PUBLIC LAW 107–155—MAR. 27, 2002 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.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This Act may be cited as the ‘‘Bipartisan

Campaign Reform Act of 2002’’.

(b) TABLE OF CONTENTS.—The table of contents of this Act

is as follows:

Sec. 1. Short title; table of contents.

TITLE I—REDUCTION OF SPECIAL INTEREST INFLUENCE

Sec. 101. Soft money of political parties.

Sec. 102. Increased contribution limit for State committees of political parties.

Sec. 103. Reporting requirements.

TITLE II—NONCANDIDATE CAMPAIGN EXPENDITURES

Subtitle A—Electioneering Communications

Sec. 201. Disclosure of electioneering communications.

Sec. 202. Coordinated communications as contributions.

Sec. 203. Prohibition of corporate and labor disbursements for electioneering

communications.

Sec. 204. Rules relating to certain targeted electioneering communications.

Subtitle B—Independent and Coordinated Expenditures

Sec. 211. Definition of independent expenditure.

Sec. 212. Reporting requirements for certain independent expenditures.

Sec. 213. Independent versus coordinated expenditures by party.

Sec. 214. Coordination with candidates or political parties.

TITLE III—MISCELLANEOUS

Sec. 301. Use of contributed amounts for certain purposes.

Sec. 302. Prohibition of fundraising on Federal property.

Sec. 303. Strengthening foreign money ban.

Sec. 304. Modification of individual contribution limits in response to expenditures

from personal funds.

Sec. 305. Limitation on availability of lowest unit charge for Federal candidates

attacking opposition.

Sec. 306. Software for filing reports and prompt disclosure of contributions.

Sec. 307. Modification of contribution limits.

Sec. 308. Donations to Presidential inaugural committee.

Sec. 309. Prohibition on fraudulent solicitation of funds.

Sec. 310. Study and report on clean money clean elections laws.

Sec. 311. Clarity standards for identification of sponsors of election-related advertising.

Sec. 312. Increase in penalties.

Sec. 313. Statute of limitations.

Sec. 314. Sentencing guidelines.

Sec. 315. Increase in penalties imposed for violations of conduit contribution ban.

Bipartisan

Campaign

Reform Act of

2002.

2 USC 431 note.

Mar. 27, 2002

[H.R. 2356]

116 STAT. 82 PUBLIC LAW 107–155—MAR. 27, 2002

Sec. 316. Restriction on increased contribution limits by taking into account

candidate’s available funds.

Sec. 317. Clarification of right of nationals of the United States to make political

contributions.

Sec. 318. Prohibition of contributions by minors.

Sec. 319. Modification of individual contribution limits for House candidates in

response to expenditures from personal funds.

TITLE IV—SEVERABILITY; EFFECTIVE DATE

Sec. 401. Severability.

Sec. 402. Effective dates and regulations.

Sec. 403. Judicial review.

TITLE V—ADDITIONAL DISCLOSURE PROVISIONS

Sec. 501. Internet access to records.

Sec. 502. Maintenance of website of election reports.

Sec. 503. Additional disclosure reports.

Sec. 504. Public access to broadcasting records.

TITLE I—REDUCTION OF SPECIAL

INTEREST INFLUENCE

SEC. 101. SOFT MONEY OF POLITICAL PARTIES.

(a) IN GENERAL.—Title III of the Federal Election Campaign

Act of 1971 (2 U.S.C. 431 et seq.) is amended by adding at the

end the following:

‘‘SEC. 323. SOFT MONEY OF POLITICAL PARTIES.

‘‘(a) NATIONAL COMMITTEES.—

‘‘(1) IN GENERAL.—A national committee of a political party

(including a national congressional campaign committee of a

political party) may not solicit, receive, or direct to another

person a contribution, donation, or transfer of funds or any

other thing of value, or spend any funds, that are not subject

to the limitations, prohibitions, and reporting requirements

of this Act.

‘‘(2) APPLICABILITY.—The prohibition established by paragraph (1) applies to any such national committee, any officer

or agent acting on behalf of such a national committee, and

any entity that is directly or indirectly established, financed,

maintained, or controlled by such a national committee.

‘‘(b) STATE, DISTRICT, AND LOCAL COMMITTEES.—

‘‘(1) IN GENERAL.—Except as provided in paragraph (2),

an amount that is expended or disbursed for Federal election

activity by a State, district, or local committee of a political

party (including an entity that is directly or indirectly established, financed, maintained, or controlled by a State, district,

or local committee of a political party and an officer or agent

acting on behalf of such committee or entity), or by an association or similar group of candidates for State or local office

or of individuals holding State or local office, shall be made

from funds subject to the limitations, prohibitions, and

reporting requirements of this Act.

‘‘(2) APPLICABILITY.—

‘‘(A) IN GENERAL.—Notwithstanding clause (i) or (ii)

of section 301(20)(A), and subject to subparagraph (B),

paragraph (1) shall not apply to any amount expended

or disbursed by a State, district, or local committee of

a political party for an activity described in either such

2 USC 441i.

PUBLIC LAW 107–155—MAR. 27, 2002 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

116 STAT. 84 PUBLIC LAW 107–155—MAR. 27, 2002

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

PUBLIC LAW 107–155—MAR. 27, 2002 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

116 STAT. 86 PUBLIC LAW 107–155—MAR. 27, 2002

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—

PUBLIC LAW 107–155—MAR. 27, 2002 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—

116 STAT. 88 PUBLIC LAW 107–155—MAR. 27, 2002

(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

PUBLIC LAW 107–155—MAR. 27, 2002 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

116 STAT. 90 PUBLIC LAW 107–155—MAR. 27, 2002

‘‘(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 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—

2 USC 434 note.

PUBLIC LAW 107–155—MAR. 27, 2002 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

116 STAT. 92 PUBLIC LAW 107–155—MAR. 27, 2002

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

PUBLIC LAW 107–155—MAR. 27, 2002 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)’’.

116 STAT. 94 PUBLIC LAW 107–155—MAR. 27, 2002

(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

PUBLIC LAW 107–155—MAR. 27, 2002 116 STAT. 95

Commission is required to promulgate new regulations under subsection (c) (as described in section 402(c)(1)).

(c) REGULATIONS BY THE FEDERAL ELECTION COMMISSION.—

The Federal Election Commission shall promulgate new regulations

on coordinated communications paid for by persons other than

candidates, authorized committees of candidates, and party committees. The regulations shall not require agreement or formal

collaboration to establish coordination. In addition to any subject

determined by the Commission, the regulations shall address— (1) payments for the republication of campaign materials;

(2) payments for the use of a common vendor;

(3) payments for communications directed or made by persons who previously served as an employee of a candidate

or a political party; and

(4) payments for communications made by a person after

substantial discussion about the communication with a candidate or a political party.

(d) MEANING OF CONTRIBUTION OR EXPENDITURE FOR THE PURPOSES OF SECTION 316.—Section 316(b)(2) of the Federal Election

Campaign Act of 1971 (2 U.S.C. 441b(b)(2)) is amended by striking

‘‘shall include’’ and inserting ‘‘includes a contribution or expenditure, as those terms are defined in section 301, and also includes’’.

TITLE III—MISCELLANEOUS

SEC. 301. USE OF CONTRIBUTED AMOUNTS FOR CERTAIN PURPOSES.

Title III of the Federal Election Campaign Act of 1971 (2

U.S.C. 431 et seq.) is amended by striking section 313 and inserting

the following:

‘‘SEC. 313. USE OF CONTRIBUTED AMOUNTS FOR CERTAIN PURPOSES.

‘‘(a) PERMITTED USES.—A contribution accepted by a candidate,

and any other donation received by an individual as support for

activities of the individual as a holder of Federal office, may be

used by the candidate or individual—

‘‘(1) for otherwise authorized expenditures in connection

with the campaign for Federal office of the candidate or individual;

‘‘(2) for ordinary and necessary expenses incurred in connection with duties of the individual as a holder of Federal office;

‘‘(3) for contributions to an organization described in section

170(c) of the Internal Revenue Code of 1986; or

‘‘(4) for transfers, without limitation, to a national, State,

or local committee of a political party.

‘‘(b) PROHIBITED USE.—

‘‘(1) IN GENERAL.—A contribution or donation described

in subsection (a) shall not be converted by any person to personal use.

‘‘(2) CONVERSION.—For the purposes of paragraph (1), a

contribution or donation shall be considered to be converted

to personal use if the contribution or amount is used to fulfill

any commitment, obligation, or expense of a person that would

exist irrespective of the candidate’s election campaign or

individual’s duties as a holder of Federal office, including—

‘‘(A) a home mortgage, rent, or utility payment;

‘‘(B) a clothing purchase;

2 USC 439a.

2 USC 441a note.

116 STAT. 96 PUBLIC LAW 107–155—MAR. 27, 2002

‘‘(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.’’.

PUBLIC LAW 107–155—MAR. 27, 2002 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—

116 STAT. 98 PUBLIC LAW 107–155—MAR. 27, 2002

‘‘(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 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

Deadline.

PUBLIC LAW 107–155—MAR. 27, 2002 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 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 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 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

Deadline.

Deadline.

Deadline.

116 STAT. 100 PUBLIC LAW 107–155—MAR. 27, 2002

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:

PUBLIC LAW 107–155—MAR. 27, 2002 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’’.

116 STAT. 102 PUBLIC LAW 107–155—MAR. 27, 2002

(c) EFFECTIVE 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 CON- TRIBUTIONS.—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 oddnumbered year and ends on December 31 of the next even-numbered

year, no individual may make contributions aggregating more

than—

47 USC 315 note.

PUBLIC LAW 107–155—MAR. 27, 2002 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 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:

‘‘§ 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.—

2 USC 441a note.

116 STAT. 104 PUBLIC LAW 107–155—MAR. 27, 2002

‘‘(1) IN 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. 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;

2 USC 431 note.

Deadline.

Reports.

PUBLIC LAW 107–155—MAR. 27, 2002 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 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 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

Deadline.

Arizona.

Maine.

116 STAT. 106 PUBLIC LAW 107–155—MAR. 27, 2002

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: ‘lllll 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 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 DATE.—The amendment made by this section

shall apply to violations occurring on or after the effective date

of this Act.

2 USC 455 note.

2 USC 437g note.

PUBLIC LAW 107–155—MAR. 27, 2002 116 STAT. 107

SEC. 314. 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.

28 USC 994 note.

116 STAT. 108 PUBLIC LAW 107–155—MAR. 27, 2002

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 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)

2 USC 437g note.

PUBLIC LAW 107–155—MAR. 27, 2002 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. 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 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.—

2 USC 441a–1.

2 USC 441k.

116 STAT. 110 PUBLIC LAW 107–155—MAR. 27, 2002

‘‘(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

PUBLIC LAW 107–155—MAR. 27, 2002 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 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 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 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

Deadline.

Deadline.

Deadline.

116 STAT. 112 PUBLIC LAW 107–155—MAR. 27, 2002

‘‘(ii) each candidate in the same election and the

national party of each such candidate. ‘‘(2) NOTIFICATION OF DISPOSAL OF EXCESS CONTRIBUTIONS.—In 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. 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. 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.—

2 USC 431 note.

2 USC 454 note.

Reports.

PUBLIC LAW 107–155—MAR. 27, 2002 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 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 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. 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

2 USC 437h note.

Deadline.

Deadline.

116 STAT. 114 PUBLIC LAW 107–155—MAR. 27, 2002

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) The Commission shall make a designation, statement,

report, or notification that is filed with the Commission under

Deadline.

PUBLIC LAW 107–155—MAR. 27, 2002 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. 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. ADDITIONAL DISCLOSURE REPORTS.

(a) PRINCIPAL 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;

Deadlines.

2 USC 434.

2 USC 438a.

116 STAT. 116 PUBLIC LAW 107–155—MAR. 27, 2002

LEGISLATIVE HISTORY—H.R. 2356 (S. 27):

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.

Æ

‘‘(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.