No. 02-1674 

IN THE 

§upreme Q!nurt nf t}fe Dnife(l §fates 

OCTOBER TERM, 2002 

MITCH McCONNELL et a/., 

Appellants, 

v. 

FEDERAL ELECTION COMMISSION eta/., 

Appellees. 

On Appeal From The United States 

District Court For The District of Columbia 

JURISDICTIONAL STATEMENT 

FLOYD ABRAMS 

SUSAN BUCKLEY 

BRIAN MARKLEY 

CAHILL, GORDON & 

REINDELLLP 

80 Pine Street 

New York, NY 10005 

(212) 701-3000 

KENNETHW. STARR 

Counsel of Record 

EDWARD W. WARREN 

KANNON K. SHANMUGAM 

KIRKLAND & ELLIS 

655 Fifteenth Street, N.W. 

Washington, DC 20005 

(202) 879-5000 

(additional counsel on signature block) 

May2, 2003 
QUESTIONS PRESENTED 

1. Whether the district court erred by upholding portions of 

the "soft money" provision (section 101) of the Bipartisan 

Campaign Reform Act of2002 (BCRA), Pub. L. No. 107-

155, 116 Stat. 81, because it constitutes an invalid exercise 

of Congress' power to regulate elections under Article I, 

Section 4, of the Constitution; violates the First 

Amendment or the equal protection component ofthe Fifth 

Amendment; or is unconstitutionally vague. 

2. Whether the district court erred by upholding portions of 

the "electioneering communications" provisions (sections 

201, 203, 204, and 311) ofBCRA, because they violate the 

First Amendment or the equal protection component ofthe 

Fifth Amendment, or are unconstitutionally vague. 

3. Whether the district court erred by holding nonjusticiable 

challenges to, and upholding, portions of the "advance 

notice" provisions of BCRA (sections 201 and 212), 

because they violate the First Amendment. 

4. Whether the district court erred by holding nonjusticiable 

challenges to, and upholding, the "coordination" provisions 

of BCRA (sections 202, 211, and 214), because they 

violate the First Amendment. 

5. Whether the district court erred by holding nonjusticiable 

challenges to, and upholding, the "attack ad" provision of 

BCRA (section 305), because it violates the First 

Amendment. 
11 

PARTIES TO THE PROCEEDINGS 

The appellants here, who were plaintiffs in two of the eleven 

cases consolidated in the district court, are Senator Mitch 

McConnell; Southeastern Legal Foundation, Inc.; 

Representative Bob Barr; Center for Individual Freedom; 

National Right to Work Committee; 60 Plus Association, Inc.; 

U.S. d/b/a Pro English; the National Association of 

Broadcasters; and Thomas E. Mcinerney. 

The appellees here, who were defendants or intervenordefendants in the district court, are the Federal Election 

Commission; the Federal Communications Commission; the 

United States of America; Senator John McCain; Senator 

Russell Feingold; Representative Christopher Shays; 

Representative Martin Meehan; Senator Olympia Snowe; and 

Senator James Jeffords. 
1ll 

STATEMENT PURSUANT TO RULE 29.6 

None of the appellants has a parent corporation, and no 

publicly held company owns 10% or more of the stock of any of 

the appellants. 
IV 
v 

TABLE OF CONTENTS 

Page 

QUESTIONS PRESENTED .................................................. .i 

PARTIES TO THE PROCEEDINGS ................................... .ii 

STATEMENT PURSUANT TO RULE 29.6 ...................... iii 

TABLE OF AUTHORITIES ................................................. vi 

INTRODUCTION .................................................................. ! 

OPINIONS BELOW .............................................................. 2 

JURISDICTION ..................................................................... 2 

PERTINENT CONSTITUTIONAL AND STATUTORY 

PROVISIONS ................................................................. 2 

STATEMENT OF THE CASE .............................................. 2 

THE QUESTIONS PRESENTED ARE SUBSTANTIAL .... 8 

CONCLUSION .................................................................... 18 
Vl 

TABLE OF AUTHORITIES 

Page 

CASES 

Buckley v. Valeo, 

424 U.S. 1 (1976) ..................................................... passim 

California Democratic Party v. Jones, 

530 U.S. 567 (2000) ........................................................ 11 

Citizens Against Rent Control/Coalition for Fair Housing 

v. Berkeley, 

454 u.s. 290 (1981) .......................................................... 9 

Colorado Republican Fed. Campaign Comm. v. FEC, 

518 u.s. 604 (1996) ·················································· 10, 16 

Davis v. Bandemer, 

479 u.s. 109 (1986) ........................................................ 12 

Eu v. San Francisco County Democratic; Cent. Comm., 

489 u.s. 214 (1989) .......................................................... 9 

Ex parte Siebold, 

100 u.s. 371 (1879) ........................................................ 11 

FEC v. Massachusetts Citizens for Life, Inc., 

479 U.S. 238 (1986) ........................................................ 13 

FEC v. National Conservative Political Action Comm., 

470 u.s. 480 (1985) ........................................................ 10 

New York Times Co. v. Sullivan, 

376 u.s. 254 (1964) ........................................................ 17 

Oregon v. Mitchell, 

400 u.s. 112 (1970) ........................................................ 11 

Perry v. Sindermann, 

408 u.s. 593 (1972) ........................................................ 17 

Police Dep 't of Chicago v. Mosley, 

408 u.s. 92 (1972) .......................................................... 12 
Vll 

Rosenberger v. Rector and Visitors ofUniv. ofVa., 

515 u.s. 819 (1995) ........................................................ 17 

Schaumberg v. Citizens for a Better Env 't, 

444 u.s. 620 (1990) .......................................................... 9 

Watchtower Bible & Tract Society of NY, Inc. v. 

Village of Stratton, 

536 u.s. 150 (2002) ....................................................... 15 

STATUTES 

Bipartisan Campaign Reform Act of 2002, 

Pub. L. No. 107-155, 116 Stat. 81.. ........................... 2, 3, 8 

Federal Election Campaign Act, 

Pub. L. No. 92-225, 86 Stat. 3 (1972) ............................... 2 

Federal Election Campaign Act, 

Pub. L. No. 93-443, 88 Stat. 1263 (1974) ......................... 2 

Federal Election Campaign Act, 

Pub. L. No. 94-238, 90 Stat. 475 (1976) ........................... 3 

OTHER AUTHORITIES 

The Federalist No. 59 (Hamilton) (C. Rossiter ed. 1961) .. 11 
Vlll 
INTRODUCTION 

This case needs no introduction. It is the constitutional 

challenge to the "McCain-Feingold" law- known officially, if 

somewhat misleadingly, as the Bipartisan Campaign Reform 

Act (BCRA). The statute represents the most comprehensive 

campaign finance legislation since the Federal Election 

Campaign Act (FECA), and this case represents the most 

significant constitutional challenge to such legislation since 

Buckley v. Valeo, 424 U.S. 1 (1976). 

At its core, this is a case about the First Amendment. BCRA 

constitutes a frontal assault on First Amendment values, the 

likes of which have not been seen since the Republic's infancy. 

But BCRA also offends other constitutional principles -

principles that are no less fundamental. It purports to regulate 

the activities of political parties and candidates not just with 

respect to federal elections, but also with respect to state 

elections, notwithstanding Congress' lack of power so to 

regulate. It subjects a variety of players in the political process, 

and a varietyoftypes of political speech, to disparate treatment, 

despite the absence of any justification for doing so. And it 

contains an abundance of vague provisions, thereby 

transforming the Federal Election Commission, the regulatory 

body tasked with enforcing those provisions, into a board of 

censors that decides which types of political speech are 

permitted and which are not. Rarely has Congress acted with 

such utter disregard for so many constitutional limitations on its 

power. 

Appellants urge this Court to note probable jurisdiction on 

the questions presented herein, and to reverse the district court 

on those questions. 1 

1 Other plaintiffs will likely be filing jurisdictional statements of their own, 

and it is anticipated that defendants will also do so. Where necessary, 

appellants will file prompt responses to those statements. In addition, 

appellants shortly intend to file a motion proposing procedures for the 
2 

OPINIONS BELOW 

The district court's opinions are not yet reported. See 

Appendix ("App.") 3a. Appellants' notice of appeal is 

reprinted at App. 1a-2a. 

JURISDICTION 

The district court entered judgment on May 2, 2003. 

Appellants filed their timely notice of appeal on May 2, 2003. 

This Court has appellate jurisdiction pursuant to section 

403(a)(3) ofBCRA. 

PERTINENT CONSTITUTIONAL AND STATUTORY 

PROVISIONS 

The Bipartisan Campaign Reform Act of2002 (BCRA), Pub. 

L. No. 107-155, 116 Stat. 81, is reprinted at App. 7a-68a. 

Article I, Section 4, of the United States Constitution is 

reprinted at App. 4a. 

The First Amendment of the United States Constitution is 

reprinted at App. Sa. 

The Fifth Amendment of the United States Constitution is 

reprinted at App. 6a. 

STATEMENT OF THE CASE 

1. The history of campaign finance regulation in the United 

States is relatively brief. In fact, Congress did not attempt 

systematically to regulate the financing of campaigns until 

1971, when it enacted the Federal Election Campaign Act 

(FECA). See Pub. L. No. 92-225, 86 Stat. 3 (1972) (codified as 

amended at 2 U.S.C. §§ 431-455). As amended in 1974, see 

Pub. L. No. 93-443, 88 Stat. 1263, FECA had three principal 

components. First, and most fundamentally, FECA established 

limits on the amount of money that could be contributed for the 

purpose of influencing federal elections - money that would 

come to be known as "hard money." Individuals could 

disposition of this appeal. 
3 

contribute up to $1,000 per candidate, and "political 

committees" (including political action committees, or PACs) 

could contribute up to $5,000? Second, FECA also imposed 

limits on the amount of money that could be spent in federal 

elections, restricting expenditures by any person "relative to a 

clearly identified candidate" to $1,000. Finally, FECA 

established limits on "coordinated expenditures": that is, 

expenditures made on behalf of, and in collaboration with, a 

federal candidate for express advocacy and related activities. 

FECA treated coordinated expenditures as "contributions" 

subject to the applicable limits, and set separate limits for 

coordinated expenditures by political party committees. 

2. In Buckley, this Court considered challenges to these 

and numerous other provisions ofFECA. The Court began by 

recognizing that both contributions and expenditures on behalf 

of political candidates implicate the First Amendment rights of 

free speech and free association, although it asserted that 

limitations on expenditures constituted "significantly more 

severe" restrictions on those rights than limitations on 

contributions. See 424 U.S. at 19-23. The Court also 

recognized that the government had a compelling interest in 

"the prevention of corruption and the appearance of 

corruption." See id. at 25. Although the Court did not define 

"corruption," it repeatedly referred to "quid pro quo" 

arrangements in which contributions or expenditures were made 

2 In 1976, Congress amended FECA to add further limits. See Pub. L. No. 

94-238, 90 Stat. 475. Under those amendments, individuals could contribute 

up to $5,000 per year to any particular political committee (including PACs 

and state political party committees), and up to $20,000 per year to any 

national party committee. Political party committees, in turn, could 

contribute up to $5,000 to a candidate's campaign, with national party 

committees allowed to contribute up to $17,500 to a senatorial candidate's 

campaign. 

The BCRA raises a number of these contribution limits. See BCRA 

§ § 102, 307. Appellants are not directly challenging any ofthe contribution 

limits in this appeal. 
4 

in order to secure or "influence" a particular action. See id. at 

26, 27, 45. 

The Court upheld FECA's contribution limits as 

constitutional. See id. at 24-38. However, it struck down 

FECA's limits on independent expenditures. See id. at 39-59. 

In order to address both vagueness and overbreadth concerns, 

the Court first narrowly construed the expenditure limits to 

cover only those funds that were spent for what has come to be 

known as "express advocacy": that is, funds used "in express 

terms [to] advocate the election or defeat of a clearly identified 

candidate." Id. at 44. This narrowing construction therefore 

excluded from the reach of government regulation political 

advocacy that does not expressly advocate the election or defeat 

of a clearly identified candidate (so-called "issue advocacy"). 

Even after narrowing these provisions, however, the Court 

struck them down on the ground that independent expenditures 

did not pose a sufficient threat of corruption or the appearance 

of corruption. See id. at 45. In so doing, the Court expressed 

approval of FECA's treatment of coordinated expenditures as 

contributions. See id. at 47. The Court applied a similar 

narrowing construction to a provision of FECA requiring 

disclosure of certain expenditures, but ultimately upheld that 

provision. See id. at 74-82. 

3. In the wake of Buckley, the FECA regime for the 

financing of federal election campaigns peacefully coexisted 

with the States' regimes for the financing of their own election 

campaigns. Some States allowed virtually unlimited 

contributions to, and expenditures by, state candidates and party 

committees; others imposed even more stringent limits than 

those imposed by FECA on the federal level. 

Questions arose, however, regarding the financing of 

activities that had effects on both federal and state elections, 

such as voter registration, voter identification, and get-out-thevote activities. In 1978, the Federal Election Commission 

(FEC) declared that state and local party committees could use a 
5 

combination of federally regulated funds (so-called "hard 

money") and state-regulated funds (so-called "soft money") to 

fund those activities. See FEC Advisory Op. 1978-10. The 

FEC subsequently allowed national party committees to use a 

similar "allocation" of federally regulated and state-regulated 

funds. See FEC Advisory Op. 1979-17. Over the next two 

decades, the FEC extended the allocation regime to cover other 

activities by party committees, including administrative 

expenses, party-promoting (or "generic") campaign activities, 

and, perhaps most critically, issue advocacy. See FEC Advisory 

Op. 1995-25. During the 1990s, the raising and spending of 

state-regulated funds for party activities, and the use of issue 

advocacy by political parties and other groups, expanded 

significantly. 

4. It was against this backdrop that BCRA was enacted. 

The relevant provisions ofBCRA are contained in four titles. 

a. Title I ofBCRA effectively outlaws the use of so-called 

"soft money": that is, money which has not previously been 

subject to federal regulation, but which has been raised by 

political parties in full compliance with applicable state law. 

Section 101 ofBCRA bans national party committees from 

receiving or spending state-regulated funds for any purposewhether for activities affecting both federal and state elections, 

for which an allocation of state-regulated funds could 

previously be used, or for activities that affect only state 

elections. Section 101 also bans national party committees 

from soliciting state-regulated funds for, or transferring stateregulated funds to, any other entity, including state and local 

party committees. 

In addition, section 101 bans state and local party committees 

from spending state-regulated funds for what BCRA 

euphemistically calls "federal election activity" - a broadly 

defined phrase that encompasses voter registration, voter 

identification, get-out-the-vote activity, and generic campaign 
6 

activity whenever there is a federal election on the ballot, and 

advertising that contains certain types of references to federal 

candidates. Because most States hold their state and local 

elections simultaneously with federal elections, the practical 

effect of this provision is to ban state and local party 

committees from using state-regulated funds for covered 

activities even if those activities solely or primarily affect state 

and local elections. Although section 101 creates a narrow 

subcategory of these activities that can be paid for with a new 

category of federally regulated funds (so-called "Levin" funds), 

it requires state and local party committees to raise funds for 

these activities on their own, without engaging in joint 

fundraising or receiving transfers of funds from other party 

committees. 

Section 101 also severely restricts federal officeholders and 

candidates from raising state-regulated funds for state and local 

party committees and candidates. Moreover, it bans state and 

local candidates from spending state-regulated funds on 

advertising that contains certain types of references to federal 

candidates. 

b. Title II of BCRA contains a number of challenged 

provlSlons. Most notably, sections 201 and 204 ban all 

corporations and unions, or other entities using funds donated 

by corporations and unions, from making disbursements for 

"electioneering communications," which section 203 defines as 

any advertising, carried by a broadcast, satellite, or cable 

medium within 30 days of a primary or 60 days of a general 

election, which "refers to a clearly identified candidate for 

Federal office." In the event that this definition is held to be 

unconstitutional, section 203 also contains a "fallback" 

definition of "electioneering communications," which covers 

any broadcast advertising, at any time, which "promotes," 

"supports," "attacks," or "opposes" a federal candidate and "is 

suggestive of no plausible meaning other than an exhortation to 

vote for or against a specific candidate." In addition to banning 
7 

corporations and unions from making "electioneering 

communications" altogether, section 201 requires all persons 

who spend $10,000 on "electioneering communications" to 

make disclosures to the FEC regarding those disbursements. 

Several other provisions of Title IT are also under challenge. 

Sections 201 and 212 impose disclosure requirements on 

persons who merely enter into a contract to make disbursements 

for electioneering communications or other expenditures, even 

before those outlays are actually made. Section 202 treats 

coordinated disbursements for electioneering communications, 

like coordinated expenditures, as contributions to the 

"supported" candidates, and sections 211 and 214 broadly 

define the concept of "coordination" and order the FEC to 

promulgate new regulations concerning that definition. Finally, 

section 213 bans political parties from making both independent 

and coordinated expenditures on behalf of any given candidate, 

and instead forces them to choose which type of expenditures to 

make. 

c. Title III of BCRA is composed of "miscellaneous" 

provisions, several of which are at issue in this litigation. 

Section 318 bans minors from contributing federally regulated 

money in any amount to a federal candidate, and from 

contributing either federally regulated or state-regulated money 

to a political party committee. Section 305 requires a federal 

candidate who wishes to take advantage ofthe lowest available 

rate for a broadcast advertisement either to certify that he or she 

will not refer to another candidate in his or her advertising, or to 

include a specified identification or visual statement in the ad. 

Sections 304, 316, and 319 raise the generally applicable 

limitations on contributions and coordinated expenditures for 

candidates who face opponents using specified amounts of 

personal funds in their campaigns. And section 311 establishes 

detailed identification requirements for the sponsors of 

advertising that qualifies as express advocacy or "electioneering 

communications." 
8 

d. Title V of BCRA contains one provlSlon under 

challenge, section 504, which requires broadcasters to collect 

and disclose records of requests to purchase broadcast time for 

communications "relating to any political matter of national 

importance," even ifthose communications are never actually 

made. 

5. Although noting that BCRA raised "serious 

constitutional concerns," President Bush signed BCRA into law 

on March 27, 2002. Eleven complaints were immediately filed 

in the United States District Court for the District of Columbia, 

challenging the constitutionality of various aspects ofthe law. 

Pursuant to the judicial-review provisions in section 403 of the 

BCRA, those cases were consolidated before a single threejudge panel (Henderson, Circuit Judge, and Kollar-Kotelly and 

Leon, District Judges). The court ordered the parties to conduct 

expedited discovery and a "paper trial," in which witnesses 

filed written statements and were cross-examined outside court. 

On November 6, 2002, BCRA took effect. After a voluminous 

record was compiled and expedited briefing completed, the 

court heard oral arguments on December 4 and 5, 2002. 

On May 2, 2003, the district court issued opinions upholding 

some provisions ofBCRA, striking down other provisions, and 

holding that appellants' challenges to other provisions were 

nonjusticiable. See App. 3a. This appeal follows. 

THE QUESTIONS PRESENTED ARE SUBSTANTIAL 

In BCRA, Congress vested this Court with direct appellate 

jurisdiction over the district court's resolution of challenges to 

BCRA's constitutionality, and asked this Court "to expedite to 

the greatest possible extent the disposition of the * * * appeal." 

See BCRA § 403(a)(3). The district court's decision to reject 

some of appellants' constitutional challenges was erroneous, 

and this Court should note probable jurisdiction on those issues. 

1. The district court largely struck down the "soft money" 

provision ofBCRA (section 101 ), but upheld restrictions on the 
9 

use of soft money by party committees for certain types of 

advertising, and also upheld restrictions on the solicitation and 

use of soft money by officeholders and candidates. To the 

extent the district court held section 101 constitutional, that 

decision was erroneous and should be reversed. 

a. Most significantly, section 101 violates the First 

Amendment. Section 101 imposes burdens on speech and 

associational rights that far outweigh those imposed by the 

contribution and expenditure limits at issue in Buckley. By 

limiting the mere solicitation of state-regulated funds by 

various actors, including officeholders and candidates 

(provisions upheld by the district court), section 1 01 directly 

restricts the speech of those actors. See, e.g., Schaumberg v. 

Citizens for a Better Env 't, 444 U.S. 620, 632 (1980). Section 

101 also interferes with the ability of party committees to 

associate with other committees ofthe same party, officeholders 

and candidates, and other organizations. See, e.g., Eu v. San 

Francisco County Democratic Cent. Comm., 489 U.S. 214, 

230-31 (1989). . Because of the substantial speech and 

associational interests implicated, and because the limits on 

donations of state-regulated funds to national party committees 

effectively serve as limits on the amounts that national party 

committees can spend, section 101 ofBCRA should be subject 

to strict scrutiny. See Citizens Against Rent Control/Coalition 

for Fair Housing v. Berkeley, 454 U.S. 290, 299 (1981). 

Section 101 cannot survive strict scrutiny because it is not 

narrowly tailored to meet a compelling governmental interest. 

Although appellees will suggest that section 101 was justified 

to prevent donors of state-regulated funds from securing 

"access" to federal officeholders and candidates or to prevent 

circumvention of current campaign finance regulations, this 

Court has not recognized either of those potentially limitless 

justifications for regulation as compelling. Instead, the only 

interest that this Court has recognized as compelling in the 

campaign finance context is the interest in reducing actual or 
10 

apparent corruption. See FEC v. National Conservative 

Political Action Comm., 470 U.S. 480, 496-97 (1985). 

As a threshold matter, it is questionable whether restrictions 

on the donation of state-regulated funds to, or the spending of 

any state-regulated funds by, a political party serve that interest 

at all. As this Court has noted, there are no "special dangers of 

corruption associated with political parties." Colorado 

Republican Fed. Campaign Comm. v. FEC, 518 U.S. 604,616 

(1996) (Colorado I) (plurality opinion).3 Moreover, where 

funds are being used for activities that do not exclusively serve 

to get a candidate elected (such as generic party activity), rather 

than for activities that exclusively do so (such as express 

advocacy), "the opportunity for corruption * * * is, at best, 

attenuated." !d. 

Even assuming that section 101 does serve the government's 

interest in reducing actual or apparent corruption, however, it is 

not narrowly tailored to serve that goal. To the extent that 

Congress was concerned that the amount of donations of stateregulated funds gave rise to corruption, it could simply have 

capped the amount that could be given. And to the extent that 

Congress was worried about the use of state-regulated funds for 

certain types of advertising, it could perhaps have banned only 

the disbursement of state-regulated funds for that purpose, as 

the district court suggests - though, as we will shortly 

demonstrate, such advertising is in fact constitutionally 

protected speech. 

b. Section 101 is constitutionally problematic for three 

other reasons. First, appellants intend to argue that Congress 

lacked the power to enact section 101 , which restricts the 

activities of political party committees, officeholders, and 

candidates not only with respect to federal elections, but also 

3 See also id. at 629 (Kennedy, J., concurring in part and dissenting in part) 

(same); id. at 646 (Thomas, J., concurring in part and dissenting in part) 

(same). 
11 

with respect to state and local elections. The Elections Clause 

in Article I, Section 4, of the Constitution - the traditionally 

cited source of authority to regulate campaign financing, see 

Buckley, 424 U.S. at 13 -gives Congress the power to regulate 

only the "Times, Places, and Manner" of holding federal 

elections. Both the contemporary understanding and 

subsequent case law demonstrate beyond doubt that the 

Elections Clause does not give Congress the power to regulate 

state elections as well. See, e.g., The Federalist No. 59, at 363 

(Hamilton) (C. Rossiter ed. 1961); Oregon v. Mitchell, 400 U.S. 

112, 124-25 (1970) (opinion of Black, J.); Ex parte Siebold, 

100 U.S. 371, 393 (1879); cf California Democratic Party v. 

Jones, 530 U.S. 567, 590 (2000) (Stevens, J., dissenting) 

(noting that " [a] State's power to determine how its officials are 

to be elected is a quintessential attribute of sovereignty"). 

Section 101 of BCRA constitutes an improper exercise of 

Congress' Elections Clause power because it fails sufficiently 

to accommodate the competing state interest in regulating 

activities that affect state elections. Section 101 prohibits party 

committees from raising and spending state-regulated funds for 

many activities that have effects on both federal and state 

elections (including the use of state-regulated funds for 

advertising that refers to both federal and state candidates, the 

regulation of which the district court upheld), and other 

activities that have effects only on state elections. Similarly, in 

provisions upheld by the district court, section 101 dramatically 

limits the ability of federal officeholders and candidates to raise 

money for state and local candidates, and imposes 

unprecedented restrictions on the speech of state and local 

candidates themselves. 

Second, section 101 violates basic principles of equal 

protection to the extent that it regulates speech by political 

parties but not identical speech by similarly situated entities. 

The requirement that the government act neutrally among 

speakers is embedded not only in the equal protection 
12 

component of the Fifth Amendment, but also in the First 

Amendment itself. See Police Dep 't of Chicago v. Mosley, 408 

U.S. 92, 96 (1972). At least as originally written, section 101 

unquestionably disadvantages political party committees 

compared to interest groups: whereas national party committees 

are banned outright from raising or spending state-regulated 

funds for contributions to state or local candidates, voter 

registration, voter identification, get-out-the-vote activity, 

generic campaign activity, advocacy relating to ballot measures, 

and even administrative expenses, interest groups will be able 

to continue to raise and spend non-federally regulated funds for 

all of these purposes. The predictable result is that interest 

groups will tend to supplant political party committees with 

regard to all of these activities, thereby diluting the central role 

that political parties traditionally have played in our democratic 

process. See Davis v. Bandemer, 478 U.S. 109, 145 (1986) 

(O'Connor, J., concurring). 

Third, a number of terms in section 101 are 

unconstitutionally vague, including several terms in the 

definition of "federal election activity" (such as covered 

"communications" that "promote," "support," "attack," or 

"oppose" a federal candidate). Crucially, the FEC's rulemaking 

on section 1 01 has failed to cure the vagueness of many of these 

terms, and in some cases has introduced additional vagueness in 

the regulatory regime. This vagueness will force party 

committees and other actors either to "steer far wider of the 

unlawful zone than if the boundaries of the forbidden areas 

were clearly marked," Buckley, 424 U.S. at 41 n.48 (internal 

quotation omitted), or to seek prior approval from the FEC 

before engaging in political speech. 

2. The district court partially upheld and partially struck 

down the "electioneering communications" provisions of 

BCRA. 

As to those provisions, appellants intend to argue that the 

regulation of disbursements for political speech other than 
13 

express advocacy violates the First Amendment, as this Court 

previously held in both Buckley and FEC v. Massachusetts 

Citizens for Life, Inc., 479 U.S. 238 (1986) (MCFL). In 

Buckley, the Court considered a provision ofFECA restricting 

expenditures by any person "relative to a clearly identified 

candidate" to $1,000, and an attendant provision requiring 

disclosures of certain expenditures made "for the purpose of 

* * * influencing" federal elections. In both instances, the 

Court narrowed the statutory provisions to reach only 

expenditures made for "communications that in express terms 

advocate the election or defeat of a clearly identified candidate 

for federal office": that is, "communications containing express 

words of advocacy of election or defeat, such as 'vote for,' 

'elect,' 'support,' 'cast your ballot for,' 'Smith for Congress,' 

'vote against,' 'defeat,' 'reject."' Buckley, 424 U.S. at 44 & 

n.52, 80. The Court made clear that it was narrowing these 

provisions not merely to cure vagueness in the statutory 

language, but also to eliminate constitutional overbreadth. See, 

e.g., id. at 80. Notably, the Court drew the constitutional line at 

express advocacy while recognizing that the distinction between 

express advocacy and other advocacy "may often dissolve in 

practical application" because "[ c ]andidates, especially 

incumbents, are intimately tied to public issues involving 

legislative proposals and governmental actions." Id. at 42. In 

MCFL, the Court similarly narrowed a provision that banned 

corporate expenditures "in connection with" federal elections to 

cover only expenditures for express advocacy, this time doing 

so solely on the basis of overbreadth. See 479 U.S. at 248-49. 

Because both of section 203 's definitions of"electioneering 

communications" - including the fallback definition, as 

modified and then upheld by the district court - extend far 

beyond constitutionally regulable express advocacy, the ban on 

disbursements for "electioneering communications" by 

corporations and unions in sections 201 and 204, and the 
14 

attendant disclosure requirements in sections 201 and 311, 

should be struck down. 

Appellees will likely argue that this Court should overrule 

Buckley and MCFL on the theory that many ads run in 

proximity to elections are "sham" issue ads, which are 

"intended" to influence elections, and therefore should be 

treated as the constitutional equivalent of express advocacy. As 

the Court recognized in Buckley, it is true that any discussion of 

issues and candidates "tend[ s] naturally and inexorably to exert 

some influence on voting at elections." 424 U.S. at 42 n.50 

(internal quotation omitted). As Buckley itself makes clear, 

however, the distinction between express advocacy and other 

advocacy was intended precisely to avoid efforts such as 

appellees' to divine the real "purpose" behind an ad. In any 

event, the evidentiary record before the district court 

demonstrates that BCRA reaches a substantial amount of fully 

protected political speech, even under appellees' redefinition of 

express advocacy. 

Finally, appellants intend to make further arguments 

regarding the constitutionality of BCRA's "electioneering 

communications" provisions. Appellants intend to argue that 

the "fallback" definition of"electioneering communications" in 

section 203, as modified and then upheld by the district court, is 

impermissibly vague because reasonable people can differ as to 

whether any given advertisement "promotes," "supports," 

"attacks," or "opposes" a federal candidate. Finally, appellants 

intend to argue that section 203 violates basic principles of 

equal protection because it regulates speech carried by 

broadcast media but not by other media, and because it exempts 

communications by media corporations themselves. 

3. The district court struck down some of the "advance 

notice" provisions ofBCRA (sections 201 and 212) and held 

that challenges to other of those provisions were nonjusticiable. 

Appellants intend to argue that all of their challenges are 

justiciable and that all of the "advance notice" provisions 
15 

violate the First Amendment. Those provlSlons impose 

disclosure requirements on persons who merely enter into a 

contract to make disbursements for electioneering 

communications or other expenditures, even before those 

disbursements or expenditures are actually made, and even if 

they are ultimately not made. Sections 201 and 212 therefore 

differ in kind from the FECA reporting provisions upheld in 

Buckley, which required only after-the-fact disclosure. See 

Buckley, 424 U.S. at 74-82. 

By requiring disclosure of a mere intention to make 

disbursements or expenditures, regardless of whether they are 

actually made, sections 201 and 212 cannot be said to serve any 

governmental interest in preventing corruption or the 

appearance of corruption, informing the electorate as to the 

source of campaign spending, or assisting in enforcement of 

contribution limits-much less to be narrowly tailored to those 

interests. These provisions will chill the exercise of free speech 

by forcing would-be speakers to disclose their plans in advance, 

thereby potentially subjecting them to harassment and giving 

their opponents the opportunity either to dissuade media 

organizations from running the ads at issue or to counter those 

ads with ones of their own. Such a restraint plainly violates the 

First Amendment. Cf Watchtower Bible & Tract Society of 

NY., Inc. v. Village of Stratton, 536 U.S. 150, 165 (2002) 

(striking down ordinance requiring permits for canvassers). 

4. The district court upheld some of the "coordination" 

provisions of BCRA (section 211 and 214) and held that 

challenges to other of those provisions were nonjusticiable. 

Appellants intend to argue that all of their challenges are 

justiciable and that all of the "coordination" provisions violate 

the First Amendment. Sections 211 and 214 give the concept of 

"coordination" a new, broader definition, with section 214( c) 

expressly stating that "agreement or formal collaboration" are 

not required in order to establish coordination, and ordering the 

FEC to promulgate new regulations consistent with this 
16 

directive. This Court's prior cases on coordinated expenditures, 

however, make clear that some degree of actual agreement is 

necessary before an expenditure can be treated as coordinated 

and therefore as the legal equivalent of a contribution. See, e.g., 

Colorado I, 518 U.S. at 619 (plurality opinion); Buckley, 424 

U.S. at 47 & n.53. Any definition of coordination that lacks 

some requirement of actual agreement is therefore 

unconstitutional. 

Moreover, section 202 treats coordinated disbursements for 

electioneering communications, like coordinated expenditures 

for express advocacy, as contributions to the "supported" 

candidates. If this Court strikes down the "electioneering 

communications" provisions ofBCRA, thereby reaffirming that 

Congress may not regulate advocacy that does not constitute 

express advocacy, it should also strike down the "coordination" 

provisions of BCRA insofar as they reach disbursements for 

speech that does not qualify as express advocacy. 

5. The district court next held that challenges to the "attack 

ad" provision of BCRA (section 305) are nonjusticiable. 

Appellants intend to argue that their challenges are justiciable 

and that section 305 violates the First Amendment. Section 305 

requires a federal candidate who wishes to take advantage ofthe 

statutorily mandated lowest available rate for a broadcast 

advertisement either to certify that he or she will not refer to 

another candidate in his or her advertising, or to include a 

specified identification or visual statement in the ad. There is 

no question that this provision was designed to discourage, if 

not eradicate, so-called "negative advertising": the very title of 

the provision is "Limitation on Availability of Lowest Unit 

Charge for Federal Candidates Attacking Opposition." 

Section 305 violates the First Amendment because it imposes 

an unconstitutional condition (namely, the requirement that a 

candidate either engage in "positive" advertising or include 

certain speech in his or her "negative" advertising) on the 

availability of a governmental benefit (namely, the "lowest 
17 

unit" rate). See, e.g., Perry v. Sindermann, 408 U.S. 593, 597 

(1972). Indeed, to the extent that section 305 favors "positive" 

over "negative" advertising, it constitutes an impermissible 

viewpoint-based regulation of speech. See, e.g., Rosenberger v. 

Rector & Visitors ofUniv. ofVa., 515 U.S. 819, 829 (1995). It 

is beyond question that "negative," like "positive," political 

speech enjoys the fullest constitutional protection. See, e.g., 

New York Times Co. v. Sullivan, 376 U.S. 254,270 (1964). 
18 

CONCLUSION 

For the foregoing reasons, the Court should note probable 

jurisdiction. 

FLOYD ABRAMS 

SUSAN BUCKLEY 

BRIAN MARKLEY 

CAHILL GORDON & 

REINDELLLP 

80 Pine Street 

New York, NY 10005 

(212) 701-3000 

Attorneys for Senator Mitch 

McConnell and National 

Association of Broadcasters 

KATHLEEN M. SULLIVAN 

559 Nathan Abbott Way 

Stanford, CA 94305 

(650) 725-9875 

Attorney for Senator Mitch 

McConnell 

G. HUNTER BATES 

1215 Cliffwood Drive 

Goshen, KY 40026 

(502) 473-7557 

Attorney for Senator Mitch 

McConnell and Thomas E. 

Mcinerney 

Respectfully submitted, 

KENNETH W. STARR 

Counsel of Record 

EDWARDW. WARREN 

KANNON K. SHANMUGAM 

KIRKLAND & ELLIS 

655 Fifteenth Street, N.W. 

Washington, DC 20005 

(202) 879-5000 

Attorneys for Senator Mitch 

McConnell; Southeastern 

Legal Foundation, Inc.; 

Representative Bob Barr; 

Center for Individual 

Freedom; National Right to 

Work Committee; 60 Plus 

Association, Inc.; and U.S. 

d/b/a Pro English 

JAN WITOLD BARAN 

THOMAS W. KIRBY 

LEE E. GOODMAN 

WILEY, REIN & FIELDING 

LLP 

1776 K Street, N.W. 

Washington, DC 20006 

(202) 719-7000 

Attorneys for Senator Mitch 

McConnell 
VALLE SIMMS DUTCHER 

L. LYNN HOGUE 

SOUTHEASTERN LEGAL 

FOUNDATION, INC. 

3340 Peachtree Road, N.E. 

Suite 3515 

Atlanta, GA 30326 

( 404) 365-8500 

Attorneys for Southeastern 

Legal Foundation, Inc.; 

Representative Bob Barr; 

Center for Individual 

Freedom; National Right to 

Work Committee; 60 Plus 

Association, Inc.; and US. 

d/b/a Pro English 

May2, 2003 

19 
APPENDIX 
APPENDIX A 

APPENDIXB 

APPENDIXC 

APPENDIXD 

APPENDIXE 

APPENDIXF 

APPENDIX 

TABLE OF CONTENTS 

Notice of Appeal to the Supreme 

Court ofthe United States, 

May 2, 2003 ...................................... 1a 

Opinion of the District Court, 

May 2, 2003 ...................................... 3a 

U.S. Const. art. I, § 4 ....................... .4a 

U.S. Const. amend. I.. ....................... 5a 

U.S. Const. amend. V ....................... 6a 

Bipartisan Campaign Reform Act 

of2002, Pub. L. No. 107-155, 

166 Stat. 81 ....................................... 7a 
1a 

APPENDIX A 

NOTICE OF APPEAL 

IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF COLUMBIA 

SENATOR MITCH 

McCONNELL, et al., 

v. 

Plaintiffs, 

FEDERAL ELECTION 

COMMISSION, et al., 

Defendants. 

Civ. No. 02-0582 

(CKK, KLH, RKL) 

(and related cases) 

NOTICE OF APPEAL TO THE SUPREME COURT 

OF THE UNITED STATES 

Notice is hereby given that the following plaintiffs hereby 

appeal to the Supreme Court ofthe United States from any and 

all adverse rulings incorporated in, antecedent to, or ancillary to 

the final judgment of the three-judge district court entered in 

this action on May 2, 2003: Senator Mitch McConnell; 

Southeastern Legal Foundation, Inc.; Representative Bob Barr; 

Center for Individual Freedom; National Right to Work 

Committee; 60 Plus Association, Inc.; U.S. d/b/a Pro English; 

and Thomas E. Mcinerney (in No. 02-582, McConnell v. FE C); 

and the National Association ofBroadcasters (in No. 02-753, 

National Ass 'n of Broadcasters v. FEC). 

This appeal is taken pursuant to section 403(a)(3) of the 

Bipartisan Campaign Reform Act of 2002, Pub. L. No. 107-

155, 116 Stat. 81, 114. 
Floyd Abrams 

Susan Buckley 

Brian Markley 

Cahill Gordon & 

Reindel LLP 

80 Pine Street 

New York, NY 10005 

(212) 701-3000 

Attorneys for Senator Mitch 

McConnell and National 

Association of Broadcasters 

2a 

Respectfully submitted, 

------~Is! __________ _ 

Kenneth W. Starr 

Edward W. Warren 

Kannon K. Shanmugam 

Kirkland & Ellis 

655 Fifteenth Street, N.W. 

Washington, DC 20005 

(202) 879-5000 

Attorneys for Senator Mitch 

McConnell; Southeastern 

Legal Foundation, Inc.; 

Representative Bob Barr; 

Center for Individual 

Freedom; National Right to 

Work Committee; 60 Plus 

Association, Inc.; and US. 

d/b/a Pro English 

(additional counsel omitted) 

May2, 2003 
3a 

APPENDIXB 

OPINION OF THE DISTRICT COURT 

The district court's opinions can be found on the Internet at 

http://lsmns2o.gtwy.uscourts.gov/dcd/mcconnell-2002-ruling. 

html. 
4a 

APPENDIXC 

UNITED STATES CONSTITUTION 

ARTICLE I, SECTION 4 

The Times, Places and Manner of holding Elections for 

Senators and Representatives, shall be prescribed in each State 

by the Legislature thereof; but the Congress may at anytime by 

Law make or alter such Regulations, except as to the Places of 

chusing Senators. 

The Congress shall assemble at least once in every Year, and 

such meeting shall be on the first Monday in December, unless 

they shall by Law appoint a different day. 
5a 

APPENDIXD 

UNITED STATES CONSTITUTION 

AMENDMENT I 

Congress shall make no law respecting an establishment of 

religion, or prohibiting the free exercise thereof; or abridging 

the freedom of speech, or of the press; or the right ofthe people 

peaceably to assemble, and to petition the Government for a 

redress of grievances. 
6a 

APPENDIXE 

UNITED STATES CONSTITUTION 

AMENDMENTV 

No person shall be held to answer for a capital, or otherwise 

infamous crime, unless on a presentment or indictment of a 

Grand Jury, except in cases arising in the land or naval forces, 

or in the Militia, when in actual service in time ofW ar or public 

danger; nor shall any person be subject for the same offence to 

be twice put in jeopardy oflife or limb; nor shall be compelled 

in any criminal case to be a witness against himself, nor be 

deprived of life, liberty, or property, without due process of 

law; nor shall private property be taken for public use, without 

just compensation. 
7a 

APPENDIXF 

BIPARTISAN CAMPAIGN REFORM ACT OF 2002 

PUB. L. NO. 107-155, 166 STAT. 81 

[March 27, 2002] 

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 of2002". 

(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. 
8a 

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 oflowest 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. 
9a 

Sec. 315. Increase in penalties imposed for violations of 

conduit contribution ban. 

Sec. 316. Restriction on increased contribution limits by 

taking into account candidate's available funds. 

Sec. 317. Clarification of right of nationals of the United 

States to make political contributions. 

Sec. 318. Prohibition of contributions by minors. 

Sec. 319. Modification ofindividual 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 
lOa 

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

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

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

the limitations, prohibitions, and reporting requirements of this 

Act. 

"(2) APPLICABILITY. - The prohibition established by 

paragraph (1) applies to any such national committee, any 

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

and any entity that is directly or indirectly established, financed, 

maintained, or controlled by such a national committee. 

"(b) STATE, DISTRICT, AND LOCAL COMMITTEES.-

"(1) IN GENERAL.-Except as provided in paragraph (2), 

an amount that is expended or disbursed for Federal election 

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

party (including an entity that is directly or indirectly 

established, financed, maintained, or controlled by a State, 

district, or local committee of a political party and an officer or 

agent acting on behalf of such committee or entity), or by an 

association or similar group of candidates for State or local 

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

made from funds subject to the limitations, prohibitions, and 

reporting requirements of this Act. 

"(2) APPLICABILITY. -

"(A) IN GENERAL. -Notwithstanding clause (i) or (ii) 

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

paragraph (1) shall not apply to any amount expended or 

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

party for an activity described in either such clause to the extent 

the amounts expended or disbursed for such activity are 

allocated (under regulations prescribed by the Commission) 

among amounts-

"(i) which consist solely of contributions subject to the 

limitations, prohibitions, and reporting requirements ofthis Act 

(other than amounts described in subparagraph (B)(iii)); and 
lla 

"(ii) other amounts which are not subject to the 

limitations, prohibitions, and reporting requirements ofthis 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). 
12a 

"(C) PROHIBITING INVOLVEMENT OF NATIONAL 

PARTIES, FEDERAL CANDIDATES AND 

OFFICEHOLDERS, AND STATE PARTIES ACTING 

JOINTLY. - Notwithstanding subsection (e) (other than 

subsection (e)(3)), amounts specifically authorized to be spent 

under subparagraph (B)(iii) meet the requirements of this 

subparagraph only if the amounts -

"(i) are not solicited, received, directed, transferred, or 

spent by or in the name of any person described in subsection 

(a) or (e); and 

"(ii) are not solicited, received, or directed through 

fundraising activities conducted jointly by 2 or more State, 

local, or district committees of any political party or their 

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

party on behalf of the State, local, or district committee of a 

political party or its agent in one or more other States. 

"(c) FUNDRAISING COSTS.- An amount spent by a 

person described in subsection (a) or (b) to raise funds that are 

used, in whole or in part, for expenditures and disbursements 

for a Federal election activity shall be made from funds subject 

to the limitations, prohibitions, and reporting requirements of 

this Act. 

"(d) TAX-EXEMPT ORGANIZATIONS. -A national, 

State, district, or local committee of a political party (including 

a national congressional campaign committee of a political 

party), an entity that is directly or indirectly established, 

financed, maintained, or controlled by any such national, State, 

district, or local committee or its agent, and an officer or agent 

acting on behalf of any such party committee or entity, shall not 

solicit any funds for, or make or direct any donations to -

"(1) an organization that is described in section 50l(c) of 

the Internal Revenue Code of 1986 and exempt from taxation 

under section 50l(a) of such Code (or has submitted an 

application for determination of tax exempt status under such 
13a 

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.-

"(I) 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 ofthis 

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 
14a 

State or local office if the solicitation, receipt, or spending of 

funds is permitted under State law and refers only to such State 

or local candidate, or to any other candidate for the State or 

local office sought by such candidate, or both. 

"(3) FUNDRAISING EVENTS. - Notwithstanding 

paragraph (1) or subsection (b)(2)(C), a candidate or an 

individual holding Federal office may attend, speak, or be a 

featured guest at a fundraising event for a State, district, or local 

committee of a political party. 

"(4) PERMITTING CERTAIN SOLICITATIONS.-

"(A) GENERAL SOLICITATIONS. -Notwithstanding 

any other provision of this subsection, an individual described 

in paragraph (1) may make a general solicitation of funds on 

behalf of any organization that is described in section 501 (c) of 

the Internal Revenue Code of 1986 and exempt from taxation 

under section 501(a) of such Code (or has submitted an 

application for determination of tax exempt status under such 

section) (other than an entity whose principal purpose is to 

conduct activities described in clauses (i) and (ii) of section 

301(20)(A)) where such solicitation does not specify how the 

funds will or should be spent. 

"(B) CERTAIN SPECIFIC SOLICITATIONS. - In 

addition to the general solicitations permitted under 

subparagraph (A), an individual described in paragraph (1) may 

make a solicitation explicitly to obtain funds for carrying out 

the activities described in clauses (i) and (ii) of section 

301(20)(A), or for an entity whose principal purpose is to 

conduct such activities, if-

"(i) the solicitation is made only to individuals; and 

"(ii) the amount solicited from any individual during any 

calendar year does not exceed $20,000. 

"(f) STATE CANDIDATES.-
15a 

"( 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 ofthis Act. 

"(2) EXCEPTION FOR CERTAIN COMMUNICATIONS. 

- Paragraph (1) shall not apply to an individual described in 

such paragraph ifthe 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 ofthe Federal Election 

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

the end thereof the following: 

"(20) FEDERAL ELECTION ACTIVITY. -

"(A) IN GENERAL.-The term 'Federal election activity' 

means-

"(i) voter registration activity during the period that begins 

on the date that is 120 days before the date a regularly 

scheduled Federal election is held and ends on the date of the 

election; 

"(ii) voter identification, get-out-the-vote activity, or 

generic campaign activity conducted in connection with an 

election in which a candidate for Federal office appears on the 

ballot (regardless of whether a candidate for State or local office 

also appears on the ballot); 

"(iii) a public communication that refers to a clearly 

identified candidate for Federal office(regardless of whether a 

candidate for State or local office is also mentioned or 

identified) and that promotes or supports a candidate for that 

office, or attacks or opposes a candidate for that office 
16a 

(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 

partyfor-

"(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. 
17a 

"(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) ofthe Federal Election Campaign Act of 

1971 (2 U.S.C. 441a(a)(1)) is amended-

(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 ofthe 

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. 
18a 

"(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)(l) 

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 
19a 

(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-

(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 ofthe 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: 

"(t) 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 
20a 

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 ofthe 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 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. 
21a 

"(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 
22a 

affect the interpretation or application of section 1 00.22(b) of 

title 11, Code ofFederal 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 

"(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. 
23a 

"( 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 ifthe person has executed a contract to make the 

disbursement. 

"(6)COORDINATIONWITHOTHERREQUIREMENTS. 

- 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. 
24a 

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-

(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.-
25a 

"(1) APPLICABLE ELECTIONEERING 

COMMUNICATION.- For purposes ofthis section, the term 

'applicable electioneering communication' means an 

electioneering communication (within the meaning of section 

304(£)(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) ofthis 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 ifthe 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 to 

which only individuals can contribute, as described in section 

304(f)(2)(E). 
26a 

"(4) DEFINITIONS AND RULES. -For purposes ofthis 

subsection-

"(A) the term 'section 50l(c)(4) organization' means-

"(i) an organization described in section 50l(c)(4) ofthe 

Internal Revenue Code of 1986 and exempt from taxation under 

section 50l(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 

50l(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. 44lb), 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 
27a 

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(t)(3)(C)." 

Subtitle B-Independent and Coordinated Expenditures 

SEC. 211. DEFINITION OF INDEPENDENT 

EXPENDITURE. 

Section 301 ofthe Federal Election Campaign Act (2 U.S.C. 

431) is amended by striking paragraph (17) and inserting the 

following: 

"(17) INDEPENDENT EXPENDITURE. - The term 

'independent expenditure' means an expenditure by a person-

"(A) expressly advocating the election or defeat of a clearly 

identified candidate; and 

"(B) that is not made in concert or cooperation with or at 

the request or suggestion of such candidate, the candidate's 

authorized political committee, or their agents, or a political 

party committee or its agents." 

SEC. 212. REPORTING REQUIREMENTS FOR 

CERTAIN INDEPENDENT EXPENDITURES. 

(a) IN GENERAL.- Section 304 ofthe 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.-
28a 

"(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 anytime 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: 
29a 

"( 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)(l )". 

(B) Section 304( d)(l) 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 
30a 

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) ofthe 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 
31a 

party committees adopted by the Federal Election Commission 

and published in the Federal Register at page 76138 ofvolume 

65, Federal Register, on December 6, 2000, are repealed as of 

the date by which the Commission is required to promulgate 

new regulations under subsection (c) (as described in section 

402(c)(1)). 

(c) REGULATIONS BY THE FEDERAL ELECTION 

COMMISSION. - The Federal Election Commission shall 

promulgate new regulations on coordinated communications 

paid for by persons other than candidates, authorized 

committees of candidates, and party committees. The 

regulations shall not require agreement or formal collaboration 

to establish coordination. In addition to any subject determined 

by the Commission, the regulations shall address -

(1) payments for the republication of campaign materials; 

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

(3) payments for communications directed or made by 

persons who previously served as an employee of a candidate or 

a political party; and 

( 4) payments for communications made by a person after 

substantial discussion about the communication with a 

candidate or a political party. 

(d) MEANING OF CONTRIBUTION OR EXPENDITURE 

FOR THE PURPOSES OF SECTION 316. - Section 

316(b)(2) of the Federal Election Campaign Act of 1971 (2 

U.S.C. 441b(b)(2)) is amended by striking "shall include" and 

inserting "includes a contribution or expenditure, as those terms 

are defined in section 301, and also includes". 
32a 

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-

"(!) 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) ofthe 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. -

"(I) 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-
33a 

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

"(B) a clothing purchase; 

"(C) a noncampaign-related automobile expense; 

"(D) a country club membership; 

"(E) a vacation or other noncampaign-related trip; 

"(F) a household food item; 

"(G) a tuition payment; 

"(H) admission to a sporting event, concert, theater, or 

other form of entertainment not associated with an election 

campaign; and 

"(I) dues, fees, and other payments to a health club or 

recreational facility." 

SEC. 302. PROHIBITION OF FUNDRAISING ON 

FEDERAL PROPERTY. 

Section 607 oftitle 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. 
34a 

"(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 ofthe 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." 
35a 

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)). 
36a 

"(C) INCREASED LIMIT.-Except as provided in clause 

(ii), for purposes of subparagraph (A), ifthe opposition personal 

funds amount is over -

"(i) 2 times the threshold amount, but not over 4 times that 

amount-

"(!) 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 1 0 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 -

"(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. 
37a 

"(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 
i 

~i 

38a 

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. 

"G) LIMITATION ON REPAYMENT OF PERSONAL 

LOANS.- Any candidate who incurs personal loans made 

after the effective date 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. 
39a 

"(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. -Notlaterthan24 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 
40a 

"(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 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 ofthe Federal Election 

Campaign Act of1971 (2 U.S.C. 431), as amended by section 

lOl(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 -
41a 

"(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 ofthe 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 
42a 

(1) by striking "(b) The charges" and inserting the 

following: 

"(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 ofthe 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 (l)(A) for such broadcast or any other 

broadcast during any portion ofthe 45-day and 60-day periods 

described in paragraph (l)(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 
43a 

"(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 ofthe 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". 

(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-
44a 

"(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 INDNIDUAL 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-
45a 

(1) in subparagraph (A), by striking "$1,000" and inserting 

"$2 000"· and ' ' 

(2) in subparagraph (B), by striking "$20,000" and inserting 

"$25,000". 

(b) INCREASE IN ANNUAL AGGREGATE LIMIT ON 

INDIVIDUAL CONTRIBUTIONS.- Section 315(a)(3) ofthe 

Federal Election CampaignActof1971 (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 evennumbered year, no individual may make contributions 

aggregating more than -

"(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 of1971 (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 -
46a 

"(i) a limitation established by subsections (a)(l )(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 oflimitations under subsections (a)(1)(A), 

(a)(1)(B), (a)(3), and (h), increases shall only be made in oddnumbered 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 197 4" and inserting "means -

"(i) for purposes of subsections (b) and (d), calendar year 

1974; and 

"(ii) for purposes of subsections (a)(l)(A), (a)(l)(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 oftitle 36, United States 

Code, is amended by-

( 1) redesignating section 51 0 as section 511; and 

(2) inserting after section 509 the following: 

"§ 510. Disclosure of and prohibition on certain donations 
47a 

"(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. -

"(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 oftitle 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." 
48a 

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 -
49a 

(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; 

(IT) 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 ofthe 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 ELECTIONRELATED 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"; 
50 a 

(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 

through television shall include, in addition to the requirements 

of that paragraph, a statement that identifies the candidate and 
51 a 

states that the candidate has approved the communication. 

Such statement -

"(i) shall be conveyed by -

"(I) an unobscured, full-screen view of the candidate 

making the statement, or 

"(II) the candidate in voice-over, accompanied by a 

clearly identifiable photographic or similar image of the 

candidate; and 

"(ii) shall also appear in writing at the end of the 

communication in a clearly readable manner with a reasonable 

degree of color contrast between the background and the printed 

statement, for a period of at least 4 seconds. 

"(2) COMMUNICATIONS BY OTHERS. - Any 

communication described in paragraph (3) of subsection (a) 

which is transmitted through radio or television shall include, in 

addition to the requirements of that paragraph, in a clearly 

spoken manner, the following audio statement: ' is 

responsible for the content of this advertising.' (with the blank 

to be filled in with the name ofthe 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 ofthe 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)(l) of the Federal Election Campaign Act of 1971 (2 

U.S.C. 437g(d)(l)(A)) is amended to read as follows: 
52a 

"(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 ofthis Act. 

SEC. 313. STATUTE OF LIMITATIONS. 

(a) IN GENERAL.- Section406(a) oftheFederalElection 

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. 

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 oftitle 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. 
53 a 

(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 ofthe 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) oftitle 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-
54 a 

(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 of1987, 

as though the authority under such Act has not expired. 

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 of1971 (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-
55 a 

"(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)(l)), 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) that may be expended in connection with the 
56a 

election, as determined on June 30 and December 31 ofthe 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 ofthe 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) ofthe 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 
57 a 

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)(l)(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.-

"(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)(l)) 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.-
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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 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. 
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"(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 
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"(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. -Section315(a)(1) 

of the Federal Election Campaign Act of 1971 (2 U.S.C. 441 a), 

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 ofthis 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 ofthis section, the effective date of this Act, and the 

amendments made by this Act, is November 6, 2002. 
. '" 

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(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 315G) ofFederal 

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.-

(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 
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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-

(1) retiring outstanding debts or obligations that were 

incurred solely in connection with an election held prior to 

November 6, 2002; or 

(ll) 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. 
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(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 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 ofthe 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 ofthe 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 
65a 

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 3 04( a)( 11 )(B) of the Federal Election Campaign Act 

of1971 (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 

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 
66a 

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 ofthe 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 
67a 

of a political party shall file the reports required under 

subparagraph (B)." 

SEC. 504. PUBLIC ACCESS TO BROADCASTING 

RECORDS. 

Section 315 ofthe Communications Act of1934 (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; 

"(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); 
68a 

"(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."