[Congressional Record Volume 147, Number 41 (Monday, March 26, 2001)]
[Senate]
[Pages S2907-S2909]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 145. Mr. WELLSTONE (for himself and Mr. Harkin) proposed an 
amendment to the bill S. 27, to amend the Federal Election Campaign Act 
of 1971 to provide bipartisan campaign reform; as follows:

       On page 21, between lines 9 and 10, insert the following:

     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(d)(3)) that is distributed from a television or radio 
     broadcast station or provider of cable or satellite 
     television service whose audience consists primarily of 
     residents of the State for which the clearly identified 
     candidate is seeking office.''.
                                  ____

  SA 146. Mr. HAGEL (for himself, Mr. Breaux, Mr. Nelson of Nebraska, 
Ms. Landrieu, Mr. DeWine, Mrs. Hutchison, Mr. Smith of Oregon, Mr. 
Thomas, Mr. Enzi, Mr. Hutchinson, Mr. Roberts, Mr. Brownback, Mr. 
Corzine, and Mr. Voinovich) proposed an amendment to the bill S. 27, to 
amend the Federal Election Campaign Act of 1971 to provide bipartisan 
campaign reform; as follows:

       At the end of the bill, add the following:

                     TITLE V--ADDITIONAL PROVISIONS

                    Subtitle A--Contribution Limits

     SEC. 501. INCREASE IN CONTRIBUTION LIMITS.

       (a) Increase in Individual and Political Committee 
     Contribution Limits.--Section 315(a) of the Federal Election 
     Campaign Act of 1971 (2 U.S.C. 441a(a)) is amended--
       (1) in paragraph (1)--
       (A) in subparagraph (A), by striking ``$1,000'' and 
     inserting ``$3,000'';
       (B) in subparagraph (B), by striking ``$20,000'' and 
     inserting ``$60,000''; and
       (C) in subparagraph (C), by striking ``$5,000'' and 
     inserting ``$15,000''; and
       (2) in paragraph (3), as amended by section 102(b)--
       (A) by striking ``$30,000'' and inserting ``$75,000''; and
       (B) by striking the second sentence.
       (b) Increase in Multicandidate Limits.--Section 315(a)(2) 
     of the Federal Election Campaign Act of 1971 (2 U.S.C. 
     441a(a)(2)) is amended--
       (1) in subparagraph (A)--
       (A) by striking ``$5,000'' and inserting ``$7,500''; and
       (B) by inserting ``except as provided in subparagraph 
     (D),'' before ``to any candidate'';
       (2) in subparagraph (B)--
       (A) by striking ``$15,000'' and inserting ``$30,000''; and
       (B) by striking ``or'' at the end;
       (3) in subparagraph (C), by striking ``$5,000.'' and 
     inserting ``$7,500; or''; and
       (4) by adding at the end the following:
       ``(D) in the case of a national committee of a political 
     party, to any candidate and his authorized political 
     committees with respect to any election for Federal office 
     which, in the aggregate, exceed $15,000.''.
       (c) Indexing.--Section 315(c) of the Federal Election 
     Campaign Act of 1971 (2 U.S.C. 441a(c)) is amended--
       (1) in paragraph (1)--
       (A) by striking the second and third sentences;
       (B) by inserting ``(A)'' before ``At the beginning''; and
       (C) by adding at the end the following:
       ``(B) In any calendar year after 2002--
       ``(i) a limitation established by subsection (a), (b), (d), 
     or (h) shall be increased by the percent difference 
     determined under subparagraph (A); and
       ``(ii) except as provided in subparagraph (C), each amount 
     so increased shall remain in effect for the calendar year.
       ``(C) In the case of limitations under subsections (a) and 
     (h), each amount increased under subparagraph (B) 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) and (h), calendar 
     year 2001''.
       (d) Increase in Senate Candidate Contribution Limits for 
     National Party Committees and Senatorial Campaign 
     Committees.--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 ``$60,000''.
       (e) Effective Dates.--
       (1) Except as provided in paragraph (2), the amendments 
     made by this section shall apply to calendar years beginning 
     after December 31, 2001.
       (2) The amendments made by subsection (c) shall apply to 
     calendar years after December 31, 2002.

                    Subtitle B--Increased Disclosure

     SEC. 511. 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. 512. REPORTING BY NATIONAL POLITICAL PARTY COMMITTEES.

       Section 304 of the Federal Election Campaign Act of 1971 (2 
     U.S.C. 434), as amended by section 201, is amended by adding 
     at the end the following:
       ``(f) Political Committees.--
       ``(1) National and congressional political committees.--The 
     national committee of a political party, any national 
     congressional campaign committee of a political party, and 
     any subordinate committee of either, shall report all 
     receipts and disbursements during the reporting period.
       ``(2) Itemization.--If a political committee has receipts 
     or disbursements to which this subsection applies from any 
     person aggregating in excess of $200 for any calendar year, 
     the political committee shall separately itemize its 
     reporting for such person in the same manner as required in 
     paragraphs (3)(A), (5), and (6) of subsection (b).

[[Page S2908]]

       ``(3) 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).''.

     SEC. 513. 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.''.

   Subtitle C--Soft Money of National Parties; State Party Allocable 
                               Activities

     SEC. 531. NONEFFECTIVENESS OF TITLE I.

       The provisions of title I and the amendments made by such 
     title shall not be effective.

     SEC. 532. LIMIT ON SOFT MONEY OF NATIONAL POLITICAL PARTY 
                   COMMITTEES; STATE PARTY ALLOCABLE ACTIVITY.

       (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. 324. LIMIT ON SOFT MONEY OF NATIONAL; STATE PARTY 
                   ALLOCABLE ACTIVITY.

       ``(a) National Political Party Committee.--
       ``(1) Limitation.--A national committee of a political 
     party, a congressional campaign committee of a national 
     party, or an entity directly or indirectly established, 
     financed, maintained, or controlled by such committee shall 
     not accept a donation, gift, or transfer of funds of any kind 
     (not including transfers from other committees of the 
     political party or contributions), during a calendar year, 
     from a person (including a person directly or indirectly 
     established, financed, maintained, or controlled by such 
     person) in an aggregate amount in excess of $60,000.
       ``(2) Aggregate limit on donor.--A person shall not make an 
     aggregate amount of disbursements to committees or entities 
     described in paragraph (1) (other than transfers from other 
     committees of the political party or contributions) in excess 
     of $60,000 in any calendar year.
       ``(b) State, District, and Local Committees.--An amount 
     that is expended or disbursed for State party allocable 
     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 entity directly or indirectly established, 
     financed, maintained, or controlled by or acting on behalf of 
     1 or more 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. Nothing in this subsection shall 
     prevent a principal campaign committee of a candidate for 
     State or local office from raising and spending funds 
     permitted under applicable State law other than for a State 
     party allocable activity that refers to another clearly 
     identified candidate for election to Federal office.
       ``(c) Index of Amount.--In the case of any calendar year 
     after 2001--
       ``(1) each $60,000 amount under subsection (a) shall be 
     increased based on the increase in the price index determined 
     under section 315(c), except that the base period shall be 
     calendar year 2001; and
       ``(2) each amount so increased shall be the amount in 
     effect for the calendar year.''.
       (b) Definition of State Party Allocable Activity.--Section 
     301 of the Federal Election Campaign Act of 1971 (2 U.S.C. 
     431) is amended by adding at the end the following:
       ``(20) State party allocable activity.--
       ``(A) In general.--The term `State party allocable 
     activity' means--
       ``(i) administrative expenses including rent, utilities, 
     office supplies, and salaries, except for such expenses 
     directly attributable to a clearly identified candidate;
       ``(ii) the direct costs of a fundraising program or event, 
     including disbursements for solicitation of funds and for 
     planning and administration of actual fundraising events, 
     where Federal and non-Federal funds are collected by one 
     committee through such program or event;
       ``(iii) State and local party activities exempt from the 
     definitions of contribution and expenditure under paragraph 
     (9), (15), or (17) of section 100.7(b) of title 11, Code of 
     Federal Regulations or paragraph (10), (16), or (18) of 
     section 100.8(b) of such title, including the production and 
     distribution of slate cards and sample ballots, campaign 
     materials distributed by volunteers, and voter registration 
     and get-out-the-vote drives on behalf of the party's 
     presidential and vice-presidential nominees, where such 
     activities are conducted in conjunction with non-Federal 
     election activities; and
       ``(iv) generic voter drives, including voter 
     identification, voter registration, and get-out-the-vote 
     drives, or any other activities that urge the general public 
     to register, vote, or support candidates of a particular 
     party or associated with a particular issue, without 
     mentioning a specific candidate.
       ``(B) Excluded activity.--The term `State party allocable 
     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;
       ``(ii) a contribution to a candidate for State or local 
     office, provided the contribution is not designated or used 
     to pay for a State party allocable activity described in 
     subparagraph (A);
       ``(iii) the costs of a State, district, or local political 
     convention;
       ``(iv) the costs of grassroots campaign materials, 
     including buttons, bumper stickers, and yard signs, that name 
     or depict only a candidate for State or local office;
       ``(v) the cost of constructing or purchasing an office 
     facility or equipment for a State, district, or local 
     committee; and
       ``(vi) the State party allocable portion of any State party 
     allocable activity.
       ``(C) Allocable activity.--
       ``(i) In general.--For purposes of subparagraph (B)(vi), 
     the non-Federal portion of any amount disbursed for a State 
     party allocable activity shall be determined in accordance 
     with this subparagraph.
       ``(ii) Campaign activity.--(I) In the case of a State party 
     allocable activity that consists of activity described in 
     clause (i) or (iv) of subparagraph (A) (other than an 
     activity to which clause (iii) applies), the amount disbursed 
     shall be allocated as Federal and non-Federal on the basis of 
     the composition of the ballot for the political jurisdiction 
     in which the activity occurs.
       ``(II) In determining the ballot composition ratio, a State 
     or local party committee shall count the Federal offices of 
     President, Senator, or Representative in, or Delegate or 
     Resident Commissioner to, the House of Representatives, if 
     expected on the ballot in the next general election, as one 
     Federal office each. The committee shall count the non-
     Federal offices of Governor, State Senator, and State 
     Representative, if expected on the ballot in the next general 
     election, as one non-Federal office each.
       ``(III) The committee shall count the total of all other 
     partisan statewide executive candidates, if expected on the 
     ballot in the next general election, as a maximum of two non-
     Federal offices.
       ``(IV) A State party committee shall include in the ratio 
     one additional non-Federal office if any partisan local 
     candidates are expected on the ballot in any regularly 
     scheduled election during the two-year congressional election 
     cycle.
       ``(V) A local party committee shall include in the ratio a 
     maximum of two additional non-Federal offices if any partisan 
     local candidates are expected on the ballot in any regularly 
     scheduled election during the two-year congressional election 
     cycle.
       ``(VI) State and local committees shall include in the 
     ratio one additional non-Federal office.
       ``(iii) Exempt activity.--(I) In the case of a State party 
     allocable activity that consists of an activity described in 
     subparagraph (A)(iii), amounts shall be allocated on the 
     proportion of time or space devoted in the communication to 
     non-Federal candidates or elections as compared to the entire 
     communication.
       ``(II) In the case of a phone bank, the ratio shall be 
     determined by the number of questions or statements devoted 
     to non-Federal candidates or elections as compared to the 
     total number of questions or statements devoted to all 
     Federal and non-Federal candidates and elections.
       ``(iv) In the case of a State party allocable activity that 
     consists of an activity described in subparagraph (A)(ii) 
     amounts shall be allocated according to the ratio of Federal 
     funds received to total receipts for the program or event.

[[Page S2909]]

       ``(21) 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.
       ``(22) Mass mailing.--The term `mass mailing' means a 
     mailing of more than 500 pieces of mail matter of an 
     identical or substantially similar nature within any 30-day 
     period.
       ``(23) Telephone bank.--The term `telephone bank' means 
     more than 500 telephone calls within any 30-day period of an 
     identical or substantially similar nature.''.

     SEC. 533. JUDICIAL REVIEW.

       (a) Expedited Review.--Any Member of Congress, candidate, 
     national committee of a political party, or any person 
     adversely affected by section 324 of the Federal Election 
     Campaign Act of 1971, as added by section 532, may bring an 
     action, in the United States District Court for the District 
     of Columbia, for declaratory judgment and injunctive relief 
     on the ground that such section 324 violates the 
     Constitution.
       (b) Appeal to Supreme Court.--Notwithstanding any other 
     provision of law, any order of the United States District 
     Court for the District of Columbia granting or denying an 
     injunction regarding, or finally disposing of, an action 
     brought under subsection (a) shall be reviewable by appeal 
     directly to the Supreme Court of the United States. Any such 
     appeal shall be taken by a notice of appeal filed within 10 
     calendar days after such order is entered; and the 
     jurisdictional statement shall be filed within 30 calendar 
     days after such order is entered.
       (c) Expedited Consideration.--It shall be the duty of the 
     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 
     any matter brought under subsection (a).
       (d) Enforceability.--The enforcement of any provision of 
     section 324 of the Federal Election Campaign Act of 1971, as 
     added by section 532, shall be stayed, and such section 324 
     shall not be effective, for the period--
       (1) beginning on the date of the filing of an action under 
     subsection (a), and
       (2) ending on the date of the final disposition of such 
     action on its merits by the Supreme Court of the United 
     States.
       (e) Applicability.--This section shall apply only with 
     respect to any action filed under subsection (a) not later 
     than 30 days after the effective date of this Act.
                                  ____

  SA 147. Mr. McCONNELL (for Mr. Enzi) proposed an amendment to the 
bill S. 295, to provide emergency relief to small businesses affected 
by significant increases in the prices of heating oil, natural gas, 
propane, and kerosene, and for other purposes; as follows:

       On page 10, line 2, insert ``cogeneration,'' before ``solar 
     energy''.

                          ____________________