[Congressional Record (Bound Edition), Volume 147 (2001), Part 4]
[Senate]
[Pages 5180-5181]
[From the U.S. Government Publishing Office, www.gpo.gov]



                           TEXT OF AMENDMENTS

  SA 165. Mr. McCAIN 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 25, beginning with line 23, strike through line 2 
     on page 31 and insert the following:

     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;'';
       (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;
       ``(iv) any 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 a Federal 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 (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)(C) shall be considered to be a 
     contribution to the candidate or an expenditure by the 
     candidate, respectively; and
       ``(ii) section 301(8)(D) shall be considered to be a 
     contribution to, or an expenditure by, the political party 
     committee, respectively; and''.
       (b) Definition of Coordination.--Section 301(8) of the 
     Federal Election Campaign Act of 1971 (2 U.S.C. 431(8)), as 
     amended by subsection (a), is amended by adding at the end 
     the following:
       ``(C) For purposes of subparagraph (A)(iii), 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 the 
     legislation, the Federal Election Commission shall promulgate 
     new regulations to enforce the statutory standard set by this 
     provision. The regulation 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;
       (d) payments for communications made by a person after 
     substantial discussion about the communication with a 
     candidate or a political party;
       (e) the impact of coordinating internal communications by 
     any person to its restricted class has on any subsequent 
     ``Federal Election Activity'' as defined in Section 301 of 
     the Federal Election Campaign Act of 1971;
       (2) The regulations on coordination adopted by the Federal 
     Election Commission and published in the Federal Register at 
     65 Fed. Reg. 76138 on December 6, 2000, are repealed as of 90 
     days after the effective date of this regulation
                                  ____

  SA 166. Mr. BOND 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 37, between lines 14 and 15, insert the following:

     SEC. 305. 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.--
       (1) In general.--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 
     $10,000 or more during a calendar year shall be fined, or 
     imprisoned for not more than 2 years, or both. The amount of 
     the fine shall not be less than 300 percent of the amount 
     involved in the violation and shall not be more than the 
     greater of $50,000 or 1000 percent of the amount involved in 
     the violation.''.
       (2) Conforming amendment.--Section 309(d)(1)(A) of such Act 
     (2 U.S.C. 437g(d)(1)(A)) is amended by inserting ``(other 
     than section 320)'' after ``this Act''.
       (c) Mandatory Referral to Attorney General.--Section 
     309(a)(5)(C) of such Act (2 U.S.C. 437(a)(5)(C)) is amended 
     by inserting ``(or, in the case of a violation of section 
     320, shall refer such apparent violation to the Attorney 
     General of the United States)'' after ``United States''.
       (d) 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.
                                  ____

  SA 167. Mr. McCONNELL (for Mr. Hatch) 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 38, after line 3, add the following:

     SEC. 403. EXPEDITED REVIEW.

       (a) Expedited Review.--Any individual or organization that 
     would otherwise have standing to challenge a provision of, or 
     amendment made by, this Act may bring an action, in the 
     United States District Court

[[Page 5181]]

     for the District of Columbia, for declaratory judgment and 
     injunctive relief on the ground that such provision or 
     amendment violates the Constitution. For purposes of the 
     expedited review, provided by this section the exclusive 
     venue for such an action shall be the United States District 
     Court for the District of Columbia.
       (b) Appeal to Supreme Court.--Notwithstanding any other 
     provision of law, any order or judgment of the United States 
     District Court for the District of Columbia 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 or judgment is 
     entered; and the jurisdictional statement shall be filed 
     within 30 calendar days after such order or judgment 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).
                                  ____

  SA 168. 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 37, strike lines 15 through 24 and insert the 
     following:

    TITLE IV--NONSEVERABILITY OF CERTAIN PROVISIONS; EFFECTIVE DATE

     SEC. 401. NONSEVERABILITY OF CERTAIN PROVISIONS

       (a) In General.--Except as provided in subsection (b), 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.
       (b) Nonseverability of Prohibition on Soft Money of 
     Political Parties and Increased Contribution Limits.--If any 
     amendment made by section 101, or the application of the 
     amendment to any person or circumstance, is held to be 
     unconstitutional, each amendment made by sections 101 or 308 
     (relating to modification of contribution limits), and the 
     application of each such amendment to any person or 
     circumstance, shall be invalid.
                                  ____

  SA 169. Mr. DURBIN (for himself, Mr. Domenici, Mr. DeWine, and Mr. 
Levin) 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 37, between lines 14 and 15, insert the following:

     SEC.   . RESTRICTION ON INCREASED CONTRIBUTION LIMITS BY 
                   TAKING INTO ACCOUNT CANDIDATE'S AVAILABLE 
                   FUNDS.

       Section 315(k)(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 net cash-on-hand 
     advantage of the candidate.
       (ii) Net cash-on-hand advantage.--For purposes of clause 
     (i), the term ``net cash-on-hand advantage'' means the 
     excess, if any, of
       (I) the aggregate amount of 50% of the contributions 
     received by a candidate 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 Dec. 30 of the year preceding the 
     year in which a general election is held, over
       (II) the aggregate amount of 50% of the contributions 
     received by an opposing candidate 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 Dec. 30 of the year 
     preceding the year in which a general election is held.

                          ____________________