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Re: Russ Feingold on illegal wiretapping and Leiberman and TWAT
Here is the legislation as it was adopted:
Quote:
H.R.2356
One Hundred Seventh Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the twenty-third day of January, two thousand and two
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 2002'.
• (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 limit for State committees of political parties.
• 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. Limitation on availability of lowest unit charge for Federal candidates attacking opposition.
• Sec. 306. Software for filing reports and prompt disclosure of contributions.
• Sec. 307. Modification of contribution limits.
• Sec. 308. Donations to Presidential inaugural committee.
• Sec. 309. Prohibition on fraudulent solicitation of funds.
• Sec. 310. Study and report on clean money clean elections laws.
• Sec. 311. Clarity standards for identification of sponsors of election-related advertising.
• Sec. 312. Increase in penalties.
• Sec. 313. Statute of limitations.
• Sec. 314. Sentencing guidelines.
• Sec. 315. Increase in penalties imposed for violations of conduit contribution ban.
• Sec. 316. Restriction on increased contribution limits by taking into account candidate's available funds.
• Sec. 317. Clarification of right of nationals of the United States to make political contributions.
• Sec. 318. Prohibition of contributions by minors.
• Sec. 319. Modification of individual contribution limits for House candidates in response to expenditures from personal funds.
TITLE IV--SEVERABILITY; EFFECTIVE DATE
• Sec. 401. Severability.
• Sec. 402. Effective dates and regulations.
• 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 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 of 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 for an activity described in either such clause to the extent the amounts expended or disbursed for such activity are allocated (under regulations prescribed by the Commission) among amounts--
• `(i) which consist solely of contributions subject to the limitations, prohibitions, and reporting requirements of this Act (other than amounts described in subparagraph (B)(iii)); and
• `(ii) other amounts which are not subject to the limitations, prohibitions, and reporting requirements of this Act (other than any requirements of this subsection).
• `(B) CONDITIONS- Subparagraph (A) shall only apply if--
• `(i) the activity does not refer to a clearly identified candidate for Federal office;
• `(ii) the amounts expended or disbursed are not for the costs of any broadcasting, cable, or satellite communication, other than a communication which refers solely to a clearly identified candidate for State or local office;
• `(iii) the amounts expended or disbursed which are described in subparagraph (A)(ii) are paid from amounts which are donated in accordance with State law and which meet the requirements of subparagraph (C), except that no person (including any person established, financed, maintained, or controlled by such person) may donate more than $10,000 to a State, district, or local committee of a political party in a calendar year for such expenditures or disbursements; and
• `(iv) the amounts expended or disbursed are made solely from funds raised by the State, local, or district committee which makes such expenditure or disbursement, and do not include any funds provided to such committee from--
• `(I) any other State, local, or district committee of any State party,
• `(II) the national committee of a political party (including a national congressional campaign committee of a political party),
• `(III) any officer or agent acting on behalf of any committee described in subclause (I) or (II), or
• `(IV) any entity directly or indirectly established, financed, maintained, or controlled by any committee described in subclause (I) or (II).
• `(C) PROHIBITING INVOLVEMENT OF NATIONAL PARTIES, FEDERAL CANDIDATES AND OFFICEHOLDERS, AND STATE PARTIES ACTING JOINTLY- Notwithstanding subsection (e) (other than subsection (e)(3)), amounts specifically authorized to be spent under subparagraph (B)(iii) meet the requirements of this subparagraph only if the amounts--
• `(i) are not solicited, received, directed, transferred, or spent by or in the name of any person described in subsection (a) or (e); and
• `(ii) are not solicited, received, or directed through fundraising activities conducted jointly by 2 or more State, local, or district committees of any political party or their agents, or by a State, local, or district committee of a political party on behalf of the State, local, or district committee of a political party or its agent in one or more other States.
• `(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 or was 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) PERMITTING CERTAIN SOLICITATIONS-
• `(A) GENERAL SOLICITATIONS- Notwithstanding any other provision of this subsection, an individual described in paragraph (1) may make a general solicitation of funds on behalf of any 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) (other than an entity whose principal purpose is to conduct activities described in clauses (i) and (ii) of section 301(20)(A)) where such solicitation does not specify how the funds will or should be spent.
• `(B) CERTAIN SPECIFIC SOLICITATIONS- In addition to the general solicitations permitted under subparagraph (A), an individual described in paragraph (1) may make a solicitation explicitly to obtain funds for carrying out the activities described in clauses (i) and (ii) of section 301(20)(A), or for an entity whose principal purpose is to conduct such activities, if--
• `(i) the solicitation is made only to individuals; and
• `(ii) the amount solicited from any individual during any calendar year does not exceed $20,000.
• `(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 to pay for a Federal election activity described in subparagraph (A);
• `(iii) the costs of a State, district, or local political convention; and
• `(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.
• `(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.'.
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De duobus malis, minus est semper eligendum
Last edited by MattLarson; 08-17-2006 at 07:31 AM.
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