107TH CONGRESS
1ST SESSION
S.
AN ACT
To amend the Federal
Election Campaign Act of 1971 to
provide bipartisan
campaign reform.
Be it enacted by
the Senate and House of Representa-
tives 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 expendi-
tures 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. Television
media rates for national parties conditioned on adherence
to existing
coordinated spending limits.
Sec. 310. Donations
to Presidential Inaugural Committee.
Sec. 311. Prohibition
on fraudulent solicitation of funds.
Sec. 312. Study and
report on clean money clean elections laws.
Sec. 313. Clarity
standards for identification of sponsors of election-related ad-
vertising.
Sec. 314. Increase in
penalties.
Sec. 315. Statute of
limitations.
Sec. 316. Sentencing
guidelines.
Sec. 317. Increase in
penalties imposed for violations of conduit contribution
ban.
Sec. 318. Restriction
on increased contribution limits by taking into account
candidate's available
funds.
TITLE IV
SEVERABILITY; EFFECTIVE DATE
Sec. 401.
Severability.
Sec. 402. Effective
date.
Sec. 403. Expedited
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 so-
licit, receive, or
direct to another person a contribu-
tion, donation, or
transfer of funds or any other
thing of value, or
spend any funds, that are not sub-
ject to the
limitations, prohibitions, and reporting
requirements of this
Act.
``(2) APPLICABILITY. The prohibition estab-
lished 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 indi-
rectly established,
financed, maintained, or con-
trolled by such a
national committee.
``(b) STATE, DISTRICT, AND LOCAL COMMITTEES.
``(1) IN GENERAL. (A) Except as
provided in
paragraph (2), an
amount that is expended or dis-
bursed for Federal
election activity by a State, dis-
trict, or local
committee of a political party (includ-
ing an entity that is
directly or indirectly estab-
lished, 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 indi-
rectly established,
financed, maintained, or con-
trolled by or acting
on behalf of 1 or more can-
didates for State or
local office, or individuals hold-
ing State or local
office, shall be made from funds
subject to the
limitations, prohibitions, and reporting
requirements of this
Act.
``(B) Nothing in this
subsection shall prevent
the authorized
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 a
clearly identified
candidate for election to Federal
office.
``(2) APPLICABILITY.
``(A) IN GENERAL. Notwithstanding
clause (i) or (ii) of
section 301(20)(A), and sub-
ject to subparagraph
(B), paragraph (1) shall
not apply to any
amount expended or disbursed
by a State, district,
or local committee of a po-
litical party for an
activity described in either
such clause to the
extent the expenditures or
disbursements for
such activity are allocated
under regulations
prescribed by the Commission
as expenditures or
disbursements that may be
paid from funds not
subject to the limitations,
prohibitions, and
reporting requirements of this
Act.
``(B) CONDITIONS. Subparagraph (A)
shall only apply if
``(i) the activity
does not refer to a
clearly identified
candidate for Federal of-
fice; and
``(ii) the
expenditures or disburse-
ments described in
subparagraph (A) are
paid directly or
indirectly from amounts
donated in accordance
with State law, ex-
cept that no person
(and any person estab-
lished, financed,
maintained, or controlled
by such person) may
donate more than
$10,000 to a State,
district or local com-
mittee of a political
party in a calendar
year to be used for
the expenditures or dis-
bursements described
in subparagraph (A).
``(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 sub-
ject to the
limitations, prohibitions, and reporting require-
ments of this Act.
``(d) TAX-EXEMPT ORGANIZATIONS. A national,
State, district, or
local committee of a political party (in-
cluding 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 deter-
mination 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 in-
dividual holding
Federal office, or an entity directly
or indirectly
established, financed, maintained or
controlled by or
acting on behalf of 1 or more can-
didates 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 re-
quirements 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 dis-
burse 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 of-
fice.
``(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 a
clearly identified candidate for elec-
tion 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 Elec-
tion 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 sched-
uled 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 ap-
pears on the ballot
(regardless of whether
a candidate for State
or local office also
appears on the
ballot);
``(iii) a public
communication that re-
fers 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 of-
fice (regardless of
whether the communica-
tion 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 indi-
vidual's compensated
time during that
month on activities
in connection with a
Federal election.
``(B) ALTERNATE DEFINITION
IF SUB-
PARAGRAPH (A)(iii) HELD UNCONSTITU-
TIONAL. If clause (iii) of
subparagraph (A) is
held to be
unconstitutional in a final decision by
a court of competent
jurisdiction, then in lieu of
the provisions of
that clause, subparagraph (A)
shall be applied as
if it contained a clause (iii)
that read `a
broadcast, cable, or satellite com-
munication that
`` `(i) promotes or
supports a can-
didate for Federal
office, or attacks or op-
poses a candidate for
Federal office, with-
out regard to whether
the communication
advocates a vote for
or against a can-
didate; and
`` `(ii) is
suggestive of no plausible
meaning other than an
exhortation to vote
for or against a
specific candidate.'.
``(C) EXCLUDED ACTIVITY. The term
`Federal election
activity' does not include an
amount expended or
disbursed by a State, dis-
trict, or local
committee of a political party
for
``(i) a public
communication that re-
fers solely to a
clearly identified candidate
for State or local
office, if the communica-
tion is not a Federal
election activity de-
scribed in
subparagraph (A)(i) or (ii);
``(ii) a contribution
to a candidate for
State or local
office, provided the contribu-
tion is not
designated or used to pay for a
Federal election
activity described in sub-
paragraph (A);
``(iii) the costs of
a State, district, or
local political
convention;
``(iv) the costs of
grassroots campaign
materials, including
buttons, bumper stick-
ers, and yard signs,
that name or depict
only a candidate for
State or local office;
and
``(v) the cost of
constructing or pur-
chasing 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 commu-
nication, newspaper,
magazine, outdoor advertising
facility, mass
mailing, or telephone bank to the gen-
eral public, or any
other form of general public polit-
ical advertising.
``(23) MASS MAILING. The term `mass
mail-
ing' 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 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 INDI-
VIDUALS.
(a) CONTRIBUTION LIMIT
FOR STATE COMMITTEES
OF POLITICAL PARTIES. Section
315(a)(1) of the Fed-
eral 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 ``com-
mittee''; 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 INDI-
VIDUAL. Section 315(a)(3)
of the Federal Election Cam-
paign 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 POLIT-
ICAL 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 dis-
bursements during the
reporting period.
``(2) OTHER POLITICAL
COMMITTEES TO WHICH
SECTION 323 APPLIES. In addition to
any other re-
porting requirements
applicable under this Act, a
political committee
(not described in paragraph (1))
to which section
323(b)(1)(A) applies shall report all
receipts and
disbursements made for activities de-
scribed in section
301(20)(A), other than activities
described in section
323(b)(1)(B).
``(3) ITEMIZATION. If a political
committee
has receipts or
disbursements to which this sub-
section applies from
any person aggregating in ex-
cess of $200 for any
calendar year, the political
committee shall
separately itemize its reporting for
such person in the
same manner as required in para-
graphs (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 DEFINI-
TION OF CONTRIBUTION. Section
301(8)(B) of the Fed-
eral 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 COMMUNICA-
TIONS.
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 sub-
section:
``(f) ADDITIONAL STATEMENTS
ON ELECTIONEERING
COMMUNICATIONS.
``(1) STATEMENT REQUIRED. Every person
who makes a
disbursement for electioneering com-
munications in an
aggregate amount in excess of
$10,000 during any
calendar year shall, within 24
hours of each
disclosure date, file with the Commis-
sion a statement
containing the information de-
scribed in paragraph
(2).
``(2) CONTENTS OF STATEMENT. Each state-
ment 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 mak-
ing 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 indi-
vidual.
``(C) The amount of
each disbursement of
more than $200 during
the period covered by
the statement and the
identification of the per-
son to whom the
disbursement was made.
``(D) The elections
to which the election-
eering 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 directly
to this account for
electioneering communica-
tions, the names and
addresses of all contribu-
tors who contributed
an aggregate amount of
$1,000 or more to
that account during the pe-
riod 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
organization during the period be-
ginning on the first
day of the preceding cal-
endar year and ending
on the disclosure date.
``(3) ELECTIONEERING
COMMUNICATION. For
purposes of this
subsection
``(A)(i) IN GENERAL. The term
`election-
eering communication'
means any broadcast,
cable, or satellite
communication which
``(I) refers to a
clearly identified can-
didate for Federal
office;
``(II) is made within
``(aa) 60 days before
a general,
special, or runoff
election for such
Federal office; 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
such Federal office;
and
``(III) is made to an
audience that in-
cludes members of the
electorate for such
election, convention,
or caucus; and
``(ii) if clause (i)
of paragraph (3)(A) is
held to be
constitutionally insufficient by final
judicial decision to
support the regulation pro-
vided herein, then
the term `electioneering com-
munication' means any
broadcast, cable, or sat-
ellite communication
which promotes or sup-
ports a candidate for
that office, or attacks or
opposes a candidate
for that office (regardless
of whether the
communication expressly advo-
cates 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 subsection
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
`election-
eering communication'
does not include
``(i) a communication
appearing in a
news story,
commentary, or editorial dis-
tributed 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 con-
stitutes 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 dis-
closure date for such
calendar year.
``(5) CONTRACTS TO DISBURSE. For purposes
of this subsection, a
person shall be treated as hav-
ing made a
disbursement if the person has executed
a contract to make
the disbursement.
``(6) COORDINATION WITH
OTHER REQUIRE-
MENTS. Any requirement to
report under this sub-
section shall be in
addition to any other reporting
requirement under
this Act.''.
SEC. 202. COORDINATED
COMMUNICATIONS AS CONTRIBU-
TIONS.
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 sub-
paragraph (D); and
(2) by inserting
after subparagraph (B) the fol-
lowing:
``(C) if
``(i) any person
makes, or contracts to
make, any
disbursement for any election-
eering communication
(within the meaning
of section
304(f)(3)); and
``(ii) such
disbursement is coordinated
with a candidate or
an authorized com-
mittee of such
candidate, a Federal, State,
or local political
party or committee there-
of, or an agent or
official of any such can-
didate, party, or
committee;
such disbursement or
contracting shall be treat-
ed 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 DIS-
BURSEMENTS FOR
ELECTIONEERING COM-
MUNICATIONS.
(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 COMMUNICA-
TION. Section 316 of
such Act is amended by adding at
the end the
following:
``(c) RULES RELATING TO
ELECTIONEERING COM-