[House Report 107-135]
[From the U.S. Government Publishing Office]
107th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 107-135
======================================================================
PROVIDING FOR CONSIDERATION OF H.R. 2356, THE BIPARTISAN CAMPAIGN
REFORM ACT OF 2001
_______
July 12 (legislative day, July 11), 2001.--Referred to the House
Calendar and ordered to be printed
_______
Mr. Reynolds, from the Committee on Rules,
submitted the following
R E P O R T
[To accompany H. Res. 188]
The Committee on Rules, having had under consideration
House Resolution , by a nonrecord vote, report the same to
the House with the recommendation that the resolution be
adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for consideration of H.R. 2356, the
Bipartisan Campaign Reform Act of 2001, under a structured
rule. The rule provides one hour of general debate equally
divided and controlled by the chairman and ranking minority
member of the Committee on House Administration. The rule
waives all points of order against consideration of the bill.
The rule makes in order only those amendments printed in
the Rules Committee report accompanying the resolution, which
may be offered only in the order printed in the report, may be
offered only by a Member designated in the report, shall be
considered as read, shall be debatable for the time specified
in the report equally divided and controlled by the proponent
and an opponent, shall not be subject to amendment, and shall
not be subject to a demand for division of the question in the
House or in the Committee of the Whole. The rule waives all
points of order against the amendments printed in the report.
The rule provides one motion to recommit with or without
instructions.
The rule further provides that after passage of H.R. 2356,
it shall be in order to consider in the House S. 27 and waives
all points of order against the Senate bill and against its
consideration. The rule makes in order a motion to strike all
after the enacting clause of the Senate bill and insert in lieu
thereof the provisions of H.R. 2356 as passed by the House, and
waives all points of order against the motion to strike and
insert. Finally, the rule provides that, if the motion to
strike and insert is adopted and the Senate bill, as amended,
is passed, it shall be in order to move that the House insist
on its amendment and request a conference with the Senate
thereon.
The waiver of all points of order includes a waiver of
clause 4(a)(1) of rule XIII (requiring a three-day layover of
the committee report), which is necessary because the report
was filed on Tuesday, July 10, 2001, and the bill may be
considered on the House floor as early as Thursday, July 12,
2001. The waiver also includes a waiver of clause 3(b) of rule
XIII (requiring the inclusion in the report of any record votes
on a motion to report, or on any amendment to a bill reported
from committee), which is necessary because the report failed
to contain an accurate report of record votes, and clause
3(c)(4) of rule XIII (requiring the inclusion in the report of
a statement of general performance goals and objectives for
which the measure authorizes funding), which is necessary
because the report failed to contain a report on performance
goals. Finally, the waiver includes a waiver of clause 3(d)(2)
of rule XIII (requiring the availability of a cost estimate in
the report).
COMMITTEE VOTES
Pursuant to clause 3(b) of House rule XIII the results of
each record vote on an amendment or motion to report, together
with the names of those voting for and against, are printed
below:
Rules Committee record vote No. 23
Date: July 11, 2001.
Measure: H.R. 2356.
Motion by: Mr. Frost.
Summary of motion: To amend the rule to strike the
individual amendments offered by Representative Shays and make
in order the amendment offered by Representative Shays that
would allow Representative Shays to make modifications en bloc
to this bill.
Results: Defeated 2 to 9.
Vote by Members: Goss--Nay; Linder--Nay; Pryce--Nay; Diaz-
Balart--Nay; Hastings (WA)--Nay; Myrick--Nay; Sessions--Nay;
Reynolds--Nay; Frost--Yea; Hastings (FL)--Yea; Dreier--Nay.
Rules Committee record vote No. 24
Date: July 11, 2001.
Measure: H.R. 2356.
Motion by: Mr. Frost.
Summary of motion: To make in order the amendments offered
by Representative Doggett that would eliminate duplicative
disclosure reporting requirements by state and local candidates
and political action committees organized under section 527 of
the Internal Revenue Code.
Results: Defeated 2 to 9.
Vote by Members: Goss--Nay; Linder--Nay; Pryce--Nay; Diaz-
Balart--Nay; Hastings (WA)--Nay; Myrick--Nay; Sessions--Nay;
Reynolds--Nay; Frost--Yea; Hastings (FL)--Yea; Dreier--Nay.
Rules Committee record vote No. 25
Date: July 11, 2001.
Measure: H.R. 2356.
Motion by: Mr. Hastings (FL).
Summary of motion: To make in order the amendments offered
by Representative Hastings (FL) that would create a federal
grant program to provide a total of $2.4 billion to state and
local governments to assist them in upgrading their voting
systems, to be coordinated and administered by the FEC. State
and local governments would be able to apply for funds of up to
80 percent of the total cost of upgrading their voting systems.
A clause is included to prohibit duplication of funds from
federal and state funding programs.
Results: Defeated 2 to 9.
Vote by Members: Goss--Nay; Linder--Nay; Pryce--Nay; Diaz-
Balart--Nay; Hastings (WA)--Nay; Myrick--Nay; Sessions--Nay;
Reynolds--Nay; Frost--Yea; Hastings (FL)--Yea; Dreier--Nay.
SUMMARY OF AMENDMENTS MADE IN ORDER
All amendments debatable for 10 minutes unless otherwise specified
Shays/Meehan--Strikes the 50% allocation requirement from
323(b)(2) of section 101(a) of the bill. (20 minutes)
Shays/Meehan--Ensures a federal candidate could continue to
raise funds allowable in state elections in order to retire
debt incurred in a state or local race.
Shays/Meehan--Amends section 323(e)(4) to clarify that
federal officeholders and candidates may make general
solicitations of funds for 501(c) organizations, up to $20,000
per year specifically for use in get-out-the-vote and voter
registration activities. (20 minutes)
Shays/Meehan--Strikes 323(e)(5), Treatment of Amounts Used
to Influence or Challenge State Reapportionment.
Shays/Meehan--Maintains the $5,000 threshold for reporting
by party committees.
Shays/Meehan--Clarifies that the definition of what
constitutes an independent expenditure is not changed from
current law.
Shays/Meehan--Clarifies that a party must choose whether to
make independent or coordinated expenditures as of the date of
nomination of a candidate.
Shays/Meehan--Clarifies that an expenditure coordinated
with a party committee constitutes a contribution to the party.
Linder/Schrock--Bans the use of certain funds by
corporations and labor unions for communications by a
corporation to its stockholders or personnel or by a union to
its members and their families, or nonpartisan registration and
get-out-the-vote campaigns by a corporation or a labor
organization.
Hutchinson/Brady (TX)/Hulshof/Graham--Amends section
308(a)(1) of the bill to increase contribution limits for House
candidates from $1,000 to $2,000.
Shays/Meehan--Increases the aggregate limit on individual
contributions to $95,000 per cycle including not more than
$37,500 per cycle to candidates, and reserving $20,000 per
cycle for the national party committees.
Shays/Meehan--Strikes section 315(b)(3), regarding
specific, additional sentencing enhancement for any violation
by a person who is a candidate or a high-ranking campaign
official for such candidate.
English--Prohibits the practice of bundling (making a
contribution through an intermediary or conduit), but excludes
from the prohibition facilitation of contributions by offering
advice to another person as to how the other person may make a
contribution or providing addressed mailing material for use by
the other person in making a contribution.
Shays/Meehan--Strikes section 320 (Conduit Contributions).
Shays/Meehan--Strikes section 321 (Joint Fundraising
Committees).
Shays/Meehan--Strikes section 322 (Schemes to Evade).
Shaw/Calvert--Requires candidates running for the office of
Representatives in Congress to accept no less than 50% of the
total contributions accepted from all sources from within the
state in which the candidate is running for office.
Bereuter/Wicker--Prohibits foreign individual campaign
contributions to federal candidates. Therefore, only U.S.
citizens and U.S. nationals (as defined by section 101(a)(22)
of the Immigration and Nationality Act) will be allowed to make
an individual contribution to a candidate running for federal
office.
Flake--Narrows the exemption given to media outlets such
that a media outlet would not be exempt if it: is owned,
operated, or controlled by a corporation; derives income from
sources other than advertising or subscriptions; receives
government funds; or lobbies the government.
Shays/Meehan--Makes a technical correction to section 402,
Effective Date, by changing the date in (b)(2) from March 31,
2001, to March 31, 2002.
Doolittle--Amendment in the Nature of a Substitute. Removes
all limitations on federal election contributions after 2002,
terminates taxpayer financing of presidential election
campaigns effective in 2002, requires political parties to
distinguish between federal and non-federal funds and requires
each state party to file with the FEC a copy of the same
disclosure form it files with the state, requires electronic
filing of campaign reports to be filed every 24-hours during
the three months preceding an election, requires the FEC to
post all campaign reports on the Internet, bars acceptance of
campaign contributions unless certain disclosure requirements
are met, and prohibits the involuntary assessment of funds by
labor organizations for political activities and
requiresseparate, prior, written, voluntary authorization of union
members to collect or assess any dues, fee or payment that will be used
for political activities. (30 minutes)
Ney/Wynn--Amendment in the Nature of a Substitute. Bans
soft money contributions to national political parties for
federal election activities, including broadcast issue ads;
limits national party use of soft money to generic party voter
registration and get-out-the-vote drives, plus fundraising and
overhead; bans soft money contributions of $75,000 or more to a
national political party committee for any purpose; maintains
the current $1,000 limit on hard money contributions from
individuals to candidates; increases hard money contribution
limits for contributions to political parties to partially
account for inflation; provides for future annual indexing;
requires disclosure within 24 hours to the FEC of name,
address, phone number, list of officers, and the amount spent
for ads by any group that purchases broadcast issue advertising
that mentions a federal candidate within 120 days of a federal
election; and requires disclosure to the FEC of identifying
information about groups that spend over $50,000 for targeted
mass communications that mention a federal candidate within 120
days of a federal election. (60 minutes)
TEXT OF AMENDMENTS MADE IN ORDER UNDER THE RULE
1. An Amendment To Be Offered by Representative Shays of Connecticut,
or Representative Meehan of Massachusetts, or a Designee, Debatable for
20 minutes
Amend section 323(b)(2) of the Federal Election Campaign
Act of 1971, as proposed to be added by section 101(a) of the
bill, to read as follows:
``(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 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) among amounts--
``(i) which consist solely of
contributions subject to the
limitations, prohibitions, and
reporting requirements of this Act
(other than amounts described in
subparagraph (B)(iii)); and
``(ii) other amounts which are not
subject to the limitations,
prohibitions, and reporting
requirements of this Act (other than
any requirements of this subsection).
``(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 described in
subparagraph (A)(ii) 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.
----------
2. An Amendment To Be Offered by Representative Shays of Connecticut,
or Representative Meehan of Massachusetts, or a Designee, Debatable for
10 Minutes
In section 323(e)(2) of the Federal Election Campaign Act
of 1971, as proposed to be added by section 101(a) of the bill,
insert ``or was'' after ``who is''.
----------
3. An Amendment To Be Offered by Representative Shays of Connecticut,
or Representative Meehan of Massachusetts, or a Designee, Debatable for
20 Minutes
Amend section 323(e)(4) of the Federal Election Campaign
Act of 1971, as proposed to be added by section 101(a) of the
bill, to read as follows:
``(4) Permitting certain solicitations.--
``(A) General solicitations.--Notwithstanding
any other provision of this subsection, an
individual described in paragraph (1) may make
a general solicitation of funds on behalf of
any entity described in subsection (d)(1)
(other than an entity whose principal purpose
is to conduct activities described in clauses
(i) and (ii) of section 301(20)(A)) where such
solicitation does not specify how the funds
will or should be spent.
``(B) Certain specific solicitations.--In
addition to the general solicitations permitted
under subparagraph (A), an individual described
in paragraph (1) may make a solicitation
explicitly to obtain funds for carrying out the
activities described in clauses (i) and (ii) of
section 301(20)(A), or for an entity whose
principal purpose is to conduct such
activities, if--
``(i) the solicitation is made only
to individuals; and
``(ii) the amount solicited from any
individual during any calendar year
does not exceed $20,000.
----------
4. An Amendment To Be Offered by Representative Shays of Connecticut,
or Representative Meehan of Massachusetts, or a Designee, Debatable for
10 minutes
In section 323(e) of the Federal Election Campaign Act of
1971, as proposed to be added by section 101(a) of the bill,
strike paragraph (5).
----------
5. An Amendment To Be Offered by Representative Shays of Connecticut,
or Representative Meehan of Massachusetts, or a Designee, Debatable for
10 minutes
In section 304(e)(2)(A) of the Federal Election Campaign
Act of 1971, as proposed to be added by section 103(a) of the
bill, strike the period at the end and insert the following:
``, unless the aggregate amount of such receipts and
disbursements during the calendar year is less than $5,000.''.
----------
6. An Amendment To Be Offered by Representative Shays of Connecticut,
or Representative Meehan of Massachusetts, or a Designee, Debatable for
10 minutes
In section 301(17)(B) of the Federal Election Campaign Act
of 1971, as proposed to be amended by section 211 of the bill,
strike ``, at the request or suggestion of such candidate, or
pursuant to any general or particular understanding with,'' and
insert ``or at the request or suggestion of such candidate,''.
----------
7. An Amendment To Be Offered by Representative Shays of Connecticut,
or Representative Meehan of Massachusetts, or a Designee, Debatable for
10 minutes
Amend section 315(d)(4) of the Federal Election Campaign
Act of 1971, as proposed to be added by section 213(2), to read
as follows:
``(4) Independent versus coordinated expenditures by
party.--
``(A) In general.--On or after the date on
which a political party nominates a candidate,
no committee of the political party may make--
``(i) any coordinated expenditure
under this subsection with respect to
the candidate during the election cycle
at any time after it makes any
independent expenditure (as defined in
section 301(17)) with respect to the
candidate during the election cycle; or
``(ii) any independent expenditure
(as defined in section 301(17)) with
respect to the candidate during the
election cycle at any time after it
makes any coordinated expenditure under
this subsection with respect to the
candidate during the election cycle.
``(B) 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.
``(C) Transfers.--A committee of a political
party that makes coordinated expenditures under
this subsection 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.''.
----------
8. An Amendment To Be Offered by Representative Shays of Connecticut,
or Representative Meehan of Massachusetts, or a Designee, Debatable for
10 Minutes
In section 214, strike subsections (a) through (c) and
insert the following:
(a) In General.--Section 315(a)(7)(B) of the Federal
Election Campaign Act of 1971 (2 U.S.C. 441a(a)(7)(B)) is
amended--
(1) by redesignating clause (ii) as clause (iii); and
(2) by inserting after clause (i) the following new
clause:
``(ii) expenditures made by any
person (other than a candidate or
candidate's authorized committee) in
cooperation, consultation, or concert,
with, or at the request or suggestion
of, a national, State, or local
committee of a political party, shall
be considered to be contributions made
to such party committee; and''.
(b) Repeal of Current Regulations.--The regulations on
coordinated communications paid for by persons other than
candidates, authorized committees of candidates, and party
committees 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.
(c) Regulations by the Federal Election Commission.--Within
90 days of the effective date of this Act, the Federal Election
Commission shall promulgate new regulations on coordinated
communications paid for by persons other than candidates,
authorized committees of candidates, and party committees. The
regulations shall not require agreement or formal collaboration
to establish coordination. In addition to any subject
determined by the Commission, the regulations shall address--
(1) payments for the republication of campaign
materials;
(2) payments for the use of a common vendor;
(3) payments for communications directed or made by
persons who previously served as an employee of a
candidate or a political party; and
(4) payments for communications made by a person
after substantial discussion about the communication
with a candidate or a political party.
----------
9. An Amendment To Be Offered by Representative Linder of Georgia, or
Representative Schrock of Virginia, or a Designee, Debatable for 10
Minutes
Add at the end of title II the following new subtitle (and
conform the table of contents accordingly):
Subtitle C--Ban on Use of Funds by Corporations and Labor Organizations
for Certain Activities
SEC. 221. BAN ON USE OF FUNDS BY CORPORATIONS AND LABOR ORGANIZATIONS
FOR CERTAIN ACTIVITIES.
Section 316(b)(2) of the Federal Election Campaign Act of
1971 (2 U.S.C. 441b(b)(2)) is amended by striking ``(A)
communications'' and all that follows through ``and (C)''.
----------
10. An Amendment To Be Offered by Representative Hutchinson of
Arkansas, or Representative Brady of Texas, or a Designee, Debatable
for 10 Minutes
Amend section 308(a)(1) to read as follows:
(1) in subparagraph (A), by striking ``$1,000'' and
inserting ``$2,000''; and
----------
11. An Amendment To Be Offered by Representative Shays of Connecticut,
or Representative Meehan of Massachusetts, or a Designee, Debatable for
10 Minutes
Amend section 308(b) to read as follows:
(b) Increase in Annual Aggregate Limit on Individual
Contributions.--Section 315(a)(3) of the Federal Election
Campaign Act of 1971 (2 U.S.C. 441a(a)(3)) is amended to read
as follows:
``(3) During any 2-calendar year period, no
individual may make contributions aggregating more
than--
``(A) $37,500, in the case of contributions
to candidates and the authorized committees of
candidates; and
``(B) $57,500, in the case of any other
contributions, of which not more than $37,500
may be attributable to contributions to
political committees which are not political
committees of national political parties.''.
----------
12. An Amendment To Be Offered by Representative Shays of Connecticut,
or Representative Meehan of Massachusetts, or a Designee, Debatable for
10 minutes
In section 315(b), strike paragraph (3).
----------
13. An Amendment To Be Offered by Representative English of
Pennsylvania, or a Designee Debatable for 10 minutes
Amend section 320 to read as follows (and conform the table
of contents accordingly):
SEC. 320. PROHIBITING BUNDLING OF CONTRIBUTIONS.
Section 315(a)(8) of the Federal Election Campaign Act of
1971 (2 U.S.C. 441a(a)(8)) is amended to read as follows:
``(8) No person may make a contribution through an
intermediary or conduit, except that a person may
facilitate a contribution by providing--
``(A) advice to another person as to how the other
person may make a contribution; and
``(B) addressed mailing material or similar items to
another person for use by the other person in making a
contribution.''.
----------
14. An Amendment To Be Offered by Representative Shays of Connecticut,
or Representative Meehan of Massachusetts, or a Designee, Debatable for
10 minutes
Strike section 320.
----------
15. An Amendment To Be Offered by Representative Shays of Connecticut,
or Representative Meehan of Massachusetts, or a Designee, Debatable for
10 minutes
Strike section 321.
----------
16. An Amendment To Be Offered by Representative Shays of Connecticut,
or Representative Meehan of Massachusetts, or a Designee, Debatable for
10 minutes
Strike section 322.
----------
17. An Amendment To Be Offered by Representative Shaw of Florida, or
Representative Calvert of California, or a Designee, Debatable for 10
minutes
Add at the end of title III the following new section:
SEC. 323. REQUIRING MAJORITY OF AMOUNT OF CONTRIBUTIONS ACCEPTED BY
CONGRESSIONAL CANDIDATES TO COME FROM IN-STATE
RESIDENTS.
(a) In General.--Section 315 of the Federal Election Campaign
Act of 1971 (2 U.S.C. 441a), as amended by section 304(a), is
further amended by adding at the end the following new
subsection:
``(k)(1) The total amount of contributions accepted with
respect to an election by a candidate for the office of Senator
or the office of Representative in, or Delegate or Resident
Commissioner to, the Congress from in-State individual
residents shall be at least 50 percent of the total amount of
contributions accepted from all sources.
``(2) If a candidate in an election makes expenditures of
personal funds (including contributions by the candidate or the
candidate's spouse to the candidate's authorized campaign
committee) in an amount in excess of $250,000, paragraph (1)
shall not apply with respect to any opponent of the candidate
in the election.
``(3) In determining the amount of contributions accepted
by a candidate for purposes of paragraph (1), the amounts of
any contributions made by a political committee of a political
party shall be allocated as follows:
``(A) 50 percent of such amounts shall be deemed to
be contributions from in-State individual residents.
``(B) 50 percent of such amounts shall be deemed to
be contributions from persons other than in-State
individual residents.
``(4) As used in this subsection, the term `in-State
individual resident' means an individual who resides in the
State in which the election involved is held.''.
(b) Reporting Requirements.--Section 304 of such Act (2
U.S.C. 434), as amended by sections 103, 201, 212, and 309(b),
is further amended by adding at the end the following new
subsection:
``(i)(1) Each principal campaign committee of a candidate
for the Senate or the House of Representatives shall include
the following information in the first report filed under
subsection (a)(2) which covers the period which begins 19 days
before an election and ends 20 days after the election:
``(A) The total contributions received by the
committee with respect to the election involved from
in-State individual residents (as defined in section
315(k)(4)), as of the last day of the period covered by
the report.
``(B) The total contributions received by the
committee with respect to the election involved from
all persons, as of the last day of the period covered
by the report.
``(2)(A) Each principal campaign committee of a candidate
for the Senate or the House of Representatives shall submit a
notification to the Commission of the first expenditure of
personal funds (including contributions by the candidate or the
candidate's spouse to the committee) by which the aggregate
amount of personal funds expended (or contributed) with respect
to the election exceeds $250,000.
``(B) Each notification under subparagraph (A)--
``(I) shall be submitted not later than 24 hours
after the expenditure or contribution which is the
subject of the notification is made; and
``(II) shall include the name of the candidate, the
office sought by the candidate, and the date of the
expenditure or contribution and amount of the
expenditure or contribution involved.''.
(c) Penalty for Violation of Limits.--Section 309(d) of
such Act (2 U.S.C. 437g(d)) is amended by adding at the end the
following new paragraph:
``(4)(A) Any candidate who knowingly and willfully accepts
contributions in excess of any limitation provided under
section 315(k) shall be fined an amount equal to the greater of
200 percent of the amount accepted in excess of the applicable
limitation or (if applicable) the amount provided in paragraph
(1)(A).
``(B) Interest shall be assessed against any portion of a
fine imposed under subparagraph (A) which remains unpaid after
the expiration of the 30-day period which begins on the date
the fine is imposed.''.
----------
18. An Amendment To Be Offered by Representative Bereuter of Nebraska,
or Representative Wicker of Mississippi, or a Designee, Debatable for
10 Minutes
Add at the end of III the following new section:
SEC. 323. PROHIBITING ALL INDIVIDUALS WHO ARE NOT CITIZENS OR NATIONALS
OF THE UNITED STATES FROM MAKING CONTRIBUTIONS,
DONATIONS, OR EXPENDITURES IN CONNECTION WITH
ELECTIONS FOR FEDERAL OFFICE.
Section 319(b)(2) of the Federal Election Campaign Act of
1971 (2 U.S.C. 441e(b)(2)), as amended by section 318, is
amended by striking the period at the end and inserting the
following: ``, or in the case of an election for Federal
office, an individual who is not a citizen of the United States
or a national of the United States (as so defined).''.
----------
19. An Amendment To Be Offered by Representative Flake of Arizona, or a
Designee, Debatable for 10 Minutes
Add at the end of title III the following new section:
SEC. 323. REPEAL OF GENERAL MEDIA EXEMPTION FOR CORPORATE MEDIA
OUTLETS.
(a) In General.--Section 301(9)(B)(i) of the Federal
Election Campaign Act of 1971 (2 U.S.C. 431(9)(B)(i)) is
amended by inserting before the semicolon at the end the
following: ``, or by any corporate media outlet''.
(b) Definition of Electioneering Communications.--Section
304(f)(3)(B)(i) of such Act, as added by section 201(a), is
amended by inserting before the semicolon at the end the
following: ``, or by any corporate media outlet''.
(c) Corporate Media Outlet Defined.--Section 301 of such
Act (2 U.S.C. 431), as amended by section 304(c), is further
amended by adding at the end the following:
``(27) Corporate media outlet.--The term `corporate
media outlet' means a broadcasting station, newspaper,
magazine, or other periodical publication meeting any
of the following requirements:
``(A) The station, newspaper, magazine, or
publication is owned, operated, or controlled
by another corporation or entity.
``(B) The station, newspaper, magazine, or
publication derives income from any source
other than subscriptions to, or advertising
appearing within, the material it disseminates.
``(C) The station, newspaper, magazine, or
publication receives funds directly or
indirectly from a government.
``(D) The station, newspaper, magazine, or
publication directly or indirectly retains,
employs, or uses the services of a person who
is required to register under the Lobbying
Disclosure Act of 1995 (2 U.S.C. 1601 et seq.)
as a condition or result of providing the
services.''.
----------
20. An Amendment To Be Offered by Representative Shays of Connecticut,
or Representative Meehan of Massachusetts, or a Designee, Debatable for
10 Minutes
In section 402(b)(2), strike ``March 31, 2001'' and insert
``March 31, 2002''.
----------
21. An Amendment To Be Offered by Representative Doolittle of
California, or a Designee, Debatable for 30 Minutes
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Citizen Legislature and
Political Freedom Act''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) The proliferation of campaign finance laws
(beginning with the Federal Election Campaign Act of
1971) and the proliferation of government regulations
promulgated pursuant to such laws have placed strict
limits on contributions by citizens to the candidates
of their choice, limits which have served to severely
hinder the ability of challengers to compete on equal
terms with incumbent politicians.
(2) The contribution limits imposed by the Federal
Election Campaign Act of 1971 force candidates to raise
funds in small amounts subject to fixed limitations,
inevitably fostering a system under which wealthy
candidates and long-term incumbent politicians hold an
unfair financial advantage, which in turn serves to
discourage potential candidates from seeking public
office.
(3) The current campaign finance laws have inhibited
the full and fair discussion of public policy issues,
as challengers who are not well known to the electorate
are forced by government regulation to attempt to amass
contributions from large numbers of donors at the
outset of a campaign. As a result, challengers who lack
the necessary resources to bring new issues into the
public debate often are eliminated from political
campaigns before their voices are even heard.
(4) The regulation by government of political speech
through the regulation of campaign contributions and
expenditures is patently undemocratic because it favors
institutionalized special interests over grassroots and
citizen activity by imposing burdensome reporting and
disclosure requirements and stringent spending limits
on the political parties, thereby tilting the financial
and tactical advantage in political campaigns to well-
financed interest groups and wealthy individuals.
(5) The effect of the unreasonably low contribution
limits has been to force more contributors and
political activists to operate outside the system,
resulting in even less accountability and even greater
encouragement of irresponsible behavior.
(6) The only way to encourage the robust discourse of
public issues and candidates, promote the free exchange
of political speech and ideas, protect constitutional
freedom, and foster a more informed electorate is to
lift all current restrictions on political candidate
and party contributions and expenditures and to provide
full, instantaneous disclosure of all contributions and
expenditures in elections for Federal office.
SEC. 3. REMOVAL OF LIMITATIONS ON FEDERAL ELECTION CAMPAIGN
CONTRIBUTIONS.
Section 315(a) of the Federal Election Campaign Act of 1971
(2 U.S.C. 441a(a)) is amended by adding at the end the
following new paragraph:
``(9) The limitations established under this subsection
shall not apply to contributions made during calendar years
beginning after 2002.'.'
SEC. 4. TERMINATION OF TAXPAYER FINANCING OF PRESIDENTIAL ELECTION
CAMPAIGNS.
(a) Termination of Designation of Income Tax Payments.--
Section 6096 of the Internal Revenue Code of 1986 is amended by
adding at the end the following new subsection:
``(d) Termination.--This section shall not apply to taxable
years beginning after December 31, 2001.''
(b) Termination of Fund and Account.--
(1) Termination of presidential election campaign
fund.--
(A) In general.--Chapter 95 of subtitle H of
such Code is amended by adding at the end the
following new section:
``SEC. 9014. TERMINATION.
The provisions of this chapter shall not apply with respect
to any presidential election (or any presidential nominating
convention) after December 31, 2002, or to any candidate in
such an election.''
(B) Transfer of excess funds to general
fund.--Section 9006 of such Code is amended by
adding at the end the following new subsection:
``(d) Transfer of Funds Remaining After 2002.--The
Secretary shall transfer all amounts in the fund after December
31, 2002, to the general fund of the Treasury.''
(2) Termination of account.--Chapter 96 of subtitle H
of such Code is amended by adding at the end the
following new section:
``SEC. 9043. TERMINATION.
The provisions of this chapter shall not apply to any
candidate with respect to any presidential election after
December 31, 2002.''
(c) Clerical Amendments.--
(1) The table of sections for chapter 95 of subtitle
H of such Code is amended by adding at the end the
following new item:
``Sec. 9014. Termination.''
(2) The table of sections for chapter 96 of subtitle
H of such Code is amended by adding at the end the
following new item:
``Sec. 9043. Termination.''
SEC. 5. DISCLOSURE REQUIREMENTS FOR CERTAIN SOFT MONEY EXPENDITURES OF
POLITICAL PARTIES.
(a) Transfers of Funds by National Political Parties.--
Section 304(b)(4) of the Federal Election Campaign Act of 1971
(2 U.S.C. 434(b)(4)) is amended--
(1) by striking ``and'' at the end of subparagraph
(H);
(2) by adding ``and'' at the end of subparagraph (I);
and
(3) by adding at the end the following new
subparagraph:
``(J) in the case of a political committee of
a national political party, all funds
transferred to any political committee of a
State or local political party, without regard
to whether or not the funds are otherwise
treated as contributions or expenditures under
this title;''.
(b) Disclosure by State and Local Political Parties of
Information Reported Under State Law.--Section 304 of such Act
(2 U.S.C. 434), as amended by section 502(a) of the Department
of Transportation and Related Agencies Act, 2001 (as enacted
into law by reference under section 101(a) of Public Law 106-
346), is amended by adding at the end the following new
subsection:
``(e) If a political committee of a State or local
political party is required under a State or local law, rule,
or regulation to submit a report on its disbursements to an
entity of the State or local government, the committee shall
file a copy of the report with the Commission at the time it
submits the report to such an entity.''.
(c) Effective Date.--The amendments made by this section
shall apply with respect to elections occurring after January
2003.
SEC. 6. PROMOTING EXPEDITED AVAILABILITY OF FEC REPORTS.
(a) Mandatory Electronic Filing for All Reports.--
(1) In general.--Section 304(a)(11) of the Federal
Election Campaign Act of 1971 (2 U.S.C. 434(a)(11)), as
amended by section 639(a) of the Treasury and General
Government Appropriations Act, 2000 (Public Law 106-
58), is amended--
(A) in subparagraph (A), by striking ``a
person required to file--'' and all that
follows and inserting the following: ``each
person required to file a report under this Act
shall be required to maintain and file such
report in electronic form accessible by
computers.'';
(B) in subparagraph (C), by striking
``designations, statements, and reports'' and
inserting ``documents''; and
(C) in subparagraph (D), by striking ``means,
with respect to'' and all that follows and
inserting the following: ``means any report,
designation, statement, or notification
required by this Act to be filed with the
Commission or the Secretary of the Senate.''.
(2) Placement of all reports on internet.--Section
304(a)(11)(B) of such Act (2 U.S.C. 434(a)(11)(B)), as
amended by section 639(a) of the Treasury and General
Government Appropriations Act, 2000 (Public Law 106-
58), is amended--
(A) by striking ``a designation, statement,
report, or notification'' and inserting ``each
report''; and
(B) by striking ``the designation, statement,
report, or notification'' and inserting ``the
report''.
(b) Requiring Reports for All Contributions Made to Any
Political Committee Within 90 Days of Election; Requiring
Reports To Be Made Within 24 Hours.--Section 304(a)(6) of such
Act (2 U.S.C. 434(a)(6)) is amended to read as follows:
``(6)(A) Each political committee shall notify the
Secretary or the Commission, and the Secretary of State, as
appropriate, in writing, of any contribution received by the
committee during the period which begins on the 90th day before
an election and ends at the time the polls close for such
election. This notification shall be made within 24 hours (or,
if earlier, by midnight of the day on which the contribution is
deposited) after the receipt of such contribution and shall
include the name of the candidate involved (as appropriate) and
the office sought by the candidate, the identification of the
contributor, and the date of receipt and amount of the
contribution.
``(B) The notification required under this paragraph shall
be in addition to all other reporting requirements under this
Act.''.
(c) Effective Date.--The amendment made by this section
shall apply with respect to reports for periods beginning on or
after January 1, 2003.
SEC. 7. WAIVER OF ``BEST EFFORTS'' EXCEPTION FOR INFORMATION ON
IDENTIFICATION OF CONTRIBUTORS.
(a) In General.--Section 302(i) of the Federal Election
Campaign Act of 1971 (2 U.S.C. 432(i)) is amended--
(1) by striking ``(i) When the treasurer'' and
inserting ``(i)(1) Except as provided in paragraph (2),
when the treasurer''; and
(2) by adding at the end the following new paragraph:
``(2) Paragraph (1) shall not apply with respect to
information regarding the identification of any person who
makes a contribution or contributions aggregating more than
$200 during a calendar year (as required to be provided under
subsection (c)(3)).''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply with respect to persons making contributions for
elections occurring after January 2003.
SEC. 8. PROHIBITING INVOLUNTARY ASSESSMENT OF FUNDS BY LABOR
ORGANIZATIONS FOR POLITICAL ACTIVITIES.
(a) In General.--Section 316 of the Federal Election
Campaign Act of 1971 (2 U.S.C. 441b) is amended by adding at
the end the following new subsection:
``(c)(1) Except with the separate, prior, written,
voluntary authorization of each individual involved, it shall
be unlawful for any labor organization described in this
section to collect from or assess its members or nonmembers any
dues, initiation fee, or other payment if any part of such
dues, fee, or payment will be used for political activity in
which the labor organization is engaged.
``(2) An authorization described in paragraph (1) shall
remain in effect until revoked and may be revoked at any time.
Each labor organization collecting from or assessing amounts
from an individual with an authorization in effect under such
paragraph shall provide the individual with a statement that
the individual may at any time revoke the authorization.
``(3) For purposes of this subsection, the term `political
activity' means any activity carried out for the purpose of
influencing (in whole or in part) any election for Federal
office, influencing the consideration or outcome of any Federal
legislation or the issuance or outcome of any Federal
regulations, or educating individuals about candidates for
election for Federal office or any Federal legislation.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply to amounts collected or assessed on or after the
date of the enactment of this Act.
SEC. 9. CHANGE IN NAME OF FEDERAL ELECTION COMMISSION.
(a) In General.--Section 306 of the Federal Election
Campaign Act of 1971 (2 U.S.C. 437c) is amended--
(1) in the heading, by striking ``federal election
commission'' and inserting ``federal campaign
regulation commission''; and
(2) in the first sentence of subsection (a)(1), by
striking ``Federal Election Commission'' and inserting
``Federal Campaign Regulation Commission''.
(b) Conforming Amendment.--Section 431(10) of such Act (2
U.S.C. 431(10)) is amended by striking ``Federal Election
Commission'' and inserting ``Federal Campaign Regulation
Commission''.
(c) References in Other Laws and Documents.--
Notwithstanding any other provision of law or any rule or
regulation, any reference in any law, rule, regulation, or
other document to the Federal Election Commission shall be
deemed to be a reference to the Federal Campaign Regulation
Commission.
----------
22. An Amendment To Be Offered by Representative Ney of Ohio, or
Representative Wynn of Maryland, or a Designee, Debatable for 60
Minutes
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Campaign
Reform and Citizen Participation Act of 2001''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I--SOFT MONEY OF NATIONAL PARTIES
Sec. 101. Restrictions on soft money of national political parties.
TITLE II--MODIFICATION OF CONTRIBUTION LIMITS
Sec. 201. Increase in limits on certain contributions.
Sec. 202. Increase in limits on contributions to State parties.
Sec. 203. Treatment of contributions to national party under aggregate
annual limit on individual contributions.
Sec. 204. Exemption of costs of volunteer campaign materials produced
and distributed by parties from treatment as contributions and
expenditures.
Sec. 205. Indexing.
TITLE III--DISCLOSURE OF ELECTION-RELATED COMMUNICATIONS
Sec. 301. Disclosure of information on communications broadcast prior to
election.
Sec. 302. Disclosure of information on targeted mass communications.
TITLE IV--EFFECTIVE DATE
Sec. 401. Effective date.
TITLE I--SOFT MONEY OF NATIONAL PARTIES
SEC. 101. RESTRICTIONS ON SOFT MONEY OF NATIONAL POLITICAL PARTIES.
Title III of the Federal Election Campaign Act of 1971 (2
U.S.C. 431 et seq.) is amended by adding at the end the
following new section:
``soft money of national political parties
``Sec. 323. (a) Prohibiting Use of Soft Money for Federal
Election Activity.--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 for Federal election activity, or spend
any funds for Federal election activity, that are not subject
to the limitations, prohibitions, and reporting requirements of
this Act.
``(b) Limit on Amount of Nonfederal Funds Provided to Party
by Any Person for Any Purpose.--No person shall make
contributions, donations, or transfers of funds which are not
subject to the limitations and prohibitions of this Act to a
political committee established and maintained by a national
political party in any calendar year in an aggregate amount
equal to or greater than $75,000.
``(c) Applicability.--This subsection shall apply to any
political committee established and maintained by a national
political party, any officer or agent of such a committee
acting on behalf of the committee, and any entity that is
directly or indirectly established, maintained, or controlled
by such a national committee.
``(d) Definitions.--
``(1) 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, unless the activity
constitutes generic campaign activity;
``(ii) voter identification or get-
out-the-vote 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), unless the
activity constitutes generic campaign
activity;
``(iii) any public communication that
refers to or depicts 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) any public communication made
by means of any broadcast, cable, or
satellite communication.
``(B) Exception for certain administrative
activities.--The term `Federal election
activity' does not include any activity
relating to establishment, administration, or
solicitation costs of a political committee
established and maintained by a national
political party, so long as the funds used to
carry out the activity are derived from funds
or payments made to the committee which are
segregated and used exclusively to defray the
costs of such activities.
``(2) Generic campaign activity.--The term `generic
campaign activity' means any activity that does not
mention, depict, or otherwise promote a clearly
identified Federal candidate.
``(3) Public communication.--The term `public
communication' means a communication by means of any
broadcast, cable, or satellite communication,
newspaper, magazine, outdoor advertising facility, or
direct mail.
``(4) Direct mail.--The term `direct mail' means a
mailing by a commercial vendor or any mailing made from
a commercial list.''.
TITLE II--MODIFICATION OF CONTRIBUTION LIMITS
SEC. 201. INCREASE IN LIMITS ON CERTAIN CONTRIBUTIONS.
(a) Contributions by Individuals to National Parties.--
Section 315(a)(1)(B) of the Federal Election Campaign Act of
1971 (2 U.S.C. 441a(a)(1)(B)) is amended by striking
``$20,000'' and inserting ``$30,000''.
(b) Contributions by Committees to National Parties.--Section
315(a)(2)(B) of such Act (2 U.S.C. 441a(a)(2)(B)) is amended by
striking ``$15,000'' and inserting ``$30,000''.
(c) Aggregate Annual Limit on Contributions by Individuals.--
Section 315(a)(3) of such Act (2 U.S.C. 441a(a)(3)) is amended
by striking ``$25,000'' and inserting ``$37,500''.
SEC. 202. INCREASE IN LIMITS ON CONTRIBUTIONS TO STATE PARTIES.
(a) Contributions by Individuals.--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) Contributions by Committees.--Section 315(a)(2) of the
Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(2)) 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.''.
SEC. 203. TREATMENT OF CONTRIBUTIONS TO NATIONAL PARTY UNDER AGGREGATE
ANNUAL LIMIT ON INDIVIDUAL CONTRIBUTIONS.
Section 315(a)(3) of the Federal Election Campaign Act of
1971 (2 U.S.C. 441(a)(3)) is amended--
(1) by striking ``(3)'' and inserting ``(3)(A)''; and
(2) by adding at the end the following new
subparagraph:
``(B) Subparagraph (A) shall not apply with
respect to any contribution made to any
political committee established and maintained
by a national political party which is not the
authorized political committee of any
candidate.''.
SEC. 204. EXEMPTION OF COSTS OF VOLUNTEER CAMPAIGN MATERIALS PRODUCED
AND DISTRIBUTED BY PARTIES FROM TREATMENT AS
CONTRIBUTIONS AND EXPENDITURES.
(a) Treatment as Contributions.--Section 301(8)(B)(x) of the
Federal Election Campaign Act of 1971 (2 U.S.C. 431(8)(B)(x))
is amended by striking ``a State or local committee of a
political party of the costs of'' and inserting ``a national,
State, or local committee of a political party of the costs of
producing and distributing''.
(b) Treatment as Expenditures.--Section 301(9)(B)(viii) of
the Federal Election Campaign Act of 1971 (2 U.S.C.
431(9)(B)(viii)) is amended by striking ``a State or local
committee of a political party of the costs of'' and inserting
``a national, State, or local committee of a political party of
the costs of producing and distributing''.
SEC. 205. 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) Except as provided in subparagraph (C),
in any calendar year after 2002--
``(i) a limitation established by subsections (a),
(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) 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) and
(h), calendar year 2001''.
TITLE III--DISCLOSURE OF ELECTION-RELATED COMMUNICATIONS
SEC. 301. DISCLOSURE OF INFORMATION ON COMMUNICATIONS BROADCAST PRIOR
TO ELECTION.
Section 304 of the Federal Election Campaign Act of 1971 (2
U.S.C. 434), as amended by section 502(a) of the Department of
Transportation and Related Agencies Act, 2001 (as enacted into
law by reference under section 101(a) of Public Law 106-346),
is amended by adding at the end the following new subsection:
``(e) Disclosure of Information on Certain Communications
Broadcast Prior to Elections.--
``(1) In general.--Any person who makes a
disbursement for a communication described in paragraph
(3) shall, not later than 24 hours after making the
disbursement, file with the Commission a statement
containing the information required under 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 individual or entity
sharing or exercising direction or control over
the activities of such person, and of the
custodian of the books and accounts of the
person making the disbursement.
``(B) The principal place of business and
phone number of the person making the
disbursement, if not an individual.
``(C) The amount of the disbursement.
``(D) The clearly identified candidate or
candidates to which the communication pertains
and the names (if known) of the candidates
identified or to be identified in the
communication.
``(E) The text of the communication involved.
``(3) Communications described.--
``(A) In general.--A communication described
in this paragraph is any communication--
``(i) which is disseminated to the
public by means of any broadcast,
cable, or satellite communication
during the 120-day period ending on the
date of a Federal election; and
``(ii) which mentions a clearly
identified candidate for such election
(by name, image, or likeness).
``(B) Exception.--A communication is not
described in this paragraph if--
``(i) the communication appears in a
news story, commentary, or editorial
distributed through the facilities of
any broadcasting station, unless such
facilities are owned or controlled by
any political party, political
committee, or candidate; or
``(ii) the communication constitutes
an expenditure under this Act.
``(4) Coordination with other requirements.--Any
requirement to file a statement under this subsection
shall be in addition to any other reporting requirement
under this Act.
``(5) Clarification of treatment of vendors.--A
person shall not be considered to have made a
disbursement for a communication under this subsection
if the person made the disbursement solely as a vendor
acting pursuant to a contractual agreement with the
person responsible for sponsoring the communication.''.
SEC. 302. DISCLOSURE OF INFORMATION ON TARGETED MASS COMMUNICATIONS.
Section 304 of the Federal Election Campaign Act of 1971 (2
U.S.C. 434), as amended by section 301, is further amended by
adding at the end the following new subsection:
``(f) Disclosure of Information on Targeted Mass
Communications.--
``(1) In general.--Any person who makes a
disbursement for targeted mass communications in an
aggregate amount in excess of $50,000 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 individual or entity
sharing or exercising direction or control over
the activities of such person, and of the
custodian of the books and accounts of the
person making the disbursement.
``(B) The principal place of business and
phone number of the person making the
disbursement, if not an individual.
``(C) The amount of each such disbursement of
more than $200 made by the person during the
period covered by the statement and the
identification of the person to whom the
disbursement was made.
``(D) The clearly identified candidate or
candidates to which the communication pertains
and the names (if known) of the candidates
identified or to be identified in the
communication.
``(E) The text of the communication involved.
``(3) Targeted mass communication defined.--
``(A) In general.--In this subsection, the
term `targeted mass communication' means any
communication--
``(i) which is disseminated during
the 120-day period ending on the date
of a Federal election;
``(ii) which refers to or depicts a
clearly identified candidate for such
election (by name, image, or likeness);
and
``(iii) which is targeted to the
relevant electorate.
``(B) Targeting to relevant electorate.--
``(i) Broadcast communications.--For
purposes of this paragraph, a
communication disseminated to the
public by means of any broadcast,
cable, or satellite communication which
refers to or depicts a clearly
identified candidate for Federal office
is `targeted to the relevant
electorate' if the communication is
disseminated by a broadcaster whose
audience includes--
``(I) a substantial number of
residents of the district the
candidate seeks to represent
(as determined in accordance
with regulations of the
Commission), in the case of a
candidate for Representative
in, or Delegate or Resident
Commissioner to, the Congress;
or
``(II) a substantial number
of residents of the State the
candidate seeks to represent
(as determined in accordance
with regulations of the
Commission), in the case of a
candidate for Senator.
``(ii) Other communications.--For
purposes of this paragraph, a
communication which is not described in
clause (i) which refers to or depicts a
clearly identified candidate for
Federal office is `targeted to the
relevant electorate' if--
``(I) more than 10 percent of
the total number of intended
recipients of the communication
are members of the electorate
involved with respect to such
Federal office; or
``(II) more than 10 percent
of the total number of members
of the electorate involved with
respect to such Federal office
receive the communication.
``(C) Exceptions.--The term `targeted mass
communication' does not include--
``(i) a communication appearing in a
news story, commentary, or editorial
distributed through the facilities of
any broadcasting station, newspaper,
magazine, or other periodical
publication, unless such facilities are
owned or controlled by any political
party, political committee, or
candidate;
``(ii) a communication made by any
membership organization (including a
labor organization) or corporation
solely to its members, stockholders, or
executive or administrative personnel,
if such membership organization or
corporation is not organized primarily
for the purpose of influencing the
nomination for election, or election,
of any individual to Federal office; or
``(iii) a communication which
constitutes an expenditure under this
Act.
``(4) Disclosure date.--For purposes of this
subsection, the term `disclosure date' means--
``(A) the first date during any calendar year
by which a person has made disbursements for
targeted mass communications aggregating in
excess of $50,000; and
``(B) any other date during such calendar
year by which a person has made disbursements
for targeted mass communications aggregating in
excess of $50,000 since the most recent
disclosure date for such calendar year.
``(5) Coordination with other requirements.--Any
requirement to report under this subsection shall be in
addition to any other reporting requirement under this
Act.
``(6) Clarification of treatment of vendors.--A
person shall not be considered to have made a
disbursement for a communication under this subsection
if the person made the disbursement solely as a vendor
acting pursuant to a contractual agreement with the
person responsible for sponsoring the communication.''.
TITLE IV--EFFECTIVE DATE
SEC. 401. EFFECTIVE DATE.
The amendments made by this Act shall apply with respect to
elections occurring after December 2002.