[107th Congress Public Law 155]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ155.107]
[[Page 116 STAT. 81]]
Public Law 107-155
107th Congress
An Act
To amend the Federal Election Campaign Act of 1971 to provide bipartisan
campaign reform. <<NOTE: Mar. 27, 2002 - [H.R. 2356]>>
Be it enacted by the Senate and House of Representatives of the
United States of America <<NOTE: Bipartisan Campaign Reform Act of
2002. 2 USC 431 note.>> 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.
[[Page 116 STAT. 82]]
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. <<NOTE: 2 USC 441i.>> 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
[[Page 116 STAT. 83]]
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
[[Page 116 STAT. 84]]
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
[[Page 116 STAT. 85]]
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
[[Page 116 STAT. 86]]
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.''.
SEC. 102. INCREASED CONTRIBUTION LIMIT FOR STATE COMMITTEES OF POLITICAL
PARTIES.
Section 315(a)(1) of the Federal Election Campaign Act of 1971 (2
U.S.C. 441a(a)(1)) is amended--
[[Page 116 STAT. 87]]
(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. 103. REPORTING REQUIREMENTS.
(a) Reporting Requirements.--Section 304 of the Federal Election
Campaign Act of 1971 (2 U.S.C. 434) is amended by adding at the end the
following:
``(e) Political Committees.--
``(1) National and congressional political committees.--The
national committee of a political party, any national
congressional campaign committee of a political party, and any
subordinate committee of either, shall report all receipts and
disbursements during the reporting period.
``(2) Other political committees to which section 323
applies.--
``(A) In general.--In addition to any other
reporting requirements applicable under this Act, a
political committee (not described in paragraph (1)) to
which section 323(b)(1) applies shall report all
receipts and disbursements made for activities described
in section 301(20)(A), unless the aggregate amount of
such receipts and disbursements during the calendar year
is less than $5,000.
``(B) Specific disclosure by state and local parties
of certain non-federal amounts permitted to be spent on
federal election activity.--Each report by a political
committee under subparagraph (A) of receipts and
disbursements made for activities described in section
301(20)(A) shall include a disclosure of all receipts
and disbursements described in section 323(b)(2)(A) and
(B).
``(3) Itemization.--If a political committee has receipts or
disbursements to which this subsection applies from or to any
person aggregating in excess of $200 for any calendar year, the
political committee shall separately itemize its reporting for
such person in the same manner as required in paragraphs (3)(A),
(5), and (6) of subsection (b).
``(4) Reporting periods.--Reports required to be filed under
this subsection shall be filed for the same time periods
required for political committees under subsection (a)(4)(B).''.
(b) Building Fund Exception to the Definition of Contribution.--
(1) In general.--Section 301(8)(B) of the Federal Election
Campaign Act of 1971 (2 U.S.C. 431(8)(B)) is amended--
(A) by striking clause (viii); and
(B) by redesignating clauses (ix) through (xv) as
clauses (viii) through (xiv), respectively.
(2) Nonpreemption of state law.--Section 403 of such Act (2
U.S.C. 453) is amended--
[[Page 116 STAT. 88]]
(A) by striking ``The provisions of this Act'' and
inserting ``(a) In General.--Subject to subsection (b),
the provisions of this Act''; and
(B) by adding at the end the following:
``(b) State and Local Committees of Political Parties.--
Notwithstanding any other provision of this Act, a State or local
committee of a political party may, subject to State law, use
exclusively funds that are not subject to the prohibitions, limitations,
and reporting requirements of the Act for the purchase or construction
of an office building for such State or local committee.''.
TITLE II--NONCANDIDATE CAMPAIGN EXPENDITURES
Subtitle A--Electioneering Communications
SEC. 201. DISCLOSURE OF ELECTIONEERING COMMUNICATIONS.
(a) In General.--Section 304 of the Federal Election Campaign Act of
1971 (2 U.S.C. 434), as amended by section 103, is amended by adding at
the end the following new subsection:
``(f) Disclosure of Electioneering Communications.--
``(1) Statement required.--Every person who makes a
disbursement for the direct costs of producing and airing
electioneering communications in an aggregate amount in excess
of $10,000 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 person 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 of the person
making the disbursement, if not an individual.
``(C) The amount of each disbursement of more than
$200 during the period covered by the statement and the
identification of the person to whom the disbursement
was made.
``(D) The elections to which the electioneering
communications pertain and the names (if known) of the
candidates identified or to be identified.
``(E) If the disbursements were paid out of a
segregated bank account which consists of funds
contributed solely by individuals who are United States
citizens or nationals or lawfully admitted for permanent
residence (as defined in section 101(a)(20) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(20)))
directly to this account for electioneering
communications, the names and addresses of all
contributors who contributed an aggregate amount of
$1,000 or more to that account during the period
beginning on the first day of the preceding calendar
year and
[[Page 116 STAT. 89]]
ending on the disclosure date. Nothing in this
subparagraph is to be construed as a prohibition on the
use of funds in such a segregated account for a purpose
other than electioneering communications.
``(F) If the disbursements were paid out of funds
not described in subparagraph (E), the names and
addresses of all contributors who contributed an
aggregate amount of $1,000 or more to the person making
the disbursement during the period beginning on the
first day of the preceding calendar year and ending on
the disclosure date.
``(3) Electioneering communication.--For purposes of this
subsection--
``(A) In general.--(i) The term `electioneering
communication' means any broadcast, cable, or satellite
communication which--
``(I) refers to a clearly identified candidate
for Federal office;
``(II) is made within--
``(aa) 60 days before a general,
special, or runoff election for the
office sought by the candidate; or
``(bb) 30 days before a primary or
preference election, or a convention or
caucus of a political party that has
authority to nominate a candidate, for
the office sought by the candidate; and
``(III) 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.
``(ii) If clause (i) is held to be constitutionally
insufficient by final judicial decision to support the
regulation provided herein, then the term
`electioneering communication' means any broadcast,
cable, or satellite communication which 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) and which also is suggestive of
no plausible meaning other than an exhortation to vote
for or against a specific candidate. Nothing in this
subparagraph shall be construed to affect the
interpretation or application of section 100.22(b) of
title 11, Code of Federal Regulations.
``(B) Exceptions.--The term `electioneering
communication' does not include--
``(i) a communication appearing 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;
``(ii) a communication which constitutes an
expenditure or an independent expenditure under
this Act;
``(iii) a communication which constitutes a
candidate debate or forum conducted pursuant to
regulations adopted by the Commission, or which
solely promotes such a debate or forum and is made
by or on behalf of the person sponsoring the
debate or forum; or
[[Page 116 STAT. 90]]
``(iv) any other communication exempted under
such regulations as the Commission may promulgate
(consistent with the requirements of this
paragraph) to ensure the appropriate
implementation of this paragraph, except that
under any such regulation a communication may not
be exempted if it meets the requirements of this
paragraph and is described in section
301(20)(A)(iii).
``(C) Targeting to relevant electorate.--For
purposes of this paragraph, a communication which 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--
``(i) in the district the candidate seeks to
represent, in the case of a candidate for
Representative in, or Delegate or Resident
Commissioner to, the Congress; or
``(ii) in the State the candidate seeks to
represent, in the case of a candidate for Senator.
``(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 the direct
costs of producing or airing electioneering
communications aggregating in excess of $10,000; and
``(B) any other date during such calendar year by
which a person has made disbursements for the direct
costs of producing or airing electioneering
communications aggregating in excess of $10,000 since
the most recent disclosure date for such calendar year.
``(5) Contracts to disburse.--For purposes of this
subsection, a person shall be treated as having made a
disbursement if the person has executed a contract to make the
disbursement.
``(6) Coordination with other requirements.--Any requirement
to report under this subsection shall be in addition to any
other reporting requirement under this Act.
``(7) Coordination with internal revenue code.--Nothing in
this subsection may be construed to establish, modify, or
otherwise affect the definition of political activities or
electioneering activities (including the definition of
participating in, intervening in, or influencing or attempting
to influence a political campaign on behalf of or in opposition
to any candidate for public office) for purposes of the Internal
Revenue Code of 1986.''.
(b) Responsibilities <<NOTE: 2 USC 434 note.>> of Federal
Communications Commission.--The Federal Communications Commission shall
compile and maintain any information the Federal Election Commission may
require to carry out section 304(f) of the Federal Election Campaign Act
of 1971 (as added by subsection (a)), and shall make such information
available to the public on the Federal Communication Commission's
website.
SEC. 202. COORDINATED COMMUNICATIONS AS CONTRIBUTIONS.
Section 315(a)(7) of the Federal Election Campaign Act of 1971 (2
U.S.C. 441a(a)(7)) is amended--
[[Page 116 STAT. 91]]
(1) by redesignating subparagraph (C) as subparagraph (D);
and
(2) by inserting after subparagraph (B) the following:
``(C) if--
``(i) any person makes, or contracts to make, any
disbursement for any electioneering communication
(within the meaning of section 304(f)(3)); and
``(ii) such disbursement 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;
such disbursement or contracting shall be treated as a
contribution to the candidate supported by the electioneering
communication or that candidate's party and as an expenditure by
that candidate or that candidate's party; and''.
SEC. 203. PROHIBITION OF CORPORATE AND LABOR DISBURSEMENTS FOR
ELECTIONEERING COMMUNICATIONS.
(a) In General.--Section 316(b)(2) of the Federal Election Campaign
Act of 1971 (2 U.S.C. 441b(b)(2)) is amended by inserting ``or for any
applicable electioneering communication'' before ``, but shall not
include''.
(b) Applicable Electioneering Communication.--Section 316 of such
Act is amended by adding at the end the following:
``(c) Rules Relating to Electioneering Communications.--
``(1) Applicable electioneering communication.--For purposes
of this section, the term `applicable electioneering
communication' means an electioneering communication (within the
meaning of section 304(f)(3)) which is made by any entity
described in subsection (a) of this section or by any other
person using funds donated by an entity described in subsection
(a) of this section.
``(2) Exception.--Notwithstanding paragraph (1), the term
`applicable electioneering communication' does not include a
communication by a section 501(c)(4) organization or a political
organization (as defined in section 527(e)(1) of the Internal
Revenue Code of 1986) made under section 304(f)(2)(E) or (F) of
this Act if the communication is paid for exclusively by funds
provided directly by individuals who are United States citizens
or nationals or lawfully admitted for permanent residence (as
defined in section 101(a)(20) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(20))). For purposes of the preceding
sentence, the term `provided directly by individuals' does not
include funds the source of which is an entity described in
subsection (a) of this section.
``(3) Special operating rules.--
``(A) Definition under paragraph (1).--An
electioneering communication shall be treated as made by
an entity described in subsection (a) if an entity
described in subsection (a) directly or indirectly
disburses any amount for any of the costs of the
communication.
``(B) Exception under paragraph (2).--A section
501(c)(4) organization that derives amounts from
business activities or receives funds from any entity
described in subsection (a) shall be considered to have
paid for any communication out of such amounts unless
such organization paid for the communication out of a
segregated account
[[Page 116 STAT. 92]]
to which only individuals can contribute, as described
in section 304(f)(2)(E).
``(4) Definitions and rules.--For purposes of this
subsection--
``(A) the term `section 501(c)(4) organization'
means--
``(i) an organization described in section
501(c)(4) of the Internal Revenue Code of 1986 and
exempt from taxation under section 501(a) of such
Code; or
``(ii) an organization which has submitted an
application to the Internal Revenue Service for
determination of its status as an organization
described in clause (i); and
``(B) a person shall be treated as having made a
disbursement if the person has executed a contract to
make the disbursement.
``(5) Coordination with internal revenue code.--Nothing in
this subsection shall be construed to authorize an organization
exempt from taxation under section 501(a) of the Internal
Revenue Code of 1986 to carry out any activity which is
prohibited under such Code.''.
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
[[Page 116 STAT. 93]]
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)''.
[[Page 116 STAT. 94]]
(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
[[Page 116 STAT. 95]]
Commission is required to promulgate new regulations under subsection
(c) (as described in section 402(c)(1)).
(c) Regulations <<NOTE: 2 USC 441a note.>> 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. <<NOTE: 2 USC 439a.>> 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;
[[Page 116 STAT. 96]]
``(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.''.
[[Page 116 STAT. 97]]
SEC. 304. MODIFICATION OF INDIVIDUAL CONTRIBUTION LIMITS IN RESPONSE TO
EXPENDITURES FROM PERSONAL FUNDS.
(a) Increased Limits for Individuals.--Section 315 of the Federal
Election Campaign Act of 1971 (2 U.S.C. 441a) is amended--
(1) in subsection (a)(1), by striking ``No person'' and
inserting ``Except as provided in subsection (i), no person'';
and
(2) by adding at the end the following:
``(i) Increased Limit To Allow Response to Expenditures From
Personal Funds.--
``(1) Increase.--
``(A) In general.--Subject to paragraph (2), if the
opposition personal funds amount with respect to a
candidate for election to the office of Senator exceeds
the threshold amount, the limit under subsection
(a)(1)(A) (in this subsection referred to as the
`applicable limit') with respect to that candidate shall
be the increased limit.
``(B) Threshold amount.--
``(i) State-by-state competitive and fair
campaign formula.--In this subsection, the
threshold amount with respect to an election cycle
of a candidate described in subparagraph (A) is an
amount equal to the sum of--
``(I) $150,000; and
``(II) $0.04 multiplied by the
voting age population.
``(ii) Voting age population.--In this
subparagraph, the term `voting age population'
means in the case of a candidate for the office of
Senator, the voting age population of the State of
the candidate (as certified under section 315(e)).
``(C) Increased limit.--Except as provided in clause
(ii), for purposes of subparagraph (A), if the
opposition personal funds amount is over--
``(i) 2 times the threshold amount, but not
over 4 times that amount--
``(I) the increased limit shall be 3
times the applicable limit; and
``(II) the limit under subsection
(a)(3) shall not apply with respect to
any contribution made with respect to a
candidate if such contribution is made
under the increased limit of
subparagraph (A) during a period in
which the candidate may accept such a
contribution;
``(ii) 4 times the threshold amount, but not
over 10 times that amount--
``(I) the increased limit shall be 6
times the applicable limit; and
``(II) the limit under subsection
(a)(3) shall not apply with respect to
any contribution made with respect to a
candidate if such contribution is made
under the increased limit of
subparagraph (A) during a period in
which the candidate may accept such a
contribution; and
``(iii) 10 times the threshold amount--
[[Page 116 STAT. 98]]
``(I) the increased limit shall be 6
times the applicable limit;
``(II) the limit under subsection
(a)(3) shall not apply with respect to
any contribution made with respect to a
candidate if such contribution is made
under the increased limit of
subparagraph (A) during a period in
which the candidate may accept such a
contribution; and
``(III) the limits under subsection
(d) with respect to any expenditure by a
State or national committee of a
political party shall not apply.
``(D) Opposition personal funds amount.--The
opposition personal funds amount is an amount equal to
the excess (if any) of--
``(i) the greatest aggregate amount of
expenditures from personal funds (as defined in
section 304(a)(6)(B)) that an opposing candidate
in the same election makes; over
``(ii) the aggregate amount of expenditures
from personal funds made by the candidate with
respect to the election.
``(2) Time to accept contributions under increased limit.--
``(A) In general.--Subject to subparagraph (B), a
candidate and the candidate's authorized committee shall
not accept any contribution, and a party committee shall
not make any expenditure, under the increased limit
under paragraph (1)--
``(i) until the candidate has received
notification of the opposition personal funds
amount under section 304(a)(6)(B); and
``(ii) to the extent that such contribution,
when added to the aggregate amount of
contributions previously accepted and party
expenditures previously made under the increased
limits under this subsection for the election
cycle, exceeds 110 percent of the opposition
personal funds amount.
``(B) Effect of withdrawal of an opposing
candidate.--A candidate and a candidate's authorized
committee shall not accept any contribution and a party
shall not make any expenditure under the increased limit
after the date on which an opposing candidate ceases to
be a candidate to the extent that the amount of such
increased limit is attributable to such an opposing
candidate.
``(3) Disposal of excess contributions.--
``(A) In <<NOTE: Deadline.>> general.--The aggregate
amount of contributions accepted by a candidate or a
candidate's authorized committee under the increased
limit under paragraph (1) and not otherwise expended in
connection with the election with respect to which such
contributions relate shall, not later than 50 days after
the date of such election, be used in the manner
described in subparagraph (B).
``(B) Return to contributors.--A candidate or a
candidate's authorized committee shall return the excess
contribution to the person who made the contribution.
``(j) Limitation on Repayment of Personal Loans.--Any candidate who
incurs personal loans made after the effective date
[[Page 116 STAT. 99]]
of the Bipartisan Campaign Reform Act of 2002 in connection with the
candidate's campaign for election shall not repay (directly or
indirectly), to the extent such loans exceed $250,000, such loans from
any contributions made to such candidate or any authorized committee of
such candidate after the date of such election.''.
(b) Notification of Expenditures From Personal Funds.--Section
304(a)(6) of the Federal Election Campaign Act of 1971 (2 U.S.C.
434(a)(6)) is amended--
(1) by redesignating subparagraph (B) as subparagraph (E);
and
(2) by inserting after subparagraph (A) the following:
``(B) Notification of expenditure from personal funds.--
``(i) Definition of expenditure from personal funds.--In
this subparagraph, the term `expenditure from personal funds'
means--
``(I) an expenditure made by a candidate using
personal funds; and
``(II) a contribution or loan made by a candidate
using personal funds or a loan secured using such funds
to the candidate's authorized committee.
``(ii) Declaration <<NOTE: Deadline.>> of intent.--Not later
than the date that is 15 days after the date on which an
individual becomes a candidate for the office of Senator, the
candidate shall file a declaration stating the total amount of
expenditures from personal funds that the candidate intends to
make, or to obligate to make, with respect to the election that
will exceed the State-by-State competitive and fair campaign
formula with--
``(I) the Commission; and
``(II) each candidate in the same election.
``(iii) Initial <<NOTE: Deadline.>> notification.--Not later
than 24 hours after a candidate described in clause (ii) makes
or obligates to make an aggregate amount of expenditures from
personal funds in excess of 2 times the threshold amount in
connection with any election, the candidate shall file a
notification with--
``(I) the Commission; and
``(II) each candidate in the same election.
``(iv) Additional notification.--After a candidate files an
initial notification under clause (iii), the candidate shall
file an additional notification each time expenditures from
personal funds are made or obligated to be made in an aggregate
amount that exceed $10,000 with--
``(I) the Commission; and
``(II) each candidate in the same election.
Such <<NOTE: Deadline.>> notification shall be filed not later
than 24 hours after the expenditure is made.
``(v) Contents.--A notification under clause (iii) or (iv)
shall include--
``(I) the name of the candidate and the office
sought by the candidate;
``(II) the date and amount of each expenditure; and
``(III) the total amount of expenditures from
personal funds that the candidate has made, or obligated
to make, with respect to an election as of the date of
the expenditure that is the subject of the notification.
``(C) Notification of disposal of excess contributions.--In the next
regularly scheduled report after the date of the election
[[Page 116 STAT. 100]]
for which a candidate seeks nomination for election to, or election to,
Federal office, the candidate or the candidate's authorized committee
shall submit to the Commission a report indicating the source and amount
of any excess contributions (as determined under paragraph (1) of
section 315(i)) and the manner in which the candidate or the candidate's
authorized committee used such funds.
``(D) Enforcement.--For provisions providing for the enforcement of
the reporting requirements under this paragraph, see section 309.''.
(c) Definitions.--Section 301 of the Federal Election Campaign Act
of 1971 (2 U.S.C. 431), as amended by section 101(b), is further amended
by adding at the end the following:
``(25) Election cycle.--For purposes of sections 315(i) and
315A and paragraph (26), the term `election cycle' means the
period beginning on the day after the date of the most recent
election for the specific office or seat that a candidate is
seeking and ending on the date of the next election for that
office or seat. For purposes of the preceding sentence, a
primary election and a general election shall be considered to
be separate elections.
``(26) Personal funds.--The term `personal funds' means an
amount that is derived from--
``(A) any asset that, under applicable State law, at
the time the individual became a candidate, the
candidate had legal right of access to or control over,
and with respect to which the candidate had--
``(i) legal and rightful title; or
``(ii) an equitable interest;
``(B) income received during the current election
cycle of the candidate, including--
``(i) a salary and other earned income from
bona fide employment;
``(ii) dividends and proceeds from the sale of
the candidate's stocks or other investments;
``(iii) bequests to the candidate;
``(iv) income from trusts established before
the beginning of the election cycle;
``(v) income from trusts established by
bequest after the beginning of the election cycle
of which the candidate is the beneficiary;
``(vi) gifts of a personal nature that had
been customarily received by the candidate prior
to the beginning of the election cycle; and
``(vii) proceeds from lotteries and similar
legal games of chance; and
``(C) a portion of assets that are jointly owned by
the candidate and the candidate's spouse equal to the
candidate's share of the asset under the instrument of
conveyance or ownership, but if no specific share is
indicated by an instrument of conveyance or ownership,
the value of \1/2\ of the property.''.
SEC. 305. LIMITATION ON AVAILABILITY OF LOWEST UNIT CHARGE FOR FEDERAL
CANDIDATES ATTACKING OPPOSITION.
(a) In General.--Section 315(b) of the Communications Act of 1934
(47 U.S.C. 315(b)) is amended--
(1) by striking ``(b) The charges'' and inserting the
following:
[[Page 116 STAT. 101]]
``(b) Charges.--
``(1) In general.--The charges'';
(2) by redesignating paragraphs (1) and (2) as subparagraphs
(A) and (B), respectively; and
(3) by adding at the end the following:
``(2) Content of broadcasts.--
``(A) In general.--In the case of a candidate for
Federal office, such candidate shall not be entitled to
receive the rate under paragraph (1)(A) for the use of
any broadcasting station unless the candidate provides
written certification to the broadcast station that the
candidate (and any authorized committee of the
candidate) shall not make any direct reference to
another candidate for the same office, in any broadcast
using the rights and conditions of access under this
Act, unless such reference meets the requirements of
subparagraph (C) or (D).
``(B) Limitation on charges.--If a candidate for
Federal office (or any authorized committee of such
candidate) makes a reference described in subparagraph
(A) in any broadcast that does not meet the requirements
of subparagraph (C) or (D), such candidate shall not be
entitled to receive the rate under paragraph (1)(A) for
such broadcast or any other broadcast during any portion
of the 45-day and 60-day periods described in paragraph
(1)(A), that occur on or after the date of such
broadcast, for election to such office.
``(C) Television broadcasts.--A candidate meets the
requirements of this subparagraph if, in the case of a
television broadcast, at the end of such broadcast there
appears simultaneously, for a period no less than 4
seconds--
``(i) a clearly identifiable photographic or
similar image of the candidate; and
``(ii) a clearly readable printed statement,
identifying the candidate and stating that the
candidate has approved the broadcast and that the
candidate's authorized committee paid for the
broadcast.
``(D) Radio broadcasts.--A candidate meets the
requirements of this subparagraph if, in the case of a
radio broadcast, the broadcast includes a personal audio
statement by the candidate that identifies the
candidate, the office the candidate is seeking, and
indicates that the candidate has approved the broadcast.
``(E) Certification.--Certifications under this
section shall be provided and certified as accurate by
the candidate (or any authorized committee of the
candidate) at the time of purchase.
``(F) Definitions.--For purposes of this paragraph,
the terms `authorized committee' and `Federal office'
have the meanings given such terms by section 301 of the
Federal Election Campaign Act of 1971 (2 U.S.C. 431).''.
(b) Conforming Amendment.--Section 315(b)(1)(A) of the
Communications Act of 1934 (47 U.S.C. 315(b)(1)(A)), as amended by this
Act, is amended by inserting ``subject to paragraph (2),'' before
``during the forty-five days''.
[[Page 116 STAT. 102]]
(c) Effective <<NOTE: 47 USC 315 note.>> Date.--The amendments made
by this section shall apply to broadcasts made after the effective date
of this Act.
SEC. 306. SOFTWARE FOR FILING REPORTS AND PROMPT DISCLOSURE OF
CONTRIBUTIONS.
Section 304(a) of the Federal Election Campaign Act of 1971 (2
U.S.C. 434(a)) is amended by adding at the end the following:
``(12) Software for filing of reports.--
``(A) In general.--The Commission shall--
``(i) promulgate standards to be used by
vendors to develop software that--
``(I) permits candidates to easily
record information concerning receipts
and disbursements required to be
reported under this Act at the time of
the receipt or disbursement;
``(II) allows the information
recorded under subclause (I) to be
transmitted immediately to the
Commission; and
``(III) allows the Commission to
post the information on the Internet
immediately upon receipt; and
``(ii) make a copy of software that meets the
standards promulgated under clause (i) available
to each person required to file a designation,
statement, or report in electronic form under this
Act.
``(B) Additional information.--To the extent
feasible, the Commission shall require vendors to
include in the software developed under the standards
under subparagraph (A) the ability for any person to
file any designation, statement, or report required
under this Act in electronic form.
``(C) Required use.--Notwithstanding any provision
of this Act relating to times for filing reports, each
candidate for Federal office (or that candidate's
authorized committee) shall use software that meets the
standards promulgated under this paragraph once such
software is made available to such candidate.
``(D) Required posting.--The Commission shall, as
soon as practicable, post on the Internet any
information received under this paragraph.''.
SEC. 307. MODIFICATION OF CONTRIBUTION LIMITS.
(a) Increase in Individual Limits for Certain Contributions.--
Section 315(a)(1) of the Federal Election Campaign Act of 1971 (2 U.S.C.
441a(a)(1)) is amended--
(1) in subparagraph (A), by striking ``$1,000'' and
inserting ``$2,000''; and
(2) in subparagraph (B), by striking ``$20,000'' and
inserting ``$25,000''.
(b) Increase in Annual Aggregate Limit on Individual
Contributions.--Section 315(a)(3) of the Federal Election Campaign Act
of 1971 (2 U.S.C. 441a(a)(3)) is amended to read as follows:
``(3) During the period which begins on January 1 of an odd-numbered
year and ends on December 31 of the next even-numbered year, no
individual may make contributions aggregating more than--
[[Page 116 STAT. 103]]
``(A) $37,500, in the case of contributions to candidates
and the authorized committees of candidates;
``(B) $57,500, in the case of any other contributions, of
which not more than $37,500 may be attributable to contributions
to political committees which are not political committees of
national political parties.''.
(c) Increase in Senatorial Campaign Committee Limit.--Section 315(h)
of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(h)) is
amended by striking ``$17,500'' and inserting ``$35,000''.
(d) Indexing of Contribution Limits.--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)(1)(A),
(a)(1)(B), (a)(3), (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)(1)(A),
(a)(1)(B), (a)(3), 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)(1)(A),
(a)(1)(B), (a)(3), and (h), calendar year 2001''.
(e) Effective <<NOTE: 2 USC 441a note.>> Date.--The amendments made
by this section shall apply with respect to contributions made on or
after January 1, 2003.
SEC. 308. DONATIONS TO PRESIDENTIAL INAUGURAL COMMITTEE.
(a) In General.--Chapter 5 of title 36, United States Code, is
amended by--
(1) redesignating section 510 as section 511; and
(2) inserting after section 509 the following:
``Sec. 510. Disclosure of and prohibition on certain donations
``(a) In General.--A committee shall not be considered to be the
Inaugural Committee for purposes of this chapter unless the committee
agrees to, and meets, the requirements of subsections (b) and (c).
``(b) Disclosure.--
[[Page 116 STAT. 104]]
``(1) In <<NOTE: Deadline. Reports.>> general.--Not later
than the date that is 90 days after the date of the Presidential
inaugural ceremony, the committee shall file a report with the
Federal Election Commission disclosing any donation of money or
anything of value made to the committee in an aggregate amount
equal to or greater than $200.
``(2) Contents of report.--A report filed under paragraph
(1) shall contain--
``(A) the amount of the donation;
``(B) the date the donation is received; and
``(C) the name and address of the person making the
donation.
``(c) Limitation.--The committee shall not accept any donation from
a foreign national (as defined in section 319(b) of the Federal Election
Campaign Act of 1971 (2 U.S.C. 441e(b))).''.
(b) Reports Made Available by FEC.--Section 304 of the Federal
Election Campaign Act of 1971 (2 U.S.C. 434), as amended by sections
103, 201, and 212 is amended by adding at the end the following:
``(h) Reports From Inaugural Committees.--The Federal Election
Commission shall make any report filed by an Inaugural Committee under
section 510 of title 36, United States Code, accessible to the public at
the offices of the Commission and on the Internet not later than 48
hours after the report is received by the Commission.''.
SEC. 309. PROHIBITION ON FRAUDULENT SOLICITATION OF FUNDS.
Section 322 of the Federal Election Campaign Act of 1971 (2 U.S.C.
441h) is amended--
(1) by inserting ``(a) In General.--'' before ``No person'';
and
(2) by adding at the end the following:
``(b) Fraudulent Solicitation of Funds.--No person shall--
``(1) fraudulently misrepresent the person as speaking,
writing, or otherwise acting for or on behalf of any candidate
or political party or employee or agent thereof for the purpose
of soliciting contributions or donations; or
``(2) willfully and knowingly participate in or conspire to
participate in any plan, scheme, or design to violate paragraph
(1).''.
SEC. 310. <<NOTE: 2 USC 431 note.>> STUDY AND REPORT ON CLEAN MONEY
CLEAN ELECTIONS LAWS.
(a) Clean Money Clean Elections Defined.--In this section, the term
``clean money clean elections'' means funds received under State laws
that provide in whole or in part for the public financing of election
campaigns.
(b) Study.--
(1) In general.--The Comptroller General shall conduct a
study of the clean money clean elections of Arizona and Maine.
(2) Matters studied.--
(A) Statistics on clean money clean elections
candidates.--The Comptroller General shall determine--
(i) the number of candidates who have chosen
to run for public office with clean money clean
elections including--
(I) the office for which they were
candidates;
[[Page 116 STAT. 105]]
(II) whether the candidate was an
incumbent or a challenger; and
(III) whether the candidate was
successful in the candidate's bid for
public office; and
(ii) the number of races in which at least one
candidate ran an election with clean money clean
elections.
(B) Effects <<NOTE: Arizona. Maine.>> of clean money
clean elections.--The Comptroller General of the United
States shall describe the effects of public financing
under the clean money clean elections laws on the 2000
elections in Arizona and Maine.
(c) Report.--Not <<NOTE: Deadline.>> later than 1 year after the
date of enactment of this Act, the Comptroller General of the United
States shall submit a report to the Congress detailing the results of
the study conducted under subsection (b).
SEC. 311. CLARITY STANDARDS FOR IDENTIFICATION OF SPONSORS OF ELECTION-
RELATED ADVERTISING.
Section 318 of the Federal Election Campaign Act of 1971 (2 U.S.C.
441d) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``Whenever'' and inserting
``Whenever a political committee makes a
disbursement for the purpose of financing any
communication through any broadcasting station,
newspaper, magazine, outdoor advertising facility,
mailing, or any other type of general public
political advertising, or whenever'';
(ii) by striking ``an expenditure'' and
inserting ``a disbursement'';
(iii) by striking ``direct''; and
(iv) by inserting ``or makes a disbursement
for an electioneering communication (as defined in
section 304(f)(3))'' after ``public political
advertising''; and
(B) in paragraph (3), by inserting ``and permanent
street address, telephone number, or World Wide Web
address'' after ``name''; and
(2) by adding at the end the following:
``(c) Specification.--Any printed communication described in
subsection (a) shall--
``(1) be of sufficient type size to be clearly readable by
the recipient of the communication;
``(2) be contained in a printed box set apart from the other
contents of the communication; and
``(3) be printed with a reasonable degree of color contrast
between the background and the printed statement.
``(d) Additional Requirements.--
``(1) Communications by candidates or authorized persons.--
``(A) By radio.--Any communication described in
paragraph (1) or (2) of subsection (a) which is
transmitted through radio shall include, in addition to
the requirements of that paragraph, an audio statement
by the candidate that identifies the candidate and
states that the candidate has approved the
communication.
``(B) By television.--Any communication described in
paragraph (1) or (2) of subsection (a) which is
transmitted
[[Page 116 STAT. 106]]
through television shall include, in addition to the
requirements of that paragraph, a statement that
identifies the candidate and states that the candidate
has approved the communication. Such statement--
``(i) shall be conveyed by--
``(I) an unobscured, full-screen
view of the candidate making the
statement, or
``(II) the candidate in voice-over,
accompanied by a clearly identifiable
photographic or similar image of the
candidate; and
``(ii) shall also appear in writing at the end
of the communication in a clearly readable manner
with a reasonable degree of color contrast between
the background and the printed statement, for a
period of at least 4 seconds.
``(2) Communications by others.--Any communication described
in paragraph (3) of subsection (a) which is transmitted through
radio or television shall include, in addition to the
requirements of that paragraph, in a clearly spoken manner, the
following audio statement: `__________ is responsible for the
content of this advertising.' (with the blank to be filled in
with the name of the political committee or other person paying
for the communication and the name of any connected organization
of the payor). If transmitted through television, the statement
shall be conveyed by an unobscured, full-screen view of a
representative of the political committee or other person making
the statement, or by a representative of such political
committee or other person in voice-over, and shall also appear
in a clearly readable manner with a reasonable degree of color
contrast between the background and the printed statement, for a
period of at least 4 seconds.''.
SEC. 312. INCREASE IN PENALTIES.
(a) In General.--Subparagraph (A) of section 309(d)(1) of the
Federal Election Campaign Act of 1971 (2 U.S.C. 437g(d)(1)(A)) is
amended to read as follows:
``(A) Any person who knowingly and willfully commits a violation of
any provision of this Act which involves the making, receiving, or
reporting of any contribution, donation, or expenditure--
``(i) aggregating $25,000 or more during a calendar year
shall be fined under title 18, United States Code, or imprisoned
for not more than 5 years, or both; or
``(ii) aggregating $2,000 or more (but less than $25,000)
during a calendar year shall be fined under such title, or
imprisoned for not more than 1 year, or both.''.
(b) Effective <<NOTE: 2 USC 437g note.>> Date.--The amendment made
by this section shall apply to violations occurring on or after the
effective date of this Act.
SEC. 313. STATUTE OF LIMITATIONS.
(a) In General.--Section 406(a) of the Federal Election Campaign Act
of 1971 (2 U.S.C. 455(a)) is amended by striking ``3'' and inserting
``5''.
(b) Effective <<NOTE: 2 USC 455 note.>> Date.--The amendment made by
this section shall apply to violations occurring on or after the
effective date of this Act.
[[Page 116 STAT. 107]]
SEC. 314. <<NOTE: 28 USC 994 note.>> SENTENCING GUIDELINES.
(a) In General.--The United States Sentencing Commission shall--
(1) promulgate a guideline, or amend an existing guideline
under section 994 of title 28, United States Code, in accordance
with paragraph (2), for penalties for violations of the Federal
Election Campaign Act of 1971 and related election laws; and
(2) submit to Congress an explanation of any guidelines
promulgated under paragraph (1) and any legislative or
administrative recommendations regarding enforcement of the
Federal Election Campaign Act of 1971 and related election laws.
(b) Considerations.--The Commission shall provide guidelines under
subsection (a) taking into account the following considerations:
(1) Ensure that the sentencing guidelines and policy
statements reflect the serious nature of such violations and the
need for aggressive and appropriate law enforcement action to
prevent such violations.
(2) Provide a sentencing enhancement for any person
convicted of such violation if such violation involves--
(A) a contribution, donation, or expenditure from a
foreign source;
(B) a large number of illegal transactions;
(C) a large aggregate amount of illegal
contributions, donations, or expenditures;
(D) the receipt or disbursement of governmental
funds; and
(E) an intent to achieve a benefit from the Federal
Government.
(3) Assure reasonable consistency with other relevant
directives and guidelines of the Commission.
(4) Account for aggravating or mitigating circumstances that
might justify exceptions, including circumstances for which the
sentencing guidelines currently provide sentencing enhancements.
(5) Assure the guidelines adequately meet the purposes of
sentencing under section 3553(a)(2) of title 18, United States
Code.
(c) Effective Date; Emergency Authority To Promulgate Guidelines.--
(1) Effective date.--Notwithstanding section 402, the United
States Sentencing Commission shall promulgate guidelines under
this section not later than the later of--
(A) 90 days after the effective date of this Act; or
(B) 90 days after the date on which at least a
majority of the members of the Commission are appointed
and holding office.
(2) Emergency authority to promulgate guidelines.--The
Commission shall promulgate guidelines under this section in
accordance with the procedures set forth in section 21(a) of the
Sentencing Reform Act of 1987, as though the authority under
such Act has not expired.
[[Page 116 STAT. 108]]
SEC. 315. INCREASE IN PENALTIES IMPOSED FOR VIOLATIONS OF CONDUIT
CONTRIBUTION BAN.
(a) Increase in Civil Money Penalty for Knowing and Willful
Violations.--Section 309(a) of the Federal Election Campaign Act of 1971
(2 U.S.C. 437g(a)) is amended--
(1) in paragraph (5)(B), by inserting before the period at
the end the following: ``(or, in the case of a violation of
section 320, which is not less than 300 percent of the amount
involved in the violation and is not more than the greater of
$50,000 or 1,000 percent of the amount involved in the
violation)''; and
(2) in paragraph (6)(C), by inserting before the period at
the end the following: ``(or, in the case of a violation of
section 320, which is not less than 300 percent of the amount
involved in the violation and is not more than the greater of
$50,000 or 1,000 percent of the amount involved in the
violation)''.
(b) Increase in Criminal Penalty.--Section 309(d)(1) of such Act (2
U.S.C. 437g(d)(1)) is amended by adding at the end the following new
subparagraph:
``(D) Any person who knowingly and willfully commits a violation of
section 320 involving an amount aggregating more than $10,000 during a
calendar year shall be--
``(i) imprisoned for not more than 2 years if the amount is
less than $25,000 (and subject to imprisonment under
subparagraph (A) if the amount is $25,000 or more);
``(ii) fined not less than 300 percent of the amount
involved in the violation and not more than the greater of--
``(I) $50,000; or
``(II) 1,000 percent of the amount involved in the
violation; or
``(iii) both imprisoned under clause (i) and fined under
clause (ii).''.
(c) Effective <<NOTE: 2 USC 437g note.>> Date.--The amendments made
by this section shall apply with respect to violations occurring on or
after the effective date of this Act.
SEC. 316. RESTRICTION ON INCREASED CONTRIBUTION LIMITS BY TAKING INTO
ACCOUNT CANDIDATE'S AVAILABLE FUNDS.
Section 315(i)(1) of the Federal Election Campaign Act of 1971 (2
U.S.C. 441a(i)(1)), as added by this Act, is amended by adding at the
end the following:
``(E) Special rule for candidate's campaign funds.--
``(i) In general.--For purposes of determining
the aggregate amount of expenditures from personal
funds under subparagraph (D)(ii), such amount
shall include the gross receipts advantage of the
candidate's authorized committee.
``(ii) Gross receipts advantage.--For purposes
of clause (i), the term `gross receipts advantage'
means the excess, if any, of--
``(I) the aggregate amount of 50
percent of gross receipts of a
candidate's authorized committee during
any election cycle (not including
contributions from personal funds of the
candidate)
[[Page 116 STAT. 109]]
that may be expended in connection with
the election, as determined on June 30
and December 31 of the year preceding
the year in which a general election is
held, over
``(II) the aggregate amount of 50
percent of gross receipts of the
opposing candidate's authorized
committee during any election cycle (not
including contributions from personal
funds of the candidate) that may be
expended in connection with the
election, as determined on June 30 and
December 31 of the year preceding the
year in which a general election is
held.''.
SEC. 317. CLARIFICATION OF RIGHT OF NATIONALS OF THE UNITED STATES TO
MAKE POLITICAL CONTRIBUTIONS.
Section 319(b)(2) of the Federal Election Campaign Act of 1971 (2
U.S.C. 441e(b)(2)) is amended by inserting after ``United States'' the
following: ``or a national of the United States (as defined in section
101(a)(22) of the Immigration and Nationality Act)''.
SEC. 318. PROHIBITION OF CONTRIBUTIONS BY MINORS.
Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 431
et seq.), as amended by section 101, is further amended by adding at the
end the following new section:
``prohibition of contributions by minors
``Sec. 324. <<NOTE: 2 USC 441k.>> An individual who is 17 years old
or younger shall not make a contribution to a candidate or a
contribution or donation to a committee of a political party.''.
SEC. 319. MODIFICATION OF INDIVIDUAL CONTRIBUTION LIMITS FOR HOUSE
CANDIDATES IN RESPONSE TO EXPENDITURES FROM PERSONAL FUNDS.
(a) Increased Limits.--Title III of the Federal Election Campaign
Act of 1971 (2 U.S.C. 431 et seq.) is amended by inserting after section
315 the following new section:
``modification of certain limits for house candidates in response to
personal fund expenditures of opponents
``Sec. 315A. (a) Availability <<NOTE: 2 USC 441a-1.>> of Increased
Limit.--
``(1) In general.--Subject to paragraph (3), if the
opposition personal funds amount with respect to a candidate for
election to the office of Representative in, or Delegate or
Resident Commissioner to, the Congress exceeds $350,000--
``(A) the limit under subsection (a)(1)(A) with
respect to the candidate shall be tripled;
``(B) the limit under subsection (a)(3) shall not
apply with respect to any contribution made with respect
to the candidate if the contribution is made under the
increased limit allowed under subparagraph (A) during a
period in which the candidate may accept such a
contribution; and
``(C) the limits under subsection (d) with respect
to any expenditure by a State or national committee of a
political party on behalf of the candidate shall not
apply.
``(2) Determination of opposition personal funds amount.--
[[Page 116 STAT. 110]]
``(A) In general.--The opposition personal funds
amount is an amount equal to the excess (if any) of--
``(i) the greatest aggregate amount of
expenditures from personal funds (as defined in
subsection (b)(1)) that an opposing candidate in
the same election makes; over
``(ii) the aggregate amount of expenditures
from personal funds made by the candidate with
respect to the election.
``(B) Special rule for candidate's campaign funds.--
``(i) In general.--For purposes of determining
the aggregate amount of expenditures from personal
funds under subparagraph (A), such amount shall
include the gross receipts advantage of the
candidate's authorized committee.
``(ii) Gross receipts advantage.--For purposes
of clause (i), the term `gross receipts advantage'
means the excess, if any, of--
``(I) the aggregate amount of 50
percent of gross receipts of a
candidate's authorized committee during
any election cycle (not including
contributions from personal funds of the
candidate) that may be expended in
connection with the election, as
determined on June 30 and December 31 of
the year preceding the year in which a
general election is held, over
``(II) the aggregate amount of 50
percent of gross receipts of the
opposing candidate's authorized
committee during any election cycle (not
including contributions from personal
funds of the candidate) that may be
expended in connection with the
election, as determined on June 30 and
December 31 of the year preceding the
year in which a general election is
held.
``(3) Time to accept contributions under increased limit.--
``(A) In general.--Subject to subparagraph (B), a
candidate and the candidate's authorized committee shall
not accept any contribution, and a party committee shall
not make any expenditure, under the increased limit
under paragraph (1)--
``(i) until the candidate has received
notification of the opposition personal funds
amount under subsection (b)(1); and
``(ii) to the extent that such contribution,
when added to the aggregate amount of
contributions previously accepted and party
expenditures previously made under the increased
limits under this subsection for the election
cycle, exceeds 100 percent of the opposition
personal funds amount.
``(B) Effect of withdrawal of an opposing
candidate.--A candidate and a candidate's authorized
committee shall not accept any contribution and a party
shall not make any expenditure under the increased limit
after the date on which an opposing candidate ceases to
be
[[Page 116 STAT. 111]]
a candidate to the extent that the amount of such
increased limit is attributable to such an opposing
candidate.
``(4) Disposal of excess contributions.--
``(A) In general.--The aggregate amount of
contributions accepted by a candidate or a candidate's
authorized committee under the increased limit under
paragraph (1) and not otherwise expended in connection
with the election with respect to which such
contributions relate shall, not later than 50 days after
the date of such election, be used in the manner
described in subparagraph (B).
``(B) Return to contributors.--A candidate or a
candidate's authorized committee shall return the excess
contribution to the person who made the contribution.
``(b) Notification of Expenditures From Personal Funds.--
``(1) In general.--
``(A) Definition of expenditure from personal
funds.--In this paragraph, the term `expenditure from
personal funds' means--
``(i) an expenditure made by a candidate using
personal funds; and
``(ii) a contribution or loan made by a
candidate using personal funds or a loan secured
using such funds to the candidate's authorized
committee.
``(B) Declaration <<NOTE: Deadline.>> of intent.--
Not later than the date that is 15 days after the date
on which an individual becomes a candidate for the
office of Representative in, or Delegate or Resident
Commissioner to, the Congress, the candidate shall file
a declaration stating the total amount of expenditures
from personal funds that the candidate intends to make,
or to obligate to make, with respect to the election
that will exceed $350,000.
``(C) Initial <<NOTE: Deadline.>> notification.--Not
later than 24 hours after a candidate described in
subparagraph (B) makes or obligates to make an aggregate
amount of expenditures from personal funds in excess of
$350,000 in connection with any election, the candidate
shall file a notification.
``(D) Additional notification.--After a candidate
files an initial notification under subparagraph (C),
the candidate shall file an additional notification each
time expenditures from personal funds are made or
obligated to be made in an aggregate amount that exceeds
$10,000. Such notification <<NOTE: Deadline.>> shall be
filed not later than 24 hours after the expenditure is
made.
``(E) Contents.--A notification under subparagraph
(C) or (D) shall include--
``(i) the name of the candidate and the office
sought by the candidate;
``(ii) the date and amount of each
expenditure; and
``(iii) the total amount of expenditures from
personal funds that the candidate has made, or
obligated to make, with respect to an election as
of the date of the expenditure that is the subject
of the notification.
``(F) Place of filing.--Each declaration or
notification required to be filed by a candidate under
subparagraph (C), (D), or (E) shall be filed with--
``(i) the Commission; and
[[Page 116 STAT. 112]]
``(ii) each candidate in the same election and
the national party of each such candidate.
``(2) Notification of disposal of excess contributions.--
In <<NOTE: Reports.>> the next regularly scheduled report after
the date of the election for which a candidate seeks nomination
for election to, or election to, Federal office, the candidate
or the candidate's authorized committee shall submit to the
Commission a report indicating the source and amount of any
excess contributions (as determined under subsection (a)) and
the manner in which the candidate or the candidate's authorized
committee used such funds.
``(3) Enforcement.--For provisions providing for the
enforcement of the reporting requirements under this subsection,
see section 309.''.
(b) Conforming Amendment.--Section 315(a)(1) of the Federal Election
Campaign Act of 1971 (2 U.S.C. 441a), as amended by section 304(a), is
amended by striking ``subsection (i),'' and inserting ``subsection (i)
and section 315A,''.
TITLE IV--SEVERABILITY; EFFECTIVE DATE
SEC. 401. <<NOTE: 2 USC 454 note.>> SEVERABILITY.
If any provision of this Act or amendment made by this Act, or the
application of a provision or amendment to any person or circumstance,
is held to be unconstitutional, the remainder of this Act and amendments
made by this Act, and the application of the provisions and amendment to
any person or circumstance, shall not be affected by the holding.
SEC. 402. <<NOTE: 2 USC 431 note.>> EFFECTIVE DATES AND REGULATIONS.
(a) General Effective Date.--
(1) In general.--Except as provided in the succeeding
provisions of this section, the effective date of this Act, and
the amendments made by this Act, is November 6, 2002.
(2) Modification of contribution limits.--The amendments
made by--
(A) section 102 shall apply with respect to
contributions made on or after January 1, 2003; and
(B) section 307 shall take effect as provided in
subsection (e) of such section.
(3) Severability; effective dates and regulations; judicial
review.--Title IV shall take effect on the date of enactment of
this Act.
(4) Provisions not to apply to runoff elections.--Section
323(b) of the Federal Election Campaign Act of 1971 (as added by
section 101(a)), section 103(a), title II, sections 304
(including section 315(j) of Federal Election Campaign Act of
1971, as added by section 304(a)(2)), 305 (notwithstanding
subsection (c) of such section), 311, 316, 318, and 319, and
title V (and the amendments made by such sections and titles)
shall take effect on November 6, 2002, but shall not apply with
respect to runoff elections, recounts, or election contests
resulting from elections held prior to such date.
(b) Soft Money of National Political Parties.--
[[Page 116 STAT. 113]]
(1) In general.--Except for subsection (b) of such section,
section 323 of the Federal Election Campaign Act of 1971 (as
added by section 101(a)) shall take effect on November 6, 2002.
(2) Transitional rules for the spending of soft money of
national political parties.--
(A) In general.--Notwithstanding section 323(a) of
the Federal Election Campaign Act of 1971 (as added by
section 101(a)), if a national committee of a political
party described in such section (including any person
who is subject to such section under paragraph (2) of
such section), has received funds described in such
section prior to November 6, 2002, the rules described
in subparagraph (B) shall apply with respect to the
spending of the amount of such funds in the possession
of such committee as of such date.
(B) Use of excess soft money funds.--
(i) In general.--Subject to clauses (ii) and
(iii), the national committee of a political party
may use the amount described in subparagraph (A)
prior to January 1, 2003, solely for the purpose
of--
(I) retiring outstanding debts or
obligations that were incurred solely in
connection with an election held prior
to November 6, 2002; or
(II) paying expenses or retiring
outstanding debts or paying for
obligations that were incurred solely in
connection with any runoff election,
recount, or election contest resulting
from an election held prior to November
6, 2002.
(ii) Prohibition on using soft money for hard
money expenses, debts, and obligations.--A
national committee of a political party may not
use the amount described in subparagraph (A) for
any expenditure (as defined in section 301(9) of
the Federal Election Campaign Act of 1971 (2
U.S.C. 431(9))) or for retiring outstanding debts
or obligations that were incurred for such an
expenditure.
(iii) Prohibition of building fund uses.--A
national committee of a political party may not
use the amount described in subparagraph (A) for
activities to defray the costs of the construction
or purchase of any office building or facility.
(c) Regulations.--
(1) In <<NOTE: Deadline.>> general.--Except as provided in
paragraph (2), the Federal Election Commission shall promulgate
regulations to carry out this Act and the amendments made by
this Act that are under the Commission's jurisdiction not later
than 270 days after the date of enactment of this Act.
(2) Soft <<NOTE: Deadline.>> money of political parties.--
Not later than 90 days after the date of enactment of this Act,
the Federal Election Commission shall promulgate regulations to
carry out title I of this Act and the amendments made by such
title.
SEC. 403. <<NOTE: 2 USC 437h note.>> JUDICIAL REVIEW.
(a) Special Rules for Actions Brought on Constitutional Grounds.--If
any action is brought for declaratory or injunctive relief to challenge
the constitutionality of any provision of this
[[Page 116 STAT. 114]]
Act or any amendment made by this Act, the following rules shall apply:
(1) The action shall be filed in the United States District
Court for the District of Columbia and shall be heard by a 3-
judge court convened pursuant to section 2284 of title 28,
United States Code.
(2) A copy of the complaint shall be delivered promptly to
the Clerk of the House of Representatives and the Secretary of
the Senate.
(3) A final decision in the action shall be reviewable only
by appeal directly to the Supreme Court of the United States.
Such appeal shall be taken by the filing of a notice of appeal
within 10 days, and the filing of a jurisdictional statement
within 30 days, of the entry of the final decision.
(4) It shall be the duty of the United States District Court
for the District of Columbia and the Supreme Court of the United
States to advance on the docket and to expedite to the greatest
possible extent the disposition of the action and appeal.
(b) Intervention by Members of Congress.--In any action in which the
constitutionality of any provision of this Act or any amendment made by
this Act is raised (including but not limited to an action described in
subsection (a)), any member of the House of Representatives (including a
Delegate or Resident Commissioner to the Congress) or Senate shall have
the right to intervene either in support of or opposition to the
position of a party to the case regarding the constitutionality of the
provision or amendment. To avoid duplication of efforts and reduce the
burdens placed on the parties to the action, the court in any such
action may make such orders as it considers necessary, including orders
to require intervenors taking similar positions to file joint papers or
to be represented by a single attorney at oral argument.
(c) Challenge by Members of Congress.--Any Member of Congress may
bring an action, subject to the special rules described in subsection
(a), for declaratory or injunctive relief to challenge the
constitutionality of any provision of this Act or any amendment made by
this Act.
(d) Applicability.--
(1) Initial claims.--With respect to any action initially
filed on or before December 31, 2006, the provisions of
subsection (a) shall apply with respect to each action described
in such section.
(2) Subsequent actions.--With respect to any action
initially filed after December 31, 2006, the provisions of
subsection (a) shall not apply to any action described in such
section unless the person filing such action elects such
provisions to apply to the action.
TITLE V--ADDITIONAL DISCLOSURE PROVISIONS
SEC. 501. INTERNET ACCESS TO RECORDS.
Section 304(a)(11)(B) of the Federal Election Campaign Act of 1971
(2 U.S.C. 434(a)(11)(B)) is amended to read as follows:
``(B) <<NOTE: Deadline.>> The Commission shall make a designation,
statement, report, or notification that is filed with the Commission
under
[[Page 116 STAT. 115]]
this Act available for inspection by the public in the offices of the
Commission and accessible to the public on the Internet not later than
48 hours (or not later than 24 hours in the case of a designation,
statement, report, or notification filed electronically) after receipt
by the Commission.''.
SEC. 502. <<NOTE: 2 USC 438a.>> MAINTENANCE OF WEBSITE OF ELECTION
REPORTS.
(a) In General.--The Federal Election Commission shall maintain a
central site on the Internet to make accessible to the public all
publicly available election-related reports and information.
(b) Election-Related Report.--In this section, the term ``election-
related report'' means any report, designation, or statement required to
be filed under the Federal Election Campaign Act of 1971.
(c) Coordination With Other Agencies.--Any Federal executive agency
receiving election-related information which that agency is required by
law to publicly disclose shall cooperate and coordinate with the Federal
Election Commission to make such report available through, or for
posting on, the site of the Federal Election Commission in a timely
manner.
SEC. 503. <<NOTE: 2 USC 434.>> ADDITIONAL DISCLOSURE REPORTS.
(a) Principal <<NOTE: Deadlines.>> Campaign Committees.--Section
304(a)(2)(B) of the Federal Election Campaign Act of 1971 is amended by
striking ``the following reports'' and all that follows through the
period and inserting ``the treasurer shall file quarterly reports, which
shall be filed not later than the 15th day after the last day of each
calendar quarter, and which shall be complete as of the last day of each
calendar quarter, except that the report for the quarter ending December
31 shall be filed not later than January 31 of the following calendar
year.''.
(b) National Committee of a Political Party.--Section 304(a)(4) of
such Act (2 U.S.C. 434(a)(4)) is amended by adding at the end the
following flush sentence: ``Notwithstanding the preceding sentence, a
national committee of a political party shall file the reports required
under subparagraph (B).''.
SEC. 504. PUBLIC ACCESS TO BROADCASTING RECORDS.
Section 315 of the Communications Act of 1934 (47 U.S.C. 315), as
amended by this Act, is amended by redesignating subsections (e) and (f)
as subsections (f) and (g), respectively, and inserting after subsection
(d) the following:
``(e) Political Record.--
``(1) In general.--A licensee shall maintain, and make
available for public inspection, a complete record of a request
to purchase broadcast time that--
``(A) is made by or on behalf of a legally qualified
candidate for public office; or
``(B) communicates a message relating to any
political matter of national importance, including--
``(i) a legally qualified candidate;
``(ii) any election to Federal office; or
``(iii) a national legislative issue of public
importance.
``(2) Contents of record.--A record maintained under
paragraph (1) shall contain information regarding--
``(A) whether the request to purchase broadcast time
is accepted or rejected by the licensee;
[[Page 116 STAT. 116]]
``(B) the rate charged for the broadcast time;
``(C) the date and time on which the communication
is aired;
``(D) the class of time that is purchased;
``(E) the name of the candidate to which the
communication refers and the office to which the
candidate is seeking election, the election to which the
communication refers, or the issue to which the
communication refers (as applicable);
``(F) in the case of a request made by, or on behalf
of, a candidate, the name of the candidate, the
authorized committee of the candidate, and the treasurer
of such committee; and
``(G) in the case of any other request, the name of
the person purchasing the time, the name, address, and
phone number of a contact person for such person, and a
list of the chief executive officers or members of the
executive committee or of the board of directors of such
person.
``(3) Time to maintain file.--The information required under
this subsection shall be placed in a political file as soon as
possible and shall be retained by the licensee for a period of
not less than 2 years.''.
Approved March 27, 2002.
LEGISLATIVE HISTORY--H.R. 2356 (S. 27):
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HOUSE REPORTS: No. 107-131, Pt. 1 (Comm. on House Administration).
CONGRESSIONAL RECORD, Vol. 148 (2002):
Feb. 13, considered and passed House.
Mar. 18-20, considered and passed Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 38 (2002):
Mar. 27, Presidential statement.
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