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Re: Russ Feingold on illegal wiretapping and Leiberman and TWAT
continued:
Quote:
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 or at the request or suggestion of 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) TIME OF FILING OF CERTAIN STATEMENTS-
• (1) IN GENERAL- Section 304(g) of such Act, as added by subsection (a), is amended by adding at the end the following:
• `(4) TIME OF FILING FOR EXPENDITURES AGGREGATING $1,000- Notwithstanding subsection (a)(5), the time at which the statement under paragraph (1) is received by the Commission or any other recipient to whom the notification is required to be sent shall be considered the time of filing of the statement with the recipient.'.
• (2) CONFORMING AMENDMENTS- (A) Section 304(a)(5) of such Act (2 U.S.C. 434(a)(5)) is amended by striking `the second sentence of subsection (c)(2)' and inserting `subsection (g)(1)'.
• (B) Section 304(d)(1) of such Act (2 U.S.C. 434(d)(1)) is amended by inserting `or (g)' after `subsection (c)'.
SEC. 213. INDEPENDENT VERSUS COORDINATED EXPENDITURES BY PARTY.
• Section 315(d) of the Federal Election Campaign Act of 1971 (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, no committee of the political party may make--
• `(i) any coordinated expenditure under this subsection with respect to the candidate during the election cycle at any time after it makes any independent expenditure (as defined in section 301(17)) with respect to the candidate during the election cycle; or
• `(ii) any independent expenditure (as defined in section 301(17)) with respect to the candidate during the election cycle at any time after it makes any coordinated expenditure under this subsection with respect to the candidate during the election cycle.
• `(B) 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.
• `(C) TRANSFERS- A committee of a political party that makes coordinated expenditures under this subsection 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- Section 315(a)(7)(B) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(7)(B)) is amended--
• (1) by redesignating clause (ii) as clause (iii); and
• (2) by inserting after clause (i) the following new clause:
• `(ii) expenditures made by any person (other than a candidate or candidate's authorized committee) in cooperation, consultation, or concert with, or at the request or suggestion of, a national, State, or local committee of a political party, shall be considered to be contributions made to such party committee; and'.
• (b) REPEAL OF CURRENT REGULATIONS- The regulations on coordinated communications paid for by persons other than candidates, authorized committees of candidates, and party committees 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 the date by which the Commission is required to promulgate new regulations under subsection (c) (as described in section 402(c)(1)).
• (c) REGULATIONS BY THE FEDERAL ELECTION COMMISSION- The Federal Election Commission shall promulgate new regulations on coordinated communications paid for by persons other than candidates, authorized committees of candidates, and party committees. The regulations shall not require agreement or formal collaboration to establish coordination. In addition to any subject determined by the Commission, the regulations shall address--
• (1) payments for the republication of campaign materials;
• (2) payments for the use of a common vendor;
• (3) payments for communications directed or made by persons who previously served as an employee of a candidate or a political party; and
• (4) payments for communications made by a person after substantial discussion about the communication with a candidate or a political party.
• (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, without limitation, 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 not 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.'.
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De duobus malis, minus est semper eligendum
Last edited by MattLarson; 08-17-2006 at 07:36 AM.
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