relevant electorate.
``(C) Definition.--For purposes of this paragraph,
a communication is `targeted to the relevant
electorate' if it meets the requirements described in
section 304(f)(3)(C).''.
Subtitle B--Independent and Coordinated Expenditures
SEC. 211. 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.--The term `independent
expenditure' means an expenditure by a person--
``(A) expressly advocating the election or defeat
of a clearly identified candidate; and
``(B) that is not made in concert or cooperation
with, at the request or suggestion of, or pursuant to
any general or particular understanding with, such
candidate, the candidate's authorized political
committee, or their agents, or a political party
committee or its agents.''.
SEC. 212. REPORTING REQUIREMENTS FOR CERTAIN INDEPENDENT EXPENDITURES.
(a) In General.--Section 304 of the Federal Election Campaign Act
of 1971 (2 U.S.C. 434) (as amended by section 201) is amended--
(1) in subsection (c)(2), by striking the undesignated
matter after subparagraph (C); and
(2) by adding at the end the following:
``(g) 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.
``(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.
``(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)''.
SEC. 213. 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, on or
after the date described in subparagraph (A), has not
and shall not make any independent expenditure with
respect to the candidate during the same election
cycle.
``(C) Application.--For 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. 214. COORDINATION WITH CANDIDATES OR POLITICAL PARTIES.
(a) In General.--
(1) Coordinated expenditure or disbursement treated as
contribution.--Section 301(8) of the Federal Election Campaign
Act of 1971 (2 U.S.C. 431(8)) is amended--
(A) by striking ``or'' at the end of subparagraph
(A)(i);
(B) by striking ``purpose.'' in subparagraph
(A)(ii) and inserting ``purpose;''; and
(C) by adding at the end of subparagraph (A) the
following:
``(iii) any coordinated expenditure or
other disbursement made by any person in
connection with a candidate's election,
regardless of whether the expenditure or
disbursement is for a communication that
contains express advocacy; or
``(iv) any coordinated expenditure or other
disbursement made in coordination with a
national committee, State committee, or other
political committee of a political party by a
person (other than a candidate or a candidate's
authorized committee) in connection with an
election, regardless of whether the expenditure
or disbursement is for a communication that
contains express advocacy.''.
(2) Conforming amendment.--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 expenditure or disbursement
described in--
``(i) section 301(8)(A)(iii) shall be
considered to be a contribution to the
candidate and an expenditure by the candidate;
and
``(ii) section 301(8)(A)(iv) shall be
considered to be a contribution to, and an
expenditure by, the political party committee;
and''.
(b) Definition of Coordination.--Section 301(8) of the Federal
Election Campaign Act of 1971 (2 U.S.C. 431(8)) is amended by adding at
the end the following:
``(C) For purposes of subparagraph (A)(iii) and
(iv), the term `coordinated expenditure or other
disbursement' means a payment made in concert or
cooperation with, at the request or suggestion of, or
pursuant to any general or particular understanding
with, such candidate, the candidate's authorized
political committee, or their agents, or a political
party committee or its agents.''.
(c) Regulations by the Federal Election Commission.--(1) Within 90
days of the effective date of this Act, the Federal Election Commission
shall promulgate new regulations to enforce the statutory standard set
by section 301(8)(C) of the Federal Election Campaign Act of 1971 (as
added by subsection (b)) and section 301(17)(B) of such Act (as amended
by section 211). The regulations shall not require collaboration or
agreement to establish coordination. In addition to any subject
determined by the Commission, the regulations shall address--
(A) payments for the republication of campaign materials;
(B) payments for the use of a common vendor;
(C) payments for communications directed or made by persons
who previously served as an employee of a candidate or a
political party; and
(D) payments for communications made by a person after
substantial discussion about the communication with a candidate
or a political party.
(2) The regulations on coordination adopted by the Federal Election
Commission and published in the Federal Register at page 76138 of
volume 65, Federal Register, on December 6, 2000, are repealed as of 90
days after the effective date of this Act.
(d) 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)(2)) 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--MISCELLANEOUS
SEC. 301. 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 donation 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 otherwise authorized 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 donation 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 donation 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 office, 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. 302. 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. It shall be unlawful for an individual who is an
officer or employee of the Federal Government, including the
President, Vice President, and Members of Congress, to solicit
or receive 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. 303. STRENGTHENING FOREIGN MONEY BAN.
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 contribution or donation of money or other
thing of value, or to make an express or implied
promise to make a contribution or donation, in
connection with a Federal, State, or local election;
``(B) a contribution or donation to a committee of
a political party; or
``(C) an expenditure, independent expenditure, or
disbursement for an electioneering communication
(within the meaning of section 304(f)(3)); or
``(2) a person to solicit, accept, or receive a
contribution or donation described in subparagraph (A) or (B)
of paragraph (1) from a foreign national.''.
SEC. 304. MODIFICATION OF INDIVIDUAL CONTRIBUTION LIMITS IN RESPONSE TO
EXPENDITURES FROM PERSONAL FUNDS.
(a) Increased Limits for Individuals.--
(1) In general.--Section 315 of the Federal Election
Campaign Act of 1971 (2 U.S.C. 441a) is amended--
(A) in subsection (a)(1), by striking ``No person''
and inserting ``Except as provided in subsection (i),
no person''; and
(B) by adding at the end the following:
``(i) Increased Limit To Allow Response to Expenditures From
Personal Funds.--
``(1) Increase.--
``(A) In general.--Subject to paragraph (2), if the
opposition personal funds amount with respect to a
candidate for election to the office of Senator exceeds
the threshold amount, the limit under subsection
(a)(1)(A) (in this subsection referred to as the
`applicable limit') with respect to that candidate
shall be the increased limit.
``(B) Threshold amount.--
``(i) State-by-state competitive and fair
campaign formula.--In this subsection, the
threshold amount with respect to an election
cycle of a candidate described in subparagraph
(A) is an amount equal to the sum of--
``(I) $150,000; and
``(II) $0.04 multiplied by the
voting age population.
``(ii) Voting age population.--In this
subparagraph, the term `voting age population'
means in the case of a candidate for the office
of Senator, the voting age population of the
State of the candidate (as certified under
section 315(e)).
``(C) Increased limit.--Except as provided in
clause (ii), for purposes of subparagraph (A), if the
opposition personal funds amount is over--
``(i) 2 times the threshold amount, but not
over 4 times that amount--
``(I) the increased limit shall be
3 times the applicable limit; and
``(II) the limit under subsection
(a)(3) shall not apply with respect to
any contribution made with respect to a
candidate if such contribution is made
under the increased limit of
subparagraph (A) during a period in
which the candidate may accept such a
contribution;
``(ii) 4 times the threshold amount, but
not over 10 times that amount--
``(I) the increased limit shall be
6 times the applicable limit; and
``(II) the limit under subsection
(a)(3) shall not apply with respect to
any contribution made with respect to a
candidate if such contribution is made
under the increased limit of
subparagraph (A) during a period in which the candidate may accept such
a contribution; and
``(iii) 10 times the threshold amount--
``(I) the increased limit shall be
6 times the applicable limit;
``(II) the limit under subsection
(a)(3) shall not apply with respect to
any contribution made with respect to a
candidate if such contribution is made
under the increased limit of
subparagraph (A) during a period in
which the candidate may accept such a
contribution; and
``(III) the limits under subsection
(d) with respect to any expenditure by
a State or national committee of a
political party shall not apply.
``(D) Opposition personal funds amount.--The
opposition personal funds amount is an amount equal to
the excess (if any) of--
``(i) the greatest aggregate amount of
expenditures from personal funds (as defined in
section 304(a)(6)(B)) that an opposing
candidate in the same election makes; over
``(ii) the aggregate amount of expenditures
from personal funds made by the candidate with
respect to the election.
``(2) Time to accept contributions under increased limit.--
``(A) In general.--Subject to subparagraph (B), a
candidate and the candidate's authorized committee
shall not accept any contribution, and a party
committee shall not make any expenditure, under the
increased limit under paragraph (1)--
``(i) until the candidate has received
notification of the opposition personal funds
amount under section 304(a)(6)(B); and
``(ii) to the extent that such
contribution, when added to the aggregate
amount of contributions previously accepted and
party expenditures previously made under the
increased limits under this subsection for the
election cycle, exceeds 110 percent of the
opposition personal funds amount.
``(B) Effect of withdrawal of an opposing
candidate.--A candidate and a candidate's authorized
committee shall not accept any contribution and a party
shall not make any expenditure under the increased
limit after the date on which an opposing candidate
ceases to be a candidate to the extent that the amount
of such increased limit is attributable to such an
opposing candidate.
``(3) Disposal of excess contributions.--
``(A) In general.--The aggregate amount of
contributions accepted by a candidate or a candidate's
authorized committee under the increased limit under
paragraph (1) and not otherwise expended in connection
with the election with respect to which such
contributions relate shall, not later than 50 days
after the date of such election, be used in the manner
described in subparagraph (B).
``(B) Return to contributors.--A candidate or a
candidate's authorized committee shall return the
excess contribution to the person who made the
contribution.
``(j) Limitation on Repayment of Personal Loans.--Any candidate who
incurs personal loans made after the date of enactment of the
Bipartisan Campaign Reform Act of 2001 in connection with the
candidate's campaign for election shall not repay (directly or
indirectly), to the extent such loans exceed $250,000, such loans from
any contributions made to such candidate or any authorized committee of
such candidate after the date of such election.''.
(b) Notification of Expenditures From Personal Funds.--Section
304(a)(6) of the Federal Election Campaign Act of 1971 (2 U.S.C.
434(a)(6)) is amended--
(1) by redesignating subparagraph (B) as subparagraph (E);
and
(2) by inserting after subparagraph (A) the following:
``(B) Notification of expenditure from personal funds.--
``(i) Definition of expenditure from personal funds.--In
this subparagraph, the term `expenditure from personal funds'
means--
``(I) an expenditure made by a candidate using
personal funds; and
``(II) a contribution or loan made by a candidate
using personal funds or a loan secured using such funds
to the candidate's authorized committee.
``(ii) Declaration of intent.--Not later than the date that
is 15 days after the date on which an individual becomes a
candidate for the office of Senator, the candidate shall file a
declaration stating the total amount of expenditures from
personal funds that the candidate intends to make, or to
obligate to make, with respect to the election that will exceed
the State-by-State competitive and fair campaign formula with--
``(I) the Commission; and
``(II) each candidate in the same election.
``(iii) Initial notification.--Not later than 24 hours
after a candidate described in clause (ii) makes or obligates
to make an aggregate amount of expenditures from personal funds
in excess of 2 times the threshold amount in connection with
any election, the candidate shall file a notification with--
``(I) the Commission; and
``(II) each candidate in the same election.
``(iv) Additional notification.--After a candidate files an
initial notification under clause (iii), the candidate shall
file an additional notification each time expenditures from
personal funds are made or obligated to be made in an
aggregate amount that exceed $10,000 with--
``(I) the Commission; and
``(II) each candidate in the same election.
Such notification shall be filed not later than 24 hours after
the expenditure is made.
``(v) Contents.--A notification under clause (iii) or (iv)
shall include--
``(I) the name of the candidate and the office
sought by the candidate;
``(II) the date and amount of each expenditure; and
``(III) the total amount of expenditures from
personal funds that the candidate has made, or
obligated to make, with respect to an election as of
the date of the expenditure that is the subject of the
notification.
``(C) Notification of disposal of excess contributions.--In the
next regularly scheduled report after the date of the election for
which a candidate seeks nomination for election to, or election to,
Federal office, the candidate or the candidate's authorized committee
shall submit to the Commission a report indicating the source and
amount of any excess contributions (as determined under paragraph (1)
of section 315(i)) and the manner in which the candidate or the
candidate's authorized committee used such funds.
``(D) Enforcement.--For provisions providing for the enforcement of
the reporting requirements under this paragraph, see section 309.''.
(c) Definitions.--Section 301 of the Federal Election Campaign Act
of 1971 (2 U.S.C. 431), as amended by section 101(a), is further
amended by adding at the end the following:
``(25) Election cycle.--The term `election cycle' means the period
beginning on the day after the date of the most recent election for the
specific office or seat that a candidate is seeking and ending on the
date of the next election for that office or seat. For purposes of the
preceding sentence, a primary election and a general election shall be
considered to be separate elections.
``(26) Personal funds.--The term `personal funds' means an amount
that is derived from--
``(A) any asset that, under applicable State law, at the
time the individual became a candidate, the candidate had legal
right of access to or control over, and with respect to which
the candidate had--
``(i) legal and rightful title; or
``(ii) an equitable interest;
``(B) income received during the current election cycle of
the candidate, including--
``(i) a salary and other earned income from bona
fide employment;
``(ii) dividends and proceeds from the sale of the
candidate's stocks or other investments;
``(iii) bequests to the candidate;
``(iv) income from trusts established before the
beginning of the election cycle;
``(v) income from trusts established by bequest
after the beginning of the election cycle of which the
candidate is the beneficiary;
``(vi) gifts of a personal nature that had been
customarily received by the candidate prior to the
beginning of the election cycle; and
``(vii) proceeds from lotteries and similar legal
games of chance; and
``(C) a portion of assets that are jointly owned by the
candidate and the candidate's spouse equal to the candidate's
share of the asset under the instrument of conveyance or
ownership, but if no specific share is indicated by an
instrument of conveyance or ownership, the value of \1/2\ of
the property.''.
SEC. 305. TELEVISION MEDIA RATES.
(a) Lowest Unit Charge.--Subsection (b) of section 315 of the
Communications Act of 1934 (47 U.S.C. 315) is amended--
(1) by striking ``(b) The charges'' and inserting the
following:
``(b) Charges.--
``(1) In general.--Except as provided in paragraph (2), the
charges'';
(2) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively; and
(3) by adding at the end the following:
``(2) Television.--The charges made for the use of any
television broadcast station, or by a provider of cable or
satellite television service, to any person who is a legally
qualified candidate for any public office in connection with
the campaign of such candidate for nomination for election, or
election, to such office shall not exceed, during the periods
referred to in paragraph (1)(A), the lowest charge of the
station (at any time during the 180-day period preceding the
date of the use) for the same amount of time for the same
period.''.
(b) Rate Available for National Parties.--Section 315(b)(2) of such
Act (47 U.S.C. 315(b)(2), as added by subsection (a)(3), is amended by
inserting ``, or to a national committee of a political party making
expenditures under section 315(d) of the Federal Election Campaign Act
of 1971 on behalf of such candidate in connection with such campaign,''
after ``such office''.
(c) Preemption.--Section 315 of such Act (47 U.S.C. 315) is
amended--
(1) by redesignating subsections (c) and (d) as subsections
(e) and (f), respectively; and
(2) by inserting after subsection (b) the following new
subsection:
``(c) Preemption.--
``(1) In general.--Except as provided in paragraph (2), a
licensee shall not preempt the use of a television broadcast
station, or a provider of cable or satellite television
service, by an eligible candidate or political committee of a
political party who has purchased and paid for such use
pursuant to subsection (b)(2).
``(2) Circumstances beyond control of licensee.--If a
program to be broadcast by a television broadcast station, or a
provider of cable or satellite television service, is preempted
because of circumstances beyond the control of the station, any
candidate or party advertising spot scheduled to be broadcast
during that program may also be preempted.''.
(d) Random Audits.--Section 315 of such Act (47 U.S.C. 315), as
amended by subsection (c), is amended by inserting after subsection (c)
the following new subsection:
``(d) Random Audits.--
``(1) In general.--During the 45-day period preceding a
primary election and the 60-day period preceding a general
election, the Commission shall conduct random audits of
designated market areas to ensure that each television
broadcast station, and provider of cable or satellite
television service, in those markets is allocating television
broadcast advertising time in accordance with this section and
section 312.
``(2) Markets.--The random audits conducted under paragraph
(1) shall cover the following markets:
``(A) At least 6 of the top 50 largest designated
market areas (as defined in section 122(j)(2)(C) of
title 17, United States Code).
``(B) At least 3 of the 51-100 largest designated
market areas (as so defined).
``(C) At least 3 of the 101-150 largest designated
market areas (as so defined).
``(D) At least 3 of the 151-210 largest designated
market areas (as so defined).
``(3) Broadcast stations.--Each random audit shall include
each of the 3 largest television broadcast networks, 1
independent network, and 1 cable network.''.
(e) Definition of Broadcasting Station.--Subsection (e) of section
315 of such Act (47 U.S.C. 315(e)), as redesignated by subsection
(c)(1) of this section, is amended by inserting ``, a television
broadcast station, and a provider of cable or satellite television
service'' before the semicolon.
(f) Stylistic Amendments.--Section 315 of such Act (47 U.S.C. 315)
is amended--
(1) in subsection (a), by inserting ``In General.--''
before ``If any'';
(2) in subsection (e), as redesignated by subsection (c)(1)
of this section, by inserting ``Definitions.--'' before ``For
purposes''; and
(3) in subsection (f), as so redesignated, by inserting
``Regulations.--'' before ``The Commission''.
SEC. 306. LIMITATION ON AVAILABILITY OF LOWEST UNIT CHARGE FOR FEDERAL
CANDIDATES ATTACKING OPPOSITION.
(a) In General.--Section 315(b) of the Communications Act of 1934
(47 U.S.C. 315(b)), as amended by this Act, is amended by adding at the
end the following:
``(3) Content of broadcasts.--
``(A) In general.--In the case of a candidate for
Federal office, such candidate shall not be entitled to
receive the rate under paragraph (1)(A) or (2) for the
use of any broadcasting station unless the candidate
provides written certification to the broadcast station
that the candidate (and any authorized committee of the
candidate) shall not make any direct reference to
another candidate for the same office, in any broadcast
using the rights and conditions of access under this
Act, unless such reference meets the requirements of
subparagraph (C) or (D).
``(B) Limitation on charges.--If a candidate for
Federal office (or any authorized committee of such
candidate) makes a reference described in subparagraph
(A) in any broadcast that does not meet the
requirements of subparagraph (C) or (D), such candidate
shall not be entitled to receive the rate under
paragraph (1)(A) or (2) for such broadcast or any other
broadcast during any portion of the 45-day and 60-day
periods described in paragraph (1)(A), that occur on or
after the date of such broadcast, for election to such
office.
``(C) Television broadcasts.--A candidate meets the
requirements of this subparagraph if, in the case of a
television broadcast, at the end of such broadcast
there appears simultaneously, for a period no less than
4 seconds--
``(i) a clearly identifiable photographic
or similar image of the candidate; and
``(ii) a clearly readable printed
statement, identifying the candidate and
stating that the candidate has approved the
broadcast and that the candidate's authorized
committee paid for the broadcast.
``(D) Radio broadcasts.--A candidate meets the
requirements of this subparagraph if, in the case of a
radio broadcast, the broadcast includes a personal
audio statement by the candidate that identifies the
candidate, the office the candidate is seeking, and
indicates that the candidate has approved the
broadcast.
``(E) Certification.--Certifications under this
section shall be provided and certified as accurate by
the candidate (or any authorized committee of the
candidate) at the time of purchase.
``(F) Definitions.--For purposes of this paragraph,
the terms `authorized committee' and `Federal office'
have the meanings given such terms by section 301 of
the Federal Election Campaign Act of 1971 (2 U.S.C.
431).''.
(b) Conforming Amendment.--Section 315(b)(1)(A) of the
Communications Act of 1934 (47 U.S.C. 315(b)(1)(A)), as amended by this
Act, is amended by inserting ``subject to paragraph (3),'' before
``during the forty-five days''.
(c) Effective Date.--The amendments made by this section shall
apply to broadcasts made after the date of enactment of this Act.
SEC. 307. SOFTWARE FOR FILING REPORTS AND PROMPT DISCLOSURE OF
CONTRIBUTIONS.
Section 304(a) of the Federal Election Campaign Act of 1971 (2
U.S.C. 434(a)) is amended by adding at the end the following:
``(12) Software for filing of reports.--
``(A) In general.--The Commission shall--
``(i) promulgate standards to be used by
vendors to develop software that--
``(I) permits candidates to easily
record information concerning receipts
and disbursements required to be
reported under this Act at the time of
the receipt or disbursement;
``(II) allows the information
recorded under subclause (I) to be
transmitted immediately to the
Commission; and
``(III) allows the Commission to
post the information on the Internet
immediately upon receipt; and
``(ii) make a copy of software that meets
the standards promulgated under clause (i)
available to each person required to file a
designation, statement, or report in electronic
form under this Act.
``(B) Additional information.--To the extent
feasible, the Commission shall require vendors to
include in the software developed under the standards
under subparagraph (A) the ability for any person to
file any designation, statement, or report required
under this Act in electronic form.
``(C) Required use.--Notwithstanding any provision
of this Act relating to times for filing reports, each
candidate for Federal office (or that candidate's
authorized committee) shall use software that meets the
standards promulgated under this paragraph once such
software is made available to such candidate.
``(D) Required posting.--The Commission shall, as
soon as practicable, post on the Internet any
information received under this paragraph.''.
SEC. 308. MODIFICATION OF CONTRIBUTION LIMITS.
(a) Increase in Individual Limits for Certain Contributions.--
Section 315(a)(1) of the Federal Election Campaign Act of 1971 (2
U.S.C. 441a(a)(1)) is amended--
(1) in subparagraph (A), by striking ``$1,000'' and
inserting the following: ``$2,000 (or, in the case of a
candidate for Representative in or Delegate or Resident
Commissioner to the Congress, $1,000)''; and
(2) in subparagraph (B), by striking ``$20,000'' and
inserting ``$25,000''.
(b) Increase in Aggregate Individual Limit.--Section 315(a)(3) of
the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(3)), as
amended by section 102(b), is amended by striking ``$30,000'' and
inserting ``$37,500''.
(c) Increase in Senatorial Campaign Committee Limit.--Section
315(h) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(h))
is amended by striking ``$17,500'' and inserting ``$35,000''.
(d) Indexing of Contribution Limits.--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) Except as provided in subparagraph (C), in any calendar year
after 2002--
``(i) a limitation established by subsections (a)(1)(A),
(a)(1)(B), (a)(3), (b), (d), or (h) shall be increased by the
percent difference determined under subparagraph (A);
``(ii) each amount so increased shall remain in effect for
the calendar year; and
``(iii) if any amount after adjustment under clause (i) is
not a multiple of $100, such amount shall be rounded to the
nearest multiple of $100.
``(C) In the case of limitations under subsections (a)(1)(A),
(a)(1)(B), (a)(3), and (h), increases shall only be made in odd-
numbered years and such increases shall remain in effect for the 2-year
period beginning on the first day following the date of the last
general election in the year preceding the year in which the amount is
increased and ending on the date of the next general election.''; 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 subsections (a)(1)(A),
(a)(1)(B), (a)(3), and (h) calendar year 2001''.
(e) Effective Date.--The amendments made by this section shall
apply to contributions made after the date of enactment of this Act.
SEC. 309. DONATIONS TO PRESIDENTIAL INAUGURAL COMMITTEE.
(a) In General.--Chapter 5 of title 36, United States Code, is
amended by--
(1) redesignating section 510 as section 511; and
(2) inserting after section 509 the following:
``Sec. 510. Disclosure of and prohibition on certain donations.
``(a) In general.--A committee shall not be considered to be the
Inaugural Committee for purposes of this chapter unless the committee
agrees to, and meets, the requirements of subsections (b) and (c).
``(b) Disclosure.--
``(1) In general.--Not later than the date that is 90 days
after the date of the Presidential inaugural ceremony, the
committee shall file a report with the Federal Election
Commission disclosing any donation of money or anything of
value made to the committee in an aggregate amount equal to or
greater than $200.
``(2) Contents of report.--A report filed under paragraph
(1) shall contain--
``(A) the amount of the donation;
``(B) the date the donation is received; and
``(C) the name and address of the person making the
donation.
``(c) Limitation.--The committee shall not accept any donation from
a foreign national (as defined in section 319(b) of the Federal
Election Campaign Act of 1971 (2 U.S.C. 441e(b))).''.
(b) Reports Made Available by FEC.--Section 304 of the Federal
Election Campaign Act of 1971 (2 U.S.C. 434), as amended by sections
103, 201, and 212 is amended by adding at the end the following:
``(h) Reports From Inaugural Committees.--The Federal Election
Commission shall make any report filed by an Inaugural Committee under
section 510 of title 36, United States Code, accessible to the public
at the offices of the Commission and on the Internet not later than 48
hours after the report is received by the Commission.''.
SEC. 310. PROHIBITION ON FRAUDULENT SOLICITATION OF FUNDS.
Section 322 of the Federal Election Campaign Act of 1971 (2 U.S.C.
441h) is amended--
(1) by inserting ``(a) In General.--'' before ``No
person''; and
(2) by adding at the end the following:
``(b) Fraudulent Solicitation of Funds.--No person shall--
``(1) fraudulently misrepresent the person as speaking,
writing, or otherwise acting for or on behalf of any candidate
or political party or employee or agent thereof for the purpose
of soliciting contributions or donations; or
``(2) willfully and knowingly participate in or conspire to
participate in any plan, scheme, or design to violate paragraph
(1).''.
SEC. 311. STUDY AND REPORT ON CLEAN MONEY CLEAN ELECTIONS LAWS.
(a) Clean Money Clean Elections Defined.--In this section, the term
``clean money clean elections'' means funds received under State laws
that provide in whole or in part for the public financing of election
campaigns.
(b) Study.--
(1) In general.--The Comptroller General shall conduct a
study of the clean money clean elections of Arizona and Maine.
(2) Matters studied.--
(A) Statistics on clean money clean elections
candidates.--The Comptroller General shall determine--
(i) the number of candidates who have
chosen to run for public office with clean
money clean elections including--
(I) the office for which they were
candidates;
(II) whether the candidate was an
incumbent or a challenger; and
(III) whether the candidate was
successful in the candidate's bid for
public office; and
(ii) the number of races in which at least
one candidate ran an election with clean money
clean elections.
(B) Effects of clean money clean elections.--The
Comptroller General of the United States shall describe
the effects of public financing under the clean money
clean elections laws on the 2000 elections in Arizona
and Maine.
(c) Report.--Not later than 1 year after the date of enactment of
this Act, the Comptroller General of the United States shall submit a
report to the Congress detailing the results of the study conducted
under subsection (b).
SEC. 312. CLARITY STANDARDS FOR IDENTIFICATION OF SPONSORS OF ELECTION-
RELATED ADVERTISING.
Section 318 of the Federal Election Campaign Act of 1971 (2 U.S.C.
441d) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``Whenever'' and inserting
``Whenever a political committee makes a
disbursement for the purpose of financing any
communication through any broadcasting station,
newspaper, magazine, outdoor advertising
facility, mailing, or any other type of general
public political advertising, or whenever'';
(ii) by striking ``an expenditure'' and
inserting ``a disbursement''; and
(iii) by striking ``direct''; and
(iv) by inserting ``or makes a disbursement
for an electioneering communication (as defined
in section 304(f)(3))'' after ``public
political advertising''; and
(B) in paragraph (3), by inserting ``and permanent
street address, telephone number, or World Wide Web
address'' after ``name''; and
(2) by adding at the end the following:
``(c) Specification.--Any printed communication described in
subsection (a) shall--
``(1) be of sufficient type size to be clearly readable by
the recipient of the communication;
``(2) be contained in a printed box set apart from the
other contents of the communication; and
``(3) be printed with a reasonable degree of color contrast
between the background and the printed statement.
``(d) Additional Requirements.--
``(1) Audio statement.--
``(A) Candidate.--Any communication described in
paragraphs (1) or (2) of subsection (a) which is
transmitted through radio or television shall include,
in addition to the requirements of that paragraph, an
audio 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 advertising.' (with the blank to be
filled in with the name of the political committee or other person
paying for the communication and the name of any connected organization
of the payor). If transmitted through television, the statement shall
also appear in a clearly readable manner with a reasonable degree of
color contrast between the background and the printed statement, for a
period of at least 4 seconds.
``(2) Television.--If a communication described in
paragraph (1)(A) is transmitted through television, the
communication shall include, in addition to the audio statement
under paragraph (1), a written statement that--
``(A) appears at the end of the communication in a
clearly readable manner with a reasonable degree of
color contrast between the background and the printed
statement, for a period of at least 4 seconds; and
``(B) is accompanied by a clearly identifiable
photographic or similar image of the candidate.''.
SEC. 313. INCREASE IN PENALTIES.
(a) In General.--Subparagraph (A) of section 309(d)(1) of the
Federal Election Campaign Act of 1971 (2 U.S.C. 437g(d)(1)(A)) is
amended to read as follows:
``(A) Any person who knowingly and willfully commits a violation of
any provision of this Act which involves the making, receiving, or
reporting of any contribution, donation, or expenditure--
``(i) aggregating $25,000 or more during a calendar year
shall be fined under title 18, United States Code, or
imprisoned for not more than 5 years, or both; or
``(ii) aggregating $2,000 or more (but less than $25,000)
during a calendar year shall be fined under such title, or
imprisoned for not more than one year, or both.''.
(b) Effective Date.--The amendment made by this section shall apply
to violations occurring on or after the date of enactment of this Act.
SEC. 314. STATUTE OF LIMITATIONS.
(a) In General.--Section 406(a) of the Federal Election Campaign
Act of 1971 (2 U.S.C. 455(a)) is amended by striking ``3'' and
inserting ``5''.
(b) Effective Date.--The amendment made by this section shall apply
to violations occurring on or after the date of enactment of this Act.
SEC. 315. SENTENCING GUIDELINES.
(a) In General.--The United States Sentencing Commission shall--
(1) promulgate a guideline, or amend an existing guideline
under section 994 of title 28, United States Code, in
accordance with paragraph (2), for penalties for violations of
the Federal Election Campaign Act of 1971 and related election
laws; and
(2) submit to Congress an explanation of any guidelines
promulgated under paragraph (1) and any legislative or
administrative recommendations regarding enforcement of the
Federal Election Campaign Act of 1971 and related election
laws.
(b) Considerations.--The Commission shall provide guidelines under
subsection (a) taking into account the following considerations:
(1) Ensure that the sentencing guidelines and policy
statements reflect the serious nature of such violations and
the need for aggressive and appropriate law enforcement action
to prevent such violations.
(2) Provide a sentencing enhancement for any person
convicted of such violation if such violation involves--
(A) a contribution, donation, or expenditure from a
foreign source;
(B) a large number of illegal transactions;
(C) a large aggregate amount of illegal
contributions, donations, or expenditures;
(D) the receipt or disbursement of governmental
funds; and
(E) an intent to achieve a benefit from the Federal
Government.
(3) Provide a sentencing enhancement for any violation by a
person who is a candidate or a high-ranking campaign official
for such candidate.
(4) Assure reasonable consistency with other relevant
directives and guidelines of the Commission.
(5) Account for aggravating or mitigating circumstances
that might justify exceptions, including circumstances for
which the sentencing guidelines currently provide sentencing
enhancements.
(6) Assure the guidelines adequately meet the purposes of
sentencing under section 3553(a)(2) of title 18, United States
Code.
(c) Effective Date; Emergency Authority To Promulgate Guidelines.--
(1) Effective date.--Notwithstanding section 402, the
United States Sentencing Commission shall promulgate guidelines
under this section not later than the later of--
(A) 90 days after the date of enactment of this
Act; or
(B) 90 days after the date on which at least a
majority of the members of the Commission are appointed
and holding office.
(2) Emergency authority to promulgate guidelines.--The
Commission shall promulgate guidelines under this section in
accordance with the procedures set forth in section 21(a) of
the Sentencing Reform Act of 1987, as though the authority
under such Act has not expired.
SEC. 316. INCREASE IN PENALTIES IMPOSED FOR VIOLATIONS OF CONDUIT
CONTRIBUTION BAN.
(a) Increase in Civil Money Penalty for Knowing and Willful
Violations.--Section 309(a) of the Federal Election Campaign Act of
1971 (2 U.S.C. 437g(a)) is amended--
(1) in paragraph (5)(B), by inserting before the period at
the end the following: ``(or, in the case of a violation of
section 320, which is not less than 300 percent of the amount
involved in the violation and is not more than the greater of
$50,000 or 1000 percent of the amount involved in the
violation)''; and
(2) in paragraph (6)(C), by inserting before the period at
the end the following: ``(or, in the case of a violation of
section 320, which is not less than 300 percent of the amount
involved in the violation and is not more than the greater of
$50,000 or 1000 percent of the amount involved in the
violation)''.
(b) Increase in Criminal Penalty.--Section 309(d)(1) of such Act (2
U.S.C. 437g(d)(1)) is amended by adding at the end the following new
subparagraph:
``(D) Any person who knowingly and willfully commits a violation of
section 320 involving an amount aggregating more than $10,000 during a
calendar year shall be--
``(i) imprisoned for not more than 2 years if the amount is
less than $25,000 (and subject to imprisonment under
subparagraph (A) if the amount is $25,000 or more);
``(ii) fined not less than 300 percent of the amount
involved in the violation and not more than the greater of--
``(I) $50,000; or
``(II) 1,000 percent of the amount involved in the
violation; or
``(iii) both imprisoned under clause (i) and fined under
clause (ii).''.
(c) 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. 317. RESTRICTION ON INCREASED CONTRIBUTION LIMITS BY TAKING INTO
ACCOUNT CANDIDATE'S AVAILABLE FUNDS.
Section 315(i)(1) of the Federal Election Campaign Act of 1971 (2
U.S.C. 441a(i)(1)), as added by this Act, is amended by adding at the
end the following:
``(E) Special rule for candidate's campaign
funds.--
``(i) In general.--For purposes of
determining the aggregate amount of
expenditures from personal funds under
subparagraph (D)(ii), such amount shall include
the gross receipts advantage of the candidate's
authorized committee.
``(ii) Gross receipts advantage.--For
purposes of clause (i), the term `gross
receipts advantage' means the excess, if any,
of--
``(I) the aggregate amount of 50
percent of gross receipts of a
candidate's authorized committee during
any election cycle (not including
contributions from personal funds of
the candidate) that may be expended in
connection with the election, as
determined on June 30 and December 31
of the year preceding the year in which
a general election is held, over
``(II) the aggregate amount of 50
percent of gross receipts of the
opposing candidate's authorized
committee during any election cycle
(not including contributions from
personal funds of the candidate) that
may be expended in connection with the
election, as determined on June 30 and
December 31 of the year preceding the
year in which a general election is
held.
SEC. 318. 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)) is 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. 319. 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 further amended by adding
at the end the following new section:
``prohibition of contributions by minors
``Sec. 324. 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. 320. DEFINITION OF CONTRIBUTIONS MADE THROUGH INTERMEDIARY OR
CONDUIT FOR PURPOSES OF APPLYING CONTRIBUTION LIMITS.
The first sentence of section 315(a)(8) of the Federal Election
Campaign Act of 1971 (2 U.S.C. 441a(a)(8)) is amended by striking
``including contributions which are in any way earmarked or otherwise
directed through an intermediary or conduit to such candidate,'' and
inserting the following: ``including contributions which are in any way
earmarked or otherwise arranged or directed through an intermediary or
conduit to such candidate, or solicited by such candidate to support
the candidate's election and arranged or suggested by the candidate to
be spent by or through an intermediary to support or assist the
candidate's election,''.
SEC. 321. PROHIBITING AUTHORIZED COMMITTEES FROM FORMING JOINT
FUNDRAISING COMMITTEES WITH POLITICAL PARTY COMMITTEES.
Section 302(e) of the Federal Election Campaign Act of 1971 (2
U.S.C. 432(e)) is amended by adding at the end the following new
paragraph:
``(6) No authorized committee of a candidate for Federal office may
form a joint fundraising committee with any political committee of a
political party.''.
SEC. 322. REGULATIONS TO PROHIBIT EFFORTS TO EVADE REQUIREMENTS.
Title III of the Federal Election Campaign Act of 1971 (2 U.S.C.
431 et seq.), as amended by sections 101 and 319, is further amended by
adding at the end the following new section:
``regulations to prohibit efforts to evade requirements
``Sec. 325. The Commission shall promulgate regulations to prohibit
efforts to evade or circumvent the limitations, prohibitions, and
reporting requirements of this Act.''.
TITLE IV--SEVERABILITY; EFFECTIVE DATE
SEC. 401. 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. 402. EFFECTIVE DATE.
(a) In General.--Except as otherwise provided in this Act, this Act
and the amendments made by this Act shall take effect 30 days after the
date of its enactment.
(b) Transition Rule for Spending of Funds by National Parties.--If
a national committee of a political party described in section
323(a)(1) of the Federal Election Campaign Act of 1971 (as added by
section 101(a)), including any person who is subject to such section,
has received funds described in such section prior to the effective
date described in subsection (a), the following rules shall apply with
respect to the spending of such funds by such committee:
(1) During the period which begins on such effective date
and ends 90 days thereafter or December 31, 2001 (whichever
occurs later), the committee may spend such funds for any
activity permitted for the use of such funds prior to such
effective date.
(2) During the period which begins on such effective date
and ends March 31, 2001, the committee may transfer such funds
without limit to any committee of a State or local political
party, any organization described in section 501(c) of the
Internal Revenue Code of 1986 and exempt from taxation under
section 501(a) of such Code, or any organization described in
section 527 of such Code. Nothing in this paragraph may be
construed to permit any committee or organization to which such
funds are transferred to use such funds in a manner
inconsistent with any of the applicable provisions of this Act
or the amendments made by this Act.
(3) At any time after such effective date, the committee
may spend such funds for activities which are solely to defray
the costs of the construction or purchase of any office
building or facility.
SEC. 403. JUDICIAL REVIEW.
(a) Special Rules For Certain Actions Brought on Constitutional
Grounds.--If any person who is aggrieved by any of the provisions of
this Act or any amendment made by this Act (or who would be aggrieved
by any such provision or amendment when the provision or amendment
becomes effective) brings an action which names the United States as
the defendant for declaratory or injunctive relief to challenge the
constitutionality of the provision or amendment within the 90-day
period which begins on the date of the enactment of this Act, the
following rules shall apply:
(1) The action shall be filed in the United States District
Court for the District of Columbia and shall be heard by a 3-
judge court convened pursuant to section 2284 of title 28,
United States Code.
(2) A copy of the complaint shall be delivered promptly to
the Clerk of the House of Representatives and the Secretary of
the Senate.
(3) A final decision in the action shall be reviewable only
by appeal directly to the United States Supreme Court. Such
appeal shall be taken by the filing of a notice of appeal
within 10 days, and the filing of a jurisdictional statement
within 30 days, of the entry of the final decision.
(4) It shall be the duty of the United States District
Court for the District of Columbia and the Supreme Court of the
United States to advance on the docket and to expedite to the
greatest possible extent the disposition of the action and
appeal.
(b) Intervention by Members of Congress.--In any action in which
the constitutionality of any provision of this Act or any amendment
made by this Act is raised (including but not limited to an action
described in subsection (a)), any member of the House of
Representatives (including a Delegate or Resident Commissioner to the
Congress) or Senate shall have the right to intervene either in support
of or opposition to the position of a party to the case regarding the
constitutionality of the provision or amendment. To avoid duplication
of efforts and reduce the burdens placed on the parties to the action,
the court in any such action may make such orders as it considers
necessary, including orders to require intervenors taking similar
positions to file joint papers or to be represented by a single
attorney at oral argument.
TITLE V--ADDITIONAL DISCLOSURE PROVISIONS
SEC. 501. INTERNET ACCESS TO RECORDS.
Section 304(a)(11)(B) of the Federal Election Campaign Act of 1971
(2 U.S.C. 434(a)(11)(B)) is amended to read as follows:
``(B) The Commission shall make a designation, statement, report,
or notification that is filed with the Commission under this Act
available for inspection by the public in the offices of the Commission
and accessible to the public on the Internet not later than 48 hours
(or not later than 24 hours in the case of a designation, statement,
report, or notification filed electronically) after receipt by the
Commission.''.
SEC. 502. MAINTENANCE OF WEBSITE OF ELECTION REPORTS.
(a) In General.--The Federal Election Commission shall maintain a
central site on the Internet to make accessible to the public all
publicly available election-related reports and information.
(b) Election-Related Report.--In this section, the term ``election-
related report'' means any report, designation, or statement required
to be filed under the Federal Election Campaign Act of 1971.
(c) Coordination With Other Agencies.--Any Federal executive agency
receiving election-related information which that agency is required by
law to publicly disclose shall cooperate and coordinate with the
Federal Election Commission to make such report available through, or
for posting on, the site of the Federal Election Commission in a timely
manner.
SEC. 503. ADDITIONAL MONTHLY AND QUARTERLY DISCLOSURE REPORTS.
(a) Principal Campaign Committees.--
(1) Monthly reports.--Section 304(a)(2)(A) of the Federal
Election Campaign Act of 1971 (2 U.S.C. 434(a)(2)(A)) is
amended by striking clause (iii) and inserting the following:
``(iii) additional monthly reports, which shall be
filed not later than the 20th day after the last day
of the month and shall be complete as of the last day of the month,
except that monthly reports shall not be required under this clause in
November and December and a year end report shall be filed not later
than January 31 of the following calendar year.''.
(2) Quarterly reports.--Section 304(a)(2)(B) of such Act is
amended by striking ``the following reports'' and all that
follows through the period and inserting ``the treasurer shall
file quarterly reports, which shall be filed not later than the
15th day after the last day of each calendar quarter, and which
shall be complete as of the last day of each calendar quarter,
except that the report for the quarter ending December 31 shall
be filed not later than January 31 of the following calendar
year.''.
(b) National Committee of a Political Party.--Section 304(a)(4) of
the Federal Election Campaign Act of 1971 (2 U.S.C. 434(a)(4)) is
amended by adding at the end the following flush sentence:
``Notwithstanding the preceding sentence, a national committee of a
political party shall file the reports required under subparagraph
(B).''.
(c) Conforming Amendments.--
(1) Section 304.--Section 304(a) of the Federal Election
Campaign Act of 1971 (2 U.S.C. 434(a)) is amended--
(A) in paragraph (3)(A)(ii), by striking
``quarterly reports'' and inserting ``monthly
reports''; and
(B) in paragraph (8), by striking ``quarterly
report under paragraph (2)(A)(iii) or paragraph
(4)(A)(i)'' and inserting ``monthly report under
paragraph (2)(A)(iii) or paragraph (4)(A)''.
(2) Section 309.--Section 309(b) of the Federal Election
Campaign Act of 1971 (2 U.S.C. 437g(b)) is amended by striking
``calendar quarter'' and inserting ``month''.
SEC. 504. PUBLIC ACCESS TO BROADCASTING RECORDS.
Section 315 of the Communications Act of 1934 (47 U.S.C. 315), as
amended by this Act, is amended by redesignating subsections (e) and
(f) as subsections (f) and (g), respectively, and inserting after
subsection (d) the following:
``(e) Political Record.--
``(1) In general.--A licensee shall maintain, and make
available for public inspection, a complete record of a request
to purchase broadcast time that--
``(A) is made by or on behalf of a legally
qualified candidate for public office; or
``(B) communicates a message relating to any
political matter of national importance, including--
``(i) a legally qualified candidate;
``(ii) any election to Federal office; or
``(iii) a national legislative issue of
public importance.
``(2) Contents of record.--A record maintained under
paragraph (1) shall contain information regarding--
``(A) whether the request to purchase broadcast
time is accepted or rejected by the licensee;
``(B) the rate charged for the broadcast time;
``(C) the date and time on which the communication
is aired;
``(D) the class of time that is purchased;
``(E) the name of the candidate to which the
communication refers and the office to which the
candidate is seeking election, the election to which
the communication refers, or the issue to which the
communication refers (as applicable);
``(F) in the case of a request made by, or on
behalf of, a candidate, the name of the candidate, the
authorized committee of the candidate, and the
treasurer of such committee; and
``(G) in the case of any other request, the name of
the person purchasing the time, the name, address, and
phone number of a contact person for such person, and a
list of the chief executive officers or members of the
executive committee or of the board of directors of
such person.
``(3) Time to maintain file.--The information required
under this subsection shall be placed in a political file as
soon as possible and shall be retained by the licensee for a
period of not less than 2 years.''.
Union Calendar No. 73
107th CONGRESS
1st Session
H. R. 2356
[Report No. 107-131, Part I]
_______________________________________________________________________
A BILL
To amend the Federal Election Campaign Act of 1971 to provide
bipartisan campaign reform.
_______________________________________________________________________
July 10, 2001
Reported adversely from the Committee on House Administration
July 10, 2001
Referral to the Committees on Energy and Commerce and the Judiciary
extended for a period ending not later than July 10, 2001
July 10, 2001
The Committees on Energy and Commerce and the Judiciary discharged;
referred to the Committee of the Whole House on the State of the Union
and ordered to be printed