McCain-Feingold - Title II - Noncandidate Campaign Expenditures

The House passed HR 2356 on 14 February 2002 by a vote of 240-189. The Senate concurred on 20 March 2002, by a vote of 60-40. From the Congressional Research Service:

Bipartisan Campaign Reform Act of 2002

Title II: Noncandidate Campaign Expenditures
Subtitle A: Electioneering Communications

Amends FECA to require disclosure to the FEC of electioneering communications by any spender exceeding an aggregate of $10,000 per year in disbursements for them (including contracts to disburse), within 24 hours of each specified disbursement date (disclosure date).

(Sec. 201) Requires such disclosure to include:

1. identification of spender, of any person with control over the activities of such person, and of the custodian of the spender's books and accounts;
2. the spender's principal place of business (if the spender is not an individual);
3. amount of disbursements of over $200 and identification of recipient;
4. the election and candidates to which communications pertain; and
5. identification of all contributors of $1,000 or more (either to a separate segregated fund or, if none, to the spender).

Defines electioneering communication as any broadcast, cable, or satellite communication that refers to a clearly identified Federal candidate, made within 60 days of a general, special, or runoff election, or within 30 days of a primary or preference election, or a convention or caucus of a political party that has authority to nominate a candidate, for the office the candidate seeks, and, in the case of a communication that refers to a candidate for an office other than President or Vice President, is targeted to the relevant electorate. Provides an alternative definition of the term if the first definition is held to be constitutionally insufficient. Lists exceptions to the definition of electioneering communication. Provides that a communication that refers to a clearly identified candidate for Federal office is "targeted to the relevant electorate" if the communication can be received by 50,000 or more persons in the district the candidate seeks to represent, in the case of a candidate for Representative in, or Delegate or Resident Commissioner to, Congress or in the State the candidate seeks to represent, in the case of a candidate for Senator. Directs the Federal Communications Commission (FCC) to compile, maintain, and publicize on its website any information the FEC may require to carry out these requirements.

(Sec. 202) Treats an electioneering communication that is coordinated with a candidate or an authorized committee of such candidate, a Federal, State, or local political party or committee thereof, or an agent or official of any such candidate, party, or committee as a contribution to, and expenditure by, such candidate or such party.

(Sec. 203) Bans disbursements for electioneering communications from union or certain corporate funds, except certain tax-exempt corporations making electioneering communications:

1. paid for exclusively with funds provided directly by individuals who are citizens or permanent resident aliens; and
2. which are not targeted electioneering communications.

Subtitle B: Independent and Coordinated Expenditures - Amends FECA to define independent expenditure as an expenditure by a person expressly advocating the election or defeat of a clearly identified candidate, and 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) Outlines reporting requirements for certain independent expenditures, including the time frame for filing reports with the FEC on independent expenditures aggregating $1,000 or more and $10,000 or more.

(Sec. 213) Prohibits a committee of a political party from making both independent and coordinated expenditures for a general election candidate.

(Sec. 214) Provides that 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.

Repeals current FEC regulations, and directs the FEC to promulgate new regulations on coordinated communications paid for by persons other than candidates, authorized committees of candidates, and party committees. Prohibits such regulations from requiring agreement or formal collaboration to establish coordination.