[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2360 Reported in House (RH)]
Union Calendar No. 74
107th CONGRESS
1st Session
H. R. 2360
[Report No. 107-132]
To amend the Federal Election Campaign Act of 1971 to restrict the use
of non-Federal funds by national political parties, to revise the
limitations on the amount of certain contributions which may be made
under such Act, to promote the availability of information on
communications made with respect to campaigns for Federal elections,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 28, 2001
Mr. Ney (for himself, Mr. Wynn, Mr. Sweeney, Mr. Mica, Mr. Reynolds,
Mr. LaTourette, Mr. Peterson of Pennsylvania, Mr. Hobson, Ms. Dunn of
Washington, Mr. Cunningham, Mr. Taylor of North Carolina, Mr.
Traficant, Ms. Pryce of Ohio, Mr. Blunt, Mr. Ehlers, Mr. Ballenger, and
Mr. Norwood) introduced the following bill; which was referred to the
Committee on House Administration
July 10, 2001
Additional sponsors: Mr. Portman and Mr. Forbes
July 10, 2001
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on June
28, 2001]
_______________________________________________________________________
A BILL
To amend the Federal Election Campaign Act of 1971 to restrict the use
of non-Federal funds by national political parties, to revise the
limitations on the amount of certain contributions which may be made
under such Act, to promote the availability of information on
communications made with respect to campaigns for Federal elections,
and for other purposes.
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 ``Campaign Reform
and Citizen Participation Act of 2001''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--SOFT MONEY OF NATIONAL PARTIES
Sec. 101. Restrictions on soft money of national political parties.
TITLE II--MODIFICATION OF CONTRIBUTION LIMITS
Sec. 201. Increase in limits on certain contributions.
Sec. 202. Increase in limits on contributions to State parties.
Sec. 203. Treatment of contributions to national party under aggregate
annual limit on individual contributions.
Sec. 204. Exemption of costs of volunteer campaign materials produced
and distributed by parties from treatment
as contributions and expenditures.
Sec. 205. Indexing.
TITLE III--DISCLOSURE OF ELECTION-RELATED COMMUNICATIONS
Sec. 301. Disclosure of information on communications broadcast prior
to election.
Sec. 302. Disclosure of information on targeted mass communications.
TITLE IV--EFFECTIVE DATE
Sec. 401. Effective date.
TITLE I--SOFT MONEY OF NATIONAL PARTIES
SEC. 101. RESTRICTIONS ON SOFT MONEY OF NATIONAL POLITICAL PARTIES.
Title III of the Federal Election Campaign Act of 1971 (2 U.S.C.
431 et seq.) is amended by adding at the end the following new section:
``soft money of national political parties
``Sec. 323. (a) Prohibiting Use of Soft Money for Federal Election
Activity.--A national committee of a political party (including a
national congressional campaign committee of a political party) may not
solicit, receive, or direct to another person a contribution, donation,
or transfer of funds or any other thing of value for Federal election
activity, or spend any funds for Federal election activity, that are
not subject to the limitations, prohibitions, and reporting
requirements of this Act.
``(b) Limit on Amount of Nonfederal Funds Provided to Party by Any
Person for Any Purpose.--No person shall make contributions, donations,
or transfers of funds which are not subject to the limitations and
prohibitions of this Act to a political committee established and
maintained by a national political party in any calendar year in an
aggregate amount equal to or greater than $75,000.
``(c) Applicability.-- This subsection shall apply to any political
committee established and maintained by a national political party, any
officer or agent of such a committee acting on behalf of the committee,
and any entity that is directly or indirectly established, maintained,
or controlled by such a national committee.
``(d) Definitions.--
``(1) Federal election activity.--
``(A) In general.--The term `Federal election
activity' means--
``(i) voter registration activity during
the period that begins on the date that is 120
days before the date a regularly scheduled
Federal election is held and ends on the date
of the election, unless the activity
constitutes generic campaign activity;
``(ii) voter identification or get-out-the-
vote activity conducted in connection with an
election in which a candidate for Federal
office appears on the ballot (regardless of
whether a candidate for State or local office
also appears on the ballot), unless the
activity constitutes generic campaign activity;
``(iii) any public communication that
refers to or depicts a clearly identified
candidate for Federal office (regardless of
whether a candidate for State or local office
is also mentioned or identified) and that
promotes or supports a candidate for that
office, or attacks or opposes a candidate for
that office (regardless of whether the
communication expressly advocates a vote for or
against a candidate); or
``(iv) any public communication made by
means of any broadcast, cable, or satellite
communication.
``(B) Exception for certain administrative
activities.--The term `Federal election activity' does
not include any activity relating to establishment,
administration, or solicitation costs of a political
committee established and maintained by a national
political party, so long as the funds used to carry out
the activity are derived from funds or payments made to
the committee which are segregated and used exclusively
to defray the costs of such activities.
``(2) Generic campaign activity.--The term `generic
campaign activity' means any activity that does not mention,
depict, or otherwise promote a clearly identified Federal
candidate.
``(3) Public communication.--The term `public
communication' means a communication by means of any broadcast,
cable, or satellite communication, newspaper, magazine, outdoor
advertising facility, or direct mail.
``(4) Direct mail.--The term `direct mail' means a mailing
by a commercial vendor or any mailing made from a commercial
list.''.
TITLE II--MODIFICATION OF CONTRIBUTION LIMITS
SEC. 201. INCREASE IN LIMITS ON CERTAIN CONTRIBUTIONS.
(a) Contributions by Individuals to National Parties.--Section
315(a)(1)(B) of the Federal Election Campaign Act of 1971 (2 U.S.C.
441a(a)(1)(B)) is amended by striking ``$20,000'' and inserting
``$30,000''.
(b) Contributions by Committees to National Parties.--Section
315(a)(2)(B) of such Act (2 U.S.C. 441a(a)(2)(B)) is amended by
striking ``$15,000'' and inserting ``$30,000''.
(c) Aggregate Annual Limit on Contributions by Individuals.--
Section 315(a)(3) of such Act (2 U.S.C. 441a(a)(3)) is amended by
striking ``$25,000'' and inserting ``$37,500''.
SEC. 202. INCREASE IN LIMITS ON CONTRIBUTIONS TO STATE PARTIES.
(a) Contributions by Individuals.--Section 315(a)(1) of the Federal
Election Campaign Act of 1971 (2 U.S.C. 441a(a)(1)) is amended--
(1) in subparagraph (B), by striking ``or'' at the end;
(2) in subparagraph (C)--
(A) by inserting ``(other than a committee
described in subparagraph (D))'' after ``committee'';
and
(B) by striking the period at the end and inserting
``; or''; and
(3) by adding at the end the following:
``(D) to a political committee established and maintained
by a State committee of a political party in any calendar year
which, in the aggregate, exceed $10,000.''.
(b) Contributions by Committees.--Section 315(a)(2) of the Federal
Election Campaign Act of 1971 (2 U.S.C. 441a(a)(2)) is amended--
(1) in subparagraph (B), by striking ``or'' at the end;
(2) in subparagraph (C)--
(A) by inserting ``(other than a committee
described in subparagraph (D))'' after ``committee'';
and
(B) by striking the period at the end and inserting
``; or''; and
(3) by adding at the end the following:
``(D) to a political committee established and maintained
by a State committee of a political party in any calendar year
which, in the aggregate, exceed $10,000.''.
SEC. 203. TREATMENT OF CONTRIBUTIONS TO NATIONAL PARTY UNDER AGGREGATE
ANNUAL LIMIT ON INDIVIDUAL CONTRIBUTIONS.
Section 315(a)(3) of the Federal Election Campaign Act of 1971 (2
U.S.C. 441(a)(3)) is amended--
(1) by striking ``(3)'' and inserting ``(3)(A)''; and
(2) by adding at the end the following new subparagraph:
``(B) Subparagraph (A) shall not apply with respect to any
contribution made to any political committee established and maintained
by a national political party which is not the authorized political
committee of any candidate.''.
SEC. 204. EXEMPTION OF COSTS OF VOLUNTEER CAMPAIGN MATERIALS PRODUCED
AND DISTRIBUTED BY PARTIES FROM TREATMENT AS
CONTRIBUTIONS AND EXPENDITURES.
(a) Treatment as Contributions.--Section 301(8)(B)(x) of the
Federal Election Campaign Act of 1971 (2 U.S.C. 431(8)(B)(x)) is
amended by striking ``a State or local committee of a political party
of the costs of'' and inserting ``a national, State, or local committee
of a political party of the costs of producing and distributing''.
(b) Treatment as Expenditures.--Section 301(9)(B)(viii) of the
Federal Election Campaign Act of 1971 (2 U.S.C. 431(9)(B)(viii)) is
amended by striking ``a State or local committee of a political party
of the costs of'' and inserting ``a national, State, or local committee
of a political party of the costs of producing and distributing''.
SEC. 205. INDEXING.
Section 315(c) of the Federal Election Campaign Act of 1971 (2
U.S.C. 441a(c)) is amended--
(1) in paragraph (1)--
(A) by striking the second and third sentences;
(B) by inserting ``(A)'' before ``At the
beginning''; and
(C) by adding at the end the following:
``(B) Except as provided in subparagraph (C), in any calendar year
after 2002--
``(i) a limitation established by subsections (a), (b),
(d), or (h) shall be increased by the percent difference
determined under subparagraph (A);
``(ii) each amount so increased shall remain in effect for
the calendar year; and
``(iii) if any amount after adjustment under clause (i) is
not a multiple of $100, such amount shall be rounded to the
nearest multiple of $100.
``(C) In the case of limitations under subsections (a) and (h),
increases shall only be made in odd-numbered years and such increases
shall remain in effect for the 2-year period beginning on the first day
following the date of the last general election in the year preceding
the year in which the amount is increased and ending on the date of the
next general election.''; and
(2) in paragraph (2)(B), by striking ``means the calendar
year 1974'' and inserting ``means--
``(i) for purposes of subsections (b) and (d),
calendar year 1974; and
``(ii) for purposes of subsections (a) and (h),
calendar year 2001''.
TITLE III--DISCLOSURE OF ELECTION-RELATED COMMUNICATIONS
SEC. 301. DISCLOSURE OF INFORMATION ON COMMUNICATIONS BROADCAST PRIOR
TO ELECTION.
Section 304 of the Federal Election Campaign Act of 1971 (2 U.S.C.
434), as amended by section 502(a) of the Department of Transportation
and Related Agencies Act, 2001 (as enacted into law by reference under
section 101(a) of Public Law 106-346), is amended by adding at the end
the following new subsection:
``(e) Disclosure of Information on Certain Communications Broadcast
Prior to Elections.--
``(1) In general.--Any person who makes a disbursement for
a communication described in paragraph (3) shall, not later
than 24 hours after making the disbursement, file with the
Commission a statement containing the information required
under paragraph (2).
``(2) Contents of statement.--Each statement required to be
filed under this subsection shall be made under penalty of
perjury and shall contain the following information:
``(A) The identification of the person making the
disbursement, of any individual or entity sharing or
exercising direction or control over the activities of
such person, and of the custodian of the books and
accounts of the person making the disbursement.
``(B) The principal place of business and phone
number of the person making the disbursement, if not an
individual.
``(C) The amount of the disbursement.
``(D) The clearly identified candidate or
candidates to which the communication pertains and the
names (if known) of the candidates identified or to be
identified in the communication.
``(E) The text of the communication involved.
``(3) Communications described.--
``(A) In general.--A communication described in
this paragraph is any communication--
``(i) which is disseminated to the public
by means of any broadcast, cable, or satellite
communication during the 120-day period ending
on the date of a Federal election; and
``(ii) which mentions a clearly identified
candidate for such election (by name, image, or
likeness).
``(B) Exception.--A communication is not described
in this paragraph if--
``(i) the communication appears in a news
story, commentary, or editorial distributed
through the facilities of any broadcasting
station, unless such facilities are owned or
controlled by any political party, political
committee, or candidate; or
``(ii) the communication constitutes an
expenditure under this Act.
``(4) Coordination with other requirements.--Any
requirement to file a statement under this subsection shall be
in addition to any other reporting requirement under this Act.
``(5) Clarification of treatment of vendors.--A person
shall not be considered to have made a disbursement for a
communication under this subsection if the person made the
disbursement solely as a vendor acting pursuant to a
contractual agreement with the person responsible for
sponsoring the communication.''.
SEC. 302. DISCLOSURE OF INFORMATION ON TARGETED MASS COMMUNICATIONS.
Section 304 of the Federal Election Campaign Act of 1971 (2 U.S.C.
434), as amended by section 301, is further amended by adding at the
end the following new subsection:
``(f) Disclosure of Information on Targeted Mass Communications.--
``(1) In general.--Any person who makes a disbursement for
targeted mass communications in an aggregate amount in excess
of $50,000 during any calendar year shall, within 24 hours of
each disclosure date, file with the Commission a statement
containing the information described in paragraph (2).
``(2) Contents of statement.--Each statement required to be
filed under this subsection shall be made under penalty of
perjury and shall contain the following information:
``(A) The identification of the person making the
disbursement, of any individual or entity sharing or
exercising direction or control over the activities of
such person, and of the custodian of the books and
accounts of the person making the disbursement.
``(B) The principal place of business and phone
number of the person making the disbursement, if not an
individual.
``(C) The amount of each such disbursement of more
than $200 made by the person during the period covered
by the statement and the identification of the person
to whom the disbursement was made.
``(D) The clearly identified candidate or
candidates to which the communication pertains and the
names (if known) of the candidates identified or to be
identified in the communication.
``(E) The text of the communication involved.
``(3) Targeted mass communication defined.--
``(A) In general.--In this subsection, the term
`targeted mass communication' means any communication--
``(i) which is disseminated during the 120-
day period ending on the date of a Federal
election;
``(ii) which refers to or depicts a clearly
identified candidate for such election (by
name, image, or likeness); and
``(iii) which is targeted to the relevant
electorate.
``(B) Targeting to relevant electorate.--
``(i) Broadcast communications.--For
purposes of this paragraph, a communication
disseminated to the public by means of any
broadcast, cable, or satellite communication
which refers to or depicts a clearly identified
candidate for Federal office is `targeted to
the relevant electorate' if the communication
is disseminated by a broadcaster whose audience
includes--
``(I) a substantial number of
residents of the district the candidate
seeks to represent (as determined in
accordance with regulations of the
Commission), in the case of a candidate
for Representative in, or Delegate or
Resident Commissioner to, the Congress;
or
``(II) a substantial number of
residents of the State the candidate
seeks to represent (as determined in
accordance with regulations of the
Commission), in the case of a candidate
for Senator.
``(ii) Other communications.--For purposes
of this paragraph, a communication which is not
described in clause (i) which refers to or
depicts a clearly identified candidate for
Federal office is `targeted to the relevant
electorate' if--
``(I) more than 10 percent of the
total number of intended recipients of
the communication are members of the
electorate involved with respect to
such Federal office; or
``(II) more than 10 percent of the
total number of members of the
electorate involved with respect to
such Federal office receive the
communication.
``(C) Exceptions.--The term `targeted mass
communication' does not include--
``(i) a communication appearing in a news
story, commentary, or editorial distributed
through the facilities of any broadcasting
station, newspaper, magazine, or other
periodical publication, unless such facilities
are owned or controlled by any political party,
political committee, or candidate;
``(ii) a communication made by any
membership organization (including a labor
organization) or corporation solely to its
members, stockholders, or executive or
administrative personnel, if such membership
organization or corporation is not organized
primarily for the purpose of influencing the
nomination for election, or election, of any
individual to Federal office; or
``(iii) a communication which constitutes
an expenditure under this Act.
``(4) Disclosure date.--For purposes of this subsection,
the term `disclosure date' means--
``(A) the first date during any calendar year by
which a person has made disbursements for targeted mass
communications aggregating in excess of $50,000; and
``(B) any other date during such calendar year by
which a person has made disbursements for targeted mass
communications aggregating in excess of $50,000 since
the most recent disclosure date for such calendar year.
``(5) Coordination with other requirements.--Any
requirement to report under this subsection shall be in
addition to any other reporting requirement under this Act.
``(6) Clarification of treatment of vendors.--A person
shall not be considered to have made a disbursement for a
communication under this subsection if the person made the
disbursement solely as a vendor acting pursuant to a
contractual agreement with the person responsible for
sponsoring the communication.''.
TITLE IV--EFFECTIVE DATE
SEC. 401. EFFECTIVE DATE.
The amendments made by this Act shall apply with respect to
elections occurring after December 2002.
Union Calendar No. 74
107th CONGRESS
1st Session
H. R. 2360
[Report No. 107-132]
_______________________________________________________________________
A BILL
To amend the Federal Election Campaign Act of 1971 to restrict the use
of non-Federal funds by national political parties, to revise the
limitations on the amount of certain contributions which may be made
under such Act, to promote the availability of information on
communications made with respect to campaigns for Federal elections,
and for other purposes.
_______________________________________________________________________
July 10, 2001
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed