Home > 107th Congressional Bills > S. 27 (is) To amend the Federal Election Campaign Act of 1971 to provide bipartisan campaign reform. [Introduced in Senate] ...

S. 27 (is) To amend the Federal Election Campaign Act of 1971 to provide bipartisan campaign reform. [Introduced in Senate] ...


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107th CONGRESS
  1st Session
                                 S. 27

_______________________________________________________________________

                                 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 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. 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 advertising.
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 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.--
            ``(1) In general.--(A) 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 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.
            ``(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 subject to subparagraph 
                (B), paragraph (1) shall not apply to any amount 
                expended or disbursed by a State, district, or local 
                committee of a political party for an activity 
                described in either such clause to the extent the 
                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 
                        office; and
                            ``(ii) the expenditures or disbursements 
                        described in subparagraph (A) are paid directly 
                        or indirectly from amounts donated in 
                        accordance with State law, except that no 
                        person (and 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 to be used for the expenditures 
                        or disbursements 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 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 a 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); 
                        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) Alternate definition if subparagraph (A)(iii) 
                held unconstitutional.--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 communication that--
                            ```(i) promotes or supports a candidate for 
                        Federal office, or attacks or opposes a 
                        candidate for Federal office, without regard to 
                        whether the communication advocates a vote for 
                        or against a candidate; 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, 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 

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