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Senate and House of Representatives Proposed Legislation on Campaign Finance Reform[S. 27 Bipartisan Campaign Reform Act of 2001; H. Res. 188; H.R. 2356 Bipartisan Campaign Reform Act of 2001]
By Mr. McCAIN (for himself, Mr. Feingold, Mr. Cochran, Mr. Levin, Mr. Thompson, Mr. Lieberman, Ms. Collins, Mr. Schumer, Ms. Snowe, Mr. Wellstone, Mr. Jeffords, Mr. Reed, Mr. Durbin, Mr. Wyden, Mr. Kohl, Mrs. Boxer, Mr. Harkin, Ms. Stabenow, and Ms. Cantwell): S. 27. A bill to amend the Federal Election Campaign Act of 1971 to provide bipartisan campaign reform; to the Committee on Rules and Administration.
Mr. McCain: Mr. President, today we confront yet again a very serious challenge to our political system, as dangerous in its debasing effect on our democracy as war and depression have been in the past. And it will take the best efforts of every public-spirited American to defeat it. We must overcome the cynicism that is growing rampant in our society. We must pass campaign reform legislation. That is why first I want to thank our cosponsors for being here today. They are proof that momentum is on our side and that we will pass campaign reform legislation and finally follow the American people's will. Action on this issue is long overdue and I am hopeful that this year will present us with our best opportunity yet to achieve passage of meaningful campaign reform. Our legislation is simple, bi-partisan, and achieves three primary objectives that will go far to reform our electoral system. The bill: Bans soft money for usage in federal elections; Requires increased disclosure of electioneering communications by so-called independent organizations in a constitutional and clear manner (the Snowe-Jeffords language); and Codifies the Supreme Court's Beck decision, a court decision effectively ignored by the previous Clinton Administration and now, under this Act, a decision which would be strictly enforced. After one of the closest elections in our nation's history, there's one thing the American people are unanimous about--they want their government back. We can to that by ridding politics of large, unregulated contributions that give special interests a seat at the table while average Americans are stuck in the back of the room. The Senate needs to act early on campaign finance reform so we can achieve meaningful reform and restore the public's faith in their government. This is not a perfect bill. It does not attempt to solve all the evils that plague our campaign system. But we will not let perfect be the enemy of progress. We expect amendments to be offered to this legislation and we fully expect that many of those amendments will be constructive and add to our efforts. We look forward to that kind of positive debate. Second, whatever bill passes, it must treat our corporate and union constituencies alike. We must resist any measures that skew this bill in favor of any one group. The soft money ban in this bill affects both corporations and unions. And for my Republican friends, I want to emphasize again, if this bill passes, the $100,000-plus union soft money checks to the Democratic Party will no longer exist. According to the Washington Post, the "biggest donor of soft money in the (last) campaign was the American Federal of State, County, and Municipal Employees (which) gave the Democratic National Committee $1.27 million in last October and early November. AFSCME's soft money total for the election cycle was $6.3 million." Passage of this bill will end this practice once and for all. The key to our success now lies with a fair and open debate on this subject. In the past, we have been denied any constructive debate on this matter. I am hopeful that Senators Lott and Daschle and the co- sponsors of the bill can construct a fair unanimous consent agreement that will allow the Senate to take up and consider numerous amendments, work its will, and craft legislation that can and will be signed into law by the President. That is now our singular goal. And I am confident it can be achieved. Mr. President, I hope we can soon take up and pass this crucial legislation. Mr. FEINGOLD: Mr. President, I am very pleased to once again introduce a campaign reform bill with my friend and colleague, the Senator from Arizona. This year we have an important new cosponsor, the senior Senator from Mississippi, Senator Thad Cochran, so this bill will be known as the McCain-Feingold-Cochran campaign reform bill. This is the fourth Congress in which Senator McCain and I have introduced a bill. We have made progress each year, and now we are closer than ever to finishing the job for the American people. The time for campaign finance reform to pass the Congress and become law has now come Mr. President. And Senator McCain and I are going to dedicate ourselves to this issue like never before to make it happen. The bill we are introducing today is broader than S. 1593, the bill we took to the floor in October 1999, but narrower than S. 26, the McCain-Feingold bill that was introduced in the beginning of the last Congress. Our bill this year consists of a soft money ban, the Snowe- Jeffords language on issue ads, the Beck provision on union dues, and a few other provisions that will provide credibility to this reform bill as it's passed into law. Very significant in my mind is a clear prohibition on political fundraising in federal office buildings. This is a strong base bill for reform, but we are ready and willing to entertain the suggestions and proposals of all 98 other Senators. Each of us in this body is an expert on this issue, and I know that many of my colleagues have innovative ideas on how to improve our election laws. Any amendment that adds to this bill in a positive way and and doesn't undercut its basic principles will be given every consideration. One provision on which we will not compromise is the ban on soft money. The bill here is as tough and comprehensive as possible, leaving no room for the soft money abuses we have seen in the last decade. Obviously, loopholes will develop over time, but I am satisfied that this bill closes the soft money system down and anticipates at least some of the clever schemes that might be developed to avoid the ban. In the last election cycle, we saw over $500 million in soft money raised by the political parties. This system is a scandal that we must eliminate now. The bill includes the Snowe-Jeffords language on issue ads. This provision will have a major impact on labor union ads, but it is fair and balanced between unions and corporations. It will have minimal impact on established advocacy groups like National Right to Life and the Sierra Club because they have a significant small donor base, but it will prevent corporations and unions from laundering money through such groups. It allows groups to continue to run these ads as long as they use only individual money and disclose the large donors to the effort. The provision covers only phony issue ads on radio and TV, not direct mail, phone banks, or newspapers, or the Internet, but we are open to working with all sides to work out a fair and balanced way to broaden its coverage if that is what the Senate wants to do. Similarly, we are open to proposals that will require additional disclosure of election related spending by unions, corporations, and advocacy groups. But they must treat all players in this system evenly and fairly. That brings me to the issue that has received a lot of attention in recent weeks, so called "paycheck protection." In the past, this has been a poison pill to reform, but with the changes in the Senate, we clearly have the votes to defeat the extreme and one-sided "paycheck protection proposals that have been offered in the past. We will hold the President and those working with him to the standard that he himself has enunciated any proposal has to be fair and balanced. Our bill is currently fair and balanced. It treats unions and corporations equally. The paycheck protection proposals we have seen in the past are not fair and balanced. They attack only one player in the election system labor unions. Mr. President, I look forward to a real debate early this year, not only on our bill but on amendments that my colleagues want to offer. I am happy to meet with any Senator who wants to discuss a reform proposal. If we all work together, this process can yield a campaign reform bill that we will be proud of, and we can start out this new Congress by cleaning up our elections and ridding our system of the corrupting of soft money. Mr. McCAIN: Mr. President, Senator Feingold and I and others--a bipartisan group of Senators and friends from the House, Congressman Shays and Congressman Meehan--just had a press conference announcing our intentions. I don't intend to make a statement, except to express my deep and sincere appreciation for my partner, Senator Feingold, who someday will be written about in another book called profiles in courage for his willingness to stand up to the special interests at a time when his own candidacy was at risk if he did not do so. I thank Senator Feingold, and I look forward to continuing to work together on this issue. I believe we see a light at the end of the tunnel, which is an old phrase from the Vietnam war, uttered by one of our civilian leaders during that war. I remind Senator Feingold that when told of that, a soldier in the field said, "Yes, the light at the end of the tunnel is a train." We hope that is not the case in this particular scenario. The PRESIDING OFFICER: The Senator from Wisconsin is recognized. Mr. FEINGOLD: Mr. President, I thank the Senator from Arizona for his kind remarks. I am happy to be back with him on this effort. As John McCain has said many times, we know that every Member of the Senate is an expert on this issue. Every Member has ideas about how we should reform the campaign finance system. What we want out of this is an opportunity for an open amending process so the Senate as a whole can fashion a bill to send to the President. Mr. McCAIN: I ask unanimous consent that the bill be left open for further cosponsors throughout the day. The PRESIDING OFFICER: Without objection, it is so ordered. The Senator from Wisconsin has the floor. Mr. FEINGOLD: I yield the floor. The PRESIDING OFFICER: The Senator from Mississippi is recognized. Mr. COCHRAN: Mr. President, I am pleased to join my friends from Arizona and from Wisconsin in introducing the McCain-Feingold-Cochran bill today. They have worked very hard and very effectively to bring the attention of not only the Senate but the American people to bear on this issue and this important need for reform. I am convinced that we are well advised to take this legislation up at an early date in this session of the Congress. The impressions of the last election are fresh on everybody's mind. One that sticks with me very strongly is that candidates were overwhelmed in this process by the expenditures of soft money by groups buying ads, some attacking candidates, supporting others, without the American public knowing who these groups were, what their goals and intentions were, where the money was coming from, or how it was being spent. That has to be corrected, and it ought to be corrected. The purpose of the campaign finance laws was to let the American people know from where the money was coming, how it was being used, how much money was being raised by the candidates and spent by the candidates. We have now lost the right to know because of the loopholes that have been developed and perfected by those who are involving themselves in the election process. I am not against freedom of speech. We want everybody to be able to have their say, but we have a right to know how much they are spending and from where the money is coming. I think that is a fundamental part of this legislation, and I hope the Senate will take it up and pass it in the near future. Ms. COLLINS: Mr. President, I rise in support of the McCain-Feingold bipartisan campaign finance reform bill of 2001. I am very proud to be an original cosponsor of this legislation which goes a long way towards reforming our campaign system. I have long supported campaign finance reform. When I ran for the Senate from Maine in 1996 I promised my constituents that I would be a strong advocate for campaign finance reform. That pledge led to my decision to cosponsor the campaign finance reform that was introduced in 1997 by Senators McCain and Feingold. Unfortunately, comprehensive campaign finance reform efforts have been thwarted in the past two Congresses. This time, though, we have reason for optimism due to new and renewed support. The Bipartisan Campaign Reform Act of 2001 takes a number of important steps towards fixing a broken system. First and foremost, the bill closes the most glaring loophole in our campaign finance laws by banning the unlimited, unregulated contributions known as "soft money." "Soft money" has made the current law's restrictions and contributions from individuals, corporations, and unions essentially meaningless. Second, the bill requires disclosure by the sponsors of certain issue ads that corporations and labor unions run in the period leading up to an election. Third, the bill codifies the Supreme Court's decision in Communication Workers of America v. Beck to ensure that nonunion members are not obligated to subsidize the political activities of labor unions. And finally, the bill makes it clear that foreign nationals may not contribute any funds--hard or soft--to federal, state, or local elections. My home State of Maine has a deep commitment to preserving the integrity of the electoral system and ensuring that all Mainers have an equal political voice. Mainers have backed their commitment to an open political process in both word and deed. In many regions of Maine, town meetings in which all citizens are invited to debate issues and make decisions are still prevalent. This is unvarnished, direct democracy. Maine's tradition of town meetings and equal participation rejects the notion that wealth dictates political discourse. Maine citizens feel strongly about reforming our federal campaign laws, as do I. The problem with soft money was painfully evident during the 1997 hearings by the Senate Committee on Governmental Affairs, chaired by my good friend, Senator Thompson. During those investigations, we heard from one individual who gave $325,000 to the Democratic National Committee in order to secure a picture with the President of the United States. We also heard from the infamous Roger Tamraz who testified that the $300,000 he spend to gain access to the White House was not enough and that, next time, he would spend $600,000. And we heard of individuals, such as Chinese cigarette magnate Ted Sioeng, who orchestrated nearly $600,000 in political contributions during the 1996 election cycle. Sioeng, we later discovered, was a self-described agent of the Chinese government. Soft money donations soared in the 2000 presidential election cycle, nearly doubling from $262 million in 1996 to $488 million in 2000. At the same time, regulated, hard money donations increased a little more than 10-percent. Soft money, then, is the crest of the wave that has swamped our campaign finance system and shaken public confidence in our government. I applaud the bipartisan efforts of Senators McCain and Feingold and pledge my continued support to see this legislation become law this year. Mr. JEFFORDS: Mr. President, I rise today as a proud cosponsor of the Bipartisan Campaign Reform Act of 2001 to discuss my thoughts and hopes on the actions the Senate will hopefully be taking in the coming months on this important issue. First, let me thank the sponsors of the legislation, Senators McCain and Feingold, for their tireless perseverance to enact campaign finance reform. Without their hard work and vast knowledge, we would not be at this important point. The time has come to schedule a full and open debate on this important issue. I look forward to hearing and debating the many ideas of my colleagues and believe the Senate should strive to show why we are considered the greatest deliberative body in the world by fully debating this important topic. Mr. President, I was first elected to Congress following the Watergate scandal, right around the time Congress last enacted comprehensive reform of our campaign finance system. I have watched with growing dismay during my over twenty-five years in Congress as the number of troubling examples of problems in our current campaign finance system have increased. These problems have led to a perception by the public that a disconnect exists between themselves and the people that they have elected. I believe that this perception is a pivotal factor behind the disturbingly low voter turnouts that have plagued national elections. While some may point to surveys that list campaign finance reform as a low priority for the electorate, I believe that the public actually strongly supports Congress debating and enacting comprehensive reform. It is important to reverse the trend of shrinking voter turnout by re- establishing the connection between the public and us, their elected representatives, by passing comprehensive campaign finance reform. It is time to restore the public's confidence in our political system. It is time to increase disclosure requirements and ban soft money. It is time to work together to pass meaningful campaign finance reform. As I said earlier, I look forward to a full and open debate on the issue of campaign finance reform including the amendments that will be offered. At the end of this debate, the Senate should be able to pass comprehensive campaign finance reform. That to me is the most important aspect of any bill the Senate may pass, it must be comprehensive. If we fail to address the problems facing our campaign finance system with a comprehensive balanced package we will ultimately fail in our mission of reforming the system. Closing one loophole, without addressing the others in a systematic way, will not do enough to correct the current deficiencies, and may in fact create new and unintended consequences. Mr. President, we have all seen first-hand the problems with the current state of the law as it relates to sham issue advertisements. I have focused much time and effort on developing a legislative solution on this topic with my colleague Senator Olympia Snowe, and was pleased that this solution was adopted by the Senate during the 1998 debate on campaign finance reform. I was also proud to cosponsor the comprehensive campaign finance bill Senators McCain and Feingold introduced last Congress that included this legislative solution. I feel strongly that the legislation the Senate must ultimately vote on include some kind of changes to the current law concerning sham issue advertisements. I feel that we have crafted a reasonable, constitutional approach to this problem and am extremely pleased that this legislative solution is again included in the bill we introduce today. That does not mean, though, that we will stop working with our colleagues to craft additional, and perhaps different, ideas to address the problems with the current law on sham issue advertisements. My ultimate goal is to create a comprehensive campaign finance bill that will garner the support of at least 60 Senators, and hopefully more. Mr. President, I look forward to a full and open debate on this important issue, and pledge to continue working with my colleagues to enact comprehensive campaign finance reform into law this year.
107th CONGRESS
1st Session
S. 27
To amend the Federal Election Campaign Act of 1971 to provide
bipartisan campaign reform.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 22, 2001
Mr. McCain (for himself, Mr. Feingold, Mr. Cochran, Mr. Levin, Mr.
Thompson, Mr. Lieberman, Ms. Collins, Mr. Schumer, Ms. Snowe, Mr.
Wellstone, Mr. Jeffords, Mr. Reed, Mr. Durbin, Mr. Wyden, Mr. Kohl,
Mrs. Boxer, Mr. Harkin, and Ms. Stabenow) introduced the following
bill; which was read twice and referred to the Committee on Rules and
Administration
_______________________________________________________________________
A BILL
To amend the Federal Election Campaign Act of 1971 to provide
bipartisan campaign reform.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Bipartisan
Campaign Reform Act of 2001''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--REDUCTION OF SPECIAL INTEREST INFLUENCE
Sec. 101. Soft money of political parties.
Sec. 102. Increased contribution limits for State committees of
political parties and aggregate
contribution limit for individuals.
Sec. 103. Reporting requirements.
TITLE II--NON-CANDIDATE CAMPAIGN EXPENDITURES
Subtitle A--Electioneering Communications
Sec. 201. Disclosure of electioneering communications.
Sec. 202. Coordinated communications as contributions.
Sec. 203. Prohibition of corporate and labor disbursements for
electioneering communications.
Subtitle B--Independent and Coordinated Expenditures
Sec. 211. Definition of independent expenditure.
Sec. 212. Reporting requirements for certain independent expenditures.
Sec. 213. Independent versus coordinated expenditures by party.
Sec. 214. Coordination with candidates.
TITLE III--MISCELLANEOUS
Sec. 301. Use of contributed amounts for certain purposes.
Sec. 302. Prohibition of fundraising on Federal property.
Sec. 303. Strengthening foreign money ban.
Sec. 304. Codification of Beck decision.
TITLE IV--SEVERABILITY; CONSTITUTIONALITY; EFFECTIVE DATE
Sec. 401. Severability.
Sec. 402. Effective date.
TITLE I--REDUCTION OF SPECIAL INTEREST INFLUENCE
SEC. 101. SOFT MONEY OF POLITICAL PARTIES.
(a) In General.--Title III of the Federal Election Campaign Act of
1971 (2 U.S.C. 431 et seq.) is amended by adding at the end the
following:
``SEC. 323. SOFT MONEY OF POLITICAL PARTIES.
``(a) National Committees.--
``(1) In general.--A national committee of a political
party (including a national congressional campaign committee of
a political party) may not solicit, receive, or direct to
another person a contribution, donation, or transfer of funds
or any other thing of value, or spend any funds, that are not
subject to the limitations, prohibitions, and reporting
requirements of this Act.
``(2) Applicability.-- The prohibition established by
paragraph (1) applies to any such national committee, any
officer or agent of such a national committee, and any entity
that is directly or indirectly established, financed,
maintained, or controlled by such a national committee.
``(b) State, District, and Local Committees.--An amount that is
expended or disbursed for Federal election activity by a State,
district, or local committee of a political party (including an entity
that is directly or indirectly established, financed, maintained, or
controlled by a State, district, or local committee of a political
party and an officer or agent acting on behalf of such committee or
entity), or by an 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 Federal election activity
that refers to another clearly identified candidate for election to
Federal office.
``(c) Fundraising Costs.--An amount spent by a person described in
subsection (a) or (b) to raise funds that are used, in whole or in
part, to pay the costs of a Federal election activity shall be made
from funds subject to the limitations, prohibitions, and reporting
requirements of this Act.
``(d) Tax-Exempt Organizations.--A national, State, district, or
local committee of a political party (including a national
congressional campaign committee of a political party), an entity that
is directly or indirectly established, financed, maintained, or
controlled by any such national, State, district, or local committee or
its agent, and an officer or agent acting on behalf of any such party
committee or entity, shall not solicit any funds for, or make or direct
any donations to--
(1) an organization that is described in section 501(c) of
the Internal Revenue Code of 1986 and exempt from taxation
under section 501(a) of such Code (or has submitted an application for
determination of tax exempt status under such section); or
(2) an organization described in section 527 of such Code
(other than a political committee).
``(e) Candidates.--
``(1) In general.--A candidate, individual holding Federal
office, agent of a candidate or an individual holding Federal
office, or an entity directly or indirectly established,
financed, maintained or controlled by or acting on behalf of 1
or more candidates or individuals holding Federal office, shall
not--
``(A) solicit, receive, direct, transfer, or spend
funds in connection with an election for Federal
office, including funds for any Federal election
activity, unless the funds are subject to the
limitations, prohibitions, and reporting requirements
of this Act; or
``(B) solicit, receive, direct, transfer, or spend
funds in connection with any election other than an
election for Federal office or disburse funds in
connection with such an election unless the funds--
``(i) are not in excess of the amounts
permitted with respect to contributions to
candidates and political committees under
paragraphs (1) and (2) of section 315(a); and
``(ii) are not from sources prohibited by
this Act from making contributions in
connection with an election for Federal office.
``(2) State law.--Paragraph (1) does not apply to the
solicitation, receipt, or spending of funds by an individual
who is a candidate for a State or local office in connection with such
election for State or local office if the solicitation, receipt, or
spending of funds is permitted under State law for any activity other
than for a Federal election activity that refers to another clearly
identified candidate for election to Federal office.
``(3) Fundraising events.--Notwithstanding paragraph (1), a
candidate or an individual holding Federal office may attend,
speak, or be a featured guest at a fundraising event for a
State, district, or local committee of a political party.''.
(b) Definitions.--Section 301 of the Federal Election Campaign Act
of 1971 (2 U.S.C. 431) is amended by adding at the end thereof the
following:
``(20) Federal election activity.--
``(A) In general.--The term `Federal election
activity' means--
``(i) voter registration activity during
the period that begins on the date that is 120
days before the date a regularly scheduled
Federal election is held and ends on the date
of the election;
``(ii) voter identification, get-out-the-
vote activity, or generic campaign activity
conducted in connection with an election in
which a candidate for Federal office appears on
the ballot (regardless of whether a candidate
for State or local office also appears on the
ballot);
``(iii) a public communication that refers
to a clearly identified candidate for Federal
office (regardless of whether a candidate for
State or local office is also mentioned or
identified) and that promotes or supports a
candidate for that office, or attacks or
opposes a candidate for that office (regardless
of whether the communication expressly
advocates a vote for or against a candidate);
and
``(iv) services provided during any month
by an employee of a State, district, or local
committee of a political party who spends more
than 25 percent of that individual's
compensated time during that month on
activities in connection with a Federal
election.
``(B) Excluded activity.--The term `Federal
election activity' does not include an amount expended
or disbursed by a State, district, or local committee
of a political party for--
``(i) a public communication that refers
solely to a clearly identified candidate for
State or local office, if the communication is
not a Federal election activity described in
subparagraph (A)(i) or (ii);
``(ii) a contribution to a candidate for
State or local office, provided the
contribution is not designated or used to pay
for a Federal election activity described in
subparagraph (A);
``(iii) the costs of a State, district, or
local political convention;
``(iv) the costs of grassroots campaign
materials, including buttons, bumper stickers,
and yard signs, that name or depict only a
candidate for State or local office; and
``(v) the cost of constructing or
purchasing an office facility or equipment for
a State, district, or local committee.
``(21) Generic campaign activity.--The term `generic
campaign activity' means an activity that promotes a political
party and does not promote a candidate or non-Federal
candidate.
``(22) Public communication.--The term `public
communication' means a communication by means of any broadcast,
cable, or satellite communication, newspaper, magazine, outdoor
advertising facility, mass mailing, or telephone bank to the
general public, or any other form of general public political
advertising.
``(23) Mass mailing.--The term `mass mailing' means a
mailing of more than 500 pieces of mail matter of an identical
or substantially similar nature within any 30-day period.
``(24) Telephone bank.--The term `telephone bank' means
more than 500 telephone calls within any 30-day period of an
identical or substantially similar nature.''.
SEC. 102. INCREASED CONTRIBUTION LIMITS FOR STATE COMMITTEES OF
POLITICAL PARTIES AND AGGREGATE CONTRIBUTION LIMIT FOR
INDIVIDUALS.
(a) Contribution Limit for State Committees of Political Parties.--
Section 315(a)(1) of the Federal Election Campaign Act of 1971 (2
U.S.C. 441a(a)(1)) is amended--
(1) in subparagraph (B), by striking ``or'' at the end;
(2) in subparagraph (C)--
(A) by inserting ``(other than a committee
described in subparagraph (D))'' after ``committee'';
and
(B) by striking the period at the end and inserting
``; or''; and
(3) by adding at the end the following:
``(D) to a political committee established and maintained
by a State committee of a political party in any calendar year
which, in the aggregate, exceed $10,000.''.
(b) Aggregate Contribution Limit for Individual.--Section 315(a)(3)
of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(3)) is
amended by striking ``$25,000'' and inserting ``$30,000''.
SEC. 103. REPORTING REQUIREMENTS.
(a) Reporting Requirements.--Section 304 of the Federal Election
Campaign Act of 1971 (2 U.S.C. 434) is amended by adding at the end the
following:
``(d) Political Committees.--
``(1) National and congressional political committees.--The
national committee of a political party, any national
congressional campaign committee of a political party, and any
subordinate committee of either, shall report all receipts and
disbursements during the reporting period.
``(2) Other political committees to which section 323
applies.--In addition to any other reporting requirements
applicable under this Act, a political committee (not described
in paragraph (1)) to which section 323(b)(1) applies shall
report all receipts and disbursements made for activities
described in section 301(20)(A).
``(3) 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).
``(4) Reporting periods.--Reports required to be filed
under this subsection shall be filed for the same time periods
required for political committees under subsection (a).''.
(b) Building Fund Exception to the Definition of Contribution.--
Section 301(8)(B) of the Federal Election Campaign Act of 1971 (2
U.S.C. 431(8)(B)) is amended--
(1) by striking clause (viii); and
(2) by redesignating clauses (ix) through (xiv) as clauses
(viii) through (xiii), respectively.
TITLE II--NON-CANDIDATE CAMPAIGN EXPENDITURES
Subtitle A--Electioneering Communications
SEC. 201. DISCLOSURE OF ELECTIONEERING COMMUNICATIONS.
Section 304 of the Federal Election Campaign Act of 1971 (2 U.S.C.
434) is amended by adding at the end the following new subsection:
``(d) Additional Statements on Electioneering Communications.--
``(1) Statement required.--Every person who makes a
disbursement for electioneering communications in an aggregate
amount in excess of $10,000 during any calendar year shall,
within 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 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 of the person
making the disbursement, if not an individual.
``(C) The amount of each disbursement of more than
$200 during the period covered by the statement and the
identification of the person to whom the disbursement
was made.
``(D) The elections to which the electioneering
communications pertain and the names (if known) of the
candidates identified or to be identified.
``(E) If the disbursements were paid out of a
segregated bank account which consists of funds
contributed soley by individuals directly to this
account for electioneering communications, the names
and addresses of all contributors who contributed an
aggregate amount of $1,000 or more to that account
during the period beginning on the first day of the
preceding calendar year and ending on the disclosure
date. Nothing in this section is to be construed as a
prohibition on the use of funds in such a segregated
account for a purpose other than electioneering
communications.
``(F) If the disbursements were paid out of funds
not described in subparagraph (E), the names and
addresses of all contributors who contributed an
aggregate amount of $1,000 or more to the organization
during the period beginning on the first day of the
preceding calendar year and ending on the disclosure
date.
``(3) Electioneering communication.--For purposes of this
subsection--
``(A) In general.--The term `electioneering
communication' means any broadcast, cable, or satellite
communication which--
``(i) refers to a clearly identified
candidate for Federal office;
``(ii) is made within--
``(I) 60 days before a general,
special, or runoff election for such
Federal office; or
``(II) 30 days before a primary or
preference election, or a convention or
caucus of a political party that has
authority to nominate a candidate, for
such Federal office; and
``(iii) is made to an audience that
includes members of the electorate for such
election, convention, or caucus.
``(B) Exceptions.--The term `electioneering
communication' does not include--
``(i) a communication appearing in a news
story, commentary, or editorial distributed
through the facilities of any broadcasting
station, unless such facilities are owned or
controlled by any political party, political
committee, or candidate; or
``(ii) a communication which constitutes an
expenditure or an independent 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
electioneering communications aggregating in excess of
$10,000; and
``(B) any other date during such calendar year by
which a person has made disbursements for
electioneering communications aggregating in excess of
$10,000 since the most recent disclosure date for such
calendar year.
``(5) Contracts to disburse.--For purposes of this
subsection, a person shall be treated as having made a
disbursement if the person has executed a contract to make the
disbursement.
``(6) Coordination with other requirements.--Any
requirement to report under this subsection shall be in
addition to any other reporting requirement under this Act.''.
SEC. 202. COORDINATED COMMUNICATIONS AS CONTRIBUTIONS.
Section 315(a)(7) of the Federal Election Campaign Act of 1971 (2
U.S.C. 441a(a)(7)) is amended --
(1) by redesignating subparagraph (C) as subparagraph (D);
and
(2) by inserting after subparagraph (B) the following:
``(C) if--
``(i) any person makes, or contracts to
make, any disbursement for any electioneering
communication (within the meaning of section
304(d)(3)); and
``(ii) such disbursement is coordinated
with a candidate or an authorized committee of
such candidate, a Federal, State, or local
political party or committee thereof, or an
agent or official of any such candidate, party,
or committee;
such disbursement or contracting shall be
treated as a contribution to the candidate
supported by the electioneering communication
and as an expenditure by that candidate; and''.
SEC. 203. PROHIBITION OF CORPORATE AND LABOR DISBURSEMENTS FOR
ELECTIONEERING COMMUNICATIONS.
(a) In General.--Section 316(b)(2) of the Federal Election Campaign
Act of 1971 (2 U.S.C. 441b(b)(2)) is amended by inserting ``or for any
applicable electioneering communication'' before ``, but shall not
include''.
(b) Applicable Electioneering Communication.--Section 316 of such
Act is amended by adding at the end the following:
``(c) Rules Relating to Electioneering Communications.--
``(1) Applicable electioneering communication.--For
purposes of this section, the term `applicable electioneering
communication' means an electioneering communication (within
the meaning of section 304(d)(3)) which is made by any entity
described in subsection (a) of this section or by any other
person using funds donated by an entity described in subsection
(a) of this section.
``(2) Exception.--Notwithstanding paragraph (1), the term
`applicable electioneering communication' does not include a
communication by an organization described in section 501(c)(4)
of the Internal Revenue Code of 1986 or a political
organization (as defined in section 527(e)(1) of such Code)
made under section 304(d)(2) (E) or (F) of this Act if the
communication is paid for exclusively by funds provided
directly by individuals. For purposes of the preceding
sentence, the term `provided directly by individuals' does not
include funds the source of which is an entity described in
subsection (a) of this section.
``(3) Special operating rules.--For purposes of paragraph
(1), the following rules shall apply:
``(A) An electioneering communication shall be
treated as made by an entity described in subsection
(a) if--
``(i) an entity described in subsection (a)
directly or indirectly disburses any amount for
any of the costs of the communication; or
``(ii) any amount is disbursed for the
communication by a corporation or labor
organization or a State or local political
party or committee thereof that receives
anything of value from an entity described in
subsection (a), except that this clause shall not apply to any
communication the costs of which are defrayed entirely out of a
segregated account to which only individuals can contribute, as
described in section 304(d)(2)(E).
``(B) A section 501(c)(4) organization that derives
amounts from business activities or receives funds from
any entity described in subsection (a) shall be
considered to have paid for any communication out of
such amounts unless such organization paid for the
communication out of a segregated account to which only
individuals can contribute, as described in section
304(d)(2)(E).
``(4) Definitions and rules.--For purposes of this
subsection--
``(A) the term `section 501(c)(4) organization'
means--
``(i) an organization described in section
501(c)(4) of the Internal Revenue Code of 1986
and exempt from taxation under section 501(a)
of such Code; or
``(ii) an organization which has submitted
an application to the Internal Revenue Service
for determination of its status as an
organization described in clause (i); and
``(B) a person shall be treated as having made a
disbursement if the person has executed a contract to
make the disbursement.
``(5) Coordination with internal revenue code.--Nothing in
this subsection shall be construed to authorize an organization
exempt from taxation under section 501(a) of the Internal
Revenue Code of 1986 from carrying out any activity which is
prohibited under such Code.''.
Subtitle B--Independent and Coordinated Expenditures
SEC. 211. DEFINITION OF INDEPENDENT EXPENDITURE.
Section 301 of the Federal Election Campaign Act (2 U.S.C. 431) is
amended by striking paragraph (17) and inserting the following:
``(17) Independent expenditure.--The term `independent
expenditure' means an expenditure by a person--
``(A) expressly advocating the election or defeat
of a clearly identified candidate; and
``(B) that is not a coordinated activity with such
candidate or such candidate's agent or a person who has
engaged in coordinated activity with such candidate or
such candidate's agent.''.
SEC. 212. REPORTING REQUIREMENTS FOR CERTAIN INDEPENDENT EXPENDITURES.
Section 304 of the Federal Election Campaign Act of 1971 (2 U.S.C.
434) (as amended by section 201) is amended--
(1) in subsection (c)(2), by striking the undesignated
matter after subparagraph (C); and
(2) by adding at the end the following:
``(e) Time for Reporting Certain Expenditures.--
``(1) Expenditures aggregating $1,000.--
``(A) Initial report.--A person (including a
political committee) that makes or contracts to make
independent expenditures aggregating $1,000 or more
after the 20th day, but more than 24 hours, before the
date of an election shall file a report describing the
expenditures within 24 hours after that amount of
independent expenditures has been made.
``(B) Additional reports.--After a person files a
report under subparagraph (A), the person shall file an
additional report within 24 hours after each time the
person makes or contracts to make independent
expenditures aggregating an additional $1,000 with
respect to the same election as that to which the
initial report relates.
``(2) Expenditures aggregating $10,000.--
``(A) Initial report.--A person (including a
political committee) that makes or contracts to make
independent expenditures aggregating $10,000 or more at
any time up to and including the 20th day before the
date of an election shall file a report describing the
expenditures within 48 hours after that amount of
independent expenditures has been made.
``(B) Additional reports.--After a person files a
report under subparagraph (A), the person shall file an
additional report within 48 hours after each time the
person makes or contracts to make independent
expenditures aggregating an additional $10,000 with
respect to the same election as that to which the
initial report relates.
``(3) Place of filing; contents.--A report under this
subsection--
``(A) shall be filed with the Commission; and
``(B) shall contain the information required by
subsection (b)(6)(B)(iii), including the name of each
candidate whom an expenditure is intended to support or
oppose.''.
SEC. 213. INDEPENDENT VERSUS COORDINATED EXPENDITURES BY PARTY.
Section 315(d) of the Federal Election Campaign Act (2 U.S.C.
441a(d)) is amended--
(1) in paragraph (1), by striking ``and (3)'' and inserting
``, (3), and (4)''; and
(2) by adding at the end the following:
``(4) Independent versus coordinated expenditures by
party.--
``(A) In general.--On or after the date on which a
political party nominates a candidate, a committee of
the political party shall not make both expenditures
under this subsection and independent expenditures (as
defined in section 301(17)) with respect to the
candidate during the election cycle.
``(B) Certification.--Before making a coordinated
expenditure under this subsection with respect to a
candidate, a committee of a political party shall file
with the Commission a certification, signed by the
treasurer of the committee, that the committee, on or
after the date described in subparagraph (A), has not
and shall not make any independent expenditure with
respect to the candidate during the same election
cycle.
``(C) Application.--For purposes of this paragraph,
all political committees established and maintained by
a national political party (including all congressional
campaign committees) and all political committees
established and maintained by a State political party
(including any subordinate committee of a State
committee) shall be considered to be a single political
committee.
``(D) Transfers.--A committee of a political party
that submits a certification under subparagraph (B)
with respect to a candidate shall not, during an
election cycle, transfer any funds to, assign authority
to make coordinated expenditures under this subsection
to, or receive a transfer of funds from, a committee of
the political party that has made or intends to make an
independent expenditure with respect to the
candidate.''.
SEC. 214. COORDINATION WITH CANDIDATES.
(a) Definition of Coordination With Candidates.--
(1) Section 301(8).--Section 301(8) of the Federal Election
Campaign Act of 1971 (2 U.S.C. 431(8)) is amended--
(A) in subparagraph (A)--
(i) by striking ``or'' at the end of clause
(i);
(ii) by striking the period at the end of
clause (ii) and inserting ``; or''; and
(iii) by adding at the end the following:
``(iii) coordinated activity (as defined in
subparagraph (C)).''; and
(B) by adding at the end the following:
``(C) `Coordinated activity' means anything of
value provided by a person in connection with a Federal
candidate's election who is or previously has been
within the same election cycle acting in coordination
with that candidate, or an agent of that candidate on
any campaign activity in connection with a Federal
election in which such candidate seeks nomination or
election to Federal office (regardless of whether the
value being provided is in the form of a communication
that expressly advocates a vote for or against a
candidate) and includes any of the following:
``(i) A payment made by a person in
cooperation, consultation, or concert with, at
the request or suggestion of, or pursuant to
any general or particular understanding with a
candidate, the candidate's authorized
committee, the political party of the
candidate, or an agent acting on behalf of a
candidate, authorized committee, or the
political party of the candidate.
``(ii) A payment made by a person for the
production, dissemination, distribution, or
republication, in whole or in part, of any
broadcast or any written, graphic, or other
form of campaign material prepared by a
candidate, a candidate's authorized committee,
or an agent of a candidate or authorized
committee (not including a communication
described in paragraph (9)(B)(i) or a
communication that expressly advocates the
candidate's defeat), except materials published on a candidate's
website and republished at a cost of less than $1,000.
``(iii) A payment made by a person if, in
the same election cycle in which the payment is
made, the person making the payment--
``(I) is serving or previously has
served as--
``(a) an employee;
``(b) a fundraiser; or
``(c) an agent of the
candidate or the candidate's
authorized committee in an
executive or policymaking
capacity; or
``(II) has previously participated
in discussions (other than on an
incidental basis) that have been--
``(a) with the candidate,
an agent of the candidate or
the candidate's authorized
committee, or with a political
party that is coordinating with
the candidate; and
``(b) about the candidate's
campaign strategy and tactics,
including a discussion about
advertising, message,
allocation of resources,
fundraising, or campaign
operations.
``(iv) A payment made by a person if, in
the same election cycle, the person making the
payment retains the professional services of
any person who has provided those services in
the same election cycle to a candidate
(including services provided through a
political committee of the candidate's
political party) in connection with the
candidate's pursuit of nomination for election,
or election, to Federal office, including
services relating to the candidate's decision
to seek Federal office, and the person retained
is retained to work on activities relating to
that candidate's campaign.
``(D) For purposes of subparagraph (C), the term
`professional services' means polling, media advice,
fundraising, campaign research, political advice, or
direct mail services (except for mailhouse services) in
support of a candidate's pursuit of nomination for
election, or election, to Federal office.
``(E) For purposes of subparagraph (C), 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.
``(F) Coordination by a political party.--When a
political party committee makes any expenditure that
refers to a clearly identified candidate of that party,
or to the opponent of a candidate of that party, in
connection with a Federal election, regardless of
whether the communication expressly advocates a vote
for or against the candidate, the expenditure is deemed
to be made in coordination with the candidate of that
party, unless the party certifies under penalty of
perjury that there has been no coordination by the
party.''.
(2) Section 315(a)(7).--Section 315(a)(7) (2 U.S.C.
441a(a)(7)) is amended by striking subparagraph (B) and
inserting the following:
``(B) a coordinated activity, as described in
section 301(8)(C), shall be considered to be a
contribution to the candidate and an expenditure by the
candidate.''.
(b) Meaning of Contribution or Expenditure for the Purposes of
Section 316.--Section 316(b)(2) of the Federal Election Campaign Act of
1971 (2 U.S.C. 441b(b)(2)) is amended by striking ``shall include'' and
inserting ``includes a contribution or expenditure, as those terms are
defined in section 301, and also includes''.
TITLE III--MISCELLANEOUS
SEC. 301. USE OF CONTRIBUTED AMOUNTS FOR CERTAIN PURPOSES.
Title III of the Federal Election Campaign Act of 1971 (2 U.S.C.
431 et seq.) is amended by striking section 313 and inserting the
following:
``SEC. 313. USE OF CONTRIBUTED AMOUNTS FOR CERTAIN PURPOSES.
``(a) Permitted Uses.--A contribution accepted by a candidate, and
any other amount received by an individual as support for activities of
the individual as a holder of Federal office, may be used by the
candidate or individual--
``(1) for expenditures in connection with the campaign for
Federal office of the candidate or individual;
``(2) for ordinary and necessary expenses incurred in
connection with duties of the individual as a holder of Federal
office;
``(3) for contributions to an organization described in
section 170(c) of the Internal Revenue Code of 1986; or
``(4) for transfers to a national, State, or local
committee of a political party.
``(b) Prohibited Use.--
``(1) In general.--A contribution or amount described in
subsection (a) shall not be converted by any person to personal
use.
``(2) Conversion.--For the purposes of paragraph (1), a
contribution or amount shall be considered to be converted to
personal use if the contribution or amount is used to fulfill
any commitment, obligation, or expense of a person that would
exist irrespective of the candidate's election campaign or
individual's duties as a holder of Federal office, including--
``(A) a home mortgage, rent, or utility payment;
``(B) a clothing purchase;
``(C) a noncampaign-related automobile expense;
``(D) a country club membership;
``(E) a vacation or other noncampaign-related trip;
``(F) a household food item;
``(G) a tuition payment;
``(H) admission to a sporting event, concert,
theater, or other form of entertainment not associated
with an election campaign; and
``(I) dues, fees, and other payments to a health
club or recreational facility.''.
SEC. 302. PROHIBITION OF FUNDRAISING ON FEDERAL PROPERTY.
Section 607 of title 18, United States Code, is amended--
(1) by striking subsection (a) and inserting the following:
``(a) Prohibition.--
``(1) In general.--It shall be unlawful for any person to
solicit or receive a donation of money or other thing of value
in connection with a Federal, State, or local election from a
person who is located in a room or building occupied in the
discharge of official duties by an officer or employee of the
United States. It shall be unlawful for an individual who is an
officer or employee of the Federal Government, including
the President, Vice President, and Members of Congress, to solicit a
donation of money or other thing of value in connection with a Federal,
State, or local election, while in any room or building occupied in the
discharge of official duties by an officer or employee of the United
States, from any person.
``(2) Penalty.--A person who violates this section shall be
fined not more than $5,000, imprisoned more than 3 years, or
both.''; and
(2) in subsection (b), by inserting ``or Executive Office
of the President'' after ``Congress'' .
SEC. 303. STRENGTHENING FOREIGN MONEY BAN.
Section 319 of the Federal Election Campaign Act of 1971 (2 U.S.C.
441e) is amended--
(1) by striking the heading and inserting the following:
``contributions and donations by foreign nationals''; and
(2) by striking subsection (a) and inserting the following:
``(a) Prohibition.--It shall be unlawful for--
``(1) a foreign national, directly or indirectly, to make--
``(A) a donation of money or other thing of value,
or to make an express or implied promise to make a
donation, in connection with a Federal, State, or local
election; or
``(B) a contribution or donation to a committee of
a political party; or
``(2) for a person to solicit, accept, or receive such
contribution or donation from a foreign national.''.
SEC. 304. CODIFICATION OF BECK DECISION.
Section 8 of the National Labor Relations Act (29 U.S.C. 158) is
amended by adding at the end the following:
``(h) Nonunion Member Payments to Labor Organization.--
``(1) In general.--It shall be an unfair labor practice for
any labor organization which receives a payment from an
employee pursuant to an agreement that requires employees who
are not members of the organization to make payments to such
organization in lieu of organization dues or fees not to
establish and implement the objection procedure described in
paragraph (2).
``(2) Objection procedure.--The objection procedure
required under paragraph (1) shall meet the following
requirements:
``(A) The labor organization shall annually provide
to employees who are covered by such agreement but are
not members of the organization--
``(i) reasonable personal notice of the
objection procedure, the employees eligible to
invoke the procedure, and the time, place, and
manner for filing an objection; and
``(ii) reasonable opportunity to file an
objection to paying for organization
expenditures supporting political activities
unrelated to collective bargaining, including
but not limited to the opportunity to file such
objection by mail.
``(B) If an employee who is not a member of the
labor organization files an objection under the
procedure in subparagraph (A), such organization
shall--
``(i) reduce the payments in lieu of
organization dues or fees by such employee by
an amount which reasonably reflects the ratio
that the organization's expenditures supporting
political activities unrelated to collective
bargaining bears to such organization's total
expenditures; and
``(ii) provide such employee with a
reasonable explanation of the organization's
calculation of such reduction, including
calculating the amount of organization
expenditures supporting political activities
unrelated to collective bargaining.
``(3) Definition.--In this subsection, the term
`expenditures supporting political activities unrelated to
collective bargaining' means expenditures in connection with a
Federal, State, or local election or in connection with efforts
to influence legislation unrelated to collective bargaining.''.
TITLE IV--SEVERABILITY; EFFECTIVE DATE
SEC. 401. SEVERABILITY.
If any provision of this Act or amendment made by this Act, or the
application of a provision or amendment to any person or circumstance,
is held to be unconstitutional, the remainder of this Act and
amendments made by this Act, and the application of the provisions and
amendment to any person or circumstance, shall not be affected by the
holding.
SEC. 402. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect 30
days after the date of its enactment.
BIPARTISAN CAMPAIGN FINANCE REFORM ACT OF 1999
The House in Committee of the Whole House on the State of the Union had under consideration the bill (H.R. 417) to amend the Federal Election Campaign Act of 1971 to reform the financing of campaigns for elections for Federal office, and for other purposes:______ speech of HON. ROBERT A. BORSKI of pennsylvania in the house of representatives Tuesday, September 14, 1999 Mr. BORSKI: Mr. Chairman, I rise in strong support of the Shays-Meehan Campaign Finance Reform Act and urge my colleagues to vote against all "poison pill" amendments that will be offered today. I am proud to cosponsor this bipartisan legislation, which represents the best, real opportunity to reform our broken campaign finance system. The issue of campaign finance reform cuts to the essence of democracy. Our unique American political system will not survive without the participation of the average American citizen. Unfortunately, more and more Americans are dropping out--with each election, fewer Americans are voting. They are doing so because they no longer believe that their vote matters. As they see more and more money pouring into campaigns, they believe that their voice is being drowned out by wealthy special interests. Despite the cynicism of the American public, Congress has failed to enact significant campaign finance reform legislation since 1974. In that year, in the wake of the Watergate Scandal, Congress imposed tough spending limits on direct, "hard money" contributions to candidates. Unfortunately, no one at that time forsaw how two loopholes in the law would lead to a gross corruption of our political system. The first loophole is "soft" money--the unregulated and unlimited contributions to the political parties from corporations, labor unions, or wealthy individuals. "Soft" money allows wealthy special interests to skirt around "hard" money limits and dump unlimited sums of money into a campaign. During the 1996 election cycle, approximately 30 percent of all large federal contributions came in the form of soft money to political parties. Both parties raised soft money at a 75 percent higher rate than four years ago. For the 2000 elections, it is estimated that soft money spending will exceed $500 million--more than double the total for the 1996 elections. Soft money is used to finance the second loophole in campaign finance law: sham issue advertisements. This loophole allows special interests to spend huge sums of money on campaign ads advocating either the defeat or election of a candidate. As long as these ads do not use the magic words "vote for" or "vote against" they are deemed "issue advocacy" under current law and therefore not subject to campaign spending limits or disclosure requirements. During the 1996 elections, the television and radio airwaves were flooded with these sham issue ads--many of which were negative attack ads. Americans who see or here these ads have no idea who pays for them because no disclosure is required. They drown out the voice of the average American citizen, and even sometimes of the candidates themselves. Without reform, we can certain expect a huge increase in these sham issue ads. The Shays-Meehan bill begins to restore public confidence in our electoral system by closing these two egregious loopholes. The bill bans all contributions of soft money to federal campaigns. Specifically, it bans national party committees from soliciting, receiving, directing or spending soft money. The bill also prohibits state and local parties from spending soft money on federal election activity. In an effort to ban campaign advertisements that masquerade is "issue advocacy," Shays-Meehan tightens the definition of "express advocacy" communications. Under the bill, any ad that is clearly designed to influence an election is deemed "express advocacy" and must therefore abide by federal contribution and expenditure limits and disclosure requirements. Shays-Meehan includes well crafted language that specifically exempts legitimate voter guides from the definition of "express advocacy." The Shays-Meehan bill would not prevent public organizations from running advertisements, but it would ensure that ads clearly designed to influence an election are regulated under federal law. We have laws clearly designed to regulate and disclose campaign donations and expenditures, and no one should be allowed to evade them. Shays-Meehan would ensure that everyone involved in influencing elections plays by the same rules. Opponents have argued that the Shays-Meehan bill undermines the First Amendment right of free speech. However, the Supreme Court has ruled that Congress has a broad ability to protect the political process from corruption and the appearance of corruption. It has upheld as constitutional the ability to limit contributions by individuals and political committees to candidates. The Supreme Court has also clearly permitted Congress to distinguish between issue advocacy on the one hand, and electioneering or "express advocacy" on the other. The Meehan-Shays proposal will not cure our campaign finance system of all its evils--and I certainly support more far reaching restrictions on campaign contributions and expenditures. However, the bill will take a modest but significant first step toward restoring integrity in our political system. It will limit the influence of wealthy special interests and help to restore the voice of average American citizens in our political process. In short, enactment of this legislation is essential to the survival of American democracy.
By Mr. SHAYS (for himself and Mr. Meehan): H.R. 2356. A bill to amend the Federal Election Campaign Act of 1971 to provide bipartisan campaign reform; to the Committee on House Administration, and in addition to the Committees on Energy and Commerce, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. PROVIDING FOR CONSIDERATION OF H.R. 2356, BIPARTISAN CAMPAIGN REFORM ACT OF 2001
Mr. REYNOLDS: Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 188 and ask for its immediate consideration. The Clerk read the resolution, as follows:
H. Res. 188 Resolved, That at any time after the adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for consideration of the bill (H.R. 2356) to amend the Federal Election Campaign Act of 1971 to provide bipartisan campaign reform. The first reading of the bill shall be dispensed with. All points of order against consideration of the bill are waived. General debate shall be confined to the bill and shall not exceed one hour equally divided and controlled by the chairman and ranking minority member of the Committee on House Administration. After general debate the bill shall be considered for amendment under the five-minute rule. The bill shall be considered as read. No amendment to the bill shall be in order except those printed in the report of the Committee on Rules accompanying this resolution. Each amendment 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. All points of order against the amendments printed in the report are waived. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill to the House with such amendments as may have been adopted. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions. Sec. 2. After passage of H.R. 2356, it shall be in order to consider in the House S. 27. All points of order against the Senate bill and against its consideration are waived. It shall be in order to move to strike all after the enacting clause of the Senate bill and to insert in lieu thereof the provisions of H.R. 2356 as passed by the House. All points of order against that motion are waived. If the motion is adopted and the Senate bill, as amended, is passed, then it shall be in order to move that the House insist on its amendment to S. 27 and request a conference with the Senate thereon. The SPEAKER pro tempore (Mr. LaTourette): The gentleman from New York (Mr. Reynolds) is recognized for 1 hour. Mr. REYNOLDS: Mr. Speaker, for the purpose of debate only, I yield the customary 30 minutes to the gentleman from Texas (Mr. Frost), the ranking member of the Committee on Rules, pending which I yield myself such time as I may consume. During consideration of this resolution, all time yielded is for the purpose of debate only. Mr. Speaker, House Resolution 188 is a fair, structured rule that provides for the consideration of H.R. 2356, the Bipartisan Campaign Reform Act of 2001. I would like to point out that this is not an unorthodox rule; rather, this rule is what is known as "regular order." The rule provides for 1 hour of general debate to be equally divided between the chairman and the ranking minority member of the Committee on House Administration. The rule makes in order 20 amendments that were printed in the report accompanying the resolution. In addition to the full consideration of these amendments, the rule makes in order two substitutes, one offered by the gentleman from California (Mr. Doolittle), which is debatable for 30 minutes, and the other offered by the gentleman from Ohio (Mr. Ney) and the gentleman from Maryland (Mr. Wynn), which is debatable for 60 minutes. The rule waives all points of order against consideration of the bill, as well as all points of order against the amendments. After passage of H.R. 2356, the rule provides that it shall be in order to consider in the House Senate 27. It 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 provisions of H.R. 2356 as passed by the House. Furthermore, the rule waives all points of order against the motion to strike and insert. Additionally, 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. Finally, the rule provides one motion to recommit, with or without instructions. Mr. Speaker, before we begin what is certain to be a very passionate debate, I would first like to commend the gentleman from Illinois (Mr. Hastert), the Speaker of the House, on his efforts to bring this issue before us today. The Speaker pledged a fair, open, and timely debate on this measure and, as has been the hallmark of his leadership, today has made good on that commitment. I would also like to acknowledge the great strides that have been made to ensure that this rule be made as fair as possible and to ensure a healthy debate on this important issue. As this rule was developed, the committee honored numerous requests from the gentleman from Connecticut to ensure a proper and complete debate. In short, we are here today because the Speaker has facilitated a fair and open process. Additionally, I would like to commend the gentleman from Ohio (Mr. Ney), the chairman of the Committee on House Administration, for his fair bipartisan handling of this matter. The willingness of both the gentleman from Ohio (Mr. Ney) and the gentleman from Illinois (Mr. Hastert) to accommodate all parties involved by supporting alternative measures and open debate is a true testament to their leadership on this measure. I thank both the gentlemen. Mr. Speaker, I have had the unique opportunity to hear testimony on this issue from all sides, both as a member of the Committee on House Administration and as a member of the Committee on Rules. I have witnessed firsthand the process that has brought us to this day, and I stand here before my colleagues proud of both the process and the rule. Mr. Speaker, when we peel back the layers of debate on the issue before us today, when we remove the emotion and the hyperbole, when we separate the rhetoric from the reality, there is a fundamental question before this Congress today: how far will this Congress go in restricting the rights of the American people, whether individually or collectively, to participate in their political process? It is ironic that as this Congress and this country have achieved so much economically and socially by breaking down government regulation and intrusion, there are those who would have us impose excessive restrictions and undue burdens on the most basic of all human rights: the right of free speech. That we can improve our current campaign finance system is something upon which we can all agree, but to do so by destroying the very fabric of this Nation's political system is not an improvement, nor is it reform. There are a number of important issues that we face in our shared desire to improve and reform campaign finance in these United States. Most important, we must ensure that we encourage rather than stifle citizen involvement in their political process. The freedom to express one's views in the form of political speech is one of the inherent rights that this Nation was founded upon. Government restrictions which would limit that speech strike at the very core of our rights and liberties as Americans. We should recognize, too, the freedom of political parties to encourage voter enrollment and participation. A vibrant party system has been and must continue to promote the free flow of ideas and debate that have shaped this Nation over the past 225 years. By definition, Webster's dictionary says that "reform" means "to make or become better." What we do today must ensure that our campaign finance system does become better, and it can only become better if we recognize that curbing expensive campaigns should not come at the expense of political liberties. That is why I urge support of this rule and the support of the Ney-Wynn bill. While neither the Shays-Meehan nor the Ney-Wynn bill bans so-called "soft money," Ney-Wynn at least ensures that such expenditures are used for party activities such as voter registration, getting out the vote, overhead, and fund-raising expenses. Such a provision will ensure that candidates cannot circumvent set limits, while ensuring a continued vibrant party system. Ney-Wynn also contains broader reporting requirements. People have a right to know who is supporting candidates for political office, and under the Ney-Wynn bill they will have that information quickly and completely. Further, Ney-Wynn does more to restrict the influences of special interest groups. Political parties will be restricted from fund-raising and spending soft money while special interests would still be allowed to spend funds in virtually unlimited amounts, increasing, rather than curtailing, their influence over the electoral process. Mr. Speaker, there is a solid reason why the Ney-Wynn bill has enjoyed a growing bipartisan support over these past few weeks. That is because it is better, more responsible legislation that, as Webster defines, reforms our campaign finance system by making it better. Mr. Speaker, let me once again remind my colleagues that our business here today is being conducted under regular order. This fair, standard rule is before this body because of the tireless efforts of both the gentleman from Illinois (Speaker Hastert) and the gentleman from Ohio (Chairman Ney). Let us proceed with open debate on both the bill and its amendment. I urge my colleagues to support this rule. Mr. Speaker, I reserve the balance of my time. Mr. FROST: Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, the Republican leadership has brought us a rule that is the height of cynical political maneuvering, and the rule itself is, quite frankly, one of the most stupid proposals I have seen in my 23 years in this institution. I want to look at the cynical maneuvering, first. We all know that the Republican leadership wants to defeat Shays-Meehan. There are, of course, Democrats who have some reservations about Shays-Meehan also, but these Democrats also believe in fundamental fairness, and that Shays-Meehan should have a clean, legitimate shot on the floor. The Republican leadership has written a rule that everyone knows may well lose. If we assume that this rule is about cynicism, then what the Republican leadership has done is to present a rule to the House that they know will fail, and then they will refuse to reconvene the Committee on Rules to draft another rule. They will refuse to schedule campaign finance reform for debate and simply explain it away by saying campaign finance reform is dead because the House refused to pass a rule to bring it up. This is, of course, the equivalent of killing your parents and then throwing yourself on the mercy of the court because you are an orphan. Why do I say that this rule is likely to lose? Experience. It is a repeat of a rule that the then Democratic leadership fashioned in 1981 during the debate on the first Reagan budget. In 1981, the Democratic leadership refused to give the Republican alternative, the now infamous Gramm-Latta substitute, a straight up-or-down vote. Rather, the Democratic leadership broke Gramm-Latta into pieces, requiring a series of votes on its provisions, thinking that that was the way to kill it. Well, surprise, that rule was rejected by the House. Let me repeat, the House rejected that rule as fundamentally unfair to the minority. Now, 20 years later, the Republican leadership has constructed a rule that divides Shays-Meehan into 13 separate amendments. Sound familiar? Maybe not, because no one in the current Republican leadership was in Congress in 1981. But I find it hard to believe they and their staff can be totally ignorant of history, and that they all have to know that there is a very good chance this rule will be defeated. Mr. Speaker, one might have to conclude that this is a cynical way to go about achieving their real objective, which is, of course, to kill Shays-Meehan. Let us look at how incredibly dumb this rule is. It seems to have been written in such a way as to help the strategic objective of killing Shays-Meehan. I would suggest the way this rule is written that it might have the exact opposite effect. There are a number of Members on both sides of the aisle who have legitimate and sincere concerns about Shays-Meehan. In the event this rule actually passes, the heavy-handed and cynical maneuvering on the part of the Republican leadership may well drive some of the opponents of Shays-Meehan right into the Shays-Meehan camp. If that is the case, then the Republican leadership will have orchestrated their own defeat, the proverbial snatching of defeat from the jaws of victory. There are legitimate issues involved in a discussion of the merits of the two main alternatives, Shays-Meehan and Ney-Wynn. I, for one, am concerned that the absolute prohibition in Shays-Meehan on the right of Members of Congress to raise non-Federal funds for State and local political parties to conduct voter registration and get-out-the-vote activities will weaken the political process and neuter Members of Congress. Members will not be able to play a meaningful role in voter turnout efforts in their home districts, and will become largely irrelevant to their own political parties. The Ney-Wynn bill does not contain this provision, and it is important for Members to think very carefully about this issue if we get to the point where we might actually vote on the legislation. However, because of this incredibly dumb rule and the cynical maneuvering on the part of the Republican leadership, we may never get to that point. On the other hand, if this rule is, by some chance, passed, the debate on this issue will be in such a highly charged atmosphere that it may well be impossible to have a rational discussion on the fundamental issues involved. This will be a sad day for the democratic process in this institution and in this country. Mr. Speaker, this rule should be defeated. The Republican leadership needs to be shamed into bringing back a new rule that is fair to the House, fair to the proponents of both bills, and fair to the American people. Mr. Speaker, I reserve the balance of my time. Mr. REYNOLDS: Mr. Speaker, I yield 2 minutes to the gentleman from Texas (Mr. Sessions). Mr. SESSIONS: Mr. Speaker, I thank the gentleman for yielding time to me. Mr. Speaker, I have not been in Congress for 22 years, like the gentleman from Texas, but I do know the difference between right and wrong. I think the gentleman from Texas (Mr. Frost) knows the difference between right and wrong. What we recognize about this rule is that this is an honest up-or- down vote. Yesterday in the Committee on Rules the gentleman from Connecticut (Mr. Shays) asked for his bill, and got what he asked for. He received it. That was his bill. We did not gut the bill. We are not putting any amendments against the bill. He gets his bill exactly the way that he said in the Committee on Rules he wanted it. He gets all 12 or 13 amendments. Where I come from in Texas, you vote for what you are for and you vote against what you do not like. The fact of the matter is that this is an honest attempt to give our colleague, who is a Republican, the gentleman from Connecticut (Mr. Shays), exactly what he asked for in the Committee on Rules. We are not hiding anything. We are not making it more difficult. We are simply giving him exactly what he wanted. I have lots of legislation on which I would love to have the same opportunity that we are extending to our colleague. The fact of the matter is that in the Committee on Rules, it was the Democrats who sit on the Committee on Rules that did the beating up of the gentleman from Connecticut (Mr. Shays), that did the beating up of Shays-Meehan. They said that it had virtually no reason to be on the floor of the House of Representatives. It has no reason to take the time that we are spending on it. The Republican leadership, not only the gentleman from Illinois (Speaker Hastert) and the gentlemen from Texas, Mr. Armey and Mr. DeLay, but also our committee chairman, the gentleman from California (Mr. Dreier), have taken the time to schedule this vote to give the gentleman from Connecticut (Mr. Shays) exactly what he asked for yesterday, and to make sure we have a full debate. I think it is not only fair and honest, but it is the right thing to do for our colleagues. Mr. FROST: Mr. Speaker, I yield 3 minutes to the gentleman from Maryland (Mr. Hoyer). Mr. HOYER: Mr. Speaker, I thank my colleague for yielding time to me. I am the ranking member of the Committee on House Administration. As such, I participated in the markup of these two pieces of legislation, the Shays-Meehan legislation, which has in the past had 252 votes each time it was offered for passage on the floor of this House, and the Ney-Wynn bill, which is a new bill. Mr. Speaker, I beg to differ with my friend, the gentleman from Texas (Mr. Sessions). At the markup, which was held on June 28, it was my understanding, and I believe the understanding of the gentleman from Connecticut (Mr. Shays) and the gentleman from Massachusetts (Mr. Meehan), that the gentleman from Ohio (Mr. Ney), the gentleman from Connecticut (Mr. Shays), and the gentleman from Massachusetts (Mr. Meehan) would have the opportunity, between June 28 and yesterday, to perfect their legislation, to present that perfected legislation to the Committee on Rules, and to have those pieces of legislation presented to the floor for consideration with such further amendments as others might have. Mr. Speaker, I believe that was our understanding. I tell my friend, the gentleman from Texas, as a result, I did not offer any amendment. The gentleman from Ohio (Mr. Ney) nor any other Member offered any amendments. Why? Because it was the understanding of all 10 of us, in my opinion, that the bills would be perfected in the 10 days between June 28 and July 8 or 9 or 10. That was not done. What the gentleman suggests is a fair process is to divide up into 14 different sections the perfections of the gentleman from Connecticut (Mr. Shays) and the gentleman from Massachusetts (Mr. Meehan) sought, and therefore try to fight each one of those 14 different times. I frankly think that is not fair. Why is it not fair? Because, as the gentleman from Texas, the ranking member of the Committee on Rules, has put forward, it is a rule which does not comport with what the gentleman from Connecticut (Mr. Shays) and the gentleman from Massachusetts (Mr. Meehan) want to offer as their base bill. Mr. Speaker, on the substance of this, the American public in my opinion is very concerned about the amount of money in politics. Rightly or wrongly, and I cast aspersions on no one in this House, rightly or wrongly, the American public believes that the gargantuan amounts of money that flow into Washington, into State Capitals, into local county seats as political contributions, hard or soft money, and that is a somewhat esoteric distinction that the public does not make, but it is an important one, because one is limited and one is not, they believe this is an important issue. They want to see it considered on its merits, not by procedural dissection, which is essentially what has occurred here. Mr. REYNOLDS: Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, there seems to be a little bit of blurry history or rewriting history. I certainly was not here in 1981, as my colleague, the gentleman from Texas (Mr. Sessions) was not, either. But as I recall, there was a minority substitute to a majority bill that the rule affected that the leadership lost, and the minority had a victorious day. In those days, the Republicans were the minority. But when we look at today, I have been here today in both the Committee on House Administration and on the Committee on Rules. It was my understanding that on Wednesday evening, at the insistence of the sponsor of Shays-Meehan that we hold a markup before the July district work period, that was scheduled for Thursday before we left. On Wednesday at 8 p.m. it was agreed upon by both the gentleman from Ohio (Mr. Ney), who had to produce his bill, and the gentleman from Connecticut (Mr. Shays) that he would produce his bill, and at 8 o'clock we would have the bill so the House, the entire House, 435 Members, would have the opportunity to learn what was in both bills. That was because the Shays-Meehan bill that I knew as a State legislator watching the debate of this great body is now so much different than it was back then. I am a fan of the 1957 T-Bird. It changed so much in the sixties, when I owned a sixties T-Bird, and in the seventies, in the eighties, and in the nineties, so the T-Bird today that is made reference to no longer looks like the 1957 Thunderbird. So you would have to be clarifying exactly what year of Thunderbirds you were referring to if you were an admirer. In Shays-Meehan, this bill before us today is nothing like the Shays- Meehan bill that was constructed years ago and has been debated in this House in previous years. It is substantially different. On the Committee on Rules, I have the opportunity to see managers' technical amendments on a frequent occasion. This bill, when we look at what happened with the Committee on Rules, we granted every single request, 12, of the Shays-Meehan bill. Whether they were technical or they were absolute critical changes that were made in the bill that would not be classified a manager's amendment, we gave it to the Shays- Meehan request. Just as the Speaker said today, this week, we will have the debate on Shays-Meehan and any other amendments on campaign finance reform. It is here today. So the bill introduced by the gentleman from Connecticut (Mr. Shays) and the gentleman from Massachusetts (Mr. Meehan) reported by the Committee on House Administration will be debated in its entirety. As a matter of fact, they filed after the deadline, 4\1/2\ hours late, these 12 amendments, which were actually put in the rule so they could be debated today in its entirety. However, when we begin to look at special privileges for any Members, that becomes a political concept of what the Committee on Rules is, in fairness. The gentleman from Connecticut (Mr. Shays) is not the manager of the campaign finance bill, it is the gentleman from Ohio (Mr. Ney), the Chair of the Committee on House Administration. The en bloc amendment has been inaccurately referred to as the manager's amendment. The fact is that the gentleman from Ohio (Chairman Ney) is the manager of this legislation, so the amendment requested by the gentleman from Connecticut (Mr. Shays) and the gentleman from Massachusetts (Mr. Meehan) is not a manager's amendment. Anyway, whether one is a freshman, a sophomore, as I, or a junior member of the Committee on Rules on the majority side, as its most senior Members know, an en bloc amendment has been inaccurately referred to as a manager's amendment in this legislation, and that an amendment en bloc is a clustering of individual amendments. Mr. Speaker, each and every amendment requested by Shays-Meehan is in this rule, to be debated openly and fairly in this House. Mr. Speaker, I yield 2 minutes to the gentlewoman from Ohio (Ms. Pryce), from the Committee on Rules. Ms. PRYCE of Ohio: Mr. Speaker, I thank the gentleman for yielding time to me. Mr. Speaker, the work of the Committee on Rules is never done. We work hard and we work late into the evening trying to fine-tune some of the most controversial issues that this House ever faces. And, indeed, that is exactly what we did last night. My friend, the gentleman from Connecticut (Mr. Shays), came to our committee and he made his presentation; and he was passionate, as he always is, because he believes in this. And to a large extent, I do as well. This has been his cause, and he has fought it very well. So I am very surprised today by all the fanfare over this manager's amendment, because the gentleman from Connecticut (Mr. Shays) did not even mention this manager's amendment in his presentation to the Committee on Rules until I brought it up. At that time he said, oh yes, and he explained it briefly, and left us on the committee with the distinct impression that as long as his provisions were included in some way, it was okay to divide it up. Indeed, his words were: "There are about 1, 2, 3, 4, 5, 6, 11, 12, 12 changes, one or two are technical, some are substantive, but this is an amendment that gets our bill in a form that we are most comfortable defending. And so, obviously, we like it. Some people have said you might like to divide them up into pieces; however, you decide." He told the Committee on Rules, you decide. And so we did. We felt that to divide this up and allow examination of these substantive changes was the right and fair thing to do. So for all of us who have worked so hard to get this bill here today, for everyone who has done so much, no matter where you stand on it, do not kill this rule. Today is the day. Have we not waited long enough? There is nothing unfair about this rule. And if it is defeated, I hope that this country understands who defeated it. Mr. FROST: Mr. Speaker, I yield 1 minute to the gentleman from Florida (Mr. Hastings), a member of the committee. Mr. HASTINGS of Florida: Mr. Speaker, I thank the gentleman for yielding me this time. It will be very clear that it will be the Republican majority that defeats the rule, if it does go down. Mr. Speaker, I rise today to oppose this silly rule. This rule provides the American people with a limited opportunity to debate this important issue. It is a rule that was written by the Republican leadership that fears the will of the American people to have an open and honest debate on campaign finance reform. If we are to maintain this institution's reputation as a representative body, then it is imperative that the American people have an opportunity to freely debate this issue here on the floor of the House. It appears the gentleman from New York (Mr. Reynolds) does not understand that when this bill is chopped up like it is, it will not have an up or a down vote, which I assure my colleagues, he is not in favor of. Mr. Speaker, I have another problem with today's debate. I want to know why we are even talking about campaign finance reform before we are talking about election reform. I would think that after last year's travesty of an election, in which it was discovered that thousands of Americans nationwide had their right to vote stripped from them, Congress would have acted by now. Mr. REYNOLDS: Mr. Speaker, I yield 2 minutes to the gentleman from Florida (Mr. Keller). Mr. KELLER: Mr. Speaker, I thank the gentleman for yielding me this time, and I rise today in support of the rule as well as in strong support of the need for a paycheck protection provision to the campaign finance reform bill, and I will tell my colleagues why. Banning soft money to the parties does not take the money out of politics, it only takes the money out of the parties. For example, currently a union such as the AFL-CIO can give $1 million to the Democratic party. The Democratic party will then turn around and run attack ads against Republicans like me that say, "Call Rick Keller and ask him why he is a bad guy." Well, if we ban the soft money to the party, we will still see the exact same TV attack ad on the air. The only difference will be the little disclaimer at the bottom of the screen which will now say, "Paid for by AFL-CIO," as opposed to, "Paid for by the Democratic party." Any attempts to ban these ads 60 days before an election is blatantly unconstitutional. That is why to be fair and balanced we must also couple the ban on soft money with a paycheck protection requirement that requires unions to get the written consent of their workers if they intend to use part of their union dues for political activities. This is critical because fully 40 percent of the union members nationwide are Republicans, yet nearly all of their $100 million per election year is spent by unions on behalf of liberal Democrats. This is blatantly unfair and one-sided. But I ask my colleagues not to take my word for it. Listen to what Thomas Jefferson, our third President and the author of the Declaration of Independence, had to say about this matter. In 1779, Thomas Jefferson wrote: "To compel a man to furnish contributions of money for the propagation of opinions which he disbelieves and abhors is sinful and tyrannical." Yet the American worker is forced to do just that. Finally, President Bush has repeatedly said that paycheck protection is an important component to any campaign finance reform bill. We should give the President a fair and balanced campaign finance reform bill that he can sign into law. I support the rule. Mr. FROST: Mr. Speaker, I yield 1 minute to the gentlewoman from Connecticut (Ms. DeLauro). Ms. DeLAURO: Mr. Speaker, today we have a historic opportunity to enact meaningful campaign finance reform. The Senate completed its work and passed a bill. The bipartisan Shays-Meehan measure has been twice passed by this House in previous Congresses. We are on the threshold of bringing real reform to a system that is out of control and overrun by big-monied interest. Yet here we are debating the merits of a procedural rule that can only be characterized as guaranteed to fail. It does not allow the Shays-Meehan bill to be considered as a coherent whole. It is disingenuous and unfair. This rule allows for 22 amendments designed to eviscerate the Shays- Meehan legislation; designed to kill the bill. Until we can get a clean up or down vote, we might as well tack up a "for sale" sign on all of our office doors. We need to question the overall strategy behind this rule. If Shays- Meehan does not get defeated on the floor, then the opponents have paved the way for it to die in conference with the Senate. I urge my colleagues to support genuine reform; that they not be afraid of real action. Restore integrity to our political process, restore America's faith in its political process. Defeat this rule. Support a clean vote on campaign finance reform. Mr. REYNOLDS: Mr. Speaker, I yield myself such time as I may consume. I have the unofficial comments made by my colleague, the gentleman from Connecticut (Mr. Shays), last night in the Committee on Rules, which I would like to just share with the House as we look at the rule, the debate of the rule, with the balance of the time we have left. The gentleman from Connecticut (Mr. Shays) said: "I just want people to have a fair and open debate on this process. Even if it disadvantage us if we have 200 amendments to go after our bill, I have always believed that the debate is healthy. I have always taken the position that we could be the substitute or the base bill, as long as ultimately you amend whatever is the base bill. "Obviously, if you take up the Ney bill and he takes us down, we lost. And then you amend the Ney bill. If we survive, then we amend our bill. I have always taken that basic view. "A vote for the Ney bill is a vote against our bill. And if he is the base bill and we replace him, then we amend our bill. I have always made that assumption. "This manager's amendment, as I referred to it, I reluctantly call it the manager's amendment, it sounds ostentatious. I am not sure I feel like a manager. But this is an amendment that gets our bill in a form that we are most comfortable defending. And so obviously we like it. Some people have said you might like to divide them up into pieces; however, you decide." Mr. Speaker, I reserve the balance of my time. Mr. FROST: Mr. Speaker, I yield 3 minutes to the gentleman from Massachusetts (Mr. Meehan). Mr. MEEHAN: Mr. Speaker, what we are talking about is not really about technicalities, though there is a manager's amendment that we should have been able to offer and, in fact, we will be able to offer, because this rule is going down if we do not get an up or down vote on campaign finance reform. But what this really is about are technicalities designed to kill a bill to end this soft money abuse. The United States Senate, in a historic vote, voted for a bill we have been working to preconference with Members of the other body. We have negotiated over a period of time and had a final product at 12 o'clock midnight on Tuesday. The Committee on Rules did not meet until Wednesday, sometime around 3 o'clock. We should have had the opportunity to present to the committee and have an up or down vote on the bill that we agreed to. But technicalities were being used to try to defeat campaign finance reform. There is a strong feel across America these unlimited amounts of money have to be curtailed. We cannot get a patient's bill of rights passed in this body because of the influence of soft money. We cannot get Medicare prescription drug coverage for seniors because $15.7 million in soft money are gumming up the works. It becomes difficult to get legislation passed to protect our environment when continually soft money has played a role in killing that legislation. So my colleagues can talk all the technicalities that they want. The fact of the matter is, my colleagues will either give us an en bloc amendment or we will defeat the rule. Because the American people want a vote on Shays-Meehan, and they want that bill to be similar enough to the bill passed in the other body so that we can avoid a conference committee, where legislation to reform our campaign finance laws have historically died, where the Patient's Bill of Rights died, where reasonable gun safety measures to protect America's children have died. We want to avoid that conference committee. So we have preconferenced this bill in an effort to build on the progress that was made in the other body, in an effort to work with Members in a bipartisan way in this body, Republican Members who are willing to take on this issue in a leadership role and a bulk of the Democrat party, to see to it we end this abuse of the soft money system. It is inexcusable to continue to fund political campaigns through unlimited amounts of money. I believe tonight, as soon as my colleagues acquiesce on this rule, we will be ready to begin that historic debate. Mr. REYNOLDS: Mr. Speaker, I yield myself such time as I may consume to comment that I am glad my colleague, the gentleman from Massachusetts (Mr. Meehan), addressed the group in the House today, because he was not at the Committee on Rules to present his case before us as we deliberated over the rule. Mr. Speaker, I yield such time as he may consume to the gentleman from Texas (Mr. Armey), the majority leader. Mr. ARMEY: Mr. Speaker, I thank the gentleman for yielding me this time. Mr. Speaker, this has been a very difficult couple of days. I have been working with the gentleman from Connecticut (Mr. Shays) on this matter for some time. Some time ago the gentleman from Connecticut, speaking on behalf of himself and his cosponsors, came to me and requested that they be given a fair shake on this, that they get a chance to have their bill heard and have it heard in a timely fashion. We have worked on that. Today is the time that the gentleman from Connecticut and others have agreed to. The gentleman from Connecticut came to me and said, I do not want anybody stacking the rule against me, I want to make sure it is a fair competition between my bill, which over 2 weeks ago he informed me was written. In fact, the gentleman came to me and exercised his frustration and impatience that the bill that the committee would put up was not yet written when his was already written and ready to go, and would I protect his bill so that he could have a straight up and down bill, as his bill was, and was written and was ready to go at least 2 weeks ago. We assured him that that would happen. He subsequently came back and said I want my bill as a base bill, not the committee mark. I do not want the conventional thing here, which is to put the committee's mark on as the base bill and have mine as a substitute. I want mine as the base bill, and let the committee's be a substitute. We agreed. We wanted to be fair. We gave him that special consideration. So his bill is the base bill. And, now, in the last few days, he has come before us and he said I want to amend my bill, and I have a demand that I have my amendment in the way I would like it. And he said, I have 14 different things I would like to do with this bill; 14 different amendments to this bill. Six of the 14 are provisions to strike all together provisions in his bill that was ready to go 2 weeks ago. Six provisions to strike. Now, what does he want to strike? What are those provisions? I think we ought to talk about it. Three of those were to clarify provisions that he had in his bill, that was ready to go 2 weeks ago. Let us go with it. But now we need time, in this 11th hour, to clarify. What are those three clarifications? What do they mean? I think we ought to know about that. Here is one, for example. What does this mean? It says he has one amendment that would increase 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. Is that soft money, or is that hard money? What individuals are we talking about? I think we ought to talk about that amendment. Our complaint is that I do not get these 14 amendments. Incidentally, I might mention, Mr. Speaker, 145 amendments were submitted to the Committee on Rules. The Committee on Rules accepted 20 amendments. Fourteen of the 20 amendments that were accepted were amendments of the gentleman from Connecticut (Mr. Shays). Here is a fellow who has gotten his bill that just 2 weeks ago was ready to go as the base bill, and now he needs 14 amendments to his own bill. When was the last time we saw anybody in this House come to the House with their bill and need 14 amendments to their own bill, 14 separate amendments to their bill? Also, if I do not get them, I am not being treated fair. I am a little concerned about that concept of fairness. Fourteen of the 20 were given to the author of the bill himself, to amend his own bill, that just 2 weeks ago was ready to go, 14 substantive amendments. What we have is a person who got the bill on the floor when he wanted it on the floor, got the bill that he wrote that was ready to go as the base bill ahead of consideration of the committee's bill, who has been given the opportunity to have 14 out of the 20 amendments made available to amend his own bill on the floor, who is now complaining that we are not being fair with this Committee on Rules. What more could the Rules Committee have done? Who else got that much consideration on any bill at any time? It is not fair. Then further, not being satisfied to just complain that the Committee on Rules is an unfair committee of our colleagues, we have an attack on the Speaker himself from the New York Times, not a disinterested party. The New York Times that knows very well their institutional influence over elections will be enhanced by the Shays-Meehan version of the bill more so than the committee mark. The New York Times says the Speaker balkanizes a bill he opposes against the sponsors' wishes, and he calls it an arrogant abuse of power. The Speaker has put the bill that was ready to go 2 weeks ago through the Rules Committee on the floor as a base bill. The Speaker has said we are going to allow 20 people to offer 20 amendments to that bill in a timely, orderly fashion. Fourteen of the 20 amendments are given to the author of the bill himself, Mr. Speaker. Mr. Speaker, let me spare myself this embarrassment. I pledge to you right now, should at any time ever in the future of my service in the Congress of the United States I have the honor and the privilege of having the Committee on Rules make my bill in order as the base bill, ahead of the committee's bill, I will not embarrass myself by asking for 16 amendments to rewrite my bill, and further insist that the 16 amendments be made together as one lump-sum amendment not to be examined, not to be dissected, not to be understood, not to be debated, but just an ad hoc rewrite at the moment on the floor. I will try to the very best of my ability, when I say my bill is ready to go, to be satisfied, to have my bill ready to go and not need to amend it with 16 amendments. To further save myself the embarrassment, Mr. Speaker, let me pledge right now that should at any time ever in the future of my life as a legislator I have a Committee on Rules that is generous enough to give me, out of 145 requests, 14 of the 20 requests that are honored as amendments to my own bill, I will save myself the indignity of protesting the unfairness of it all. Let me say to the New York Times, give me a break. What more do they want in the name of fairness? Here is the deal. We have those people who had a bill passed in the Senate, who have decided that their bill does not need to be subjected to a normal legislative process, which is to be conferenced with a similar bill from the House, that which happens with virtually every piece of legislation ever legislated in the history of this body, a normal conference process, that believes that they will be cheated if they do not get their exact Senate bill passed in the House. That is unreasonable, uninformed and arrogant. To say that I am being subjected to unfairness when I am asked to go through a normal legislative process is arrogant. Mr. Speaker, this Committee on Rules is a decent, honorable committee. They have been fair and just. They have been considerate. The Speaker is a decent, honorable man, who has bent over backwards to be generous to the advocates of the Shays-Meehan bill. He does not deserve this kind of diatribe. I regret there are people in our body who are so small. Mr. FORD: Mr. Speaker, will the gentleman yield? Mr. ARMEY: I yield to the gentleman from Tennessee. Mr. FORD: Mr. Speaker, am I correct that the gentleman from Texas, speaking on behalf of the Speaker, is in support of Shays-Meehan; or is the gentleman against Shays-Meehan? Mr. ARMEY: Mr. Speaker, I am in support of responsible campaign finance reform that does respect the first amendment rights of the American people and does not trespass against freedom of speech; and I am not confident that Shays-Meehan is done as well as the committee mark. But on the debate of the rule, do not tell me that I am being treated unfairly when I have been given 14 separate opportunities to amend my own bill. That is unreasonable. That is arrogant. Mr. FROST: Mr. Speaker, I yield 1 minute to the gentleman from Indiana (Mr. Roemer). (Mr. ROEMER asked and was given permission to revise and extend his remarks.) Mr. ROEMER: Mr. Speaker, today we have an extremely important vote for this body, a vote that counts instead of a vote that can be passed off and characterized as it does not make a difference. Today papers all across the country screamed that the Republican Party raises record amounts of money, and the Democratic Party raises record amounts of money. All this big money hurts the little person. It hurts the little person's voice to be able to participate in this election process. Mr. Speaker, I would hope that we would defeat this rule as written because this rule not only dissects and bisects the Shays-Meehan language that should have been a manager's amendment to perfect this bill, but it is an unfair rule. Republicans and Democrats should bring this rule down so we can get legitimate debate on the other matters. Mr. Speaker, the House centrist coalition of five Democrats and five Republicans strongly supports Shays-Meehan; I hope we vote for that bill at the end of the day. Mr. REYNOLDS: Mr. Speaker, I yield 30 seconds to the gentleman from California (Mr. Horn). Mr. HORN: Mr. Speaker, if we are serious about campaign finance reform, this is our one chance. Some of the party leaders in both parties do not want reform, and I think we have seen examples of it during this debate. They do not want reform. They would be delighted for us to turn down the rule. That is exactly what they are waiting for. Mr. Speaker, I have been a longtime helper with Shays-Meehan, and the money providers who work for each party is what some of these party people are simply working on. Vote for the rule. It is the one chance we have to make real reform happen. Those who do not vote for this rule will play right into the hands of those who want no reform. I urge my colleagues to vote for this rule. Mr. FROST: Mr. Speaker, I yield 1 minute to the gentlewoman from California (Ms. Woolsey). (Ms. WOOLSEY asked and was given permission to revise and extend her remarks.) Ms. WOOLSEY: Mr. Speaker, I stand in strong opposition to this rule. In fact, it amazes me that we would even consider such a convoluted attempt to sabotage true campaign finance reform. Mr. Speaker, I represent a district that has an 83 to 85 percent voter turnout. So my colleagues know that the people I work for care very much about our Nation. They care about our Constitution, and they care about the campaign process. Mr. Speaker, my constituents and people all over this Nation want campaign finance reform like the Shays-Meehan bill that will take big money out of the process. And like all people, they want young people in particular to feel that they belong to the process, that they want to be involved, that they are proud to be voters, that they are proud to be part of the democratic process. The people I represent in Marin and Sonoma Counties know that our democracy depends on getting everybody involved in our electoral system. We must defeat this bill so we can start over. Mr. REYNOLDS: Mr. Speaker, I reserve the balance of my time. Mr. FROST: Mr. Speaker, I yield 1 minute to the gentlewoman from California (Mrs. Capps). Mrs. CAPPS: Mr. Speaker, when I first came to this House in a special election 3 years ago, my first official act after being sworn in was to sign on to the Shays-Meehan bill. It was one of the proudest moments of my career. Today is one of the darkest days I have ever experienced in this Chamber. Mr. Speaker, this rule, passed in the dead of night, is unfair. It is undemocratic. It is a cynical parliamentary ploy aimed at stopping a straight up-or-down vote on the Shays-Meehan bill as a whole. The American people will not stand for this. They want to see democracy restored. They want us to reform a campaign finance system that is awash in unregulated soft money and dominated by special interests. Mr. Speaker, let us defeat this rule and have a fair and honest debate on the merits of the Shays-Meehan bill. By defeating the rule we can reassure all Americans that our cherished democracy is not for sale. Mr. FROST: Mr. Speaker, I yield 1 minute to the gentlewoman from California (Ms. Eshoo). Ms. ESHOO: Mr. Speaker, rarely are there times that one vote can fundamentally turn the tide of political history. I think today is such a moment. Our generation of political leadership can shape a new future, a future which will be free from the influence of unregulated and unlimited contributions. Mr. Speaker, I think that we must make it a relic of the past where every issue we consider and every issue we ignore, from health care reform to energy policy, is determined by the clout of one special interest or another, and where the Congress has become more a marionette than a Legislature. Mr. Speaker, is it any wonder that less than half of the people of our Nation turn out on election days? Weak substitutes allowing soft money and third-party advertising to continue will only foster a disconnect between the people and those who represent them. I do not like the push to raise the limits for hard dollars because I think this debate is about limiting the influence of money and politics and not increasing it. But this issue is larger than what my concerns are. We should go back to what our Founders both dreamed about and built when they founded the greatest democracy in the history of the world. We should reform the system. We should defeat this rule, and we should adopt real, meaningful campaign finance reform. Mr. FROST: Mr. Speaker, I yield 1 minute to the gentleman from Tennessee (Mr. Ford). Mr. FORD: Mr. Speaker, when I was growing up there was a kid on my street that was not very good at any games we played. He was so bad that he would oftentimes not get a chance to play after his team would lose. But because he owned the football and the basketball that we had, or we played with, he oftentimes got a chance to play. The gentleman from Ohio (Mr. LaTourette) is laughing. He may know what I am talking about a little bit. It seems to me we have reached a point here in the Congress where there are some players on the other side of the aisle who simply are not as good as some of the players on this side of the aisle. In this instance, we have a bill called Shays-Meehan, which is superior to theirs. So my friend, the distinguished majority leader, has come to the floor and suggested to us all that the way in which we are proceeding with this legislation, the way in which my friends, the gentleman from Massachusetts (Mr. Meehan) and the gentleman from Connecticut (Mr. Shays), went before the committee somehow or another surprised him. This is the same United States Congress that kept us here until 4 in the morning to vote on a $1.3 trillion budget, in the wee hours of the morning; the same United States Congress that kept us here until 7 in the morning to vote on a budget. Shame on you, Mr. Leader. Thank you, New York Times. We ought to be thankful that Shays-Meehan will eventually get an up or down vote and will eventually ban soft money. Mr. Leader, bring the ball back. Let the rest of us play. You have a bad bill, but America wants meaningful campaign finance reform. Mr. FROST: Mr. Speaker, I yield 2 minutes to the gentlewoman from California (Ms. Pelosi). Ms. PELOSI: I thank the gentleman for yielding me this time. Mr. Speaker, every person in this body takes an oath of office to protect and defend the Constitution of the United States from all enemies, foreign and domestic. There is no greater enemy to our Constitution, indeed to our democracy, than the role of money in the political process today. Those of us who take this oath of office to serve in Congress serve in Washington, D.C., a city that was built on a swamp. Two centuries later, it is back to being a swamp, a political swamp. Today, we have the opportunity to drain the swamp and change the political landscape of political fund-raising in our country. We have an opportunity to empower the people. How many people have been turned off by the political process because of the role of big money? How many people fear that the Speaker's gavel is an auctioneer's gavel, not the gavel of the people? How many people decide not to run for office because of the role money plays? Today, we have an opportunity to send a message to the American people that their role in the political process is important, in supporting candidates or in being candidates. We have an opportunity to clean up our act. And indeed we have a responsibility to do so. I have great confidence that if we pass the Shays-Meehan bill and when we pass the Shays-Meehan bill, we will clear the way for a new way in America in terms of political involvement. We have the creativity, we have the experience, we have the issues, we have the interest on the part of the American people which will be reawakened to involve them more fully in a government of the people, by the people, and for the people. I urge my colleagues to take advantage of this historic opportunity and support Shays-Meehan. Mr. FROST: Mr. Speaker, I yield 1 minute to the gentlewoman from Texas (Ms. Jackson-Lee). Ms. JACKSON-LEE of Texas: Mr. Speaker, I thank the gentleman very much for yielding me this time. My applause is to Shays-Meehan and to Ney and Wynn for engaging us in a debate that should be worthy of what the Founding Fathers thought that America was all about, democracy. But I will say to my dear and distinguished colleague, I am embarrassed. I am embarrassed that we would take the Shays-Meehan legislative initiative as we would take any other and totally implode it so that a reasonable debate could not be had up or down on this legislative initiative. I am reminded of the telling of such an act some years ago when we were in the majority and we decided to play politics with a budget bill. It was wrong and we lost on the rule. So I stand here today saying, I am disappointed that the amendments that I had that dealt with the empowerment, ensuring that ethnic and racial minorities would be empowered to do voter registration and outreach were denied. But I am more embarrassed and I am outraged that we would not give the Shays- Meehan legislation an up or down vote and we would decide to give us this long list of fingers, so confusion will abound and the Founding Fathers' belief in democracy will be extinguished. We need to defeat this rule so that we can have a fair and democratic process to debate this like our Founding Fathers and I know our Mothers would have wanted us to do. Mr. Speaker, I rise in opposition to the rule. The purpose of campaign finance reform is to make federal election financing fair and balanced for all candidates. This is something we all agree with, regardless of party. I find it extremely troubling that the Rules Committee would report out a structured rule designed to limit and confuse meaningful debate on H.R. 2356, the "Bipartisan Campaign Finance Act of 2001." Mr. Speaker, this rule is simply not in the spirit of bipartisan cooperation. Campaign Finance reform is an important issue for the future health of our country. Every person in America will be affected by the debate we hold today. It is a travesty of good government to prohibit an up or down vote on this piece of legislation. By limiting debate on H.R. 2356 to a technical discussion of individual portions of the bill, the Rules Committee has made it virtually impossible for this body to do justice to the magnitude of the decision we make here today. Mr. Speaker, I am also disappointed in the committee's decision to offer a narrow slate of poison pill amendments for debate. I offered three debates in the spirit of inclusion and good government. The first might have helped this legislation to avoid a constitutional challenge by allowing constituent groups the right to speak with their elected leaders. The second might have allowed for more detailed information on campaign finance reform by tracking its effect on all communities in the United States. The third would have committed this body toward fair and equal participation for all in elections. Rather than consider these proposals, the leadership has stifled considerable debate by reporting a rule designed to push their agenda through without regard to the will of the American people once again. Mr. Speaker, the United States has reached a crucial point in its history. We could have discussed meaningful amendments that would protect the voices of all Americans. The Rules Committee should have paid attention to both the ancient and recent history of this Nation. Equal access to the right to vote has been a constant struggle within the United States, and until we take seriously the right of every citizen to participate in the political process by developing a campaign finance structure that promotes election reform for all Americans, this country will suffer. I am disappointed. The American people will be, too. I oppose this rule. Mr. FROST: Mr. Speaker, I yield 1 minute to the gentlewoman from New York (Mrs. Maloney). Mrs. MALONEY of New York: Mr. Speaker, today we are talking about an issue that over 250 Members of this House have voted for twice and passed in the past. A similar bill has already passed the Senate in April. The leadership of this House promised supporters of campaign finance reform a straight up or down vote on Shays-Meehan, a bill so similar to the Senate version that a conference committee was not required, and we know that the conference committee has been the graveyard for campaign finance reform. I guess the leadership felt they could not win on the merits, so they had to manipulate the process to shortchange the American people once again. Let us show the American people that our government is not for sale. Let us show the American people that we support elections, not auctions to the highest spender. Let us vote against this undemocratic rule. Let us bring it down so that we can bring Shays-Meehan to the floor for an up or down vote and send it to the Senate so a conference committee is not required, the President can sign it, and we can finally pass meaningful reform. Mr. FROST: Mr. Speaker, I yield 1 minute to the gentlewoman from Michigan (Ms. Rivers). Ms. RIVERS: Mr. Speaker, I rise against this rule, and I raise my voice in support of a straight up or down vote on Shays-Meehan. The Supreme Court of the United States has laid out very clearly for all of us the role that Congress can play in regulating elections in this country. They have told us that Congress can prohibit the use of corporate treasury funds and union dues money in Federal elections. They have told us that we may limit contributions to candidates, parties and political committees; that we may pass laws to combat actual corruption and the appearance of corruption in the operation of the Federal Government; that we can require disclosure of the source and size of certain kinds of spending and most contributions; and that we can regulate coordinated expenditures to thwart attempts to circumvent existing election law. That is what the Supreme Court has already said. Shays-Meehan does no more than what the Supreme Court has already endorsed, and it does no more than what is right. I urge Members to vote against this rule and support Shays-Meehan. Mr. FROST: Mr. Speaker, I yield 1 minute to the gentleman from California (Mr. Schiff). Mr. SCHIFF: Mr. Speaker, I thank the gentleman for yielding me this time. I rise in opposition to the rule, a rule that in effect takes Shays-Meehan and cuts it into 14 little pieces, a rule that says to the supporters of Shays-Meehan, If you are willing to vote for it once, we are going to put you to the test of voting for it 14 times. Why is this being offered over the opposition of both Shays and Meehan? Very simply for this reason, the opposition believes they cannot defeat Shays-Meehan in an up or down vote. The only way they can defeat this legislation is if they can obfuscate; if they can make it ambiguous, unclear; if they can conceal to the American people whether they are really for it or against it. The American people not only have the right to an up or down vote to end soft money and its corrupting influence on the political process, they have the right to the accountability that comes with a clear and unequivocal vote up or down on campaign finance reform. That is what is being denied with this rule. That is why we must reject this rule, so that the American people can have a clear and unequivocal vote for or against campaign finance reform. I urge a "no" vote. Mr. FROST: Mr. Speaker, I yield 1 minute to the gentlewoman from Ohio (Mrs. Jones). (Mrs. JONES of Ohio asked and was given permission to revise and extend her remarks.) Mrs. JONES of Ohio: Mr. Speaker, to my colleagues, I stand in opposition to this rule. As a second-term Member of Congress, legislation was quite new to me in my first term. What I am seeing happening today is the inability of a legislator with good intention to offer a campaign finance reform bill who, after having had a chance to speak with his or her colleagues, saying, Well, maybe that's a good idea. Maybe I should suggest an amendment or a change. Yes, there are 14. There probably could be 25 amendments that would be offered by colleagues to try and make this a better bill. I must say very truthfully, I am still torn about how we do campaign finance reform. I support campaign finance reform because I know it is good for all the people of our country. How we get to it seems to be a difficult question. And I say to Mr. Leader and to others here on the floor, let us take some time. The Senate dedicated 2 weeks. Why do we only get 1 day? Mr. FROST: Mr. Speaker, I yield myself 1 minute. This is kind of an extraordinary situation we now find ourselves in on the floor. I would like to reiterate something I said at the beginning of this debate. This is a very peculiar result. The Republican leadership has crafted such an unfair and unusual rule that it may have the exact opposite effect of what the Republican leadership intended. They are trying to defeat Shays-Meehan, but they have written such a terrible rule that they may in fact drive some of the opponents of Shays-Meehan into the Shays-Meehan camp. It is a very interesting result. Mr. Speaker, I yield the balance of my time to the gentleman from Missouri (Mr. Gephardt), the Democratic leader. (Mr. GEPHARDT asked and was given permission to revise and extend his remarks.) Mr. GEPHARDT: Mr. Speaker, I hope that we can still have a rule today that is fair and seen as fair by Members on both sides of the aisle. This issue is a bipartisan issue. It is an issue on which we have always had bipartisan support. What we are saying today is that a vote for the rule as it presently reads is a vote against real campaign reform. I know there is disagreement on that, but all we are really saying is that we would like and appreciate what we believe is a fair procedure. And to us that means allowing us to have a manager's amendment putting all of the changes that we want to make in our bill in order with one vote. We then are happy to face any amendments that anyone wants to, in an orderly way, make against this bill and then vote on the Ney bill and then vote, if that does not succeed, on the Shays-Meehan bill. This is an important moment in our democracy. There are many of us who feel deeply that this system is flawed, that there is too much money involved in campaigns, that the American people have become cynical about politics and about our democracy, and we have to be able to at least have an effort to pass real, meaningful campaign reform now, today, or at the latest tomorrow or next week. I ask the leadership in all sincerity to give us what we believed was a fair procedure, for us to be able to get our bill perfected and in front of the Congress, take any shots with any amendments that are desired and then give us a vote on Ney and a vote on Shays-Meehan. I will just finally say again, this is a big moment for our country. A lot of people out there are watching. There are a lot of people out there, just ordinary citizens, who want there to be less special interests involved in the political process. They want the Government and the democracy returned to them. They want to know that their small contributions of participation and checks into this system count as much as the $50,000 and the $100,000 and the $500,000 checks. I pray that we can come out of this House of Representatives today with real reform. Mr. REYNOLDS: Mr. Speaker, I yield 30 seconds to the gentleman from Indiana (Mr. Pence). Mr. PENCE: Mr. Speaker, I thank the gentleman from New York (Mr. Reynolds) for yielding me this time. Mr. Speaker, I rise in strong support of the rule. What could be more fair, Mr. Speaker, than to allow all the changes that Members have requested to be debated and voted in the daylight of public scrutiny on this floor. We are all here because we believe that righteousness exalts a nation, but let us craft a system today that exalts the righteous, brings down the corrupt but does not sacrifice the blood- bought liberties, the freedom of speech of all Americans. I strongly support the rule and I urge its passage. Mr. REYNOLDS: Mr. Speaker, I ask unanimous consent that the debate on the rule be extended for 20 minutes, equal time between the majority and the minority. The SPEAKER pro tempore (Mr. LaTourette): Is there objection to the request of the gentleman from New York? Mr. FROST: Mr. Speaker, reserving the right to object, I would ask if the gentleman could please restate his unanimous consent request. Mr. REYNOLDS: Mr. Speaker, if the gentleman will yield under his reservation, I ask unanimous consent that the debate on the rule be extended 20 minutes, and for equal time between the majority and the minority. Mr. FROST: Mr. Speaker, reserving my right to object, I would ask the gentleman why he is making this request. This is a very unusual request. I have been in the House for 23 years. I do not recall the time being extended on a rule at any time during the 23 years that I have served in the House of Representatives. Mr. REYNOLDS: Mr. Speaker, if the gentleman will yield under his reservation, I am a new guy in the House. I think that some of my colleagues have expressed that they would spend some time expressing their view on the rule. I think some of my colleagues are seeing some different dimensions on the rule in discussions with some of the colleagues after hearing some of the debate on the rule, and I am one of those that believes that before we conclude our business tonight we are going to have a full and open debate on campaign finance reform. I think my colleagues are expressing in the debate of the rule the opportunity of how we will continue having an open, fair debate on campaign finance reform. Mr. FROST: Mr. Speaker, continuing to reserve my right to object, I would ask a question, if I may, and I see that the chairman of the Committee on Rules is on his feet. I would ask the chairman, is it the intention of the majority side to seek a change in the rule at this point to amend the rule at this point? Mr. DREIER: Mr. Speaker, will the gentleman yield under his reservation? Mr. FROST: I yield to the gentleman from California. Mr. DREIER: Mr. Speaker, I thank my friend, the gentleman from Texas (Mr. Frost) for yielding. Mr. Speaker, let me say it is obvious that we very much, in a bipartisan way, want to move ahead with campaign finance reform. My friend and I discussed this late last night in the Committee on Rules, and we fashioned a rule and it is quite possible that we could, as we have discussed with the side of the gentleman, propose a modification to the rule. As we work on that unanimous consent request which has just been propounded by the gentleman from New York (Mr. Reynolds), it is so that we might continue an interesting discussion on the issue of campaign finance reform and, during that time, ensure that we have a package put into place that will allow us to proceed with a full and fair and vigorous debate throughout the rest of the afternoon and evening. Mr. FROST: Mr. Speaker, further reserving the right to object, I would ask the gentleman, is this discussion about changes in the rule only occurring on his side of the aisle or are there any Members on our side of the aisle who are being consulted about potential changes in the rule? Mr. DREIER: Mr. Speaker, at this juncture, I will say that I know that there are consultations that have gone on in a bipartisan way. Mr. REYNOLDS: I think there are conversations going on everywhere. The SPEAKER pro tempore. The time is controlled by the gentleman from Texas (Mr. Frost) under his reservation of objection. Mr. FROST: Mr. Speaker, I yield to the gentleman from Maryland (Mr. Hoyer), the ranking member of the Committee on House Administration. Mr. HOYER: Mr. Speaker, I thank the gentleman from Texas (Mr. Frost) for yielding me this time. Mr. REYNOLDS: Mr. Speaker, I move for a call of the House. The SPEAKER pro tempore. Without objection, a call of the House is ordered. Mr. HOYER: I do not believe the gentleman had the floor. He did not have the floor. Mr. FROST: Mr. Speaker, I believe that I had the floor. I do not believe the other gentleman is recognized. The SPEAKER pro tempore: Does the gentleman from New York (Mr. Reynolds) withdraw his unanimous consent request? Mr. REYNOLDS: Mr. Speaker, I withdraw my unanimous consent request.
107th CONGRESS
1st Session
H. R. 2356
To amend the Federal Election Campaign Act of 1971 to provide
bipartisan campaign reform.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 28, 2001
Mr. Shays (for himself and Mr. Meehan) introduced the following bill;
which was referred to the Committee on House Administration, and in
addition to the Committees on Energy and Commerce, and the Judiciary,
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of
the committee concerned
_______________________________________________________________________
A BILL
To amend the Federal Election Campaign Act of 1971 to provide
bipartisan campaign reform.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Bipartisan
Campaign Reform Act of 2001''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--REDUCTION OF SPECIAL INTEREST INFLUENCE
Sec. 101. Soft money of political parties.
Sec. 102. Increased contribution limits for State committees of
political parties and aggregate
contribution limit for individuals.
Sec. 103. Reporting requirements.
TITLE II--NONCANDIDATE CAMPAIGN EXPENDITURES
Subtitle A--Electioneering Communications
Sec. 201. Disclosure of electioneering communications.
Sec. 202. Coordinated communications as contributions.
Sec. 203. Prohibition of corporate and labor disbursements for
electioneering communications.
Sec. 204. Rules relating to certain targeted electioneering
communications.
Subtitle B--Independent and Coordinated Expenditures
Sec. 211. Definition of independent expenditure.
Sec. 212. Reporting requirements for certain independent expenditures.
Sec. 213. Independent versus coordinated expenditures by party.
Sec. 214. Coordination with candidates or political parties.
TITLE III--MISCELLANEOUS
Sec. 301. Use of contributed amounts for certain purposes.
Sec. 302. Prohibition of fundraising on Federal property.
Sec. 303. Strengthening foreign money ban.
Sec. 304. Modification of individual contribution limits in response to
expenditures from personal funds.
Sec. 305. Television media rates.
Sec. 306. Limitation on availability of lowest unit charge for Federal
candidates attacking opposition.
Sec. 307. Software for filing reports and prompt disclosure of
contributions.
Sec. 308. Modification of contribution limits.
Sec. 309. Donations to Presidential inaugural committee.
Sec. 310. Prohibition on fraudulent solicitation of funds.
Sec. 311. Study and report on Clean Money Clean Elections laws.
Sec. 312. Clarity standards for identification of sponsors of election-
related advertising.
Sec. 313. Increase in penalties.
Sec. 314. Statute of limitations.
Sec. 315. Sentencing guidelines.
Sec. 316. Increase in penalties imposed for violations of conduit
contribution ban.
Sec. 317. Restriction on increased contribution limits by taking into
account candidate's available funds.
Sec. 318. Clarification of right of nationals of the United States to
make political contributions.
Sec. 319. Prohibition of contributions by minors.
Sec. 320. Definition of contributions made through intermediary or
conduit for purposes of applying
contribution limits.
Sec. 321. Prohibiting authorized committees from forming joint
fundraising committees with political party
committees.
Sec. 322. Regulations to prohibit efforts to evade requirements.
TITLE IV--SEVERABILITY; EFFECTIVE DATE
Sec. 401. Severability.
Sec. 402. Effective date.
Sec. 403. Judicial review.
TITLE V--ADDITIONAL DISCLOSURE PROVISIONS
Sec. 501. Internet access to records.
Sec. 502. Maintenance of website of election reports.
Sec. 503. Additional monthly and quarterly disclosure reports.
Sec. 504. Public access to broadcasting records.
TITLE I--REDUCTION OF SPECIAL INTEREST INFLUENCE
SEC. 101. SOFT MONEY OF POLITICAL PARTIES.
(a) In General.--Title III of the Federal Election Campaign Act of
1971 (2 U.S.C. 431 et seq.) is amended by adding at the end the
following:
``SEC. 323. SOFT MONEY OF POLITICAL PARTIES.
``(a) National Committees.--
``(1) In general.--A national committee of a political
party (including a national congressional campaign committee of
a political party) may not solicit, receive, or direct to
another person a contribution, donation, or transfer of funds
or any other thing of value, or spend any funds, that are not
subject to the limitations, prohibitions, and reporting
requirements of this Act.
``(2) Applicability.-- The prohibition established by
paragraph (1) applies to any such national committee, any
officer or agent acting on behalf of such a national committee,
and any entity that is directly or indirectly established,
financed, maintained, or controlled by such a national
committee.
``(b) State, District, and Local Committees.--
``(1) In general.--Except as provided in paragraph (2), an
amount that is expended or disbursed for Federal election
activity by a State, district, or local committee of a
political party (including an entity that is directly or
indirectly established, financed, maintained, or controlled by
a State, district, or local committee of a political party and
an officer or agent acting on behalf of such committee or
entity), or by an association or similar group of candidates
for State or local office or individuals holding State or local
office, shall be made from funds subject to the limitations,
prohibitions, and reporting requirements of this Act.
``(2) Applicability.--
``(A) In general.--Notwithstanding clause (i) or
(ii) of section 301(20)(A), and subject to subparagraph
(B), paragraph (1) shall not apply to any amount
expended or disbursed by a State, district, or local
committee of a political party in existence as of the date of the
enactment of the Bipartisan Campaign Reform Act of 2001 for an activity
described in either such clause to the extent the amounts expended or
disbursed for such activity are allocated under regulations prescribed
by the Commission which require not less than 50 percent of the amounts
expended or disbursed be paid from a Federal allocation account
consisting solely of contributions subject to the limitations,
prohibitions, and reporting requirements of this Act (not including
funds specifically authorized to be spent under subparagraph (B)(iii)).
``(B) Conditions.--Subparagraph (A) shall only
apply if--
``(i) the activity does not refer to a
clearly identified candidate for Federal
office;
``(ii) the amounts expended or disbursed
are not for the costs of any broadcasting,
cable, or satellite communication, other than a
communication which refers solely to a clearly
identified candidate for State or local office;
``(iii) the amounts expended or disbursed
which are not from a Federal allocation account
described in subparagraph (A) are paid from
amounts which are donated in accordance with
State law and which meet the requirements of
subparagraph (C), except that no person
(including any person established, financed,
maintained, or controlled by such person) may
donate more than $10,000 to a State, district,
or local committee of a political party in a
calendar year for such expenditures or
disbursements; and
``(iv) the amounts expended or disbursed
are made solely from funds raised by the State,
local, or district committee which makes such
expenditure or disbursement, and do not include
any funds provided to such committee from--
``(I) any other State, local, or
district committee of any State party,
``(II) the national committee of a
political party (including a national
congressional campaign committee of a
political party),
``(III) any officer or agent acting
on behalf of any committee described in
subclause (I) or (II), or
``(IV) any entity directly or
indirectly established, financed,
maintained, or controlled by any
committee described in subclause (I) or
(II).
``(C) Prohibiting involvement of national parties,
federal candidates and officeholders, and state parties
acting jointly.--Notwithstanding subsection (e) (other
than subsection (e)(3)), amounts specifically
authorized to be spent under subparagraph (B)(iii) meet
the requirements of this subparagraph only if the
amounts--
``(i) are not solicited, received,
directed, transferred, or spent by or in the
name of any person described in subsection (a)
or (e); and
``(ii) are not solicited, received, or
directed through fundraising activities
conducted jointly by 2 or more State, local, or
district committees of any political party or
their agents, or by a State, local, or district
committee of a political party on behalf of the
State, local, or district committee of a
political party or its agent in one or more
other States.
``(c) Fundraising Costs.--An amount spent by a person described in
subsection (a) or (b) to raise funds that are used, in whole or in
part, for expenditures and disbursements for a Federal election
activity shall be made from funds subject to the limitations,
prohibitions, and reporting requirements of this Act.
``(d) Tax-Exempt Organizations.--A national, State, district, or
local committee of a political party (including a national
congressional campaign committee of a political party), an entity that
is directly or indirectly established, financed, maintained, or
controlled by any such national, State, district, or local committee or
its agent, and an officer or agent acting on behalf of any such party
committee or entity, shall not solicit any funds for, or make or direct
any donations to--
``(1) an organization that is described in section 501(c)
of the Internal Revenue Code of 1986 and exempt from taxation
under section 501(a) of such Code (or has submitted an
application for determination of tax exempt status under such
section) and that makes expenditures or disbursements in
connection with an election for Federal office (including
expenditures or disbursements for Federal election activity);
or
``(2) an organization described in section 527 of such Code
(other than a political committee, a State, district, or local
committee of a political party, or the authorized campaign
committee of a candidate for State or local office).
``(e) Federal Candidates.--
``(1) In general.--A candidate, individual holding Federal
office, agent of a candidate or an individual holding Federal
office, or an entity directly or indirectly established,
financed, maintained or controlled by or acting on behalf of 1
or more candidates or individuals holding Federal office, shall
not--
``(A) solicit, receive, direct, transfer, or spend
funds in connection with an election for Federal
office, including funds for any Federal election
activity, unless the funds are subject to the
limitations, prohibitions, and reporting requirements
of this Act; or
``(B) solicit, receive, direct, transfer, or spend
funds in connection with any election other than an
election for Federal office or disburse funds in
connection with such an election unless the funds--
``(i) are not in excess of the amounts
permitted with respect to contributions to
candidates and political committees under
paragraphs (1), (2), and (3) of section 315(a);
and
``(ii) are not from sources prohibited by
this Act from making contributions in
connection with an election for Federal office.
``(2) State law.--Paragraph (1) does not apply to the
solicitation, receipt, or spending of funds by an individual
described in such paragraph who is also a candidate for a State
or local office solely in connection with such election for
State or local office if the solicitation, receipt, or spending
of funds is permitted under State law and refers only to such
State or local candidate, or to any other candidate for the
State or local office sought by such candidate, or both.
``(3) Fundraising events.--Notwithstanding paragraph (1) or
subsection (b)(2)(C), a candidate or an individual holding
Federal office may attend, speak, or be a featured guest at a
fundraising event for a State, district, or local committee of
a political party.
``(4) Limitation applicable for purposes of solicitation of
donations by individuals to certain organizations.--In the case
of the solicitation of funds by any person described in
paragraph (1) on behalf of any entity described in subsection
(d) which is made specifically for funds to be used for
activities described in clauses (i) and (ii) of section
301(20)(A), or made for any such entity which engages primarily
in activities described in such clauses, the limitation
applicable for purposes of a donation of funds by an individual
shall be the limitation set forth in section 315(a)(1)(D).
``(5) Treatment of amounts used to influence or challenge
state reapportionment.--Nothing in this subsection shall
prevent or limit an individual described in paragraph (1) from
soliciting or spending funds to be used exclusively for the
purpose of influencing the reapportionment decisions of a State
or the financing of litigation which relates exclusively to the
reapportionment decisions made by a State.
``(f) State Candidates.--
``(1) In general.--A candidate for State or local office,
individual holding State or local office, or an agent of such a
candidate or individual may not spend any funds for a
communication described in section 301(20)(A)(iii) unless the
funds are subject to the limitations, prohibitions, and
reporting requirements of this Act.
``(2) Exception for certain communications.--Paragraph (1)
shall not apply to an individual described in such paragraph if
the communication involved is in connection with an election
for such State or local office and refers only to such
individual or to any other candidate for the State or local
office held or sought by such individual, or both.''.
(b) Definitions.--Section 301 of the Federal Election Campaign Act
of 1971 (2 U.S.C. 431) is amended by adding at the end thereof the
following:
``(20) Federal election activity.--
``(A) In general.--The term `Federal election
activity' means--
``(i) voter registration activity during
the period that begins on the date that is 120
days before the date a regularly scheduled
Federal election is held and ends on the date
of the election;
``(ii) voter identification, get-out-the-
vote activity, or generic campaign activity
conducted in connection with an election in
which a candidate for Federal office appears on
the ballot (regardless of whether a candidate
for State or local office also appears on the
ballot);
``(iii) a public communication that refers
to a clearly identified candidate for Federal
office (regardless of whether a candidate for
State or local office is also mentioned or
identified) and that promotes or supports a
candidate for that office, or attacks or
opposes a candidate for that office (regardless
of whether the communication expressly
advocates a vote for or against a candidate);
or
``(iv) services provided during any month
by an employee of a State, district, or local
committee of a political party who spends more
than 25 percent of that individual's
compensated time during that month on
activities in connection with a Federal
election.
``(B) Excluded activity.--The term `Federal
election activity' does not include an amount expended
or disbursed by a State, district, or local committee
of a political party for--
``(i) a public communication that refers
solely to a clearly identified candidate for
State or local office, if the communication is
not a Federal election activity described in
subparagraph (A)(i) or (ii);
``(ii) a contribution to a candidate for
State or local office, provided the
contribution is not designated or used to pay
for a Federal election activity described in
subparagraph (A);
``(iii) the costs of a State, district, or
local political convention;
``(iv) the costs of grassroots campaign
materials, including buttons, bumper stickers,
and yard signs, that name or depict only a
candidate for State or local office; and
``(v) the cost of constructing or
purchasing an office facility or equipment for
a State, district, or local committee.
``(21) Generic campaign activity.--The term `generic
campaign activity' means a campaign activity that promotes a
political party and does not promote a candidate or non-Federal
candidate.
``(22) Public communication.--The term `public
communication' means a communication by means of any broadcast,
cable, or satellite communication, newspaper, magazine, outdoor
advertising facility, mass mailing, or telephone bank to the
general public, or any other form of general public political
advertising.
``(23) Mass mailing.--The term `mass mailing' means a
mailing by United States mail or facsimile of more than 500
pieces of mail matter of an identical or substantially similar
nature within any 30-day period.
``(24) Telephone bank.--The term `telephone bank' means
more than 500 telephone calls of an identical or substantially
similar nature within any 30-day period.''.
SEC. 102. INCREASED CONTRIBUTION LIMITS FOR STATE COMMITTEES OF
POLITICAL PARTIES AND AGGREGATE CONTRIBUTION LIMIT FOR
INDIVIDUALS.
(a) Contribution Limit for State Committees of Political Parties.--
Section 315(a)(1) of the Federal Election Campaign Act of 1971 (2
U.S.C. 441a(a)(1)) is amended--
(1) in subparagraph (B), by striking ``or'' at the end;
(2) in subparagraph (C)--
(A) by inserting ``(other than a committee
described in subparagraph (D))'' after ``committee'';
and
(B) by striking the period at the end and inserting
``; or''; and
(3) by adding at the end the following:
``(D) to a political committee established and maintained
by a State committee of a political party in any calendar year
which, in the aggregate, exceed $10,000.''.
(b) Aggregate Contribution Limit for Individual.--Section 315(a)(3)
of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(3)) is
amended by striking ``$25,000'' and inserting ``$30,000''.
SEC. 103. REPORTING REQUIREMENTS.
(a) Reporting Requirements.--Section 304 of the Federal Election
Campaign Act of 1971 (2 U.S.C. 434) is amended by adding at the end the
following:
``(e) Political Committees.--
``(1) National and congressional political committees.--The
national committee of a political party, any national
congressional campaign committee of a political party, and any
subordinate committee of either, shall report all receipts and
disbursements during the reporting period.
``(2) Other political committees to which section 323
applies.--
``(A) In general.--In addition to any other
reporting requirements applicable under this Act, a
political committee (not described in paragraph (1)) to
which section 323(b)(1) applies shall report all
receipts and disbursements made for activities
described in section 301(20)(A).
``(B) Specific disclosure by state and local
parties of certain nonfederal amounts permitted to be
spent on federal election activity.--Each report by a
political committee under subparagraph (A) of receipts
and disbursements made for activities described in
section 301(20)(A) shall include a disclosure of all
receipts and disbursements made section 323(b)(2)(A)
and (B).
``(3) Itemization.--If a political committee has receipts
or disbursements to which this subsection applies from or to
any person aggregating in excess of $200 for any calendar year,
the political committee shall separately itemize its reporting
for such person in the same manner as required in paragraphs
(3)(A), (5), and (6) of subsection (b).
``(4) Reporting periods.--Reports required to be filed
under this subsection shall be filed for the same time periods
required for political committees under subsection
(a)(4)(B).''.
(b) Building Fund Exception to the Definition of Contribution.--
Section 301(8)(B) of the Federal Election Campaign Act of 1971 (2
U.S.C. 431(8)(B)) is amended--
(1) by striking clause (viii); and
(2) by redesignating clauses (ix) through (xv) as clauses
(viii) through (xiv), respectively.
TITLE II--NONCANDIDATE CAMPAIGN EXPENDITURES
Subtitle A--Electioneering Communications
SEC. 201. DISCLOSURE OF ELECTIONEERING COMMUNICATIONS.
(a) In General.--Section 304 of the Federal Election Campaign Act
of 1971 (2 U.S.C. 434), as amended by section 103, is amended by adding
at the end the following new subsection:
``(f) Disclosure of Electioneering Communications.--
``(1) Statement required.--Every person who makes a
disbursement for the direct costs of producing and airing
electioneering communications in an aggregate amount in excess
of $10,000 during any calendar year shall, within 24 hours of
each disclosure date, file with the Commission a statement
containing the information described in paragraph (2).
``(2) Contents of statement.--Each statement required to be
filed under this subsection shall be made under penalty of
perjury and shall contain the following information:
``(A) The identification of the person making the
disbursement, of any person sharing or exercising
direction or control over the activities of such
person, and of the custodian of the books and accounts
of the person making the disbursement.
``(B) The principal place of business of the person
making the disbursement, if not an individual.
``(C) The amount of each disbursement of more than
$200 during the period covered by the statement and the
identification of the person to whom the disbursement
was made.
``(D) The elections to which the electioneering
communications pertain and the names (if known) of the
candidates identified or to be identified.
``(E) If the disbursements were paid out of a
segregated bank account which consists of funds
contributed solely by individuals who are United States
citizens or nationals or lawfully admitted for
permanent residence as defined in section 1101(a)(2) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(2)) directly to this account for electioneering
communications, the names and addresses of all
contributors who contributed an aggregate amount of $1,000 or more to
that account during the period beginning on the first day of the
preceding calendar year and ending on the disclosure date. Nothing in
this subparagraph is to be construed as a prohibition on the use of
funds in such a segregated account for a purpose other than
electioneering communications.
``(F) If the disbursements were paid out of funds
not described in subparagraph (E), the names and
addresses of all contributors who contributed an
aggregate amount of $1,000 or more to the person making
the disbursement during the period beginning on the
first day of the preceding calendar year and ending on
the disclosure date.
``(3) Electioneering communication.--For purposes of this
subsection--
``(A) In general.--(i) The term `electioneering
communication' means any broadcast, cable, or satellite
communication which--
``(I) refers to a clearly identified
candidate for Federal office;
``(II) is made within--
``(aa) 60 days before a general,
special, or runoff election for the
office sought by the candidate; or
``(bb) 30 days before a primary or
preference election, or a convention or
caucus of a political party that has
authority to nominate a candidate, for
the office sought by the candidate; and
``(III) in the case of a communication
which refers to a candidate for an office other
than President or Vice President, is targeted
to the relevant electorate.
``(ii) If clause (i) is held to be constitutionally
insufficient by final judicial decision to support the
regulation provided herein, then the term
`electioneering communication' means any broadcast,
cable, or satellite communication which promotes or
supports a candidate for that office, or attacks or
opposes a candidate for that office (regardless of
whether the communication expressly advocates a vote
for or against a candidate) and which also is
suggestive of no plausible meaning other than an
exhortation to vote for or against a specific
candidate. Nothing in this subparagraph shall be
construed to affect the interpretation or application
of section 100.22(b) of title 11, Code of Federal
Regulations.
``(B) Exceptions.--The term `electioneering
communication' does not include--
``(i) a communication appearing in a news
story, commentary, or editorial distributed
through the facilities of any broadcasting
station, unless such facilities are owned or
controlled by any political party, political
committee, or candidate;
``(ii) a communication which constitutes an
expenditure or an independent expenditure under
this Act;
``(iii) a communication which constitutes a
candidate debate or forum conducted pursuant to
regulations adopted by the Commission, or which
solely promotes such a debate or forum and is
made by or on behalf of the person sponsoring
the debate or forum; or
``(iv) any other communication exempted
under such regulations as the Commission may
promulgate (consistent with the requirements of
this paragraph) to ensure the appropriate
implementation of this paragraph, except that
under any such regulation a communication may
not be exempted if it meets the requirements of
this paragraph and is described in section
301(20)(A)(iii).
``(C) Targeting to relevant electorate.--For
purposes of this paragraph, a communication which
refers to a clearly identified candidate for Federal
office is `targeted to the relevant electorate' if the
communication can be received by 50,000 or more
persons--
``(i) in the district the candidate seeks
to represent, in the case of a candidate for
Representative in, or Delegate or Resident
Commissioner to, the Congress; or
``(ii) in the State the candidate seeks to
represent, in the case of a candidate for
Senator.
``(4) Disclosure date.--For purposes of this subsection,
the term `disclosure date' means--
``(A) the first date during any calendar year by
which a person has made disbursements for the direct
costs of producing or airing electioneering
communications aggregating in excess of $10,000; and
``(B) any other date during such calendar year by
which a person has made disbursements for the direct
costs of producing or airing electioneering
communications aggregating in excess of $10,000 since
the most recent disclosure date for such calendar year.
``(5) Contracts to disburse.--For purposes of this
subsection, a person shall be treated as having made a
disbursement if the person has executed a contract to make the
disbursement.
``(6) Coordination with other requirements.--Any
requirement to report under this subsection shall be in
addition to any other reporting requirement under this Act.
``(7) Coordination with internal revenue code.--Nothing in
this subsection may be construed to establish, modify, or
otherwise affect the definition of political activities or
electioneering activities (including the definition of
participating in, intervening in, or influencing or attempting
to influence a political campaign on behalf of or in opposition
to any candidate for public office) for purposes of the
Internal Revenue Code of 1986.''.
(b) Responsibilities of Federal Communications Commission.--The
Federal Communications Commission shall compile and maintain any
information the Federal Election Commission may require to carry out
section 304(f) of the Federal Election Campaign Act of 1971 (as added
by subsection (a)), and shall make such information available to the
public on the Federal Communication Commission's website.
SEC. 202. COORDINATED COMMUNICATIONS AS CONTRIBUTIONS.
Section 315(a)(7) of the Federal Election Campaign Act of 1971 (2
U.S.C. 441a(a)(7)) is amended--
(1) by redesignating subparagraph (C) as subparagraph (D);
and
(2) by inserting after subparagraph (B) the following:
``(C) if--
``(i) any person makes, or contracts to
make, any disbursement for any electioneering
communication (within the meaning of section
304(f)(3)); and
``(ii) such disbursement is coordinated
with a candidate or an authorized committee of
such candidate, a Federal, State, or local
political party or committee thereof, or an
agent or official of any such candidate, party,
or committee;
such disbursement or contracting shall be treated as a
contribution to the candidate supported by the
electioneering communication or that candidate's party
and as an expenditure by that candidate or that
candidate's party; and''.
SEC. 203. PROHIBITION OF CORPORATE AND LABOR DISBURSEMENTS FOR
ELECTIONEERING COMMUNICATIONS.
(a) In General.--Section 316(b)(2) of the Federal Election Campaign
Act of 1971 (2 U.S.C. 441b(b)(2)) is amended by inserting ``or for any
applicable electioneering communication'' before ``, but shall not
include''.
(b) Applicable Electioneering Communication.--Section 316 of such
Act is amended by adding at the end the following:
``(c) Rules Relating to Electioneering Communications.--
``(1) Applicable electioneering communication.--For
purposes of this section, the term `applicable electioneering
communication' means an electioneering communication (within
the meaning of section 304(f)(3)) which is made by any entity
described in subsection (a) of this section or by any other
person using funds donated by an entity described in subsection
(a) of this section.
``(2) Exception.--Notwithstanding paragraph (1), the term
`applicable electioneering communication' does not include a
communication by a section 501(c)(4) organization or a
political organization (as defined in section 527(e)(1) of such
Code) made under section 304(f)(2)(E) or (F) of this Act if the
communication is paid for exclusively by funds provided
directly by individuals who are United States citizens or
nationals or lawfully admitted for permanent residence as
defined in section 1101(a)(2) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(2)). For purposes of the
preceding sentence, the term `provided directly by individuals'
does not include funds the source of which is an entity
described in subsection (a) of this section.
``(3) Special operating rules.--
``(A) Definition under paragraph (1).--An
electioneering communication shall be treated as made
by an entity described in subsection (a) if an entity
described in subsection (a) directly or indirectly
disburses any amount for any of the costs of the
communication.
``(B) Exception under paragraph (2).--A section
501(c)(4) organization that derives amounts from
business activities or receives funds from any entity
described in subsection (a) shall be considered to have
paid for any communication out of such amounts unless
such organization paid for the communication out of a
segregated account to which only individuals can
contribute, as described in section 304(f)(2)(E).
``(4) Definitions and rules.--For purposes of this
subsection--
``(A) the term `section 501(c)(4) organization'
means--
``(i) an organization described in section
501(c)(4) of the Internal Revenue Code of 1986
and exempt from taxation under section 501(a)
of such Code; or
``(ii) an organization which has submitted
an application to the Internal Revenue Service
for determination of its status as an
organization described in clause (i); and
``(B) a person shall be treated as having made a
disbursement if the person has executed a contract to
make the disbursement.
``(5) Coordination with internal revenue code.--Nothing in
this subsection shall be construed to authorize an organization
exempt from taxation under section 501(a) of the Internal
Revenue Code of 1986 to carry out any activity which is
prohibited under such Code.''.
SEC. 204. RULES RELATING TO CERTAIN TARGETED ELECTIONEERING
COMMUNICATIONS.
Section 316(c) of the Federal Election Campaign Act of 1971 (2
U.S.C. 441b), as added by section 203, is amended by adding at the end
the following:
``(6) Special rules for targeted communications.--
``(A) Exception does not apply.--Paragraph (2)
shall not apply in the case of a targeted communication
that is made by an organization described in such
paragraph.
``(B) Targeted communication.--For purposes of
subparagraph (A), the term `targeted communication'
means an electioneering communication (as defined in
section 304(f)(3)) that is distributed from a
television or radio broadcast station or provider of
cable or satellite television service and, in the case of a
communication which refers to a candidate for an office other than
President or Vice President, is targeted to the relevant electorate.
``(C) Definition.--For purposes of this paragraph,
a communication is `targeted to the relevant
electorate' if it meets the requirements described in
section 304(f)(3)(C).''.
Subtitle B--Independent and Coordinated Expenditures
SEC. 211. DEFINITION OF INDEPENDENT EXPENDITURE.
Section 301 of the Federal Election Campaign Act (2 U.S.C. 431) is
amended by striking paragraph (17) and inserting the following:
``(17) Independent expenditure.--The term `independent
expenditure' means an expenditure by a person--
``(A) expressly advocating the election or defeat
of a clearly identified candidate; and
``(B) that is not made in concert or cooperation
with, at the request or suggestion of, or pursuant to
any general or particular understanding with, such
candidate, the candidate's authorized political
committee, or their agents, or a political party
committee or its agents.''.
SEC. 212. REPORTING REQUIREMENTS FOR CERTAIN INDEPENDENT EXPENDITURES.
(a) In General.--Section 304 of the Federal Election Campaign Act
of 1971 (2 U.S.C. 434) (as amended by section 201) is amended--
(1) in subsection (c)(2), by striking the undesignated
matter after subparagraph (C); and
(2) by adding at the end the following:
``(g) Time for Reporting Certain Expenditures.--
``(1) Expenditures aggregating $1,000.--
``(A) Initial report.--A person (including a
political committee) that makes or contracts to make
independent expenditures aggregating $1,000 or more
after the 20th day, but more than 24 hours, before the
date of an election shall file a report describing the
expenditures within 24 hours.
``(B) Additional reports.--After a person files a
report under subparagraph (A), the person shall file an
additional report within 24 hours after each time the
person makes or contracts to make independent
expenditures aggregating an additional $1,000 with
respect to the same election as that to which the
initial report relates.
``(2) Expenditures aggregating $10,000.--
``(A) Initial report.--A person (including a
political committee) that makes or contracts to make
independent expenditures aggregating $10,000 or more at
any time up to and including the 20th day before the
date of an election shall file a report describing the
expenditures within 48 hours.
``(B) Additional reports.--After a person files a
report under subparagraph (A), the person shall file an
additional report within 48 hours after each time the
person makes or contracts to make independent
expenditures aggregating an additional $10,000 with
respect to the same election as that to which the
initial report relates.
``(3) Place of filing; contents.--A report under this
subsection--
``(A) shall be filed with the Commission; and
``(B) shall contain the information required by
subsection (b)(6)(B)(iii), including the name of each
candidate whom an expenditure is intended to support or
oppose.''.
(b) Conforming Amendment.--Section 304(a)(5) of such Act (2 U.S.C.
434(a)(5)) is amended by striking ``, or the second sentence of
subsection (c)(2)''.
SEC. 213. INDEPENDENT VERSUS COORDINATED EXPENDITURES BY PARTY.
Section 315(d) of the Federal Election Campaign Act (2 U.S.C.
441a(d)) is amended--
(1) in paragraph (1), by striking ``and (3)'' and inserting
``, (3), and (4)''; and
(2) by adding at the end the following:
``(4) Independent versus coordinated expenditures by
party.--
``(A) In general.--On or after the date on which a
political party nominates a candidate, a committee of
the political party shall not make both expenditures
under this subsection and independent expenditures (as
defined in section 301(17)) with respect to the
candidate during the election cycle.
``(B) Certification.--Before making a coordinated
expenditure under this subsection with respect to a
candidate, a committee of a political party shall file
with the Commission a certification, signed by the
treasurer of the committee, that the committee, on or
after the date described in subparagraph (A), has not
and shall not make any independent expenditure with
respect to the candidate during the same election
cycle.
``(C) Application.--For purposes of this paragraph,
all political committees established and maintained by
a national political party (including all congressional
campaign committees) and all political committees
established and maintained by a State political party
(including any subordinate committee of a State
committee) shall be considered to be a single political
committee.
``(D) Transfers.--A committee of a political party
that submits a certification under subparagraph (B)
with respect to a candidate shall not, during an
election cycle, transfer any funds to, assign authority
to make coordinated expenditures under this subsection
to, or receive a transfer of funds from, a committee of
the political party that has made or intends to make an
independent expenditure with respect to the
candidate.''.
SEC. 214. COORDINATION WITH CANDIDATES OR POLITICAL PARTIES.
(a) In General.--
(1) Coordinated expenditure or disbursement treated as
contribution.--Section 301(8) of the Federal Election Campaign
Act of 1971 (2 U.S.C. 431(8)) is amended--
(A) by striking ``or'' at the end of subparagraph
(A)(i);
(B) by striking ``purpose.'' in subparagraph
(A)(ii) and inserting ``purpose;''; and
(C) by adding at the end of subparagraph (A) the
following:
``(iii) any coordinated expenditure or
other disbursement made by any person in
connection with a candidate's election,
regardless of whether the expenditure or
disbursement is for a communication that
contains express advocacy; or
``(iv) any coordinated expenditure or other
disbursement made in coordination with a
national committee, State committee, or other
political committee of a political party by a
person (other than a candidate or a candidate's
authorized committee) in connection with an
election, regardless of whether the expenditure
or disbursement is for a communication that
contains express advocacy.''.
(2) Conforming amendment.--Section 315(a)(7) of the Federal
Election Campaign Act of 1971 (2 U.S.C. 441a(a)(7)) is amended
by striking subparagraph (B) and inserting the following:
``(B) a coordinated expenditure or disbursement
described in--
``(i) section 301(8)(A)(iii) shall be
considered to be a contribution to the
candidate and an expenditure by the candidate;
and
``(ii) section 301(8)(A)(iv) shall be
considered to be a contribution to, and an
expenditure by, the political party committee;
and''.
(b) Definition of Coordination.--Section 301(8) of the Federal
Election Campaign Act of 1971 (2 U.S.C. 431(8)) is amended by adding at
the end the following:
``(C) For purposes of subparagraph (A)(iii) and
(iv), the term `coordinated expenditure or other
disbursement' means a payment made in concert or
cooperation with, at the request or suggestion of, or
pursuant to any general or particular understanding
with, such candidate, the candidate's authorized
political committee, or their agents, or a political
party committee or its agents.''.
(c) Regulations by the Federal Election Commission.--(1) Within 90
days of the effective date of this Act, the Federal Election Commission
shall promulgate new regulations to enforce the statutory standard set
by section 301(8)(C) of the Federal Election Campaign Act of 1971 (as
added by subsection (b)) and section 301(17)(B) of such Act (as amended
by section 211). The regulations shall not require collaboration or
agreement to establish coordination. In addition to any subject
determined by the Commission, the regulations shall address--
(A) payments for the republication of campaign materials;
(B) payments for the use of a common vendor;
(C) payments for communications directed or made by persons
who previously served as an employee of a candidate or a
political party; and
(D) payments for communications made by a person after
substantial discussion about the communication with a candidate
or a political party.
(2) The regulations on coordination adopted by the Federal Election
Commission and published in the Federal Register at page 76138 of
volume 65, Federal Register, on December 6, 2000, are repealed as of 90
days after the effective date of this Act.
(d) Meaning of Contribution or Expenditure for the Purposes of
Section 316.--Section 316(b)(2) of the Federal Election Campaign Act of
1971 (2 U.S.C. 441b(b)(2)) is amended by striking ``shall include'' and
inserting ``includes a contribution or expenditure, as those terms are
defined in section 301, and also includes''.
TITLE III--MISCELLANEOUS
SEC. 301. USE OF CONTRIBUTED AMOUNTS FOR CERTAIN PURPOSES.
Title III of the Federal Election Campaign Act of 1971 (2 U.S.C.
431 et seq.) is amended by striking section 313 and inserting the
following:
``SEC. 313. USE OF CONTRIBUTED AMOUNTS FOR CERTAIN PURPOSES.
``(a) Permitted Uses.--A contribution accepted by a candidate, and
any other donation received by an individual as support for activities
of the individual as a holder of Federal office, may be used by the
candidate or individual--
``(1) for otherwise authorized expenditures in connection
with the campaign for Federal office of the candidate or
individual;
``(2) for ordinary and necessary expenses incurred in
connection with duties of the individual as a holder of Federal
office;
``(3) for contributions to an organization described in
section 170(c) of the Internal Revenue Code of 1986; or
``(4) for transfers to a national, State, or local
committee of a political party.
``(b) Prohibited Use.--
``(1) In general.--A contribution or donation described in
subsection (a) shall not be converted by any person to personal
use.
``(2) Conversion.--For the purposes of paragraph (1), a
contribution or donation shall be considered to be converted to
personal use if the contribution or amount is used to fulfill
any commitment, obligation, or expense of a person that would
exist irrespective of the candidate's election campaign or
individual's duties as a holder of Federal office, including--
``(A) a home mortgage, rent, or utility payment;
``(B) a clothing purchase;
``(C) a noncampaign-related automobile expense;
``(D) a country club membership;
``(E) a vacation or other noncampaign-related trip;
``(F) a household food item;
``(G) a tuition payment;
``(H) admission to a sporting event, concert,
theater, or other form of entertainment not associated
with an election campaign; and
``(I) dues, fees, and other payments to a health
club or recreational facility.''.
SEC. 302. PROHIBITION OF FUNDRAISING ON FEDERAL PROPERTY.
Section 607 of title 18, United States Code, is amended--
(1) by striking subsection (a) and inserting the following:
``(a) Prohibition.--
``(1) In general.--It shall be unlawful for any person to
solicit or receive a donation of money or other thing of value
in connection with a Federal, State, or local election from a
person who is located in a room or building occupied in the
discharge of official duties by an officer or employee of the
United States. It shall be unlawful for an individual who is an
officer or employee of the Federal Government, including the
President, Vice President, and Members of Congress, to solicit
or receive a donation of money or other thing of value in
connection with a Federal, State, or local election, while in
any room or building occupied in the discharge of official
duties by an officer or employee of the United States, from any
person.
``(2) Penalty.--A person who violates this section shall be
fined not more than $5,000, imprisoned more than 3 years, or
both.''; and
(2) in subsection (b), by inserting ``or Executive Office
of the President'' after ``Congress'' .
SEC. 303. STRENGTHENING FOREIGN MONEY BAN.
Section 319 of the Federal Election Campaign Act of 1971 (2 U.S.C.
441e) is amended--
(1) by striking the heading and inserting the following:
``contributions and donations by foreign nationals''; and
(2) by striking subsection (a) and inserting the following:
``(a) Prohibition.--It shall be unlawful for--
``(1) a foreign national, directly or indirectly, to make--
``(A) a contribution or donation of money or other
thing of value, or to make an express or implied
promise to make a contribution or donation, in
connection with a Federal, State, or local election;
``(B) a contribution or donation to a committee of
a political party; or
``(C) an expenditure, independent expenditure, or
disbursement for an electioneering communication
(within the meaning of section 304(f)(3)); or
``(2) a person to solicit, accept, or receive a
contribution or donation described in subparagraph (A) or (B)
of paragraph (1) from a foreign national.''.
SEC. 304. MODIFICATION OF INDIVIDUAL CONTRIBUTION LIMITS IN RESPONSE TO
EXPENDITURES FROM PERSONAL FUNDS.
(a) Increased Limits for Individuals.--
(1) In general.--Section 315 of the Federal Election
Campaign Act of 1971 (2 U.S.C. 441a) is amended--
(A) in subsection (a)(1), by striking ``No person''
and inserting ``Except as provided in subsection (i),
no person''; and
(B) by adding at the end the following:
``(i) Increased Limit To Allow Response to Expenditures From
Personal Funds.--
``(1) Increase.--
``(A) In general.--Subject to paragraph (2), if the
opposition personal funds amount with respect to a
candidate for election to the office of Senator exceeds
the threshold amount, the limit under subsection
(a)(1)(A) (in this subsection referred to as the
`applicable limit') with respect to that candidate
shall be the increased limit.
``(B) Threshold amount.--
``(i) State-by-state competitive and fair
campaign formula.--In this subsection, the
threshold amount with respect to an election
cycle of a candidate described in subparagraph
(A) is an amount equal to the sum of--
``(I) $150,000; and
``(II) $0.04 multiplied by the
voting age population.
``(ii) Voting age population.--In this
subparagraph, the term `voting age population'
means in the case of a candidate for the office
of Senator, the voting age population of the
State of the candidate (as certified under
section 315(e)).
``(C) Increased limit.--Except as provided in
clause (ii), for purposes of subparagraph (A), if the
opposition personal funds amount is over--
``(i) 2 times the threshold amount, but not
over 4 times that amount--
``(I) the increased limit shall be
3 times the applicable limit; and
``(II) the limit under subsection
(a)(3) shall not apply with respect to
any contribution made with respect to a
candidate if such contribution is made
under the increased limit of
subparagraph (A) during a period in
which the candidate may accept such a
contribution;
``(ii) 4 times the threshold amount, but
not over 10 times that amount--
``(I) the increased limit shall be
6 times the applicable limit; and
``(II) the limit under subsection
(a)(3) shall not apply with respect to
any contribution made with respect to a
candidate if such contribution is made
under the increased limit of
subparagraph (A) during a period in which the candidate may accept such
a contribution; and
``(iii) 10 times the threshold amount--
``(I) the increased limit shall be
6 times the applicable limit;
``(II) the limit under subsection
(a)(3) shall not apply with respect to
any contribution made with respect to a
candidate if such contribution is made
under the increased limit of
subparagraph (A) during a period in
which the candidate may accept such a
contribution; and
``(III) the limits under subsection
(d) with respect to any expenditure by
a State or national committee of a
political party shall not apply.
``(D) Opposition personal funds amount.--The
opposition personal funds amount is an amount equal to
the excess (if any) of--
``(i) the greatest aggregate amount of
expenditures from personal funds (as defined in
section 304(a)(6)(B)) that an opposing
candidate in the same election makes; over
``(ii) the aggregate amount of expenditures
from personal funds made by the candidate with
respect to the election.
``(2) Time to accept contributions under increased limit.--
``(A) In general.--Subject to subparagraph (B), a
candidate and the candidate's authorized committee
shall not accept any contribution, and a party
committee shall not make any expenditure, under the
increased limit under paragraph (1)--
``(i) until the candidate has received
notification of the opposition personal funds
amount under section 304(a)(6)(B); and
``(ii) to the extent that such
contribution, when added to the aggregate
amount of contributions previously accepted and
party expenditures previously made under the
increased limits under this subsection for the
election cycle, exceeds 110 percent of the
opposition personal funds amount.
``(B) Effect of withdrawal of an opposing
candidate.--A candidate and a candidate's authorized
committee shall not accept any contribution and a party
shall not make any expenditure under the increased
limit after the date on which an opposing candidate
ceases to be a candidate to the extent that the amount
of such increased limit is attributable to such an
opposing candidate.
``(3) Disposal of excess contributions.--
``(A) In general.--The aggregate amount of
contributions accepted by a candidate or a candidate's
authorized committee under the increased limit under
paragraph (1) and not otherwise expended in connection
with the election with respect to which such
contributions relate shall, not later than 50 days
after the date of such election, be used in the manner
described in subparagraph (B).
``(B) Return to contributors.--A candidate or a
candidate's authorized committee shall return the
excess contribution to the person who made the
contribution.
``(j) Limitation on Repayment of Personal Loans.--Any candidate who
incurs personal loans made after the date of enactment of the
Bipartisan Campaign Reform Act of 2001 in connection with the
candidate's campaign for election shall not repay (directly or
indirectly), to the extent such loans exceed $250,000, such loans from
any contributions made to such candidate or any authorized committee of
such candidate after the date of such election.''.
(b) Notification of Expenditures From Personal Funds.--Section
304(a)(6) of the Federal Election Campaign Act of 1971 (2 U.S.C.
434(a)(6)) is amended--
(1) by redesignating subparagraph (B) as subparagraph (E);
and
(2) by inserting after subparagraph (A) the following:
``(B) Notification of expenditure from personal funds.--
``(i) Definition of expenditure from personal funds.--In
this subparagraph, the term `expenditure from personal funds'
means--
``(I) an expenditure made by a candidate using
personal funds; and
``(II) a contribution or loan made by a candidate
using personal funds or a loan secured using such funds
to the candidate's authorized committee.
``(ii) Declaration of intent.--Not later than the date that
is 15 days after the date on which an individual becomes a
candidate for the office of Senator, the candidate shall file a
declaration stating the total amount of expenditures from
personal funds that the candidate intends to make, or to
obligate to make, with respect to the election that will exceed
the State-by-State competitive and fair campaign formula with--
``(I) the Commission; and
``(II) each candidate in the same election.
``(iii) Initial notification.--Not later than 24 hours
after a candidate described in clause (ii) makes or obligates
to make an aggregate amount of expenditures from personal funds
in excess of 2 times the threshold amount in connection with
any election, the candidate shall file a notification with--
``(I) the Commission; and
``(II) each candidate in the same election.
``(iv) Additional notification.--After a candidate files an
initial notification under clause (iii), the candidate shall
file an additional notification each time expenditures from
personal funds are made or obligated to be made in an
aggregate amount that exceed $10,000 with--
``(I) the Commission; and
``(II) each candidate in the same election.
Such notification shall be filed not later than 24 hours after
the expenditure is made.
``(v) Contents.--A notification under clause (iii) or (iv)
shall include--
``(I) the name of the candidate and the office
sought by the candidate;
``(II) the date and amount of each expenditure; and
``(III) the total amount of expenditures from
personal funds that the candidate has made, or
obligated to make, with respect to an election as of
the date of the expenditure that is the subject of the
notification.
``(C) Notification of disposal of excess contributions.--In the
next regularly scheduled report after the date of the election for
which a candidate seeks nomination for election to, or election to,
Federal office, the candidate or the candidate's authorized committee
shall submit to the Commission a report indicating the source and
amount of any excess contributions (as determined under paragraph (1)
of section 315(i)) and the manner in which the candidate or the
candidate's authorized committee used such funds.
``(D) Enforcement.--For provisions providing for the enforcement of
the reporting requirements under this paragraph, see section 309.''.
(c) Definitions.--Section 301 of the Federal Election Campaign Act
of 1971 (2 U.S.C. 431), as amended by section 101(a), is further
amended by adding at the end the following:
``(25) Election cycle.--The term `election cycle' means the period
beginning on the day after the date of the most recent election for the
specific office or seat that a candidate is seeking and ending on the
date of the next election for that office or seat. For purposes of the
preceding sentence, a primary election and a general election shall be
considered to be separate elections.
``(26) Personal funds.--The term `personal funds' means an amount
that is derived from--
``(A) any asset that, under applicable State law, at the
time the individual became a candidate, the candidate had legal
right of access to or control over, and with respect to which
the candidate had--
``(i) legal and rightful title; or
``(ii) an equitable interest;
``(B) income received during the current election cycle of
the candidate, including--
``(i) a salary and other earned income from bona
fide employment;
``(ii) dividends and proceeds from the sale of the
candidate's stocks or other investments;
``(iii) bequests to the candidate;
``(iv) income from trusts established before the
beginning of the election cycle;
``(v) income from trusts established by bequest
after the beginning of the election cycle of which the
candidate is the beneficiary;
``(vi) gifts of a personal nature that had been
customarily received by the candidate prior to the
beginning of the election cycle; and
``(vii) proceeds from lotteries and similar legal
games of chance; and
``(C) a portion of assets that are jointly owned by the
candidate and the candidate's spouse equal to the candidate's
share of the asset under the instrument of conveyance or
ownership, but if no specific share is indicated by an
instrument of conveyance or ownership, the value of \1/2\ of
the property.''.
SEC. 305. TELEVISION MEDIA RATES.
(a) Lowest Unit Charge.--Subsection (b) of section 315 of the
Communications Act of 1934 (47 U.S.C. 315) is amended--
(1) by striking ``(b) The charges'' and inserting the
following:
``(b) Charges.--
``(1) In general.--Except as provided in paragraph (2), the
charges'';
(2) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively; and
(3) by adding at the end the following:
``(2) Television.--The charges made for the use of any
television broadcast station, or by a provider of cable or
satellite television service, to any person who is a legally
qualified candidate for any public office in connection with
the campaign of such candidate for nomination for election, or
election, to such office shall not exceed, during the periods
referred to in paragraph (1)(A), the lowest charge of the
station (at any time during the 180-day period preceding the
date of the use) for the same amount of time for the same
period.''.
(b) Rate Available for National Parties.--Section 315(b)(2) of such
Act (47 U.S.C. 315(b)(2), as added by subsection (a)(3), is amended by
inserting ``, or to a national committee of a political party making
expenditures under section 315(d) of the Federal Election Campaign Act
of 1971 on behalf of such candidate in connection with such campaign,''
after ``such office''.
(c) Preemption.--Section 315 of such Act (47 U.S.C. 315) is
amended--
(1) by redesignating subsections (c) and (d) as subsections
(e) and (f), respectively; and
(2) by inserting after subsection (b) the following new
subsection:
``(c) Preemption.--
``(1) In general.--Except as provided in paragraph (2), a
licensee shall not preempt the use of a television broadcast
station, or a provider of cable or satellite television
service, by an eligible candidate or political committee of a
political party who has purchased and paid for such use
pursuant to subsection (b)(2).
``(2) Circumstances beyond control of licensee.--If a
program to be broadcast by a television broadcast station, or a
provider of cable or satellite television service, is preempted
because of circumstances beyond the control of the station, any
candidate or party advertising spot scheduled to be broadcast
during that program may also be preempted.''.
(d) Random Audits.--Section 315 of such Act (47 U.S.C. 315), as
amended by subsection (c), is amended by inserting after subsection (c)
the following new subsection:
``(d) Random Audits.--
``(1) In general.--During the 45-day period preceding a
primary election and the 60-day period preceding a general
election, the Commission shall conduct random audits of
designated market areas to ensure that each television
broadcast station, and provider of cable or satellite
television service, in those markets is allocating television
broadcast advertising time in accordance with this section and
section 312.
``(2) Markets.--The random audits conducted under paragraph
(1) shall cover the following markets:
``(A) At least 6 of the top 50 largest designated
market areas (as defined in section 122(j)(2)(C) of
title 17, United States Code).
``(B) At least 3 of the 51-100 largest designated
market areas (as so defined).
``(C) At least 3 of the 101-150 largest designated
market areas (as so defined).
``(D) At least 3 of the 151-210 largest designated
market areas (as so defined).
``(3) Broadcast stations.--Each random audit shall include
each of the 3 largest television broadcast networks, 1
independent network, and 1 cable network.''.
(e) Definition of Broadcasting Station.--Subsection (e) of section
315 of such Act (47 U.S.C. 315(e)), as redesignated by subsection
(c)(1) of this section, is amended by inserting ``, a television
broadcast station, and a provider of cable or satellite television
service'' before the semicolon.
(f) Stylistic Amendments.--Section 315 of such Act (47 U.S.C. 315)
is amended--
(1) in subsection (a), by inserting ``In General.--''
before ``If any'';
(2) in subsection (e), as redesignated by subsection (c)(1)
of this section, by inserting ``Definitions.--'' before ``For
purposes''; and
(3) in subsection (f), as so redesignated, by inserting
``Regulations.--'' before ``The Commission''.
SEC. 306. LIMITATION ON AVAILABILITY OF LOWEST UNIT CHARGE FOR FEDERAL
CANDIDATES ATTACKING OPPOSITION.
(a) In General.--Section 315(b) of the Communications Act of 1934
(47 U.S.C. 315(b)), as amended by this Act, is amended by adding at the
end the following:
``(3) Content of broadcasts.--
``(A) In general.--In the case of a candidate for
Federal office, such candidate shall not be entitled to
receive the rate under paragraph (1)(A) or (2) for the
use of any broadcasting station unless the candidate
provides written certification to the broadcast station
that the candidate (and any authorized committee of the
candidate) shall not make any direct reference to
another candidate for the same office, in any broadcast
using the rights and conditions of access under this
Act, unless such reference meets the requirements of
subparagraph (C) or (D).
``(B) Limitation on charges.--If a candidate for
Federal office (or any authorized committee of such
candidate) makes a reference described in subparagraph
(A) in any broadcast that does not meet the
requirements of subparagraph (C) or (D), such candidate
shall not be entitled to receive the rate under
paragraph (1)(A) or (2) for such broadcast or any other
broadcast during any portion of the 45-day and 60-day
periods described in paragraph (1)(A), that occur on or
after the date of such broadcast, for election to such
office.
``(C) Television broadcasts.--A candidate meets the
requirements of this subparagraph if, in the case of a
television broadcast, at the end of such broadcast
there appears simultaneously, for a period no less than
4 seconds--
``(i) a clearly identifiable photographic
or similar image of the candidate; and
``(ii) a clearly readable printed
statement, identifying the candidate and
stating that the candidate has approved the
broadcast and that the candidate's authorized
committee paid for the broadcast.
``(D) Radio broadcasts.--A candidate meets the
requirements of this subparagraph if, in the case of a
radio broadcast, the broadcast includes a personal
audio statement by the candidate that identifies the
candidate, the office the candidate is seeking, and
indicates that the candidate has approved the
broadcast.
``(E) Certification.--Certifications under this
section shall be provided and certified as accurate by
the candidate (or any authorized committee of the
candidate) at the time of purchase.
``(F) Definitions.--For purposes of this paragraph,
the terms `authorized committee' and `Federal office'
have the meanings given such terms by section 301 of
the Federal Election Campaign Act of 1971 (2 U.S.C.
431).''.
(b) Conforming Amendment.--Section 315(b)(1)(A) of the
Communications Act of 1934 (47 U.S.C. 315(b)(1)(A)), as amended by this
Act, is amended by inserting ``subject to paragraph (3),'' before
``during the forty-five days''.
(c) Effective Date.--The amendments made by this section shall
apply to broadcasts made after the date of enactment of this Act.
SEC. 307. SOFTWARE FOR FILING REPORTS AND PROMPT DISCLOSURE OF
CONTRIBUTIONS.
Section 304(a) of the Federal Election Campaign Act of 1971 (2
U.S.C. 434(a)) is amended by adding at the end the following:
``(12) Software for filing of reports.--
``(A) In general.--The Commission shall--
``(i) promulgate standards to be used by
vendors to develop software that--
``(I) permits candidates to easily
record information concerning receipts
and disbursements required to be
reported under this Act at the time of
the receipt or disbursement;
``(II) allows the information
recorded under subclause (I) to be
transmitted immediately to the
Commission; and
``(III) allows the Commission to
post the information on the Internet
immediately upon receipt; and
``(ii) make a copy of software that meets
the standards promulgated under clause (i)
available to each person required to file a
designation, statement, or report in electronic
form under this Act.
``(B) Additional information.--To the extent
feasible, the Commission shall require vendors to
include in the software developed under the standards
under subparagraph (A) the ability for any person to
file any designation, statement, or report required
under this Act in electronic form.
``(C) Required use.--Notwithstanding any provision
of this Act relating to times for filing reports, each
candidate for Federal office (or that candidate's
authorized committee) shall use software that meets the
standards promulgated under this paragraph once such
software is made available to such candidate.
``(D) Required posting.--The Commission shall, as
soon as practicable, post on the Internet any
information received under this paragraph.''.
SEC. 308. MODIFICATION OF CONTRIBUTION LIMITS.
(a) Increase in Individual Limits for Certain Contributions.--
Section 315(a)(1) of the Federal Election Campaign Act of 1971 (2
U.S.C. 441a(a)(1)) is amended--
(1) in subparagraph (A), by striking ``$1,000'' and
inserting the following: ``$2,000 (or, in the case of a
candidate for Representative in or Delegate or Resident
Commissioner to the Congress, $1,000)''; and
(2) in subparagraph (B), by striking ``$20,000'' and
inserting ``$25,000''.
(b) Increase in Aggregate Individual Limit.--Section 315(a)(3) of
the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(3)), as
amended by section 102(b), is amended by striking ``$30,000'' and
inserting ``$37,500''.
(c) Increase in Senatorial Campaign Committee Limit.--Section
315(h) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(h))
is amended by striking ``$17,500'' and inserting ``$35,000''.
(d) Indexing of Contribution Limits.--Section 315(c) of the Federal
Election Campaign Act of 1971 (2 U.S.C. 441a(c)) is amended--
(1) in paragraph (1)--
(A) by striking the second and third sentences;
(B) by inserting ``(A)'' before ``At the
beginning''; and
(C) by adding at the end the following:
``(B) Except as provided in subparagraph (C), in any calendar year
after 2002--
``(i) a limitation established by subsections (a)(1)(A),
(a)(1)(B), (a)(3), (b), (d), or (h) shall be increased by the
percent difference determined under subparagraph (A);
``(ii) each amount so increased shall remain in effect for
the calendar year; and
``(iii) if any amount after adjustment under clause (i) is
not a multiple of $100, such amount shall be rounded to the
nearest multiple of $100.
``(C) In the case of limitations under subsections (a)(1)(A),
(a)(1)(B), (a)(3), and (h), increases shall only be made in odd-
numbered years and such increases shall remain in effect for the 2-year
period beginning on the first day following the date of the last
general election in the year preceding the year in which the amount is
increased and ending on the date of the next general election.''; and
(2) in paragraph (2)(B), by striking ``means the calendar
year 1974'' and inserting ``means--
``(i) for purposes of subsections (b) and (d),
calendar year 1974; and
``(ii) for purposes of subsections (a)(1)(A),
(a)(1)(B), (a)(3), and (h) calendar year 2001''.
(e) Effective Date.--The amendments made by this section shall
apply to contributions made after the date of enactment of this Act.
SEC. 309. DONATIONS TO PRESIDENTIAL INAUGURAL COMMITTEE.
(a) In General.--Chapter 5 of title 36, United States Code, is
amended by--
(1) redesignating section 510 as section 511; and
(2) inserting after section 509 the following:
``Sec. 510. Disclosure of and prohibition on certain donations.
``(a) In general.--A committee shall not be considered to be the
Inaugural Committee for purposes of this chapter unless the committee
agrees to, and meets, the requirements of subsections (b) and (c).
``(b) Disclosure.--
``(1) In general.--Not later than the date that is 90 days
after the date of the Presidential inaugural ceremony, the
committee shall file a report with the Federal Election
Commission disclosing any donation of money or anything of
value made to the committee in an aggregate amount equal to or
greater than $200.
``(2) Contents of report.--A report filed under paragraph
(1) shall contain--
``(A) the amount of the donation;
``(B) the date the donation is received; and
``(C) the name and address of the person making the
donation.
``(c) Limitation.--The committee shall not accept any donation from
a foreign national (as defined in section 319(b) of the Federal
Election Campaign Act of 1971 (2 U.S.C. 441e(b))).''.
(b) Reports Made Available by FEC.--Section 304 of the Federal
Election Campaign Act of 1971 (2 U.S.C. 434), as amended by sections
103, 201, and 212 is amended by adding at the end the following:
``(h) Reports From Inaugural Committees.--The Federal Election
Commission shall make any report filed by an Inaugural Committee under
section 510 of title 36, United States Code, accessible to the public
at the offices of the Commission and on the Internet not later than 48
hours after the report is received by the Commission.''.
SEC. 310. PROHIBITION ON FRAUDULENT SOLICITATION OF FUNDS.
Section 322 of the Federal Election Campaign Act of 1971 (2 U.S.C.
441h) is amended--
(1) by inserting ``(a) In General.--'' before ``No
person''; and
(2) by adding at the end the following:
``(b) Fraudulent Solicitation of Funds.--No person shall--
``(1) fraudulently misrepresent the person as speaking,
writing, or otherwise acting for or on behalf of any candidate
or political party or employee or agent thereof for the purpose
of soliciting contributions or donations; or
``(2) willfully and knowingly participate in or conspire to
participate in any plan, scheme, or design to violate paragraph
(1).''.
SEC. 311. STUDY AND REPORT ON CLEAN MONEY CLEAN ELECTIONS LAWS.
(a) Clean Money Clean Elections Defined.--In this section, the term
``clean money clean elections'' means funds received under State laws
that provide in whole or in part for the public financing of election
campaigns.
(b) Study.--
(1) In general.--The Comptroller General shall conduct a
study of the clean money clean elections of Arizona and Maine.
(2) Matters studied.--
(A) Statistics on clean money clean elections
candidates.--The Comptroller General shall determine--
(i) the number of candidates who have
chosen to run for public office with clean
money clean elections including--
(I) the office for which they were
candidates;
(II) whether the candidate was an
incumbent or a challenger; and
(III) whether the candidate was
successful in the candidate's bid for
public office; and
(ii) the number of races in which at least
one candidate ran an election with clean money
clean elections.
(B) Effects of clean money clean elections.--The
Comptroller General of the United States shall describe
the effects of public financing under the clean money
clean elections laws on the 2000 elections in Arizona
and Maine.
(c) Report.--Not later than 1 year after the date of enactment of
this Act, the Comptroller General of the United States shall submit a
report to the Congress detailing the results of the study conducted
under subsection (b).
SEC. 312. CLARITY STANDARDS FOR IDENTIFICATION OF SPONSORS OF ELECTION-
RELATED ADVERTISING.
Section 318 of the Federal Election Campaign Act of 1971 (2 U.S.C.
441d) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``Whenever'' and inserting
``Whenever a political committee makes a
disbursement for the purpose of financing any
communication through any broadcasting station,
newspaper, magazine, outdoor advertising
facility, mailing, or any other type of general
public political advertising, or whenever'';
(ii) by striking ``an expenditure'' and
inserting ``a disbursement''; and
(iii) by striking ``direct''; and
(iv) by inserting ``or makes a disbursement
for an electioneering communication (as defined
in section 304(f)(3))'' after ``public
political advertising''; and
(B) in paragraph (3), by inserting ``and permanent
street address, telephone number, or World Wide Web
address'' after ``name''; and
(2) by adding at the end the following:
``(c) Specification.--Any printed communication described in
subsection (a) shall--
``(1) be of sufficient type size to be clearly readable by
the recipient of the communication;
``(2) be contained in a printed box set apart from the
other contents of the communication; and
``(3) be printed with a reasonable degree of color contrast
between the background and the printed statement.
``(d) Additional Requirements.--
``(1) Audio statement.--
``(A) Candidate.--Any communication described in
paragraphs (1) or (2) of subsection (a) which is
transmitted through radio or television shall include,
in addition to the requirements of that paragraph, an
audio statement by the candidate that identifies the
candidate and states that the candidate has approved
the communication.
``(B) Other persons.--Any communication described
in paragraph (3) of subsection (a) which is transmitted
through radio or television shall include, in addition
to the requirements of that paragraph, in a clearly
spoken manner, the following statement: `__________ is
responsible for the content of this advertising.' (with the blank to be
filled in with the name of the political committee or other person
paying for the communication and the name of any connected organization
of the payor). If transmitted through television, the statement shall
also appear in a clearly readable manner with a reasonable degree of
color contrast between the background and the printed statement, for a
period of at least 4 seconds.
``(2) Television.--If a communication described in
paragraph (1)(A) is transmitted through television, the
communication shall include, in addition to the audio statement
under paragraph (1), a written statement that--
``(A) appears at the end of the communication in a
clearly readable manner with a reasonable degree of
color contrast between the background and the printed
statement, for a period of at least 4 seconds; and
``(B) is accompanied by a clearly identifiable
photographic or similar image of the candidate.''.
SEC. 313. INCREASE IN PENALTIES.
(a) In General.--Subparagraph (A) of section 309(d)(1) of the
Federal Election Campaign Act of 1971 (2 U.S.C. 437g(d)(1)(A)) is
amended to read as follows:
``(A) Any person who knowingly and willfully commits a violation of
any provision of this Act which involves the making, receiving, or
reporting of any contribution, donation, or expenditure--
``(i) aggregating $25,000 or more during a calendar year
shall be fined under title 18, United States Code, or
imprisoned for not more than 5 years, or both; or
``(ii) aggregating $2,000 or more (but less than $25,000)
during a calendar year shall be fined under such title, or
imprisoned for not more than one year, or both.''.
(b) Effective Date.--The amendment made by this section shall apply
to violations occurring on or after the date of enactment of this Act.
SEC. 314. STATUTE OF LIMITATIONS.
(a) In General.--Section 406(a) of the Federal Election Campaign
Act of 1971 (2 U.S.C. 455(a)) is amended by striking ``3'' and
inserting ``5''.
(b) Effective Date.--The amendment made by this section shall apply
to violations occurring on or after the date of enactment of this Act.
SEC. 315. SENTENCING GUIDELINES.
(a) In General.--The United States Sentencing Commission shall--
(1) promulgate a guideline, or amend an existing guideline
under section 994 of title 28, United States Code, in
accordance with paragraph (2), for penalties for violations of
the Federal Election Campaign Act of 1971 and related election
laws; and
(2) submit to Congress an explanation of any guidelines
promulgated under paragraph (1) and any legislative or
administrative recommendations regarding enforcement of the
Federal Election Campaign Act of 1971 and related election
laws.
(b) Considerations.--The Commission shall provide guidelines under
subsection (a) taking into account the following considerations:
(1) Ensure that the sentencing guidelines and policy
statements reflect the serious nature of such violations and
the need for aggressive and appropriate law enforcement action
to prevent such violations.
(2) Provide a sentencing enhancement for any person
convicted of such violation if such violation involves--
(A) a contribution, donation, or expenditure from a
foreign source;
(B) a large number of illegal transactions;
(C) a large aggregate amount of illegal
contributions, donations, or expenditures;
(D) the receipt or disbursement of governmental
funds; and
(E) an intent to achieve a benefit from the Federal
Government.
(3) Provide a sentencing enhancement for any violation by a
person who is a candidate or a high-ranking campaign official
for such candidate.
(4) Assure reasonable consistency with other relevant
directives and guidelines of the Commission.
(5) Account for aggravating or mitigating circumstances
that might justify exceptions, including circumstances for
which the sentencing guidelines currently provide sentencing
enhancements.
(6) Assure the guidelines adequately meet the purposes of
sentencing under section 3553(a)(2) of title 18, United States
Code.
(c) Effective Date; Emergency Authority To Promulgate Guidelines.--
(1) Effective date.--Notwithstanding section 402, the
United States Sentencing Commission shall promulgate guidelines
under this section not later than the later of--
(A) 90 days after the date of enactment of this
Act; or
(B) 90 days after the date on which at least a
majority of the members of the Commission are appointed
and holding office.
(2) Emergency authority to promulgate guidelines.--The
Commission shall promulgate guidelines under this section in
accordance with the procedures set forth in section 21(a) of
the Sentencing Reform Act of 1987, as though the authority
under such Act has not expired.
SEC. 316. INCREASE IN PENALTIES IMPOSED FOR VIOLATIONS OF CONDUIT
CONTRIBUTION BAN.
(a) Increase in Civil Money Penalty for Knowing and Willful
Violations.--Section 309(a) of the Federal Election Campaign Act of
1971 (2 U.S.C. 437g(a)) is amended--
(1) in paragraph (5)(B), by inserting before the period at
the end the following: ``(or, in the case of a violation of
section 320, which is not less than 300 percent of the amount
involved in the violation and is not more than the greater of
$50,000 or 1000 percent of the amount involved in the
violation)''; and
(2) in paragraph (6)(C), by inserting before the period at
the end the following: ``(or, in the case of a violation of
section 320, which is not less than 300 percent of the amount
involved in the violation and is not more than the greater of
$50,000 or 1000 percent of the amount involved in the
violation)''.
(b) Increase in Criminal Penalty.--Section 309(d)(1) of such Act (2
U.S.C. 437g(d)(1)) is amended by adding at the end the following new
subparagraph:
``(D) Any person who knowingly and willfully commits a violation of
section 320 involving an amount aggregating more than $10,000 during a
calendar year shall be--
``(i) imprisoned for not more than 2 years if the amount is
less than $25,000 (and subject to imprisonment under
subparagraph (A) if the amount is $25,000 or more);
``(ii) fined not less than 300 percent of the amount
involved in the violation and not more than the greater of--
``(I) $50,000; or
``(II) 1,000 percent of the amount involved in the
violation; or
``(iii) both imprisoned under clause (i) and fined under
clause (ii).''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to violations occurring on or after the date of
enactment of this Act.
SEC. 317. RESTRICTION ON INCREASED CONTRIBUTION LIMITS BY TAKING INTO
ACCOUNT CANDIDATE'S AVAILABLE FUNDS.
Section 315(i)(1) of the Federal Election Campaign Act of 1971 (2
U.S.C. 441a(i)(1)), as added by this Act, is amended by adding at the
end the following:
``(E) Special rule for candidate's campaign
funds.--
``(i) In general.--For purposes of
determining the aggregate amount of
expenditures from personal funds under
subparagraph (D)(ii), such amount shall include
the gross receipts advantage of the candidate's
authorized committee.
``(ii) Gross receipts advantage.--For
purposes of clause (i), the term `gross
receipts advantage' means the excess, if any,
of--
``(I) the aggregate amount of 50
percent of gross receipts of a
candidate's authorized committee during
any election cycle (not including
contributions from personal funds of
the candidate) that may be expended in
connection with the election, as
determined on June 30 and December 31
of the year preceding the year in which
a general election is held, over
``(II) the aggregate amount of 50
percent of gross receipts of the
opposing candidate's authorized
committee during any election cycle
(not including contributions from
personal funds of the candidate) that
may be expended in connection with the
election, as determined on June 30 and
December 31 of the year preceding the
year in which a general election is
held.
SEC. 318. CLARIFICATION OF RIGHT OF NATIONALS OF THE UNITED STATES TO
MAKE POLITICAL CONTRIBUTIONS.
Section 319(d)(2) of the Federal Election Campaign Act of 1971 (2
U.S.C. 441e(d)(2)) is amended by inserting after ``United States'' the
following: ``or a national of the United States (as defined in section
101(a)(22) of the Immigration and Nationality Act)''.
SEC. 319. PROHIBITION OF CONTRIBUTIONS BY MINORS.
Title III of the Federal Election Campaign Act of 1971 (2 U.S.C.
431 et seq.), as amended by section 101, is further amended by adding
at the end the following new section:
``prohibition of contributions by minors
``Sec. 324. An individual who is 17 years old or younger shall not
make a contribution to a candidate or a contribution or donation to a
committee of a political party.''.
SEC. 320. DEFINITION OF CONTRIBUTIONS MADE THROUGH INTERMEDIARY OR
CONDUIT FOR PURPOSES OF APPLYING CONTRIBUTION LIMITS.
The first sentence of section 315(a)(8) of the Federal Election
Campaign Act of 1971 (2 U.S.C. 441a(a)(8)) is amended by striking
``including contributions which are in any way earmarked or otherwise
directed through an intermediary or conduit to such candidate,'' and
inserting the following: ``including contributions which are in any way
earmarked or otherwise arranged or directed through an intermediary or
conduit to such candidate, or solicited by such candidate to support
the candidate's election and arranged or suggested by the candidate to
be spent by or through an intermediary to support or assist the
candidate's election,''.
SEC. 321. PROHIBITING AUTHORIZED COMMITTEES FROM FORMING JOINT
FUNDRAISING COMMITTEES WITH POLITICAL PARTY COMMITTEES.
Section 302(e) of the Federal Election Campaign Act of 1971 (2
U.S.C. 432(e)) is amended by adding at the end the following new
paragraph:
``(6) No authorized committee of a candidate for Federal office may
form a joint fundraising committee with any political committee of a
political party.''.
SEC. 322. REGULATIONS TO PROHIBIT EFFORTS TO EVADE REQUIREMENTS.
Title III of the Federal Election Campaign Act of 1971 (2 U.S.C.
431 et seq.), as amended by sections 101 and 319, is further amended by
adding at the end the following new section:
``regulations to prohibit efforts to evade requirements
``Sec. 325. The Commission shall promulgate regulations to prohibit
efforts to evade or circumvent the limitations, prohibitions, and
reporting requirements of this Act.''.
TITLE IV--SEVERABILITY; EFFECTIVE DATE
SEC. 401. SEVERABILITY.
If any provision of this Act or amendment made by this Act, or the
application of a provision or amendment to any person or circumstance,
is held to be unconstitutional, the remainder of this Act and
amendments made by this Act, and the application of the provisions and
amendment to any person or circumstance, shall not be affected by the
holding.
SEC. 402. EFFECTIVE DATE.
(a) In General.--Except as otherwise provided in this Act, this Act
and the amendments made by this Act shall take effect 30 days after the
date of its enactment.
(b) Transition Rule for Spending of Funds by National Parties.--If
a national committee of a political party described in section
323(a)(1) of the Federal Election Campaign Act of 1971 (as added by
section 101(a)), including any person who is subject to such section,
has received funds described in such section prior to the effective
date described in subsection (a), the following rules shall apply with
respect to the spending of such funds by such committee:
(1) During the period which begins on such effective date
and ends 90 days thereafter or December 31, 2001 (whichever
occurs later), the committee may spend such funds for any
activity permitted for the use of such funds prior to such
effective date.
(2) During the period which begins on such effective date
and ends March 31, 2001, the committee may transfer such funds
without limit to any committee of a State or local political
party, any organization described in section 501(c) of the
Internal Revenue Code of 1986 and exempt from taxation under
section 501(a) of such Code, or any organization described in
section 527 of such Code. Nothing in this paragraph may be
construed to permit any committee or organization to which such
funds are transferred to use such funds in a manner
inconsistent with any of the applicable provisions of this Act
or the amendments made by this Act.
(3) At any time after such effective date, the committee
may spend such funds for activities which are solely to defray
the costs of the construction or purchase of any office
building or facility.
SEC. 403. JUDICIAL REVIEW.
(a) Special Rules For Certain Actions Brought on Constitutional
Grounds.--If any person who is aggrieved by any of the provisions of
this Act or any amendment made by this Act (or who would be aggrieved
by any such provision or amendment when the provision or amendment
becomes effective) brings an action which names the United States as
the defendant for declaratory or injunctive relief to challenge the
constitutionality of the provision or amendment within the 90-day
period which begins on the date of the enactment of this Act, the
following rules shall apply:
(1) The action shall be filed in the United States District
Court for the District of Columbia and shall be heard by a 3-
judge court convened pursuant to section 2284 of title 28,
United States Code.
(2) A copy of the complaint shall be delivered promptly to
the Clerk of the House of Representatives and the Secretary of
the Senate.
(3) A final decision in the action shall be reviewable only
by appeal directly to the United States Supreme Court. Such
appeal shall be taken by the filing of a notice of appeal
within 10 days, and the filing of a jurisdictional statement
within 30 days, of the entry of the final decision.
(4) It shall be the duty of the United States District
Court for the District of Columbia and the Supreme Court of the
United States to advance on the docket and to expedite to the
greatest possible extent the disposition of the action and
appeal.
(b) Intervention by Members of Congress.--In any action in which
the constitutionality of any provision of this Act or any amendment
made by this Act is raised (including but not limited to an action
described in subsection (a)), any member of the House of
Representatives (including a Delegate or Resident Commissioner to the
Congress) or Senate shall have the right to intervene either in support
of or opposition to the position of a party to the case regarding the
constitutionality of the provision or amendment. To avoid duplication
of efforts and reduce the burdens placed on the parties to the action,
the court in any such action may make such orders as it considers
necessary, including orders to require intervenors taking similar
positions to file joint papers or to be represented by a single
attorney at oral argument.
TITLE V--ADDITIONAL DISCLOSURE PROVISIONS
SEC. 501. INTERNET ACCESS TO RECORDS.
Section 304(a)(11)(B) of the Federal Election Campaign Act of 1971
(2 U.S.C. 434(a)(11)(B)) is amended to read as follows:
``(B) The Commission shall make a designation, statement, report,
or notification that is filed with the Commission under this Act
available for inspection by the public in the offices of the Commission
and accessible to the public on the Internet not later than 48 hours
(or not later than 24 hours in the case of a designation, statement,
report, or notification filed electronically) after receipt by the
Commission.''.
SEC. 502. MAINTENANCE OF WEBSITE OF ELECTION REPORTS.
(a) In General.--The Federal Election Commission shall maintain a
central site on the Internet to make accessible to the public all
publicly available election-related reports and information.
(b) Election-Related Report.--In this section, the term ``election-
related report'' means any report, designation, or statement required
to be filed under the Federal Election Campaign Act of 1971.
(c) Coordination With Other Agencies.--Any Federal executive agency
receiving election-related information which that agency is required by
law to publicly disclose shall cooperate and coordinate with the
Federal Election Commission to make such report available through, or
for posting on, the site of the Federal Election Commission in a timely
manner.
SEC. 503. ADDITIONAL MONTHLY AND QUARTERLY DISCLOSURE REPORTS.
(a) Principal Campaign Committees.--
(1) Monthly reports.--Section 304(a)(2)(A) of the Federal
Election Campaign Act of 1971 (2 U.S.C. 434(a)(2)(A)) is
amended by striking clause (iii) and inserting the following:
``(iii) additional monthly reports, which shall be
filed not later than the 20th day after the last day
of the month and shall be complete as of the last day of the month,
except that monthly reports shall not be required under this clause in
November and December and a year end report shall be filed not later
than January 31 of the following calendar year.''.
(2) Quarterly reports.--Section 304(a)(2)(B) of such Act is
amended by striking ``the following reports'' and all that
follows through the period and inserting ``the treasurer shall
file quarterly reports, which shall be filed not later than the
15th day after the last day of each calendar quarter, and which
shall be complete as of the last day of each calendar quarter,
except that the report for the quarter ending December 31 shall
be filed not later than January 31 of the following calendar
year.''.
(b) National Committee of a Political Party.--Section 304(a)(4) of
the Federal Election Campaign Act of 1971 (2 U.S.C. 434(a)(4)) is
amended by adding at the end the following flush sentence:
``Notwithstanding the preceding sentence, a national committee of a
political party shall file the reports required under subparagraph
(B).''.
(c) Conforming Amendments.--
(1) Section 304.--Section 304(a) of the Federal Election
Campaign Act of 1971 (2 U.S.C. 434(a)) is amended--
(A) in paragraph (3)(A)(ii), by striking
``quarterly reports'' and inserting ``monthly
reports''; and
(B) in paragraph (8), by striking ``quarterly
report under paragraph (2)(A)(iii) or paragraph
(4)(A)(i)'' and inserting ``monthly report under
paragraph (2)(A)(iii) or paragraph (4)(A)''.
(2) Section 309.--Section 309(b) of the Federal Election
Campaign Act of 1971 (2 U.S.C. 437g(b)) is amended by striking
``calendar quarter'' and inserting ``month''.
SEC. 504. PUBLIC ACCESS TO BROADCASTING RECORDS.
Section 315 of the Communications Act of 1934 (47 U.S.C. 315), as
amended by this Act, is amended by redesignating subsections (e) and
(f) as subsections (f) and (g), respectively, and inserting after
subsection (d) the following:
``(e) Political Record.--
``(1) In general.--A licensee shall maintain, and make
available for public inspection, a complete record of a request
to purchase broadcast time that--
``(A) is made by or on behalf of a legally
qualified candidate for public office; or
``(B) communicates a message relating to any
political matter of national importance, including--
``(i) a legally qualified candidate;
``(ii) any election to Federal office; or
``(iii) a national legislative issue of
public importance.
``(2) Contents of record.--A record maintained under
paragraph (1) shall contain information regarding--
``(A) whether the request to purchase broadcast
time is accepted or rejected by the licensee;
``(B) the rate charged for the broadcast time;
``(C) the date and time on which the communication
is aired;
``(D) the class of time that is purchased;
``(E) the name of the candidate to which the
communication refers and the office to which the
candidate is seeking election, the election to which
the communication refers, or the issue to which the
communication refers (as applicable);
``(F) in the case of a request made by, or on
behalf of, a candidate, the name of the candidate, the
authorized committee of the candidate, and the
treasurer of such committee; and
``(G) in the case of any other request, the name of
the person purchasing the time, the name, address, and
phone number of a contact person for such person, and a
list of the chief executive officers or members of the
executive committee or of the board of directors of
such person.
``(3) Time to maintain file.--The information required
under this subsection shall be placed in a political file as
soon as possible and shall be retained by the licensee for a
period of not less than 2 years.''.
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